General

Eastern District of North Carolina Bankruptcy Judge Randy Doub ruled in the Hurst case on June 20, 2014 that unusually high commuting expenses (70 miles for husband and 95 miles for wife) were not sufficient to show special circumstances such...

The question of a bankruptcy court’s jurisdictional authority–whether a court has the authority to hear and render final decisions on particular claims–at first glance probably means precious little to most individuals or businesses considering whether to file a bankruptcy case...

Eastern District of North Carolina Judge Randy Doub recently ruled against the plaintiff/trustee in a fraudulent transfer action captioned Angell v. Craft Air Services, LLC. The defendant had been paid funds by the corporate chapter 7 debtor over the 2...

I know, I know, The Eagles are terrible. But the most famous line from their most famous song popped into my head yesterday while reading a recent opinion by Judge Humrickhouse in which she denied a debtor’s motion to have...

In addition to the potential pleasure that might be enjoyed as a result of owning and utilizing certain recreational items (e.g. boat, camper, motorcycle, ATV, etc), there may also be a financial/legal benefit in a bankruptcy case. The reason is...

When a corporation is a chapter 7 debtor a trustee is appointed by the court to act on behalf of the bankruptcy estate. The chapter 7 trustee has the power to waive the attorney-client privilege with regards to communications that...

Once a chapter 13 plan is confirmed, disbursements from the Chapter 13 Trustee commence. Adequate assurance payments made on vehicle loans are an exception to the normal rule and other deviations are sometimes permitted for certain secured creditors. In the...

Generally speaking, a bankruptcy filing will not stay a criminal prosecution. However, there is case law in the Eastern District of North Carolina that provides as follows: Bankruptcy proceedings have built-in protections for creditors who are owed monies. Therefore, creditors...

A debtor filing bankruptcy is required to list the names and addresses of all entities holding claims against the debtor. As a result of the disclosure a notice of the bankruptcy filing will be sent to the claim holder. Some...

In order to avoid bankruptcy it is common for a debtor to tap otherwise protected assets (e.g. IRA accounts, 401k accounts, 403b accounts, 529 accounts, etc.). Because of financial, legal and ethical considerations it is understandable why a debtor would...