MEMORANDUM OPINION GRANTING MOTION TO DISMISS BENJAMIN A. KAHN , UNITED STATES BANKRUPTCY JUDGE . This case came before the Court for hearing on October 10, 2017, on the Motion to Dismiss Proceeding or Convert to Chapter 11 [Doc. # 74] ("Motion to Dismiss") filed by Wells Fargo Advisors, LLC ("WFA") on September 8, 2017. At the hearing Charles M. Ivey, III appeared on behalf of Ronald Woody ("Debtor"), Paul J. Puryear and William H. Kroll appeared on behalf of WFA, and Everett B. Saslow...
MEMORANDUM OPINION DENYING DISCHARGE BENJAMIN A. KAHN , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding came before the Court for trial on September 28, 2017. James C. Lanik appeared as chapter 7 trustee ("Trustee") and William P. Miller as the Bankruptcy Administrator ("BA") ("Plaintiffs"). Jennifer Adams Ledford appeared as counsel for Charles Ross and Shearon Blake Young ("Defendants" or "Debtors"), defendants in this adversary proceeding and the debtors in the underlying...
MEMORANDUM OPINION GRANTING MOTION TO DISMISS LENA MANSORI JAMES , UNITED STATES BANKRUPTCY JUDGE . On April 13, 2017 the case of Carol Fisher Carter (the "Debtor") came on for hearing on: (1) Motion to Dismiss Chapter 12 Bankruptcy Case filed on March 13, 2017 by Carolina Farm Credit, ACA ("CFC") (Docket No. 9); (2) Motion to Dismiss Chapter 12 Bankruptcy Case and Joinder to Motion to Dismiss of Carolina Farm Credit, ACA filed on March 14, 2017 by Uwharrie Bank ("Uwharrie") (Docket No....
OPINION AND ORDER CATHARINE R. ARON , Bankruptcy Judge . THIS CASE is before the Court, sua sponte, with respect to the Court's October 7, 2016 order [Doc. #116] (the "Supplementary Order"). For the reasons as stated below, the Court finds that the Supplementary Order should be amended, and the parties should prepare for trial with respect to whether any of the payments at issue in this case are protected from avoidance under 11 U.S.C. 546(e) or (g). JURISDICTION This Court has...
MEMORANDUM ORDER DENYING MOTION FOR SUMMARY JUDGMENT BENJAMIN A. KAHN , Bankruptcy Judge . This adversary proceeding came before the Court for hearing on November 22, 2016 (the "Summary Judgment Hearing") on the Motion for Summary Judgment [Doc. #14] ("Motion for Summary Judgment"), filed on October 7, 2016, by Plaintiffs Gully Brook Revocable Trust and Tasha's Way Revocable Trust ("Plaintiffs"). Jonathan Keeler appeared on behalf of Plaintiffs and Stephanie Osborne appeared on behalf of...
MEMORANDUM OPINION BENJAMIN A. KAHN , Bankruptcy Judge . THIS ADVERSARY PROCEEDING came before the Court for trial on December 5, 2016. Also before the Court is the amended motion for sanctions [Doc. #'s 74 and 79] (as amended, the "Motion for Sanctions") filed by Plaintiff, on which the Court deferred ruling until trial. James C. Lanik appeared as chapter 7 trustee ("Trustee") for the debtor, Cox Motor Express of Greensboro, Inc. ("Debtor"). Andrew D. Irby appeared as counsel for...
ORDER AND OPINION DENYING MOTION TO DISMISS LENA MANSORI JAMES , Bankruptcy Judge . This case came on for hearing on December 21, 2016 on a Motion by State Farm Mutual Automobile Insurance ("State Farm") to dismiss the involuntary bankruptcy case of Dray Alexander Carter (the "Debtor"). Due and proper notice having been given, appearing at the hearing were William P. Janvier, attorney for Petitioning Creditors; C. Edwin Allman, III, Chapter 7 Trustee; J. David Stradley, Special Counsel...
ORDER ON REAFFIRMATION AGREEMENT AND FOR DEBTOR'S COUNSEL TO SHOW CAUSE BENJAMIN A. KAHN , UNITED STATES BANKRUPTCY JUDGE THIS CASE came before the Court for hearing on December 13, 2016, on the Reaffirmation Agreement Between Debtor Christopher Wayne Griffin ("Debtor") and Ally Financial ("Ally") filed on November 22, 2016 [Doc. # 10] (the "Reaffirmation Agreement"). Benjamin David Busch appeared on behalf of the Debtor. Procedural Background The Debtor commenced this case by filing...
