Jul
15
2020
Kimbler, In re
Ruling:
Creditor's filing criminal charges against the debtor to coerce or punish her for failing to pay was a purposeful and willful violation of the automatic stay. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on July 15,2020, LexisNexis #0820-053
Jul
08
2020
Fuller, In re
Ruling:
Confirmation of Chapter 13 plan was denied due to nonstandard provision that did not provide for payment of two secured claims. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on July 08,2020, LexisNexis #0820-046
Jun
11
2020
Penland Heating & Air Conditioning, Inc., In re
Ruling:
Application to employ attorney filed by Subchapter V trustee was denied as there was noshowing that it was warranted. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on June 11,2020, LexisNexis #0720-070
May
08
2020
Kearns, In re
Ruling:
Relief from the automatic stay was appropriate based on debtor's failure to make pre-petitionand post-petition mortgage payments. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on May 08,2020, LexisNexis #0620-083
Apr
16
2020
Diocese of Rochester, In re
Ruling:
Motion for appointment of an independent fee examiner was denied as the case was not solarge or complex as to justify the administrative expense. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on April 16,2020, LexisNexis #0620-026
Mar
31
2020
Wilson, In re--Cabrera v. Wilson
Ruling:
Objection to claim sustained where "shared responsibility payment" did not qualify as anexcise tax on a transaction. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-061
Feb
19
2020
Gunsalus, In re--Gunsalus v. Ontario Cty.
Ruling:
Involuntary transfer of debtors' property was set aside as a constructively fraudulent transferas the purchase price was not reasonably equivalent to the value of the property. (Bankr.W.D.N.Y.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-019
Feb
13
2020
Medlin, In re
Ruling:
Chapter 13 debtor was within the debt limit set by § 109(e) once contingent claim wasexcluded from calculation. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 13,2020, LexisNexis #0320-075
Jan
16
2020
Calascibetta, In re
Ruling:
Debtor’s delays were cause to convert Chapter 11 case to Chapter 7. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on January 16,2020, LexisNexis #0220-093
Jan
17
2020
F.M. Butt Hotels, Corp., In re
Ruling:
Filing injunction extended to prevent debtor from interfering with foreclosure action in statecourt. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on January 17,2020, LexisNexis #0220-076
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