Houck v. Substitute Trustee Services Inc. (Lawyers Weekly No. 001-124-15, 33 pp.) (Niemeyer, J.) No. 13-2326, July 1, 2015; USDC at Statesville, N.C. (Cayer, J.) 4th Cir. Holding: The 4th Circuit vacates dismissal of plaintiff’s suit against a substitute trustee ...

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Wilson v. Moss (Lawyers Weekly No. 003-010-15, 8 pp.) (Helen Burris, J.) 14-80054; B.S.C. Holding: Although plaintiff has shown neglect in her failure to timely file notice of appeal, she has not shown that such neglect was excusable. While plaintiff ...

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In re Ingram (Lawyers Weekly No. 003-009-15, 8 pp.) (David Duncan, C.J.) 08-00851; B.S.C. Holding: While the debtors were subject to a five-year Chapter 13 plan, one of them was injured in an auto accident; however, the debtors did not ...

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Vieira v. Vice (In re Legacy Development SC Group, LLC) (Lawyers Weekly No. 003-008-15, 16 pp.) (David Duncan, C.J.) 14-80082; B.S.C. Holding: Despite promises by the debtor-developer’s agent that defendants would not have to pay their promissory note unless they ...

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In re Cain (Lawyers Weekly No. 003-007-15, 7 pp.) (David Duncan, C.J.) 15-00079; B.S.C. Holding: While the debtor lived in the Pamlico house at issue and contributed to mortgage payments, (1) she knew her mother-in-law owned the property and later ...

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In re Crump (Lawyers Weekly No. 003-006-15, 9 pp.) (David Duncan, C.J.) 14-05007; B.S.C. Holding: Even though the creditor’s claim arises from a debt that was originally secured by both the debtor’s principal residence and a second parcel, since the ...

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WASHINGTON (AP) — A unanimous Supreme Court says debtors in bankruptcy cannot immediately appeal a court’s order rejecting a plan to repay creditors. The justices ruled Monday that parties in a bankruptcy case must wait until a repayment plan is ...

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Jenkins v. Simpson (Lawyers Weekly No. 001-073-15, 19 pp.) (Motz, J.) No. 14-1385, April 27, 2015; USDC at Charlotte, N.C. (Conrad, J.) 4th Cir. Holding: Although debtor failed to provide the bankruptcy trustee with additional information about $235,000 in lawsuit ...

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Moses v. CashCall Inc. (Lawyers Weekly No. 001-045-15, 77 pp.) (Niemeyer, J.) No. 14-1195, March 16, 2015; USDC at Greenville, N.C. (Boyle, J.) 4th Cir. Holding: In this bankruptcy appeal involving debtor’s assertion of a claim for declaratory relief and ...

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In re Childers (Lawyers Weekly No. 003-005-15, 12 pp.) (Helen Burris, J.) 11-03985; B.S.C. Holding: Even though there is no equity in the debtors’ residence, since the trustee avoided a pre-petition mortgage while preserving the $97,821.27 lien for the benefit ...

Tagged with: Bankruptcy