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Eastern District

Price, In re

Ruling: 
Automatic stay granted in a bankruptcy case operates to provide relief to the debtor fromimmediate payment of debts to creditors. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on September 14,2017, LexisNexis #1017-065

Yow, In re--Northen v. Holly Ridge Ventures, LLC

Ruling: 
Defendants' motion for directed verdict was granted where the court found that the first twocauses of action in the amended complaint were not timely brought. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on September 01,2017, LexisNexis #1017-018

Green, In re

Ruling: 
Chapter 13 case dismissed as the debts exceeded the statutory limits. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on July 27,2017, LexisNexis #0917-034

Ward, In re

Ruling: 
Second deed of trust was wholly unsecured and may be avoided. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on July 19,2017, LexisNexis #0817-098

Stelma Props., LLC, In re

Ruling: 
Court disallowed bank's application for postpetition interest, attorneys' fees, and costs as theLLC's bankruptcy plan overrode the bank's right to recover. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on July 10,2017, LexisNexis #0817-067

Faison, In re

Ruling: 
Court allowed debtor's objection to post-petition claims for attorney's fees because thecreditor failed to credit the pertinent law. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on July 13,2017, LexisNexis #0817-068

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.)
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Consumer case opionion summary, case decided on June 23,2017, LexisNexis #0717-115

Strongs, In re

Ruling: 
Debtor was ineligible to be a debtor since the 180-day bar was in effect at the time of the filingof the instant chapter 7 case. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on June 13,2017, LexisNexis #0717-062

Hurlburt, In re--Hurlburt v. Black

Ruling: 
Creditor's rights could not be modified as creditor's claim was secured only by a lien on real property that was the debtor's principal residence and the value of the property was less than the amount of the claim. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on June 07,2017, LexisNexis #0717-055

Taylor, In re--In re Sound Rivers, Inc. v. Taylor

Ruling: 
Plaintiffs' motion for summary judgment allowed as their claims for declaratory andinjunctive relief regarding allegations of violations of the Clean Water Act and the ResourceConservation and Recovery Act are not debts as defined by the bankruptcy code. (Bankr.E.D.N.C.)
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Consumer case opionion summary, case decided on May 31,2017, LexisNexis #0717-001

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