Sep
26
2019
Morrison, In re
Ruling:
Confirmation of debtor's Chapter 13 plan was denied as the proposed separate classification ofan unsecured claim was prejudicial to other general unsecured creditors. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on September 26,2019, LexisNexis #1119-073
Aug
06
2019
Parhelion Inc., In re--Akil Mgmt. Servs. B.V. v. Parhelion Inc.
Ruling:
Court had no subject jurisdiction over instant adversary proceeding where its related tojurisdiction was lost with the dismissal of the debtor from the action. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on August 06,2019, LexisNexis #1019-024
Aug
01
2019
Haynes, In re
Ruling:
Motion to lift automatic stay granted where hardship deferral agreement terminated prepetition and there was nothing left for the trustee to assume under 11 U.S.C. § 365(a). (Bankr.W.D.N.Y.)
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Consumer case opionion summary, case decided on August 01,2019, LexisNexis #1019-010
Jun
28
2019
Thomas, In re
Ruling:
Debts owed to former spouse pursuant to separation agreement were not nondischargeabledebts as there was no indemnification or hold harmless provision in agreement. (Bankr.E.D.N.C.)
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Consumer case opionion summary, case decided on June 28,2019, LexisNexis #0819-088
May
20
2019
Robert L. Dawson Farms, In re
Ruling:
Motion to dismiss claim denied where borrower held no cause of action under § 547(b) againstlender to which debtor could succeed as the surviving entity to the merger. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on May 20,2019, LexisNexis #0819-012
May
01
2019
Hamilton-Gaertner, In re
Ruling:
Debtor's Chapter 11 plan confirmed as it was neither proposed in bad faith nor infeasible.(Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on May 01,2019, LexisNexis #0719-071
May
03
2019
F.M. Butt Hotels, In re
Ruling:
Creditor's motion to dismiss for cause was granted where court found that dismissal was inthe best interests of creditors, the estate, and the public. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on May 03,2019, LexisNexis #0719-043
Apr
04
2019
Butt, In re
Ruling:
Debtor's case was dismissed as in the best interest of creditors. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on April 04,2019, LexisNexis #0619-044
Feb
22
2019
Batten, In re
Ruling:
Chapter 13 debtor did not have independent standing to assert a trustee's avoidance powersunder Chapter 5 of the bankruptcy code. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 22,2019, LexisNexis #0319-084
Sep
28
2018
Halatek, In re--Halatek v. William D. Ford Fed. Direct Loan (Direct Loan) Program
Ruling:
Debtor's indebtedness to the DOE for educational loans was nondischargeable as she was employed and had the ability to make payments while maintaining a minimal standard of living. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-047
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