- 11 U.S.C.
Parker, In re
Dec
19
2018
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.)
Issue(s)
Allowance of Claims or Interests.
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Court
:
- 11 U.S.C.
McCowan, In re
Aug
24
2018
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.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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Court
:
- 11 U.S.C.
McCowan, In re
Aug
24
2018
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.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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Court
:
McCowan, In re
Aug
22
2018
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.)
Issue(s)
Amendments of Voluntary Petitions, Lists, Schedules and Statements.
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Court
:
- 28 U.S.C.
McCowan, In re
Aug
22
2018
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.)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals; Certification; Factors.
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Court
:
Yow, In re
Jul
19
2018
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.)
Issue(s)
Use, Sale, or Lease of Property; Sale Notwithstanding Provisions Terminating Debtor’s Interest.
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Court
:
Parrish, In re
Apr
06
2018
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.)
Issue(s)
Priorities; Order of Priorities.
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Court
:
- 11 U.S.C.
Edwards, In re
Dec
29
2017
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.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured
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Court
:
Redding, In re
Nov
07
2017
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.)
Issue(s)
Modification of Plan; Where Debtor is an Individual.
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Court
:
- 11 U.S.C.
In re Hamilton-Conversano
Sep
28
2017
Ruling
Dismissal was warranted as the debtor improperly treated private school tuition as a maritaldeduction rather than a household expense. (Bankr. E.D.N.C.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Test.
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Court
: