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In re Powers

Ruling
Debtor could avoid judicial lien to the extent impairing homestead exemption. (Bankr. E.D.N.C.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance; Judicial Liens.

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Consumer opinion summary, case decided on June 07, 2016 , LexisNexis #1116-113

In re Powers

Ruling
Judicial lien ordered partially avoided upon confirmation.
Issue(s)
Should judicial liens be avoided as impairing debtor's homestead exemption?

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Consumer opinion summary, case decided on June 02, 2016 , LexisNexis #0616-116

In re Napoleon

Ruling
Debtors could not claim an exemption in medical insurance proceeds that were not property of the estate.
Issue(s)
Could debtors claim an exemption in medical insurance proceeds retained rather than turned over to provider?

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Consumer opinion summary, case decided on May 12, 2016 , LexisNexis #0616-017

White v. Quantum3 Group LLC (In re White)

Ruling
Sanctions for filing a stale proof of claim were not warranted.
Issue(s)
Whether § 105 permits the court to sanction a creditor for filing stale proofs of claim?

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Consumer opinion summary, case decided on March 21, 2016 , LexisNexis #0416-036

In re Hanson

Ruling
Property surrendered, foreclosed and transferred to third party could not be revested with debtor.
Issue(s)
Should claim allegedly satisfied by debtor's prior surrender of property, that was subsequently foreclosed and sold, be allowed over debtor's objection?

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Consumer opinion summary, case decided on March 03, 2016 , LexisNexis #0316-109

Driftwood Manor Owners Assn v. Borgus (In re Borgus)

Ruling
Homeowners' association claim for postpetition, preconversion debt was nondischargeable.
Issue(s)
The meaning of the phrase "order for relief" under 11 U.S.C.S. § 523(a)(16) where a case has been converted from chapter 13 to chapter 7.

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Consumer opinion summary, case decided on January 21, 2016 , LexisNexis #0216-082

In re Sheetz

Ruling
Creditor's proceeding for denial of discharge denied as it originally filed as a motion and creditor only moved to amend to file an adversary proceeding after the bar date.
Issue(s)
Could judgment creditor file a nondischargeability proceeding against the debtor where he originally filed his objection to dischargeability as a motion and waited until after the bar debt to request permission to amend his pleadings?

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Consumer opinion summary, case decided on December 31, 2015 , LexisNexis #0116-139

In re Daniels

Ruling
Claim secured by debtor's residence and escrow funds could be modified.
Issue(s)
Could claim secured by both debtor's primary residence and escrow funds be modified?

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Consumer opinion summary, case decided on December 18, 2015 , LexisNexis #0116-065

In re Adams

Ruling
Debtor could not modify claim secured solely by debtors' primary residence.
Issue(s)
Could loan secured solely by chapter 13 debtor's residence be bifurcated into secured and unsecured portions?

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Consumer opinion summary, case decided on November 30, 2015 , LexisNexis #0316-068

In re Bate Land & Timber LLC

Ruling
Secured creditor could include attorneys' fees in its claim, with appropriate reductions.
Issue(s)
Should secured creditor's claim for postpetition attorneys' fees be allowed in full?

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Commercial opinion summary, case decided on November 25, 2015 , LexisNexis #1215-082