- 11 U.S.C.
Williams Land Clearing, Grading, & Timber Logging, LLC, In re--Williams Land Clearing, Grading, & Timber Logging, LLC v. Apex Funding Source LLC
May
16
2025
Ruling
Payment directly to creditor of receivable owed to debtor was avoidable as it allowed creditor to receive more than it would have in a Chapter 7 case. (Bankr. E.D.N.C.)
Issue(s)
Preferences.
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Court
:
- 11 U.S.C.
Sliwinski, In re--Sliwinski v. Sliwinski
Mar
10
2025
Ruling
Chapter 13 debtor lacks standing to sell property under Section 363(h). (Bankr. E.D.N.C.)
Issue(s)
Rights and Powers of Debtor.
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Court
:
- 26 U.S.C.
Ray, In re
Jan
15
2025
Ruling
IRS willfully violated discharge injunction but debtor had to exhaust administrative remedies before seeking damages in bankruptcy. (Bankr. W.D.N.C.)
Issue(s)
Effect of Discharge.
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Court
:
- 11 U.S.C.
Brooks, In re
Dec
20
2024
Ruling
Debtor's proposed plan to pay a mortgage claim at Till rate of interest denied as the claim was secured only by the debtor's principal residence and the contract rate could not be modified. (Bankr. W.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.
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Court
:
- 11 U.S.C.
Green, In re
Nov
13
2024
Ruling
Confirmation of debtor's amended Chapter 13 plan was warranted as the debtor had a statutory right to amend the plan before confirmation. (Bankr. W.D.N.C.)
Issue(s)
Modification of Plan Before Confirmation.
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Court
:
- 11 U.S.C.
Lamb, In re
Oct
22
2024
Ruling
Debtors' testimony alone, without a rational basis for the stated value, was insufficient to meet the burden of proof on valuation for purposes of cram down. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.
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Court
:
- 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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Court
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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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Court
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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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Court
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