ORDER OVERRULING TRUSTEE'S OBJECTIONS TO EXEMPTIONS AND VALUATIONS J. CRAIG WHITLEY , Bankruptcy Judge . Upon conversion of this case from Chapter 11 on February 27, 2015, John W. Taylor was appointed as the Chapter 7 trustee. In this capacity, the trustee objected to debtor's claim of exemptions to the extent those exemptions are not permitted under N.C.G.S. 1C-1601(e). These included for payment of claims by the United States, claims by the State of North Carolina, and claims for...
ORDER REGARDING BANKRUPTCY ADMINISTRATOR'S MOTION FOR AN EXAMINATION OF THE DEBTOR'S TRANSACTIONS WITH HIS ATTORNEY UNDER FEDERAL RULE OF BANKRUPTCY 2017 J. CRAIG WHITLEY , Bankruptcy Judge . This matter presents the question of whether a Chapter 7 debtor's attorney may take a security interest in the debtor's property prior to filing bankruptcy to secure both pre- and post-petition professional fees. On the facts presented, the attorney in this case may not for at least two reasons....
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO ENFORCE ORDER APPROVING SETTLEMENT AGREEMENT LAURA T. BEYER , Bankruptcy Judge . This matter comes before the court on the Motion to Enforce Order Approving Settlement Agreement (the "Motion to Enforce") of Branch Banking and Trust Company ("BB&T"), Jeff Kies, Carl Marks Advisory Group ("Carl Marks"), Steven D. Arndt, Robert D. Drum, Cynthia D. Gabriel, Dianne D. Fulbright, the Estate of Boyd H. Drum, the Estate of Brevard Arndt, and...
ORDER J. Craig Whitley , United States Bankruptcy Judge In these eight related adversary proceedings, plaintiff seeks to avoid upward of $1,200,000 in prepetition transfers of the debtor's property under Bankruptcy Code sections 547 and 548, as well as N.C.G.S. 39-23 and to recover these monies per Code section 550. The numerous defendants and third-party defendants have responded to those complaints with a barrage of motions seeking to: (1) revoke confirmation of the consummated...
ORDER GRANTING PARTIAL SUMMARY JUDGMENT AND CONDITIONALLY GRANTING PARTIAL SUMMARY JUDGMENT TO DEFENDANTS ROXIE AND BART LUNSFORD J. CRAIG WHITLEY , Bankruptcy Judge . THIS MATTER is before this Court on a motion for Summary Judgment filed on April 13, 2015 by Defendants Roxie and Bart Lunsford (the Lunsfords). A hearing was held on May 14, 2015. Michelle E. Earp and Ross R. Fulton appeared on behalf of the Lunsfords. John Taylor appeared on behalf of the Plaintiff/Chapter 7 Trustee,...
ORDER DENYING DEFENDANT'S MOTION FOR RELIEF J. Craig Whitley , United States Bankruptcy Judge . In this matter, a debtor, Richard P. Meabon, seeks relief under Rule 60(b)(3) and (4) of the Federal Rules of Civil Procedure after his discharge was revoked for attempting to conceal estate assets by willfully making false statements under oath. For the reasons stated below, Meabon's motion is denied. The circumstances leading to the revocation of Meabon's discharge are detailed fully in the...
