NIFONG v. EVANS et al Featured Case

Appellant: MICHAEL B. NIFONG
Appellee: DAVID F. EVANS, COLLIN FINNERTY and READE SELIGMANN
Trustee: SARA A. CONTI
Debtor: MICHAEL B. NIFONG
Interested Party: MICHAEL D. WEST
 
Case Number: 1:2008cv00441
Filed: June 30, 2008
 
Court: North Carolina Middle District Court
Office: Bankruptcy Appeal (801) Office
County: Durham
Presiding Judge: JAMES A. BEATY
 
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:0158 Bankruptcy Appeal from Judgment/Order

Docket Report

We have record of the following docket entries for this case:
Date Filed#Document Text
December 4, 2008 14 Featured Case ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 12/4/2008 that the May 27, 2008 decision of the Bankruptcy Court is AFFIRMED, and the Clerk is directed to enter Judgment in this Appeal pursuant to this determination. (Lee, Lisa)
December 4, 2008 Minute Entry for proceedings held before CHIEF JUDGE JAMES A. BEATY, JR: Oral Argument on Bankruptcy Appeal held on 12/4/2008; Written order forthcoming. (Court Reporter Lori Russell; Attorney James Craven for Appellant; Attorneys Charles Davant and David Rudolf for Appellees) (Kemp, Donita)
November 24, 2008 13 REVISED Notice of Hearing: Argument on Bankruptcy Appeal set for 12/4/2008 10:00 AM in Greensboro Courtroom #1 before CHIEF JUDGE JAMES A. BEATY JR. (Kemp, Donita)
October 24, 2008 12 NOTICE of Hearing: Argument on Bankruptcy Appeal set for 12/4/2008 10:00 AM in Winston-Salem Courtroom #1 before CHIEF JUDGE JAMES A. BEATY JR. (Kemp, Donita)
October 9, 2008 CASE REFERRED to Judge Beaty. (Kemp, Donita)
September 30, 2008 11 Reply BRIEF re 10 Appellee's Brief, filed by MICHAEL B. NIFONG. (CRAVEN, JAMES)
September 15, 2008 10 Appellee's BRIEF by Appellees DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. Appellant Reply Brief due by 9/30/2008. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11) (DAVANT, CHARLES)
August 15, 2008 9 BRIEF filed by MICHAEL B. NIFONG. (CRAVEN, JAMES)
July 15, 2008 8 Featured Case ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR on 7/15/08 granting 6 Motion for Extension of Time to File Brief, the briefing scheduled in this Bankruptcy appeal is amended as follows: Appellant Brief due by 8/15/2008. Appellee Brief due by 9/15/08. Any Reply Brief of the debtor/appellant due by 9/30/2008. (Wilson, JoAnne)
July 3, 2008 7 RESPONSE re 6 MOTION for Extension of Time to File Brief filed by DAVID F. EVANS, COLLIN FINNERTY, READE SELIGMANN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(DAVANT, CHARLES)
July 3, 2008 ***Motions Submitted: 6 MOTION for Extension of Time to File Brief to CHIEF JUDGE JAMES A. BEATY, JR. (Kemp, Donita)
July 2, 2008 6 MOTION for Extension of Time to File Brief by MICHAEL B. NIFONG. Responses due by 7/25/2008 (Attachments: # 1 Text of Proposed Order)(CRAVEN, JAMES)
July 1, 2008 5 NOTICE of Bankruptcy Appeal and Notice of Briefs due. Appellant Brief due by 7/21/2008. (Lloyd, Donna)
June 30, 2008 4 Bankruptcy Record on Appeal filed (Part 3). Transmitting Appellant Designation and Appellee Designation, if applicable. (Attachments: # 1 34 - Memorandum in Opposition, # 2 36 - Brief/Memorandum, # 3 38 - Memorandum Opinion, # 4 39 - Order Modifying Automatic Stay, # 5 40 - Transcript of Hearing on April 24) (bancap, tls)
June 30, 2008 3 Bankruptcy Record on Appeal filed (Part 2). Transmitting Appellant Designation and Appellee Designation, if applicable. (Attachments: # 1 55-Amended Appellant Designation, # 2 53-Appellee Designations, # 3 1-Voluntary Petition, # 4 22-Motion for Relief from Stay and Stay Adversary Proceeding, # 5 22-Exhibit 1 Motion for Relief from Stay, # 6 22- Exhibit 2 Motion for Relief from Stay and Stay Adversary, # 7 22- Exhibit 3 Motion for Relief from Stay and Stay Adversary, # 8 22- Exhibit 4 Motion for Relief from Stay and Stay Adversary, # 9 22- Exhibit 5 Motion for Relief from Stay and Stay Adversary, # 10 28-Memorandum in Opposition) (bancap, tls)
June 30, 2008 2 Bankruptcy Record on Appeal filed (Part 1). Transmitting copy of docket sheet. The Bankruptcy Court hereby certifies that this is a true and accurate copy of the docket on file. (Attachments: # 1 44-Notice of Appeal) (bancap, tls)
June 30, 2008 1 Certificate of Readiness and Completion of Record filed by the Bankruptcy Court. (Lloyd, Donna)

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Appellant: MICHAEL B. NIFONG
Represented By: JAMES B. CRAVEN, III
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Appellee: DAVID F. EVANS
Represented By: DAVID S RUDOLF
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Appellee: COLLIN FINNERTY
Represented By: DAVID S RUDOLF
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Appellee: READE SELIGMANN
Represented By: DAVID S RUDOLF
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Trustee: SARA A. CONTI
Represented By: SARA ANGELA CONTI
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Debtor: MICHAEL B. NIFONG
Represented By: JAMES B. CRAVEN, III
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Interested party: MICHAEL D. WEST
Represented By: MICHAEL DEAMS WEST
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