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Martelli, In re

Ruling
Court granted debtors' motions to quash as U.S. Trustee failed to issue deposition subpoenas, with notices to produce, and to complete examinations of the debtors within time specified. (Bankr. W.D.N.Y.)
Issue(s)
Writs.

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Consumer opinion summary, case decided on July 20, 2017 , LexisNexis #0817-118

Canandaigua Land Dev., LLC, In re

Ruling
Chapter 7 case dismissed because there has been unreasonable delay in the liquidation of theestate's only asset. (Bankr. W.D.N.Y.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause; Unreasonable Delay by Debtor.

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Commercial opinion summary, case decided on June 29, 2017 , LexisNexis #0817-013

Murphy, In re--Kozec v. Murphy

Ruling
The malicious prosecution claim and the dischargeability claim are together a core proceeding which the court has authority to hear and determine. (Bankr. E.D.N.C.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Consumer opinion summary, case decided on June 23, 2017 , LexisNexis #0717-115

Strickner, In re

Ruling
Objection to proof of claim granted where the claim was disallowed as untimely. (Bankr. W.D.N.Y.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Proof of Claim not Timely Filed.

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Consumer opinion summary, case decided on June 19, 2017 , LexisNexis #0717-095

Lewis, In re

Ruling
Motion to hold creditors in contempt granted as holder of mortgage note and loan servicer violated the bankruptcy discharge injunction by attempting to collect additional amounts even after debt was satisfied. (Bankr. E.D.N.C.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.

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Consumer opinion summary, case decided on April 28, 2017 , LexisNexis #0517-134

Greene, In re

Ruling
Motion for sanctions and damages granted as a successor servicer of bankruptcy willfully violated the bankruptcy discharge injuction issued by wrongfully attempting to collect arrears. (Bankr. E.D.N.C.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.

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Consumer opinion summary, case decided on April 28, 2017 , LexisNexis #0517-133

Davis, In re

Ruling
Applicants not eligible to recover costs and fees as consent order resolving case was entered postpetition. (Bankr. E.D.N.C.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Consumer opinion summary, case decided on April 28, 2017 , LexisNexis #0517-126

Wallace, In re

Ruling
Confirmation denied after debtor's amended plan was found to be proposed in bad faith.(Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Requirements; Plan Proposed in Good Faith.

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Consumer opinion summary, case decided on February 13, 2017 , LexisNexis #0317-083

Korbin, In re

Ruling
Debtors were not allowed to modify plan in order to purchase the home they were renting as it was not in the best interests of the creditors. (Bankr. E.D.N.C.)
Issue(s)
Modification of Plan.

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Consumer opinion summary, case decided on February 09, 2017 , LexisNexis #0317-046

In re Cary

Ruling
Motions to reopen and to add corporate creditor in case settled by state court denied asbankruptcy court lacked jurisdiction. (Bankr. E.D.N.C.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on December 13, 2016 , LexisNexis #0117-040