North Carolina

Peterson, In re--Evapco, Inc. v. Peterson

Ruling: 
Court denied plaintiffs' motion for partial summary judgment on their objection to a chapter7 debtor's discharge for making false oaths and accounts because factual questions remained.(Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on November 06,2018, LexisNexis #1218-081

Halatek, In re--Halatek v. William D. Ford Fed. Direct Loan (Direct Loan) Program

Ruling: 
Debtor's indebtedness to the DOE for educational loans was nondischargeable as she was employed and had the ability to make payments while maintaining a minimal standard of living. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-047

C & M Invs. of High Point Inc., In re

Ruling: 
Claims dismissed as court did not have subject matter jurisdiction over claims regarding theassignment of intellectual property to LLC. (Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on September 04,2018, LexisNexis #1018-087

Randle, In re--Randle v. Saga Auto Sales, Inc.

Ruling: 
Debtors' claims for relief dismissed as they violated chapter 75 of the North Carolina generalstatutes and defendant did not fall within the federal debt collection practices act definitionof a debt collector. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-065

Smith, In re--Smith v. Smith

Ruling: 
Court found that the state court's order directing the debtor to pay his ex-wife from his 401(k) plan was a nondischargeable domestic support obligation as debtor was primary source of income for his family and his wife was not likely to earn more than the minimum wage. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-044

C & M Invs. of High Point Inc., In re--Northen v. MDC Innovations, LLC

Ruling: 
Claims regarding the assignment of intellectual property to non-debtor companies did notarise "under" or "in" title 11 as they asserted state law causes of action which wereindependent of the bankruptcy filing and the companies were not debtors before the court.(Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on August 21,2018, LexisNexis #1018-026

McCowan, In re

Ruling: 
Trustee's objection to debtor's homestead exemption overruled where debtor's reliance on abank's erroneous representation that it had a lien on the property constituted excusableneglect. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-029

McCowan, In re

Ruling: 
Trustee's objection to claim contesting the secured status of a bank was allowed as trustee canassert his strong-arm rights under § 544 defensively without being bound by the timerestrictions found in § 546. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-018

C & M Invs. of High Point Inc., In re--Northen v. MDC Innovations, LLC

Ruling: 
Claims regarding the assignment of intellectual property to non-debtor companies did notarise "under" or "in" title 11 as they asserted state law causes of action which wereindependent of the bankruptcy filing and the companies were not debtors before the court.(Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on August 21,2018, LexisNexis #1018-026

McCowan, In re

Ruling: 
Trustee's objection to debtor's homestead exemption overruled where debtor's reliance on abank's erroneous representation that it had a lien on the property constituted excusableneglect. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-029

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