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Eastern District

Matusak, In re

Ruling: 
Debtors' motion for directed verdict denied where debtor's ex-wife has carried her burden fora modification. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on May 17,2017, LexisNexis #0617-086

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.)
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Consumer case opionion summary, case decided on April 28,2017, LexisNexis #0517-126

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.)
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Consumer case opionion summary, case decided on April 28,2017, LexisNexis #0517-133

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.)
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Consumer case opionion summary, case decided on April 28,2017, LexisNexis #0517-134

Maloney v. N.C. Dep't of Revenue

Ruling: 
Motion to dismiss allowed where complaint fails to meet the Iqbal/Twombley standard forstating a claim for relief. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on March 02,2017, LexisNexis #0417-015

Wallace, In re

Ruling: 
Confirmation denied after debtor's amended plan was found to be proposed in bad faith.(Bankr. E.D.N.C.)
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Consumer case opionion 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.)
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Consumer case opionion summary, case decided on February 09,2017, LexisNexis #0317-046

Sorge, In re--Fed. Ins. Co. v. Sorge

Ruling: 
Insurance company's claim that a state court judgment it obtained was nondichargeable under § 523(a)(4) was dismissed as the employee's status as an employee did not create a fiduciary relationship. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 06,2017, LexisNexis #0317-035

In re Yahweh Ctr., Inc.

Ruling: 
Court allowed objection to certain document requests as the privacy interests of repondentsoutweighed debtor's right to know the information sought. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on January 23,2017, LexisNexis #0217-098

In re Cooper

Ruling: 
Motion for adequate protection was denied where court found that any deterioration in valueof second-position lienholder's interest in the property resulted from the change in lienposition, and not from the debtors' use of the property. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on January 20,2017, LexisNexis #0217-078

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