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Judge Humrickhouse

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

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

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

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.)
ABI Membership is required to access the full summary of McCowan, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-029

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.)
ABI Membership is required to access the full summary of McCowan, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-018

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

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

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

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

In re Hector

Ruling: 
Dismissal was warranted as the debtor did not pass the means test after deduction for rentexpenses was disallowed. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on September 26,2017, LexisNexis #1117-021

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