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Hunsucker, In re

Ruling
Funds that qualified as an inheritance, bequest, or devise and did not derive from a trustinterest with an enforceable restriction were property of the bankruptcy estate. (Bankr.E.D.N.C.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Consumer opinion summary, case decided on June 23, 2023 , LexisNexis #0823-059

Fanning, In re

Ruling
Debtors did not prevail on a motion to abrogate local bankruptcy court rule that did not abridge substantive rights to incur debt but rather effectuated trustee supervision. (Bankr. E.D.N.C.)
Issue(s)
Rights and Powers of Debtor.

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Consumer opinion summary, case decided on May 30, 2023 , LexisNexis #0723-070

Godwyn, In re

Ruling
Plan correctly provided for the full value of the creditor's claim, which under nonbankruptcy law was limited to the value of the property on the petition date plus post-petition interest. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.

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Consumer opinion summary, case decided on May 10, 2023 , LexisNexis #0723-021

Gross, In re

Ruling
Collateral estoppel barred re-litigation of the issue of willfulness previously determined in a binding arbitration between the same parties. (Bankr. E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on May 05, 2023 , LexisNexis #0623-088

Imperial Frozen Foods Op Co., LLC, In re

Ruling
Internal Revenue Service's second amended claim denied as the IRS did not meet its burden of establishing validity. (Bankr. E.D.N.C.)
Issue(s)
Priorities; Order of Priorities; Unsecured Governmental Claims.

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Commercial opinion summary, case decided on May 03, 2023 , LexisNexis #0623-084

Purdy, In re

Ruling
Cause existed to dismiss the case as debtors violated the local rules, the order and notice to debtor, the denial order, and the oral ruling denying the motion to reconsider. (Bankr. E.D.N.C.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on April 13, 2023 , LexisNexis #0623-046

Sugar, In re

Ruling
Chapter 13 case was subject to discharge due to debtor's unauthorized transfer of property, which was indicative of bad faith. (Bankr. E.D.N.C.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on February 10, 2023 , LexisNexis #0423-042

J & M Supply of the Carolinas, LLC, In re

Ruling
Debtor's turnover motion denied as debtor made no showing that the writ of execution hadbeen returned as unsatisfied. (Bankr. E.D.N.C.)
Issue(s)
Turnover of Property to the Estate; Payment of Matured Debts to Trustee.

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Commercial opinion summary, case decided on December 08, 2022 , LexisNexis #0223-013

Harrison, In re

Ruling
Automatic stay was inapplicable to corporation's amendment of articles of incorporation toauthorize the issuance of additional shares. (Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Scope; Acts to Obtain Property.

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Consumer opinion summary, case decided on September 20, 2022 , LexisNexis #1122-078

Croniser, In re

Ruling
Debtor was required to place his share of the net sale proceeds into a trust for the benefit ofhis creditors as the debtor experienced a substantial and unanticipated change in his financialcondition. (Bankr. E.D.N.C.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed; Increase or

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Consumer opinion summary, case decided on August 23, 2022 , LexisNexis #1022-093