North Carolina

Richmond, In re

Ruling: 
Dismissal of a Chapter 13 case was affirmed where there was no clear error in finding thatdebtor filed his petition in bad faith. (7th Cir.)
Court: ( ) [ Bankruptcy Court ]
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Consumer case opionion summary, case decided on June 20,2019, LexisNexis #0819-086

Thomas, In re

Ruling: 
Debts owed to former spouse pursuant to separation agreement were not nondischargeabledebts as there was no indemnification or hold harmless provision in agreement. (Bankr.E.D.N.C.)
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Consumer case opionion summary, case decided on June 28,2019, LexisNexis #0819-088

Robert L. Dawson Farms, In re

Ruling: 
Motion to dismiss claim denied where borrower held no cause of action under § 547(b) againstlender to which debtor could succeed as the surviving entity to the merger. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on May 20,2019, LexisNexis #0819-012

Hamilton-Gaertner, In re

Ruling: 
Debtor's Chapter 11 plan confirmed as it was neither proposed in bad faith nor infeasible.(Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on May 01,2019, LexisNexis #0719-071

Hunter, In re

Ruling: 
Debtor's motion to convert case to Chapter 11 denied where his primary motive for conversionwas indicative of bad faith as he was in effect asking to shift the risk of unsuccessful litigationto his creditors. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on February 19,2019, LexisNexis #0419-019

BK Racing, LLC, In re

Ruling: 
Trustee was not required to pay an invoice which was not due and payable at the time ofdebtor's charter sale. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on February 14,2019, LexisNexis #0319-079

Batten, In re

Ruling: 
Chapter 13 debtor did not have independent standing to assert a trustee's avoidance powersunder Chapter 5 of the bankruptcy code. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 22,2019, LexisNexis #0319-084

Wilson, In re

Ruling: 
Bankruptcy petition preparer violated numerous provisions by failing to sign documents andprovide notice to the debtor of his role and his fees. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on February 20,2019, LexisNexis #0319-074

Yahweh Ctr., Inc., In re--Cook v. Roberts

Ruling: 
Complaint in avoidance proceeding was dismissed as it failed to allege facts that couldestablish that debtor paid fees to the bank with the intent to hinder, delay, or defraud the IRS.(Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on March 22,2019, LexisNexis #0519-068

Schletter Inc., In re

Ruling: 
Court requested limited withdrawal of reference of proceedings related to creditor's failure tocomply with court orders. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on January 07,2019, LexisNexis #0319-045

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