North Carolina

Helmeid, In re

Ruling: 
Modification that reduced amount of secured claim was impermissible. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on May 22,2018, LexisNexis #0618-115

Belding-Miller, In re

Ruling: 
Creditor was sanctioned for willful violations of the discharge injunction where he sued thedebtor in state court to recover the debt after debtor declared chapter 7 bankruptcy andreceived a discharge. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on May 10,2018, LexisNexis #0618-050

Yahweh Ctr., In re

Ruling: 
Trustee's motion seeking interpretation and construction of the debtor's plan was allowed asthe AP Deadline did not apply to bar causes of action the trustee asserted on behalf of thedebtor's estate. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on May 04,2018, LexisNexis #0618-021

Parrish, In re

Ruling: 
Court deemed individual shared responsibility payment that was imposed for failure to obtain health insurance under the Affordable Care Act as a penalty and was therefore not entitled to priority status. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on April 06,2018, LexisNexis #0518-037

Hayes, In re

Ruling: 
Court denied proposed plan modification as it was not in the best interest of the unsecuredcreditors. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 05,2018, LexisNexis #0318-083

Ripley, In re

Ruling: 
Court allowed trustee's motion to modify chapter 13 plan as increasing the amount ofpayments to the unsecured class was a permissible reason for modification. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 06,2018, LexisNexis #0318-087

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

Edwards, In re

Ruling: 
In order to properly confirm a chapter 13 bankruptcy plan, the proper replacement value mustbe declared in the amended plan. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on December 29,2017, LexisNexis #0218-029

Jacobs, In re--Gray Layton Kersh Solomon Furr & Smith, P.A. v. Jacobs

Ruling: 
Court dismissed the adversary proceeding with prejudice as plaintiff failed to show thatdebtor committed actual fraud or made a fraudulent misrepresentation to the company.(Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on December 28,2017, LexisNexis #0218-018

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