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Medlin, In re--Beabout v. Medlin

Ruling
Debt was dischargeable where creditors were not the victims of debtor's fraud. (Bankr.E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on December 16, 2019 , LexisNexis #0120-085

Pick-Your-Own, Inc., In re

Ruling
Injunctive relief preventing creditor from pursuing counterclaim denied as debtor failed toshow or allege danger of imminent, irreparable harm. (Bankr. W.D.N.Y.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Commercial opinion summary, case decided on November 21, 2019 , LexisNexis #0120-002

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.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.

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Consumer opinion summary, case decided on September 26, 2019 , LexisNexis #1119-073

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.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Commercial opinion summary, case decided on August 06, 2019 , LexisNexis #1019-024

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.)
Issue(s)
Executory Contracts and Unexpired Leases.

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Consumer opinion summary, case decided on August 01, 2019 , LexisNexis #1019-010

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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce

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Consumer opinion summary, case decided on June 28, 2019 , LexisNexis #0819-088

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.)
Issue(s)
Preferences; Avoidable Transfers.

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Commercial opinion summary, case decided on May 20, 2019 , LexisNexis #0819-012

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.)
Issue(s)
Conversion or Dismissal.

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Commercial opinion summary, case decided on May 03, 2019 , LexisNexis #0719-043

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.)
Issue(s)
Confirmation of Plan; Requirements.

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Consumer opinion summary, case decided on May 01, 2019 , LexisNexis #0719-071

Butt, In re

Ruling
Debtor's case was dismissed as in the best interest of creditors. (Bankr. W.D.N.Y.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Consumer opinion summary, case decided on April 04, 2019 , LexisNexis #0619-044