Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

Eastern District

Steele, In re--Swift Fin. Corp. v. Steele

Ruling: 
Debt was dischargeable as creditor failed to show embezzlement given uncontradictedevidence in debtor’s favor. (Bankr. E.D.N.C.)
ABI Membership is required to access the full summary of Steele, In re--Swift Fin. Corp. v. Steele. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 08,2019, LexisNexis #1019-034

Parhelion Inc., In re--Akil Mgmt. Servs. B.V. v. Parhelion Inc.

Ruling: 
Court had no subject jurisdiction over instant adversary proceeding where its related tojurisdiction was lost with the dismissal of the debtor from the action. (Bankr. E.D.N.C.)
ABI Membership is required to access the full summary of Parhelion Inc., In re--Akil Mgmt. Servs. B.V. v. Parhelion Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 06,2019, LexisNexis #1019-024

Thomas, In re

Ruling: 
Debts owed to former spouse pursuant to separation agreement were not nondischargeabledebts as there was no indemnification or hold harmless provision in agreement. (Bankr.E.D.N.C.)
ABI Membership is required to access the full summary of Thomas, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 28,2019, LexisNexis #0819-088

Robert L. Dawson Farms, In re

Ruling: 
Motion to dismiss claim denied where borrower held no cause of action under § 547(b) againstlender to which debtor could succeed as the surviving entity to the merger. (Bankr. E.D.N.C.)
ABI Membership is required to access the full summary of Robert L. Dawson Farms, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 20,2019, LexisNexis #0819-012

Hamilton-Gaertner, In re

Ruling: 
Debtor's Chapter 11 plan confirmed as it was neither proposed in bad faith nor infeasible.(Bankr. E.D.N.C.)
ABI Membership is required to access the full summary of Hamilton-Gaertner, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 01,2019, LexisNexis #0719-071

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.)
ABI Membership is required to access the full summary of Batten, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 22,2019, LexisNexis #0319-084

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.)
ABI Membership is required to access the full summary of Yahweh Ctr., Inc., In re--Cook v. Roberts. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 22,2019, LexisNexis #0519-068

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.)
ABI Membership is required to access the full summary of Parker, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 19,2018, LexisNexis #0219-053

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.)
ABI Membership is required to access the full summary of Halatek, In re--Halatek v. William D. Ford Fed. Direct Loan (Direct Loan) Program. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-047

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.)
ABI Membership is required to access the full summary of McCowan, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-029

Pages

Subscribe to Eastern District