North Carolina

Hunter, In re

Ruling: 
Debtor's motion to convert case to Chapter 11 denied where his primary motive for conversionwas indicative of bad faith as he was in effect asking to shift the risk of unsuccessful litigationto his creditors. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on February 19,2019, LexisNexis #0419-019

Batten, In re

Ruling: 
Chapter 13 debtor did not have independent standing to assert a trustee's avoidance powersunder Chapter 5 of the bankruptcy code. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 22,2019, LexisNexis #0319-084

BK Racing, LLC, In re

Ruling: 
Trustee was not required to pay an invoice which was not due and payable at the time ofdebtor's charter sale. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on February 14,2019, LexisNexis #0319-079

Wilson, In re

Ruling: 
Bankruptcy petition preparer violated numerous provisions by failing to sign documents andprovide notice to the debtor of his role and his fees. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on February 20,2019, LexisNexis #0319-074

Yahweh Ctr., Inc., In re--Cook v. Roberts

Ruling: 
Complaint in avoidance proceeding was dismissed as it failed to allege facts that couldestablish that debtor paid fees to the bank with the intent to hinder, delay, or defraud the IRS.(Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on March 22,2019, LexisNexis #0519-068

Schletter Inc., In re

Ruling: 
Court requested limited withdrawal of reference of proceedings related to creditor's failure tocomply with court orders. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on January 07,2019, LexisNexis #0319-045

Parker, In re

Ruling: 
Court allowed pre-petition default interest as debtors had not demonstrated thatunconscionability was a defense to default interest under state law. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on December 19,2018, LexisNexis #0219-053

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

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