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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Court
:
- 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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Court
:
- 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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Court
:
- 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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Court
:
- 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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Caswell, In re
Jul
02
2018
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.)
Issue(s)
Determination of Dischargeability of a Debt; Persons Entitled to File Complaint.
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Court
:
- 11 U.S.C.
RainTree Healthcare of Forsyth LLC, In re
Feb
07
2018
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.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; When Required.
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Court
:
- 11 U.S.C.
Young, In re--Lanik v. Young
Jan
17
2018
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.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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Woody, In re
Dec
08
2017
Ruling
Debtor's case dismissed as it was filed in response to a creditor's arbitration proceeding. (Bankr. M.D.N.C.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
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Court
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