Judge Humrickhouse

Nocek, In re

Ruling: 
Creditor sanctioned for intentionally sending email regarding intent to file a lien againstdebtor’s property with constructive knowledge of the bankruptcy filing and the automaticstay. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on April 07,2020, LexisNexis #0620-005

Revels, In re

Ruling: 
Confirmation of plan was denied as it include a provision that was inconsistent with theBankruptcy Code. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on March 20,2020, LexisNexis #0520-047

Mank, In re

Ruling: 
Confirmation of amended plan denied as its contents include nonstandard provisions thatwere not specific to the debtor's financial circumstances. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-095

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

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.)
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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

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

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