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eastern district of north carolina

Palczuk, In re--Palczuk v. Conway

Ruling
Defendants ordered to pay sanction for violating the discharge injunction by continuing topursue alleged securities claims that were unsuccessful in state court. (Bankr. E.D.N.C.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Consumer opinion summary, case decided on August 05, 2021 , LexisNexis #0921-052

Borca, In re

Ruling
Trustee's motion to modify plan was allowed because sufficient grounds existed to increasedebtors' plan payments in accordance with their increased ability to repay creditors. (Bankr.E.D.N.C.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on August 02, 2021 , LexisNexis #0921-072

Pfeifer, In re--BRRRT Props., LLC v. Pfeifer

Ruling
Debt was not dischargeable because evidence showed false representations and concealmentwere reasonably calculated and intended to deceive the creditors. (Bankr. E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on June 17, 2021 , LexisNexis #0821-012

Hollan, In re--Lynch v. Hollan

Ruling
Discharge denied as debtor failed to keep and preserve adequate financial records. (Bankr.E.D.N.C.)
Issue(s)
Discharge; Grounds for Denial; Failure to Keep or Preserve Books or Records.

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Consumer opinion summary, case decided on April 02, 2021 , LexisNexis #0521-069

Harrison, In re--Harden v. Harrison

Ruling
Change of beneficiary on life insurance policy was not a fraudulent transfer. (Bankr. E.D.N.C.)
Issue(s)
Fraudulent Transfers and Obligations.

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Consumer opinion summary, case decided on February 22, 2021 , LexisNexis #0421-013

Roberson, In re

Ruling
Motion for proposed private sales denied where approval of a sale of property under § 1206 isheld exclusively by the chapter 12 trustee. (Bankr. E.D.N.C.)
Issue(s)
Sales Free of Interests.

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Consumer opinion summary, case decided on October 22, 2020 , LexisNexis #1220-047

Floyd, In re

Ruling
Authorization for pre-confirmation payment of prepetition tax debt denied absentsufficient business reason to bypass the usual confirmation procedure. (Bankr. E.D.N.C.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing; Not in the Ordinary Course of

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Consumer opinion summary, case decided on October 20, 2020 , LexisNexis #1220-005

Whitfield, In re

Ruling
Motion to modify the debtor's Chapter 13 plan was allowed as trust proceeds receivedfollowing death of debtor’s mother were properly included in the bankruptcy estate. (Bankr.E.D.N.C.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on October 16, 2020 , LexisNexis #1220-021

Keane, In re

Ruling
Debtor's landlord late-filed claim allowed subject to subordination to timely filed claims.(Bankr. E.D.N.C.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.

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Consumer opinion summary, case decided on October 14, 2020 , LexisNexis #1220-007

Rouse, In re

Ruling
Chapter 12 debtor's hardship discharge denied without prejudice to reconsideration if thedebtor were to pay a balance determined by the court. (Bankr. E.D.N.C.)
Issue(s)
Discharge; Hardship Discharge.

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Consumer opinion summary, case decided on October 02, 2020 , LexisNexis #1120-072