- 11 U.S.C.
Williams Land Clearing, Grading, & Timber Logging, LLC, In re--Williams Land Clearing, Grading, & Timber Logging, LLC v. Apex Funding Source LLC
May
16
2025
Ruling
Payment directly to creditor of receivable owed to debtor was avoidable as it allowed creditor to receive more than it would have in a Chapter 7 case. (Bankr. E.D.N.C.)
Issue(s)
Preferences.
ABI Membership is required to access the full summary of Williams Land Clearing, Grading, & Timber Logging, LLC, In re--Williams Land Clearing, Grading, & Timber Logging, LLC v. Apex Funding Source LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sliwinski, In re--Sliwinski v. Sliwinski
Mar
10
2025
Ruling
Chapter 13 debtor lacks standing to sell property under Section 363(h). (Bankr. E.D.N.C.)
Issue(s)
Rights and Powers of Debtor.
ABI Membership is required to access the full summary of Sliwinski, In re--Sliwinski v. Sliwinski Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Lamb, In re
Oct
22
2024
Ruling
Debtors' testimony alone, without a rational basis for the stated value, was insufficient to meet the burden of proof on valuation for purposes of cram down. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.
ABI Membership is required to access the full summary of Lamb, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Lyle, In re
Jun
21
2024
Ruling
Unsecured creditor that committed the intentional act of mailing invoices with the imputedknowledge of the stay was subject to appropriate damages. (Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Scope.
ABI Membership is required to access the full summary of Lyle, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Wireless Sys. Solutions LLC, In re
Jun
21
2024
Ruling
Bankruptcy court declined to hold the assignee's in contempt as debtor LLC did not show itsuffered harm tied to the bankruptcy case as a direct result of the assignees’ stay violation.(Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Scope.
ABI Membership is required to access the full summary of Wireless Sys. Solutions LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Dupree Farms, LLC v. Producers Agric. Ins. Co. (Dupree Farms, LLC)
Jun
06
2024
Ruling
Bankruptcy court exercised post-confirmation "related to" jurisdiction over adversaryproceeding based on a close nexus to the underlying bankruptcy case. (Bankr. E.D.N.C.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In
ABI Membership is required to access the full summary of Dupree Farms, LLC v. Producers Agric. Ins. Co. (Dupree Farms, LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rogers, In re
Apr
11
2024
Ruling
Debtor was only required to commit the debtor's projected disposable income to the fundingof the Chapter 13 plan. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Objections; Considerations on Objection By Trustee or
ABI Membership is required to access the full summary of Rogers, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Emiabata, In re
Mar
12
2024
Ruling
Debtors' attested financial position did not reflect a level of poverty warranting in formapauperis status. (Bankr. E.D.N.C.)
Issue(s)
Proceedings in forma pauperis.
ABI Membership is required to access the full summary of Emiabata, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Maynor, In re
Nov
27
2023
Ruling
Chapter 13 plan could not be confirmed as the debtor improperly sought to avoid notice andapproval of sale requirements by inserting a nonstandard provision asserting the debtor'sclaimed homestead property was not non-exempt. (Bankr. E.D.N.C.)
Issue(s)
Effect of Confirmation.
ABI Membership is required to access the full summary of Maynor, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sanders, In re--First Recovery, LLC v. Sanders
Aug
31
2023
Ruling
Debt was nondischargeable where one plaintiff justifiably relied on the representations madeby defendant in facilitating the company's sale. (Bankr. E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
ABI Membership is required to access the full summary of Sanders, In re--First Recovery, LLC v. Sanders Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: