Eastern District

Maynor, In re

Ruling: 
Chapter 13 plan could not be confirmed as the debtor improperly sought to avoid notice andapproval of sale requirements by inserting a nonstandard provision asserting the debtor'sclaimed homestead property was not non-exempt. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on November 27,2023, LexisNexis #0124-092

Sanders, In re--First Recovery, LLC v. Sanders

Ruling: 
Debt was nondischargeable where one plaintiff justifiably relied on the representations madeby defendant in facilitating the company's sale. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on August 31,2023, LexisNexis #1023-084

Hunsucker, In re

Ruling: 
Funds that qualified as an inheritance, bequest, or devise and did not derive from a trustinterest with an enforceable restriction were property of the bankruptcy estate. (Bankr.E.D.N.C.)
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Consumer case opionion summary, case decided on June 23,2023, LexisNexis #0823-059

Fanning, In re

Ruling: 
Debtors did not prevail on a motion to abrogate local bankruptcy court rule that did not abridge substantive rights to incur debt but rather effectuated trustee supervision. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on May 30,2023, LexisNexis #0723-070

Godwyn, In re

Ruling: 
Plan correctly provided for the full value of the creditor's claim, which under nonbankruptcy law was limited to the value of the property on the petition date plus post-petition interest. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on May 10,2023, LexisNexis #0723-021

Godwyn, In re

Ruling: 
Plan correctly provided for the full value of the creditor's claim, which under nonbankruptcy law was limited to the value of the property on the petition date plus post-petition interest. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on May 10,2023, LexisNexis #0723-021

Imperial Frozen Foods Op Co., LLC, In re

Ruling: 
Internal Revenue Service's second amended claim denied as the IRS did not meet its burden of establishing validity. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on May 03,2023, LexisNexis #0623-084

Gross, In re

Ruling: 
Collateral estoppel barred re-litigation of the issue of willfulness previously determined in a binding arbitration between the same parties. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on May 05,2023, LexisNexis #0623-088

Purdy, In re

Ruling: 
Cause existed to dismiss the case as debtors violated the local rules, the order and notice to debtor, the denial order, and the oral ruling denying the motion to reconsider. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on April 13,2023, LexisNexis #0623-046

Sugar, In re

Ruling: 
Chapter 13 case was subject to discharge due to debtor's unauthorized transfer of property, which was indicative of bad faith. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 10,2023, LexisNexis #0423-042

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