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judge mcafee

Williams Land Clearing, Grading, & Timber Logging, LLC, In re--Williams Land Clearing, Grading, & Timber Logging, LLC v. Apex Funding Source LLC

Ruling
Payment directly to creditor of receivable owed to debtor was avoidable as it allowed creditor to receive more than it would have in a Chapter 7 case. (Bankr. E.D.N.C.)
Issue(s)
Preferences.

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Commercial opinion summary, case decided on May 16, 2025 , LexisNexis #0725-065

Sliwinski, In re--Sliwinski v. Sliwinski

Ruling
Chapter 13 debtor lacks standing to sell property under Section 363(h). (Bankr. E.D.N.C.)
Issue(s)
Rights and Powers of Debtor.

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Consumer opinion summary, case decided on March 10, 2025 , LexisNexis #0525-043

Lamb, In re

Ruling
Debtors' testimony alone, without a rational basis for the stated value, was insufficient to meet the burden of proof on valuation for purposes of cram down. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.

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Consumer opinion summary, case decided on October 22, 2024 , LexisNexis #0125-021

Harrison, In re

Ruling
Automatic stay was inapplicable to corporation's amendment of articles of incorporation toauthorize the issuance of additional shares. (Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Scope; Acts to Obtain Property.

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Consumer opinion summary, case decided on September 20, 2022 , LexisNexis #1122-078