In re Sisson; Case No. 06-10676-SSM; January 28th, 2008 The Debtor was an individual involved in the buying and selling of real estate. In the course of this Chapter 11, a Creditor filed two claims in the amount of $1.06 million. The present order was the ruling on a motion for summary judgment on behalf [...]
In re O’Halloran, Case No. 07-13528-RGM; January 17th, 2008 The debtor has attempted to enter into a reaffirmation agreement, pursuant to Bankruptcy Code §524(c). The court noted that, under that section, paragraph (3) requires that the agreement has been filed with the court. Bankruptcy Code §524(m)(1) states that a reaffirmation agreement presents an undue hardship [...]
In Re Exum; Case No. 08-10079-RGM; January 17, 2008 The Debtor’s home was foreclosed on prior to the bankruptcy filing. The new owners filed an Unlawful Detainer to remove the debtor from the property and obtained a Writ of Possession. Before the writ was executed, debtor filed for bankruptcy. The new owners filed this motion, [...]
In re Ayres-Haley; Case No. 07-10314-SSM; January 16, 2008 Ms. Ayres-Haley filed a Chapter 13 plan whereby she was to pay the car lender, Americredit, the regular contractual rate outside of the plan and the plan provided for 100% payment of unsecured creditors and was to be funded with the sale of real estate. Ms. [...]
In re Shea; Case No. 08-10014-SSM; January 7th, 2008 In this matter, the pro se debtor filed for a waiver of the pre-petition counseling requirement under 11 USC 109. The court points out that the requirement may be deferred with respect to a debtor who submits to the court a certification that (1) describes exigent [...]
In re Kim, Case No. 07-12972-SSM, January 4th, 2008 Wachovia brought a Motion for Relief from the Automatic Stay to enforce its security interest in the debtors formerly owned property. The property had been sold a few years prior, but the title examiner failed to find and dispose of Wachovia’s lien on the sale of [...]
In re Amireh, Case No. 05-12358, January 2nd, 2008 Treatment of codebtor claims In this case, the debtor originally filed a Chapter 13 which was denied confirmation and then was converted to a Chapter 7. The Codebtor then purchased Debtors interest in the property, believing the case had been dismissed after the denial of confirmation. In exchange [...]
In re Local Communications Network, Inc., Case No. 07-12433-SSM, Januarary 2nd, 2008 This matter was before the court on a Motion to Reconsider an order dismissing an involuntary petition. The motion was filed by the petitioning creditors. In denying the motion to reconsider, the court cited the relevant Fourth Circuit precedent regarding a Motion to [...]
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