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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Court
:
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
:
- 11 U.S.C.
Young, In re--Miller v. Young
Nov
28
2017
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.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.
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Court
:
In re Griffin
Jan
04
2017
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.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.
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Court
:
Conti v. Coastal Warranty, LLC (In re NC & VA Warranty Co.)
Aug
18
2016
Ruling
Prepetition transfers to re-insurer were avoidable as preferential. (Bankr. M.D.N.C.)
Issue(s)
Should debtor’s prepetition transfers to re-insurer be avoided as preferential?
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Court
:
- 11 U.S.C.
Nightingale v. N.C. State Educ. Assistance Auth. (In re Nightingale)
Apr
14
2016
Ruling
Disabled debtor whose condition was unlikely to change granted undue hardship discharge of student loan debt.
Issue(s)
Was disabled debtor entitled to an undue hardship discharge of student loan debt?
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Court
:
- 11 U.S.C.
In re Highsmith
Dec
31
2015
Ruling
Garnishments by state and county agencies violated the automatic stay and were grounds for sanctions.
Issue(s)
Should state and county social service agencies be sanctioned for garnishments that violated that automatic stay?
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Court
:
- 11 U.S.C.
Kaczkowski v. Dovan (In re Dovan)
Sep
29
2015
Ruling
Debt based on debtor's misrepresentations to creditor of co-ownership of partnership was nondischargeable.
Issue(s)
Was a prepetition judgment for fraud based upon a jury verdict nondischargeable?
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Court
: