North Carolina

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

Hayes, In re

Ruling: 
Court denied proposed plan modification as it was not in the best interest of the unsecuredcreditors. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 05,2018, LexisNexis #0318-083

Ripley, In re

Ruling: 
Court allowed trustee's motion to modify chapter 13 plan as increasing the amount ofpayments to the unsecured class was a permissible reason for modification. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 06,2018, LexisNexis #0318-087

RainTree Healthcare of Forsyth LLC, In re

Ruling: 
Bankruptcy Administrator's motion to dismiss debtor's case granted as liquidation wouldlikely produce little to no benefit to creditors and the estate. (Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on February 07,2018, LexisNexis #0318-081

Young, In re--Lanik v. Young

Ruling: 
Trustee's motion seeking avoidance of a transfer denied as trustee failed to prove that a transfer of an undivided interest in a parcel of real estate constituted a constructive fraudulent transfer. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on January 17,2018, LexisNexis #0218-101

Edwards, In re

Ruling: 
In order to properly confirm a chapter 13 bankruptcy plan, the proper replacement value mustbe declared in the amended plan. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on December 29,2017, LexisNexis #0218-029

Jacobs, In re--Gray Layton Kersh Solomon Furr & Smith, P.A. v. Jacobs

Ruling: 
Court dismissed the adversary proceeding with prejudice as plaintiff failed to show thatdebtor committed actual fraud or made a fraudulent misrepresentation to the company.(Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on December 28,2017, LexisNexis #0218-018

Stockwell, In re

Ruling: 
Debtor's third and fourth bankruptcy cases dismissed for bad faith. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on December 21,2017, LexisNexis #0118-111

Woody, In re

Ruling: 
Debtor's case dismissed as it was filed in response to a creditor's arbitration proceeding. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on December 08,2017, LexisNexis #0118-051

Young, In re--Miller v. Young

Ruling: 
Debtors were ineligible to have their debts discharged for hiring a company to auctionpersonal property without the court's permission. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on November 28,2017, LexisNexis #0118-026

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