From the Editor – Appeals • NACTT Academy

From the Editor – Appeals

By The Honorable William Houston Brown (Retired)

District court had discretion to deny stay pending appeal. The district court affirmed denial of the credit card issuer’s motion to compel arbitration in the putative class action concerning alleged violation of the discharge injunction. The district court had held that violation of the discharge injunction is such a substantive issue essential to the proper functioning of the Bankruptcy Code that arbitration would not adequately protect. The card issuer moved for a stay of the bankruptcy proceeding pending further appeal, and the district court applied the traditional four . . .

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On a trustee’s motion to modify a confirmed Chapter 13 plan, Court required debtor to commit funds to unsecured creditors based upon the previously undisclosed equity generated from post-petition sale of property. (Warren) In re Croniser, 2022 WL 3639413 (Bankr. E.D. N.C. August 23, 2022) Case Summary Duane Croniser filed a voluntary petition under Chapter 13 in January of 2020....

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