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In re Abbott

Ruling
Relief from stay granted to allow 42 U.S.C.S. § 1983 action to proceed. (Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on November 22, 2016 , LexisNexis #1216-068

In re McOuat

Ruling
Government claims under the False Claims Act were excepted from the automatic stay. (Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory

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Consumer opinion summary, case decided on October 13, 2016 , LexisNexis #1116-038

In re Smith

Ruling
Modification of chapter 13 plan allowed to the extent that mortgage payments were no longer necessary after sale of residence.
Issue(s)
Could debtor's chapter 13 plan be modified following the sale of debtor's residence and satisfaction of mortgage debt?

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Consumer opinion summary, case decided on September 07, 2016 , LexisNexis #0616-130

In re Smith

Ruling
Modification of chapter 13 plan allowed to the extent that mortgage payments were no longer necessary after sale of residence.
Issue(s)
Could debtor's chapter 13 plan be modified following the sale of debtor's residence and satisfaction of mortgage debt?

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Consumer opinion summary, case decided on September 07, 2016 , LexisNexis #0616-130

In re Smith

Ruling
Modification of chapter 13 plan allowed to the extent that mortgage payments were no longer necessary after sale of residence.
Issue(s)
Could debtor's chapter 13 plan be modified following the sale of debtor's residence and satisfaction of mortgage debt?

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Consumer opinion summary, case decided on September 07, 2016 , LexisNexis #0616-130

In re Faison

Ruling
Confirmation of debtor’s third plan denied due to lack of feasibility and good faith. (Bankr. E.D.N.C.)
Issue(s)
Could debtor’s third amended plan be confirmed?

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Consumer opinion summary, case decided on September 02, 2016 , LexisNexis #0916-129

In re Branch

Ruling
Two health care companies sanctioned for failing to redact debtor’s personal identifying information from proofs of claim. (Bankr. E.D.N.C.)
Issue(s)
Should healthcare creditors be sanctioned for including in its proofs of claim personal information of the debtors that should have been redacted

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Consumer opinion summary, case decided on August 31, 2016 , LexisNexis #0916-071

In re Jones

Ruling
Automatic stay barred debtor’s former spouse from enforcing order for distribution ofproperty. (Bankr. E.D.N.C.)
Issue(s)
Was the automatic stay in effect so as to bar debtor’s former spouse from enforcing property distribution order?

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Consumer opinion summary, case decided on August 22, 2016 , LexisNexis #0916-041

In re King

Ruling
Debtor’s objection to proof of claim based on alleged assignment overruled.
Issue(s)
Whether an unsecured claim should be denied because the claim was allegedly assigned pursuant to an agreement for consulting services?

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Consumer opinion summary, case decided on June 30, 2016 , LexisNexis #0716-101

In re Spirakis

Ruling
Claim for which elements required for setoff could not be satisfied was not secured.
Issue(s)
Should debtor’s objection to secured portion of creditor’s claim be sustained?

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Consumer opinion summary, case decided on June 23, 2016 , LexisNexis #0716-080