Feb
25
2022
Sheppard, In re--Nationwide Judgment Recovery, Inc. v. Sheppard
Ruling:
Creditor's adversary proceeding seeking a determination that the debt was nondischargeablewas dismissed as did not allege that the debtor made false pretenses, a false representation, oractual fraud. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 25,2022, LexisNexis #0422-061
Feb
28
2022
Sheppard, In re--Nationwide Judgment Recovery, Inc. v. Sheppard
Ruling:
Creditor's complaint failed to state a claim upon which relief could be granted as it containedno allegations that the debtor's gain from participating in the scheme was fraudulent on hisbehalf. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 28,2022, LexisNexis #0422-062
Jan
04
2022
Cook, In re
Ruling:
Debtors could deduct their contractual mortgage payments from their monthly income todetermine their projected disposable income. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on January 04,2022, LexisNexis #0222-090
Oct
13
2021
Wiles, In re--Simmons v. Wiles
Ruling:
State court directed verdict awarding damages for injury from willful and intentional firing ofweapon was nondischargeable. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 13,2021, LexisNexis #1221-011
Oct
05
2021
Lowry, In re--Apollo Medflight, LLC v. Lowry
Ruling:
Debt was nondischargeable where creditor justifiably relied on the assurances of the debtor'ssister that the insurance check would be forwarded to the creditor upon receipt. (Bankr.E.D.N.C.)
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Consumer case opionion summary, case decided on October 05,2021, LexisNexis #1221-009
Aug
27
2021
Scott, In re--Crampton v. Scott
Ruling:
Transfer was constructively fraudulent because debtor was insolvent at the time of the transferor became insolvent as a result of the transfer. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 27,2021, LexisNexis #1021-042
Aug
20
2021
U.S. Tobacco Coop., Inc., In re
Ruling:
Appointment of official special committee for certified class action plaintiffs was deniedsince the class was adequately represented. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on August 20,2021, LexisNexis #1021-013
Aug
13
2021
Amjed Faraj Hatu, In re--Angell v. Southco Distrib. Co.
Ruling:
Plaintiffs were not held to the particularity standard as fraudulent conduct was not at issueand the complaint sufficiently pled the claims. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 13,2021, LexisNexis #0921-093
Aug
02
2021
Borca, In re
Ruling:
Trustee's motion to modify plan was allowed because sufficient grounds existed to increasedebtors' plan payments in accordance with their increased ability to repay creditors. (Bankr.E.D.N.C.)
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Consumer case opionion summary, case decided on August 02,2021, LexisNexis #0921-072
Aug
05
2021
Palczuk, In re--Palczuk v. Conway
Ruling:
Defendants ordered to pay sanction for violating the discharge injunction by continuing topursue alleged securities claims that were unsuccessful in state court. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 05,2021, LexisNexis #0921-052
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