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eastern district of north carolina

Nocek, In re

Ruling
Creditor sanctioned for intentionally sending email regarding intent to file a lien againstdebtor’s property with constructive knowledge of the bankruptcy filing and the automaticstay. (Bankr. E.D.N.C.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on April 07, 2020 , LexisNexis #0620-005

Wilson, In re--Cabrera v. Wilson

Ruling
Objection to claim sustained where "shared responsibility payment" did not qualify as anexcise tax on a transaction. (Bankr. E.D.N.C.)
Issue(s)
Priorities; Order of Priorities; Unsecured Governmental Claims; Excise Tax.

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Consumer opinion summary, case decided on March 31, 2020 , LexisNexis #0520-061

Goldberg, In re

Ruling
Proceeds in excess of foreclosing creditor's security interest in property remained subject tothe automatic stay. (Bankr. E.D.N.C.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Certain Postpetition

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Consumer opinion summary, case decided on March 27, 2020 , LexisNexis #0520-065

Revels, In re

Ruling
Confirmation of plan was denied as it include a provision that was inconsistent with theBankruptcy Code. (Bankr. E.D.N.C.)
Issue(s)
Contents of Plan; Discretionary Provisions; Provisions Consistent with Title 11.

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Consumer opinion summary, case decided on March 20, 2020 , LexisNexis #0520-047

Mank, In re

Ruling
Confirmation of amended plan denied as its contents include nonstandard provisions thatwere not specific to the debtor's financial circumstances. (Bankr. E.D.N.C.)
Issue(s)
Contents of Plan; Discretionary Provisions; Provisions Consistent with Title 11.

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Consumer opinion summary, case decided on March 10, 2020 , LexisNexis #0420-095

Gunsalus, In re--Gunsalus v. Ontario Cty.

Ruling
Involuntary transfer of debtors' property was set aside as a constructively fraudulent transferas the purchase price was not reasonably equivalent to the value of the property. (Bankr.W.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on February 19, 2020 , LexisNexis #0420-019

Medlin, In re

Ruling
Chapter 13 debtor was within the debt limit set by § 109(e) once contingent claim wasexcluded from calculation. (Bankr. E.D.N.C.)
Issue(s)
Who May Be a Debtor; Chapter 13.

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Consumer opinion summary, case decided on February 13, 2020 , LexisNexis #0320-075

F.M. Butt Hotels, Corp., In re

Ruling
Filing injunction extended to prevent debtor from interfering with foreclosure action in statecourt. (Bankr. W.D.N.Y.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Commercial opinion summary, case decided on January 17, 2020 , LexisNexis #0220-076

Calascibetta, In re

Ruling
Debtor’s delays were cause to convert Chapter 11 case to Chapter 7. (Bankr. W.D.N.Y.)
Issue(s)
Conversion or Dismissal; Conversion to Chapter 11 or 12.

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Consumer opinion summary, case decided on January 16, 2020 , LexisNexis #0220-093

Medlin, In re--Beabout v. Medlin

Ruling
Debt was dischargeable where creditors were not the victims of debtor's fraud. (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 December 16, 2019 , LexisNexis #0120-085