Dec
09
2019
Dale, In re
Ruling:
Motion to convert Chapter 7 case to Chapter 13 was denied as debtor currently do not haveregular income sufficient to propose a viable plan. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on December 09,2019, LexisNexis #0120-068
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
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
Apr
06
2018
Parrish, In re
Ruling:
Court deemed individual shared responsibility payment that was imposed for failure to obtain health insurance under the Affordable Care Act as a penalty and was therefore not entitled to priority status. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on April 06,2018, LexisNexis #0518-037
Dec
29
2017
Edwards, In re
Ruling:
In order to properly confirm a chapter 13 bankruptcy plan, the proper replacement value mustbe declared in the amended plan. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on December 29,2017, LexisNexis #0218-029
Nov
07
2017
Redding, In re
Ruling:
Court denied debtor's motion to modify her chapter 11 plan as speculative change in circumstances was not a substantial change. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on November 07,2017, LexisNexis #1217-052
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