North Carolina

Kisielka, In re

Ruling: 
Debtor was not entitled to amend the means test and modify his plan as the original meanstest properly excluded his social security income and included his VA disability benefits.(Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on March 02,2022, LexisNexis #0422-092

Sheppard, In re--Nationwide Judgment Recovery, Inc. v. Sheppard

Ruling: 
Creditor's adversary proceeding seeking a determination that the debt was nondischargeablewas dismissed as did not allege that the debtor made false pretenses, a false representation, oractual fraud. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 25,2022, LexisNexis #0422-061

Sheppard, In re--Nationwide Judgment Recovery, Inc. v. Sheppard

Ruling: 
Creditor's complaint failed to state a claim upon which relief could be granted as it containedno allegations that the debtor's gain from participating in the scheme was fraudulent on hisbehalf. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 28,2022, LexisNexis #0422-062

Cosmos Granite Cent., In re--Cosmos Central Corp. v. ABTV Receivership Servs., LLC

Ruling: 
Bankruptcy court abstained from hearing and determining the case as the state court had along history with the case. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-049

Cook, In re

Ruling: 
Debtors could deduct their contractual mortgage payments from their monthly income todetermine their projected disposable income. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on January 04,2022, LexisNexis #0222-090

Short, In re

Ruling: 
Extension of deadline to object to discharge denied as trustee failed to take any steps toacquire the information regarding the debtor's assets and liabilities. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on November 30,2021, LexisNexis #0122-100

Wiles, In re--Simmons v. Wiles

Ruling: 
State court directed verdict awarding damages for injury from willful and intentional firing ofweapon was nondischargeable. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 13,2021, LexisNexis #1221-011

Swink, In re--Swink v. Fannie Mae

Ruling: 
Debtor's motion to dismiss granted in part as the debtor sufficiently alleged that defendantsfailed to properly credit payments during the prior bankruptcy case. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on October 12,2021, LexisNexis #1221-013

Lowry, In re--Apollo Medflight, LLC v. Lowry

Ruling: 
Debt was nondischargeable where creditor justifiably relied on the assurances of the debtor'ssister that the insurance check would be forwarded to the creditor upon receipt. (Bankr.E.D.N.C.)
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Consumer case opionion summary, case decided on October 05,2021, LexisNexis #1221-009

Ruling: 
Prosecution of asbestos claims stayed to prevent liquidation and recovery of claims outside ofthe bankruptcy process. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on August 23,2021, LexisNexis #1021-028

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