Eastern District

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

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

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