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In re Brown

Ruling
Confirmation denied due to improper bifurcation of mortgage claim against mobile home thatwas worth more than the claim. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on October 14, 2016 , LexisNexis #1116-060

In re Tillman

Ruling
Fully secured second lien on property could not be modified. (Bankr. E.D.N.C.)
Issue(s)
Was second lien on debtor’s property fully secured or partially secured and subject to modification?

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Consumer opinion summary, case decided on September 30, 2016 , LexisNexis #1016-136

Baum v. Baum (In re Baum)

Ruling
Debts to former spouse not reflected in divorce orders were dischargeable. (Bankr. E.D.N.C.)
Issue(s)
Was debt to former spouse nondischargeable?

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Consumer opinion summary, case decided on September 23, 2016 , LexisNexis #1016-088

In re Gunboat Int'l, Ltd.

Ruling
Sale order set aside on collateral attack due to inadequate notice and failure to clearly resolveissues of rights and liabilities. (Bankr. E.D.N.C.)
Issue(s)
Should sale order be set aside on reconsideration?

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Commercial opinion summary, case decided on September 06, 2016 , LexisNexis #0916-114

In re Flour City Bagels, LLC

Ruling
Sale of assets free and clear could not be approved due to debtor’s failure to exercise soundbusiness judgment in selecting bid. (Bankr. W.D.N.Y.)
Issue(s)
Could debtor bagel franchisee sell substantially all of its assets, free and clear of all liens or interests, to its sole managing member, the prevailing bidder at auction?

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Commercial opinion summary, case decided on September 02, 2016 , LexisNexis #0916-113

In re Palumbo

Ruling
Debtors could not reopen long-closed case for determination on unscheduled debt that wasnow at issue in state court. (Bankr. W.D.N.Y.)
Issue(s)
Could debtors reopen their long-closed chapter 7 bankruptcy cases, to address an unscheduled

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Consumer opinion summary, case decided on September 01, 2016 , LexisNexis #0916-107

Bornman v. Thompson Pump & Mfg. Co. (In re Bornman)

Ruling
Sealing of settlement agreement with creditor was not warranted. (Bankr. E.D.N.C.)
Issue(s)
Should settlement agreement be allowed to be filed under seal?

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Consumer opinion summary, case decided on August 24, 2016 , LexisNexis #0916-036

In re Phillips

Ruling
Final order avoiding judgment lien in chapter 13 case was not affected by conversion to chapter 7.
Issue(s)
Was avoidance of lien affected after conversion of chapter 13 case to chapter 7?

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Consumer opinion summary, case decided on July 08, 2016 , LexisNexis #0816-007

In re Fields

Ruling
Conversion to chapter 13 denied on grounds of bad faith.
Issue(s)
Should debtor’s discharge be set aside and the case converted to chapter 13 on the debtor’s motion?

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Consumer opinion summary, case decided on June 17, 2016 , LexisNexis #0716-053

In re Grimes

Ruling
Liens on entireties property securing judgment against only one spouse could not be avoided as they were prohibited by state law.
Issue(s)
Could liens filed against debtor on property owned by the entireties with nondebtor spouse?

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Consumer opinion summary, case decided on June 09, 2016 , LexisNexis #0716-010