ORDER DENYING DEBTOR'S MOTION TO MODIFY PLAN J. CRAIG WHITLEY , Bankruptcy Judge . THIS MATTER came before the Court on a motion by the Debtor, Victoria Harwell Gardner, to modify her confirmed plan under Code Section 1229 to afford her additional time to market and sell certain encumbered real estate. The Debtor maintains that the failure of the North Carolina General Assembly to renew historic tax credits potentially useful to her marketing effort constitutes an unanticipated,...
ORDER DENYING CREDITOR'S APPLICATION TO THE COURT FOR JUDICIAL ASSISTANCE DETERMINING THAT 11 U.S.C. 362(b)(22) APPLIES LAURA T. BEYER, Bankruptcy Judge. THIS MATTER is before the court for hearing upon the Application to the Court for Judicial Assistance Determining that 11 U.S.C. 362(b)(22) Applies ("Application") filed by AH4R One Properties, LLC ("Creditor"). In the Application, the Creditor asserts that it is entitled to an exception from the automatic stay pursuant to 362(b)(22)....
ORDER J. CRAIG WHITLEY, Bankruptcy Judge. THIS MATTER came before the Court on the Debtors' Motion for Authority to Transfer Real Property to Secured Creditor by Quitclaim Deed and Request for a Presumptive Non-base Fee, filed March 10, 2014. A hearing was held on March 28, 2014. Wayne Sigmon appeared on behalf of the Debtors, (the "Roses"), and Steven Tate appeared on behalf of the Chapter 13 Trustee. The secured creditor in question, the U.S. Small Business Administration (hereinafter, "...
ORDER J. CRAIG WHITLEY, Bankruptcy Judge. This matter is before this Court upon the Trustee's Objections To Exemptions And Valuations Claimed By Debtor filed October 3, 2013. After several continuances in order to conduct discovery, an evidentiary hearing was held on April 28, 2014. The Chapter 7 Trustee, John W. Taylor represented himself ("Trustee"). Debtor Lametsha B. Crawford ("Crawford") was represented by Barbara L. White. The dispute involves an effort by Crawford, a Charlotte, NC...
ORDER REVOKING DISCHARGE CRAIG WHITLEY, Bankruptcy Judge. THIS MATTER came before the Court for trial on January 27, 2014 on the Trustee's Complaint to Revoke Discharge, for Accounting, and for Turnover of Property. Keith Johnson appeared on behalf of the Trustee for the bankruptcy estate of Richard P. Meabon ("Richard Meabon" or the "Debtor"). Michael Elliott appeared on behalf of Defendants Richard Meabon and Martha Medlin, in her capacity as Trustee under that certain Trust Agreement of...
ORDER ESTIMATING AGGREGATE LIABILITY GEORGE R. HODGES, Bankruptcy Judge. This matter is before the court after a hearing to determine the reasonable and reliable estimate of Garlock Sealing Technologies, LLC's liability for present and future mesothelioma claims. The court has concluded that the amount sufficient to satisfy that obligation is $125 million. In support thereof, the court makes the following findings of fact, conclusions of law and order: SUMMARY Garlock produced and sold...
