- 11 U.S.C.
Gabriel Custom Homes, LLC, In re
Sep
30
2024
Ruling
Bankruptcy court denied creditor's motion for relief from an automatic stay of foreclose proceedings as there where factual issues as to whether the property was the debtor's domicile and whether a scheme had occurred to hinder or defraud the creditor. (Bankr. W.D.N.C.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property.
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Court
:
- 11 U.S.C.
Pli Y Hmok, In re
Jun
24
2024
Ruling
Postpetition sale that resulted in the termination of a tenancy by the entirety extinguished anyexemption created by the Bankruptcy Code in the proceeds. (Bankr. W.D.N.C.)
Issue(s)
Property of the Estate.
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Lyle, In re
Jun
21
2024
Ruling
Unsecured creditor that committed the intentional act of mailing invoices with the imputedknowledge of the stay was subject to appropriate damages. (Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Scope.
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Wireless Sys. Solutions LLC, In re
Jun
21
2024
Ruling
Bankruptcy court declined to hold the assignee's in contempt as debtor LLC did not show itsuffered harm tied to the bankruptcy case as a direct result of the assignees’ stay violation.(Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Scope.
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Dupree Farms, LLC v. Producers Agric. Ins. Co. (Dupree Farms, LLC)
Jun
06
2024
Ruling
Bankruptcy court exercised post-confirmation "related to" jurisdiction over adversaryproceeding based on a close nexus to the underlying bankruptcy case. (Bankr. E.D.N.C.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In
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Court
:
- 11 U.S.C.
Rogers, In re
Apr
11
2024
Ruling
Debtor was only required to commit the debtor's projected disposable income to the fundingof the Chapter 13 plan. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Objections; Considerations on Objection By Trustee or
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Court
:
- 28 U.S.C.
Emiabata, In re
Mar
12
2024
Ruling
Debtors' attested financial position did not reflect a level of poverty warranting in formapauperis status. (Bankr. E.D.N.C.)
Issue(s)
Proceedings in forma pauperis.
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Court
:
- 11 U.S.C.
BK Racing, LLC, In re--Smith v. BK Racing, LLC
Jan
02
2024
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.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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Kennedy, In re
Dec
07
2023
Ruling
Compensation for lender’s attorney's fees and expenses incurred in state court collectionaction allowed only in part. (Bankr. W.D.N.C.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
:
- 11 U.S.C.
Maynor, In re
Nov
27
2023
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.)
Issue(s)
Effect of Confirmation.
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Court
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