Judge Kahn

Caswell, In re

Ruling: 
Motion to dismiss amended complaint denied in part where plaintiffs' failure to name the real party in interest was neither tactical nor dishonest and did not subject defendants to additional liability. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on July 02,2018, LexisNexis #0818-060

RainTree Healthcare of Forsyth LLC, In re

Ruling: 
Bankruptcy Administrator's motion to dismiss debtor's case granted as liquidation wouldlikely produce little to no benefit to creditors and the estate. (Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on February 07,2018, LexisNexis #0318-081

Young, In re--Lanik v. Young

Ruling: 
Trustee's motion seeking avoidance of a transfer denied as trustee failed to prove that a transfer of an undivided interest in a parcel of real estate constituted a constructive fraudulent transfer. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on January 17,2018, LexisNexis #0218-101

Woody, In re

Ruling: 
Debtor's case dismissed as it was filed in response to a creditor's arbitration proceeding. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on December 08,2017, LexisNexis #0118-051

Young, In re--Miller v. Young

Ruling: 
Debtors were ineligible to have their debts discharged for hiring a company to auctionpersonal property without the court's permission. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on November 28,2017, LexisNexis #0118-026

In re Griffin

Ruling: 
Court issued show cause order to debtor's attorney for failure to review and ensure thatdeclarations filed in the court were accurate and true. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on January 04,2017, LexisNexis #0217-049

Conti v. Coastal Warranty, LLC (In re NC & VA Warranty Co.)

Ruling: 
Prepetition transfers to re-insurer were avoidable as preferential. (Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on August 18,2016, LexisNexis #0916-056

Nightingale v. N.C. State Educ. Assistance Auth. (In re Nightingale)

Ruling: 
Disabled debtor whose condition was unlikely to change granted undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on April 14,2016, LexisNexis #0516-052

In re Highsmith

Ruling: 
Garnishments by state and county agencies violated the automatic stay and were grounds for sanctions.
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Consumer case opionion summary, case decided on December 31,2015, LexisNexis #0116-110

Kaczkowski v. Dovan (In re Dovan)

Ruling: 
Debt based on debtor's misrepresentations to creditor of co-ownership of partnership was nondischargeable.
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Consumer case opionion summary, case decided on September 29,2015, LexisNexis #1015-082

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