- 11 U.S.C.
In re Hector
Sep
26
2017
Ruling
Dismissal was warranted as the debtor did not pass the means test after deduction for rentexpenses was disallowed. (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
:
- 11 U.S.C.
Outer Banks Ventures, Inc., In re
Sep
19
2017
Ruling
Debtor’s objection to the claim was allowed as trust's claim was improperly calculated. (Bankr. E.D.N.C.)
Issue(s)
Allowance of Claims or Interests.
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Court
:
- 11 U.S.C.
Yow, In re--Northen v. Holly Ridge Ventures, LLC
Sep
01
2017
Ruling
Defendants' motion for directed verdict was granted where the court found that the first twocauses of action in the amended complaint were not timely brought. (Bankr. E.D.N.C.)
Issue(s)
Defendants' motion for directed verdict was granted where the court found that the first two causes of action in the amended complaint were not timely brought.
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:
Green, In re
Jul
27
2017
Ruling
Chapter 13 case dismissed as the debts exceeded the statutory limits. (Bankr. E.D.N.C.)
Issue(s)
Who May Be a Debtor; Chapter 13.
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Faison, In re
Jul
13
2017
Ruling
Court allowed debtor's objection to post-petition claims for attorney's fees because thecreditor failed to credit the pertinent law. (Bankr. E.D.N.C.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
:
- 11 U.S.C.
Hurlburt, In re--Hurlburt v. Black
Jun
07
2017
Ruling
Creditor's rights could not be modified as creditor's claim was secured only by a lien on real property that was the debtor's principal residence and the value of the property was less than the amount of the claim. (Bankr. E.D.N.C.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Taylor, In re--In re Sound Rivers, Inc. v. Taylor
May
31
2017
Ruling
Plaintiffs' motion for summary judgment allowed as their claims for declaratory andinjunctive relief regarding allegations of violations of the Clean Water Act and the ResourceConservation and Recovery Act are not debts as defined by the bankruptcy code. (Bankr.E.D.N.C.)
Issue(s)
Definitions; “Debt”.
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Court
:
- 11 U.S.C.
Matusak, In re
May
17
2017
Ruling
Debtors' motion for directed verdict denied where debtor's ex-wife has carried her burden fora modification. (Bankr. E.D.N.C.)
Issue(s)
Modification of Plan After Confirmation.
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Court
:
- 11 U.S.C.
Americorp Fin., L.L.C. v. Schwarz (In re Schwarz)
Dec
22
2016
Ruling
Court held that a Forbearance Agreement was invalid and uneforceable as it was based in partupon a previously discharged debt. (Bankr. E.D.N.C.)
Issue(s)
Effect of Discharge.
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Court
:
- 11 U.S.C.
In re Rose
Dec
22
2016
Ruling
Bankruptcy debtor's former spouse not entitled for relief from stay as her Employee StockOption Plan was not a property of the debtor's bankruptcy estate. (Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax Refunds, and Medical Obligations; Collection of Domestic Support Obligations From Non-Estate Property.
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Court
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