Eastern District

Sugar, In re

Ruling: 
Chapter 13 case was subject to discharge due to debtor's unauthorized transfer of property, which was indicative of bad faith. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 10,2023, LexisNexis #0423-042

J & M Supply of the Carolinas, LLC, In re

Ruling: 
Debtor's turnover motion denied as debtor made no showing that the writ of execution hadbeen returned as unsatisfied. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on December 08,2022, LexisNexis #0223-013

Harrison, In re

Ruling: 
Automatic stay was inapplicable to corporation's amendment of articles of incorporation toauthorize the issuance of additional shares. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on September 20,2022, LexisNexis #1122-078

Croniser, In re

Ruling: 
Debtor was required to place his share of the net sale proceeds into a trust for the benefit ofhis creditors as the debtor experienced a substantial and unanticipated change in his financialcondition. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 23,2022, LexisNexis #1022-093

Stokes, In re

Ruling: 
Debtor was not entitled to turnover of a sailboat as creditor had a maritime lien over the vesselmaking it property of the estate until lien was fully established and paid. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on June 09,2022, LexisNexis #0822-061

Hatu, In re--Angell v. Southco Distrib. Co.

Ruling: 
Creditor could not pursue or assert new liens against property of bankruptcy estate without afurther order terminating the stay as to the estate as creditor never held a valid claim againstdebtor's wife. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on May 05,2022, LexisNexis #0722-011

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

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

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

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

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