4th Circuit

Lansdowne Constr., In re

Ruling: 
Court rejected creditor's defense that payment was not a preference because it was by jointcheck, as there was not an enforceable, non-avoidable, joint check agreement. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on February 21,2020, LexisNexis #0420-018

Willner, In re

Ruling: 
Debtor was not eligible for Chapter 13 as his secured debt exceeded the 11 U.S.C. § 109(e)limit. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-004

Morris, In re

Ruling: 
Credit union did not violate the discharge injunction by filing a collection suit as it did nothave notice of debtor's bankruptcy case or discharge. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-016

Medlin, In re

Ruling: 
Chapter 13 debtor was within the debt limit set by § 109(e) once contingent claim wasexcluded from calculation. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 13,2020, LexisNexis #0320-075

Toys "r" Us, In re

Ruling: 
Motion for dismissal of turnover proceeding denied where plaintiff adequately stated a claimfor relief by alleging that debt had matured and amount was due in a set amount. (Bankr. E.D.Va.)
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Commercial case opionion summary, case decided on January 28,2020, LexisNexis #0320-037

Williams, In re--Williams v. CitiFinancial Servicing LLC

Ruling: 
Motion to dismiss stay and discharge violation claims denied as creditor mortgage servicers’actions with regard to misapplied payments constitute violations of the discharge injunctionand automatic stay. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on January 24,2020, LexisNexis #0320-010

Harispe, In re

Ruling: 
Trustee was entitled to summary judgment on avoidance claim as she established theexistence of a prejudiced creditor at the time of debtor's transfer of real property. (Bankr. D.Md.)
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Consumer case opionion summary, case decided on January 14,2020, LexisNexis #0220-065

Medlin, In re--Beabout v. Medlin

Ruling: 
Debt was dischargeable where creditors were not the victims of debtor's fraud. (Bankr.E.D.N.C.)
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Consumer case opionion summary, case decided on December 16,2019, LexisNexis #0120-085

Nimitz, In re

Ruling: 
Creditor violated the automatic stay for failure to release a garnishment upon the filing ofdebtor's bankruptcy petition. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on December 11,2019, LexisNexis #0120-076

Dale, In re

Ruling: 
Motion to convert Chapter 7 case to Chapter 13 was denied as debtor currently do not haveregular income sufficient to propose a viable plan. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on December 09,2019, LexisNexis #0120-068

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