Dec
08
2022
J & M Supply of the Carolinas, LLC, In re
Ruling:
Debtor's turnover motion denied as debtor made no showing that the writ of execution hadbeen returned as unsatisfied. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on December 08,2022, LexisNexis #0223-013
Sep
20
2022
Harrison, In re
Ruling:
Automatic stay was inapplicable to corporation's amendment of articles of incorporation toauthorize the issuance of additional shares. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on September 20,2022, LexisNexis #1122-078
Aug
26
2022
Turnage, In re
Ruling:
Debtor could not be deprived of a homestead exemption to pay administrative expenses evenwhen a bankruptcy court found that a trustee had to incur over $500,000 in attorney's fees dueto the debtor's fraud. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on August 26,2022, LexisNexis #1022-091
Aug
23
2022
Croniser, In re
Ruling:
Debtor was required to place his share of the net sale proceeds into a trust for the benefit ofhis creditors as the debtor experienced a substantial and unanticipated change in his financialcondition. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 23,2022, LexisNexis #1022-093
Aug
12
2022
JTR1, LLC, In re--Shuford v. Etaros Actuarial Servs., LLC
Ruling:
Trustee could not step into the shoes of the appropriate creditor to invoke the Fair DebtCollection Practices Act to avoid and recover transfers. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on August 12,2022, LexisNexis #1022-012
Aug
05
2022
Randolph Hosp., Inc., In re--Robichaux v. Moses H. Cone Mem. Hosp. Operating Corp.
Ruling:
Plaintiff failed to state a preferential transfer claim as he did not adequately plead that thedebtor was balance sheet insolvent at any point during the one-year period before the petitiondate. (Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on August 05,2022, LexisNexis #0922-090
Jun
09
2022
Stokes, In re
Ruling:
Debtor was not entitled to turnover of a sailboat as creditor had a maritime lien over the vesselmaking it property of the estate until lien was fully established and paid. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on June 09,2022, LexisNexis #0822-061
May
05
2022
Hatu, In re--Angell v. Southco Distrib. Co.
Ruling:
Creditor could not pursue or assert new liens against property of bankruptcy estate without afurther order terminating the stay as to the estate as creditor never held a valid claim againstdebtor's wife. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on May 05,2022, LexisNexis #0722-011
Apr
22
2022
Portuesi, In re--Portuesi v. Bank of N.Y. Mellon
Ruling:
Defendant did not violate the codebtor stay as recording deed of trust was not an act tocollect a debt. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on April 22,2022, LexisNexis #0622-067
Feb
10
2022
Allen, In re
Ruling:
Bankruptcy court denied creditor's motion to dismiss case that was not filed in the propervenue and transferred the case to the proper venue as efficient administration and judicialeconomy favored transfer. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on February 10,2022, LexisNexis #0622-025
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