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North Carolina

Conklin, In re--Juber v. Conklin

Ruling: 
Oral loan debt was dischargeable as it was neither extended as nor intended to be aneducational loan. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on August 26,2019, LexisNexis #1019-089

Steele, In re--Swift Fin. Corp. v. Steele

Ruling: 
Debt was dischargeable as creditor failed to show embezzlement given uncontradictedevidence in debtor’s favor. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 08,2019, LexisNexis #1019-034

Parhelion Inc., In re--Akil Mgmt. Servs. B.V. v. Parhelion Inc.

Ruling: 
Court had no subject jurisdiction over instant adversary proceeding where its related tojurisdiction was lost with the dismissal of the debtor from the action. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on August 06,2019, LexisNexis #1019-024

Bestwall LLC, In re

Ruling: 
Dismissal of debtor's Chapter 11 case was not appropriate as debtor had sufficient assets tomeet obligations and continue as a growing concern. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on July 29,2019, LexisNexis #0919-093

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

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

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