CHAPTER 13 ORDER ALLOWING MOTION TO MODIFY Stephani W. Humrickhouse, United States Bankruptcy Judge Pending before the court is the motion of John F. Logan ("chapter 13 trustee") to modify the chapter 13 plan of Robert Carroll Ormiston, Sr. and Nancy Giddings Ormiston (collectively "debtors"), pursuant to 1329(a) of the Bankruptcy Code, in order to account for an anticipated post-confirmation inheritance, to which the debtors have objected. A hearing on the matter was held in Raleigh,...
ORDER REGARDING OBJECTION TO CLAIM Stephani W. Humrickhouse, United States Bankruptcy Judge. The matter before the court is the debtor's objection to the claim of Oak Harbor Capital VII, LLC. A hearing took place in Raleigh, North Carolina, on August 27, 2013. For the reasons that follow, the objection will be overruled. BACKGROUND Linda Ann Nussman filed a petition for relief under chapter 13 of the Bankruptcy Code on January 22, 2013. The debtor listed a debt owed for credit card charges...
ORDER REGARDING MOTION TO DISMISS CASE Stephani W. Humrickhouse, United States Bankruptcy Judge. The matter before the court is the motion filed by the bankruptcy administrator to dismiss this case pursuant to 11 U.S.C. 707(b)(1) and 707(b)(3). A hearing took place in Raleigh, North Carolina, on August 8, 2013. For the reasons that follow, the motion to dismiss will be allowed pursuant to 707(b)(1). Background Douglas Brock Byers filed a petition for relief under chapter 7 of the...
CHAPTER 11 ORDER A. Thomas Small, United States Bankruptcy Court Judge The matter before the court is its order directing WM Six Forks, LLC ("debtor") to appear and show cause why its case should not be dismissed or sanctions imposed for failure to remit the appropriate quarterly fee for the second quarter of 2013. At issue is whether a credit bid, exercised by a secured creditor pursuant to 363(k) of the Bankruptcy Code, is considered a "disbursement" for purposes of calculating the...
CHAPTER 11 ORDER DENYING APPLICATION FOR ALLOWANCE OF AN ADMINSTRATIVE EXPENSE CLAIM A. Thomas Small, United States Bankruptcy Court Judge The matter before the court is the application of Oliver Friesen Cheek, PLLC ("OFC") for the allowance of an administrative expense claim. The bankruptcy administrator objected to the application, and a hearing was held on September 4, 2013, in Raleigh, North Carolina. BACKGROUND Kimberly Nifong Mitchell filed a voluntary petition for relief under...
CHAPTER 7 ORDER Stephani W. Humrickhouse, United States Bankruptcy Judge The matter before the court is the trustee's objection to exemption claimed by the chapter 7 debtors. A hearing was held in Wilmington, North Carolina on July 16, 2013. The debtors filed a voluntary petition under chapter 7 of the Bankruptcy Code on January 25, 2013. The case was determined to be a no asset case and the trustee entered his report of no distribution on March 27, 2013. The debtors received their...
CHAPTER 13 ORDER Stephani W. Humrickhouse, United States Bankruptcy Judge This matter came before the court on the objection of RBS Citizens, N.A., successor-in-interest to COO Mortgage Corporation f/k/a American Home Funding, Inc. (collectively "RBS Citizens") to John F. Logan's ("trustee") motion for confirmation of Betty Suzanne Hubbell's ("debtor") chapter 13 plan of reorganization. A hearing was held on July 17, 2013, in Raleigh, North Carolina. At the conclusion of the hearing,...
CHAPTER 7 ORDER ALLOWING SUMMARY JUDGMENT IN FAVOR OF CHAPTER 7 TRUSTEE Stephani W. Humrickhouse, United States Bankruptcy Judge David W. Warren ("trustee") initiated this adversary proceeding on February 25, 2011. The multi-count complaint, subsequently amended on July 13, 2011 and April 25, 2012, 1 seeks avoidance of a deed of trust executed by Lisa Gail Skumpija ("debtor") in favor of her mother, Janet Abreu ("defendant"), pursuant to 544, 548(a)(1)(B), 550 and 551 of the...
MEMORANDUM OPINION REGARDING CONFIRMATION OF PLAN Stephani W. Humrickhouse, United States Bankruptcy Judge On July 1, 2013, in an order confirming the debtor's modified chapter 11 plan and overruling objections by creditor OneWest Bank, FSB ("OneWest") and the bankruptcy administrator, the court indicated that the bases for those rulings would be set out in a forthcoming memorandum opinion. The determinative issue for confirmation purposes was whether the debtor was precluded from modifying...
CHAPTER 7 ORDER J. Rich Leonard, United States Bankruptcy Judge This matter came before the court on Cimarron Homeowners Association, Inc.'s ("defendant") motion to dismiss the complaint filed by Joseph N. Callaway ("chapter 7 trustee") in the above-captioned adversary proceeding on the grounds that it fails to state a claim upon which relief may be granted pursuant to Fed.R.Civ.P. 12(b)(6). A hearing was held in Raleigh, North Carolina on June 10, 2013. At the conclusion of the hearing,...
Chapter 13 ORDER J. Rich Leonard, United States Bankruptcy Judge This matter came before the court on the motion of State Employees' Credit Union ("SECU") seeking a determination that the discharge granted to Vincent Scott Rogers and Charisse Rogers (collectively "debtors") had not extinguished their liability for a deficiency arising from a post-discharge default and foreclosure sale. A hearing was held on June 5, 2013, in Raleigh, North Carolina. 1 On September 4, 2003, the debtors...
CHAPTER 11 ORDER J. Rich Leonard, United States Bankruptcy Judge This matter came before the court on Barrett Oakes Welch's ("defendant") motion to dismiss the complaint filed by Old Republic National Title Insurance Company ("plaintiff") in the above-captioned adversary proceeding on the grounds that it fails to state a claim upon which relief may be granted pursuant to Fed.R.Civ.P. 12(b)(6) and Fed. R. Bankr.P. 7012(b)(6). A hearing was held in Raleigh, North Carolina on May 23, 2013. At...
ORDER J. RICH LEONARD, Bankruptcy Judge. These cases are before the court on the trustee's motions to dismiss for the debtors' failure to contribute their projected disposable income to payment of unsecured creditors pursuant to 11 U.S.C. 1325(b)(1)(B), to which the debtors have objected. A hearing on the matters was held on December 10, 2012, at 2:00 p.m. in Raleigh, North Carolina. Because resolution of this issue directly impacts the functioning of chapter 13 cases in this district, the...
ORDER J. RICH LEONARD, Bankruptcy Judge. These matters came before the court on the objection of Gregory B. Crampton ("trustee") to the above-captioned debtors' claims of exemptions in Schedule C-1 of their petitions. A hearing on the matters took place on January 15, 2013 in Raleigh, North Carolina. At the conclusion of the hearing, the court took the matter under advisement. BACKGROUND Each of the above-captioned debtors (collectively "debtors") filed voluntary petitions for relief under...
ORDER AND OPINION RANDY D. DOUB, Bankruptcy Judge. Pending before the Court is the adversary proceeding commenced by Derrick and Janice McClendon ("Plaintiffs") on November 29, 2010. Walter Home Mortgage, et al. ("Defendants") filed the Defendants' Motion for Summary Judgment on February 29, 2012. The Court conducted a hearing on the Motion on May 24, 2012. Per the Court's request, the parties submitted memoranda of law concerning the Motion. A second hearing on the matter took place on...
ORDER J. RICH LEONARD, Bankruptcy Judge. This matter came before the court on Endcom, Inc.'s ("defendant") motion to dismiss this adversary proceeding for failure to state a claim upon which relief can be granted, to which James B. Angell ("trustee") has objected. A hearing on the matter was held on January 10, 2013 in Raleigh, North Carolina. At the conclusion of the hearing, the court took the matter under advisement and allowed the parties ten days to file supplemental briefs. BACKGROUND...
ORDER REGARDING MOTION TO RECONSIDER STEPHANI W. HUMRICKHOUSE, Bankruptcy Judge. Pending before the court is the chapter 7 trustee's motion to reconsider the Order Denying Motion to Dismiss and Granting in Part Motion to Stay, entered by this court on September 26, 2012, with respect to the court's conclusion in that order that "Bank of America, N.A. (hereinafter "BOA") has not waived its right to arbitration and, alternatively, that TP, Inc.'s claim under Chapter 75 of the North Carolina...
ORDER DENYING BANK OF AMERICA'S EMERGENCY MOTION FOR STAY OF ORDER PENDING APPEAL STEPHANI W. HUMRICKHOUSE, Bankruptcy Judge. The matter before the court is Bank of America's emergency motion for the court to stay its order entered on January 14, 2013 (the "Stay Order"). The Stay Order stayed arbitration initiated by Bank of America against the debtors' guarantors (the "Guarantor Arbitration"). A hearing was held in Raleigh, North Carolina, on January 30, 2013. The court entered an order on...
ORDER DENYING MOTION OF ERGS II, L.L.C. REGARDING TABULATION OF ITS UNSECURED CLASS 7 BALLOT RANDY D. DOUB, Bankruptcy Judge. Pending before the Court is the Motion of ERGS II, L.L.C. Regarding Tabulation of its Unsecured Class 7 Ballot (the "Motion") filed by ERGS II, L.L.C. ("ERGS") on September 21, 2012 and the Debtor's Response to Motion of ERGS II, L.L.C. Regarding the Tabulation of its Unsecured Class 7 Ballot (the "Response") filed by Lichtin/Wade, L.L.C. (the "Debtor") on October 15,...
ORDER RANDY D. DOUB, Bankruptcy Judge. Pending before the Court is the Trustee's Objection to Confirmation and Motion to Dismiss filed by the Chapter 13 Trustee (the "Trustee") on October 29, 2012, the Memorandum of Law in Support of Trustee's Objection to Debtors' Confirmation and Motion to Dismiss filed by the Trustee on November 27, 2012, the Amended Memorandum of Law in Support of Trustee's Objection to Debtors' Confirmation and Motion to Dismiss filed by the Trustee on December 21, 2012,...
