North Carolina

Coder Foundry, LLC, In re

Ruling: 
State court derivative action was not a violation of the automatic stay as neither of the claims asserted in the derivative action were property of the bankruptcy estate. (Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on August 01,2018, LexisNexis #0918-037

Yow, In re

Ruling: 
Court approved trustee's motion seeking authority to sell only the debtor's bare economic interests in the LLCs. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-098

Stiletto Mfg., In re

Ruling: 
Court held that there was no executory contract for the debtor to reject or assume where both the original agreement and the modified agreement were executed in the ordinary course of the debtor's business. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on July 19,2018, LexisNexis #0818-099

Guy, In re

Ruling: 
Motion for relief from the automatic stay so debtor's sister could pursue a judicial partitionby sale under state law of property was denied as releasing the property from the protectionof the court is not in the estate's best interest. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on July 10,2018, LexisNexis #0818-065

Caswell, In re

Ruling: 
Motion to dismiss amended complaint denied in part where plaintiffs' failure to name the real party in interest was neither tactical nor dishonest and did not subject defendants to additional liability. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on July 02,2018, LexisNexis #0818-060

CHL, LLC, In re

Ruling: 
Amended plan was not confirmable as it was not fair and equitable. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on June 14,2018, LexisNexis #0718-085

Helmeid, In re

Ruling: 
Modification that reduced amount of secured claim was impermissible. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on May 22,2018, LexisNexis #0618-115

Belding-Miller, In re

Ruling: 
Creditor was sanctioned for willful violations of the discharge injunction where he sued thedebtor in state court to recover the debt after debtor declared chapter 7 bankruptcy andreceived a discharge. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on May 10,2018, LexisNexis #0618-050

Yahweh Ctr., In re

Ruling: 
Trustee's motion seeking interpretation and construction of the debtor's plan was allowed asthe AP Deadline did not apply to bar causes of action the trustee asserted on behalf of thedebtor's estate. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on May 04,2018, LexisNexis #0618-021

Parrish, In re

Ruling: 
Court deemed individual shared responsibility payment that was imposed for failure to obtain health insurance under the Affordable Care Act as a penalty and was therefore not entitled to priority status. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on April 06,2018, LexisNexis #0518-037

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