- 11 U.S.C.
Fall Creek One, LLC, In re
May
09
2025
Ruling
Court valued creditor’s secured claim based on debtor’s income projections and intended use of property for short-term rentals. (Bankr. M.D.N.C.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.
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- 11 U.S.C.
Wells, In re
May
07
2025
Ruling
For an informal proof of claim to exist, the creditor must have taken some affirmative action in the bankruptcy case before the claims deadline to provide notice of the claim and intent to hold the estate liable. (Bankr. M.D.N.C.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Proof of Claim not Timely Filed.
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Hughes, In re--Hughes v. MTGLQ Invs., LP
Dec
27
2024
Ruling
Reactivating reformation action and instituting foreclosure proceedings did not violate the discharge injunction as these actions sought to enforce creditors' in rem rights. (Bankr. M.D.N.C.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.
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Schamens, In re--Cournoyer v. Schamens
Dec
13
2024
Ruling
Court declined to stay proceeding seeking denial of discharge pending resolution of prepetition criminal case as there was a lack of substantial similarity between the issues raised in the two proceedings. (Bankr. M.D.N.C.)
Issue(s)
Discharge; Grounds for Denial.
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Adams, In re
Nov
03
2023
Ruling
Modification of debtor's confirmed plan to require turnover of net proceeds of theunanticipated sale of debtor's property above the exemption amount was permitted. (Bankr.M.D.N.C.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.
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Court
:
- 11 U.S.C.
Portuesi, In re--Portuesi v. Bank of N.Y. Mellon
Apr
22
2022
Ruling
Defendant did not violate the codebtor stay as recording deed of trust was not an act tocollect a debt. (Bankr. M.D.N.C.)
Issue(s)
Stay of Action Against Codebtor.
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:
- 11 U.S.C.
Portuesi, In re--Portuesi v. Bank of N.Y. Mellon Trust Co., N.A.
May
27
2021
Ruling
Dismissal denied as the trustee failed to carry the burden of proving by a preponderance ofthe evidence that cause existed to convert or dismiss the case. (Bankr. M.D.N.C.)
Issue(s)
Stay of Action Against Codebtor.
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- 11 U.S.C.
Blue, In re
May
07
2021
Ruling
Debtor IT consultant met her burden to establish that she was eligible to elect application ofsubchapter V as she was engaged in commercial or business activities. (Bankr. M.D.N.C.)
Issue(s)
Definitions; Debtor; Persons Included.
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:
- 11 U.S.C.
Moore Props. of Person Cty., LLC, In re
Feb
28
2020
Ruling
Debtor whose case was pending on effective date of Small Business Reorganization Act of2019 and qualified under the act could elect to proceed under subchapter V. (Bankr. M.D.N.C.)
Issue(s)
Confirmation of plan
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:
- 11 U.S.C.
Etheridge, In re
Dec
10
2019
Ruling
Court did not need to determine the amount of any fees as the fee application would bedenied as a result of the attorney's violations. (Bankr. M.D.N.C.)
Issue(s)
Compensation of Officers.
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