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§ 1303

Sliwinski, In re--Sliwinski v. Sliwinski

Mar
10
2025
Ruling
Chapter 13 debtor lacks standing to sell property under Section 363(h). (Bankr. E.D.N.C.)
Issue(s)
Rights and Powers of Debtor.

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Consumer opinion summary, case decided on March 10, 2025 , LexisNexis #0525-043
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Fanning, In re

May
30
2023
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.)
Issue(s)
Rights and Powers of Debtor.

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Consumer opinion summary, case decided on May 30, 2023 , LexisNexis #0723-070
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Moulton v. Deutsche Bank Natl Bank Trust Co. (In re Moulton)

Sep
15
2008
Ruling
Chapter 13 debtor allowed to sell house free and clear due to evidence of good faith.
Procedural posture

Plaintiff debtor filed a complaint against defendant mortgage creditor seeking to sell her house free and clear of liens. The debtor also moved for confirmation of her proposed chapter 13 plan. The creditor moved, pursuant to 11 U.S.C.S. § 362(j), for an order establishing that no stay was in effect, or, in the alternative, annulling the stay. The chapter 13 trustee filed an objection to confirmation and a motion to dismiss.

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Consumer opinion summary, case decided on September 15, 2008 , LexisNexis #1108-050
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