Judge Kahn

Portuesi, In re--Portuesi v. Bank of N.Y. Mellon Trust Co., N.A.

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.)
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Consumer case opionion summary, case decided on May 27,2021, LexisNexis #0721-066

Blue, In re

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.)
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Consumer case opionion summary, case decided on May 07,2021, LexisNexis #0721-044

Moore Props. of Person Cty., LLC, In re

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.)
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Commercial case opionion summary, case decided on February 28,2020, LexisNexis #0420-070

Etheridge, In re

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.)
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Consumer case opionion summary, case decided on December 10,2019, LexisNexis #0120-056

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

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