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
Aug
29
2018
DeFreze, In re
Ruling:
Court held that taxes were nondischargeable where debtor's late-filed amended income tax return was not an honest and reasonable effort to comply with tax law. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on August 29,2018, LexisNexis #1018-042
Aug
29
2018
Semans, In re
Ruling:
Court denied debtors' motion to vacate where there was no statutory basis to vacate the discharge order for the purpose of filing a post-discharge reaffirmation agreement. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on August 29,2018, LexisNexis #1018-047
Jul
10
2018
Guy, In re
Ruling:
Motion for relief from the automatic stay so debtor's sister could pursue a judicial partitionby sale under state law of property was denied as releasing the property from the protectionof the court is not in the estate's best interest. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on July 10,2018, LexisNexis #0818-065
Jun
14
2018
CHL, LLC, In re
Ruling:
Amended plan was not confirmable as it was not fair and equitable. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on June 14,2018, LexisNexis #0718-085
May
22
2018
Helmeid, In re
Ruling:
Modification that reduced amount of secured claim was impermissible. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on May 22,2018, LexisNexis #0618-115
Feb
16
2018
Encore Prop. Mgmt., In re
Ruling:
Court dismissed debtor's chapter 11 case as it had been using bankruptcy to delay a bank's effort to execute a foreclosure judgment. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on February 16,2018, LexisNexis #0318-109
Feb
05
2018
Hayes, In re
Ruling:
Court denied proposed plan modification as it was not in the best interest of the unsecuredcreditors. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 05,2018, LexisNexis #0318-083
Feb
06
2018
Ripley, In re
Ruling:
Court allowed trustee's motion to modify chapter 13 plan as increasing the amount ofpayments to the unsecured class was a permissible reason for modification. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 06,2018, LexisNexis #0318-087
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