- 11 U.S.C.
Batten, In re
Feb
22
2019
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.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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Court
:
- 11 U.S.C.
Halatek, In re--Halatek v. William D. Ford Fed. Direct Loan (Direct Loan) Program
Sep
28
2018
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
:
- 11 U.S.C.
DeFreze, In re
Aug
29
2018
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Taxes; Late or Unfiled Return.
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Court
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- 11 U.S.C.
Semans, In re
Aug
29
2018
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.)
Issue(s)
Effect of Discharge; Reaffirmation Agreements; Agreement Made Prior to Discharge.
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Guy, In re
Jul
10
2018
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.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.
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Court
:
- 11 U.S.C.
CHL, LLC, In re
Jun
14
2018
Ruling
Amended plan was not confirmable as it was not fair and equitable. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Unsecured Claims.
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Court
:
- 11 U.S.C.
Helmeid, In re
May
22
2018
Ruling
Modification that reduced amount of secured claim was impermissible. (Bankr. E.D.N.C.)
Issue(s)
Modification of Plan After Confirmation; Requirements; Compliance with Provisions Governing Plan, Preconfirmation Modification, and Confirmation.
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Court
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Encore Prop. Mgmt., In re
Feb
16
2018
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.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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Ripley, In re
Feb
06
2018
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.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.
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:
- 11 U.S.C.
Hayes, In re
Feb
05
2018
Ruling
Court denied proposed plan modification as it was not in the best interest of the unsecuredcreditors. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No Less Than if Estate Were Liquidated.
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Court
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