Aug
08
2019
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.)
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Consumer case opionion summary, case decided on August 08,2019, LexisNexis #1019-034
Aug
06
2019
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.)
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Commercial case opionion summary, case decided on August 06,2019, LexisNexis #1019-024
Jun
28
2019
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.)
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Consumer case opionion summary, case decided on June 28,2019, LexisNexis #0819-088
May
20
2019
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.)
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Commercial case opionion summary, case decided on May 20,2019, LexisNexis #0819-012
May
01
2019
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.)
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Consumer case opionion summary, case decided on May 01,2019, LexisNexis #0719-071
Feb
22
2019
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
Mar
22
2019
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
Dec
19
2018
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
Sep
28
2018
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
Aug
22
2018
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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