North Carolina

BK Racing, LLC, In re--Smith v. BK Racing, LLC

Ruling: 
Sanctions were imposed on the defendant in avoidance proceeding as she had continuallyfailed and refused to comply with discovery. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on January 02,2024, LexisNexis #0224-085

Chesney, In re

Ruling: 
Creditor's motion to lift stay for debtor’s failure to disclose income from role as a personalrepresentative denied where debtor had not yet received income. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on December 21,2023, LexisNexis #0224-051

Aldrich Pump LLC, In re

Ruling: 
Motion to dismiss was denied absent satisfaction of the objective futility prong of the Carolintest. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on December 28,2023, LexisNexis #0224-040

Maynor, In re

Ruling: 
Chapter 13 plan could not be confirmed as the debtor improperly sought to avoid notice andapproval of sale requirements by inserting a nonstandard provision asserting the debtor'sclaimed homestead property was not non-exempt. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on November 27,2023, LexisNexis #0124-092

Kennedy, In re

Ruling: 
Compensation for lender’s attorney's fees and expenses incurred in state court collectionaction allowed only in part. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on December 07,2023, LexisNexis #0124-080

Adams, In re

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.)
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Consumer case opionion summary, case decided on November 03,2023, LexisNexis #0124-049

Ballantyne Brands, LLC v. Weisehan

Ruling: 
Tax distributions paid legal liabilities owed by the company to defendants, were forreasonably equivalent value and could not be avoided. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on October 02,2023, LexisNexis #1223-010

Myatt, In re

Ruling: 
Debtor’s vested interest in former spouse’s 401(k) was excluded from her bankruptcy estatepursuant to ERISA's antialienation provision. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on September 06,2023, LexisNexis #1123-013

Sanders, In re--First Recovery, LLC v. Sanders

Ruling: 
Debt was nondischargeable where one plaintiff justifiably relied on the representations madeby defendant in facilitating the company's sale. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on August 31,2023, LexisNexis #1023-084

Grayson O Co., In re

Ruling: 
Debtor's motion to transfer was denied as it would serve neither the interests of justice nor theconvenience of the parties. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on July 31,2023, LexisNexis #1023-021

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