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
Aug
24
2018
McCowan, In re
Ruling:
Trustee's objection to claim contesting the secured status of a bank was allowed as trustee canassert his strong-arm rights under § 544 defensively without being bound by the timerestrictions found in § 546. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-018
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
Aug
24
2018
McCowan, In re
Ruling:
Trustee's objection to claim contesting the secured status of a bank was allowed as trustee canassert his strong-arm rights under § 544 defensively without being bound by the timerestrictions found in § 546. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-018
Jul
19
2018
Yow, In re
Ruling:
Court approved trustee's motion seeking authority to sell only the debtor's bare economic interests in the LLCs. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-098
Jul
19
2018
Stiletto Mfg., In re
Ruling:
Court held that there was no executory contract for the debtor to reject or assume where both the original agreement and the modified agreement were executed in the ordinary course of the debtor's business. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on July 19,2018, LexisNexis #0818-099
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