North Carolina

Hollan, In re--Lynch v. Hollan

Ruling: 
Discharge denied as debtor failed to keep and preserve adequate financial records. (Bankr.E.D.N.C.)
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Consumer case opionion summary, case decided on April 02,2021, LexisNexis #0521-069

Hock, In re--Hock v. Dep't of Educ.

Ruling: 
Student loan debt was nondischargeable as debtor did not prove that based on currentincome and expenses, she could not repay her student loans and maintain a minimalstandard of living. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on March 17,2021, LexisNexis #0521-008

Harrison, In re--Harden v. Harrison

Ruling: 
Change of beneficiary on life insurance policy was not a fraudulent transfer. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 22,2021, LexisNexis #0421-013

James, In re--James v. Select Portfolio Servicing, Inc.

Ruling: 
Factors strongly favored permissive abstention where debtor had already received adischarge, bankruptcy estate had been fully administered and the foreclosure proceedingwas commenced prior to her bankruptcy filing. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on October 23,2020, LexisNexis #0121-047

North Carolina New Sch. Inc., In re

Ruling: 
Court sustained trustee's objection to creditor's claim that was received by the clerk's officeone day after the deadline because the mailbox presumption did not apply to the filing of aproof of claim under Rule 3002(c). (Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on October 26,2020, LexisNexis #0121-048

Zagaroli, In re--Mitchell v. Zagaroli

Ruling: 
Trustee could step into the shoes of the IRS to avoid pre-petition transfers under state uniformvoidable transactions law. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on November 03,2020, LexisNexis #1220-065

Roberson, In re

Ruling: 
Motion for proposed private sales denied where approval of a sale of property under § 1206 isheld exclusively by the chapter 12 trustee. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-047

Whitfield, In re

Ruling: 
Motion to modify the debtor's Chapter 13 plan was allowed as trust proceeds receivedfollowing death of debtor’s mother were properly included in the bankruptcy estate. (Bankr.E.D.N.C.)
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Consumer case opionion summary, case decided on October 16,2020, LexisNexis #1220-021

Floyd, In re

Ruling: 
Authorization for pre-confirmation payment of prepetition tax debt denied absentsufficient business reason to bypass the usual confirmation procedure. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 20,2020, LexisNexis #1220-005

Keane, In re

Ruling: 
Debtor's landlord late-filed claim allowed subject to subordination to timely filed claims.(Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 14,2020, LexisNexis #1220-007

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