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eastern district of north carolina

McCowan, In re

Ruling
Trustee's objection to debtor's homestead exemption overruled where debtor's reliance on abank's erroneous representation that it had a lien on the property constituted excusableneglect. (Bankr. E.D.N.C.)
Issue(s)
Amendments of Voluntary Petitions, Lists, Schedules and Statements.

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Consumer opinion summary, case decided on August 22, 2018 , LexisNexis #1018-029

McCowan, In re

Ruling
Trustee's objection to debtor's homestead exemption overruled where debtor's reliance on abank's erroneous representation that it had a lien on the property constituted excusableneglect. (Bankr. E.D.N.C.)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals; Certification; Factors.

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Consumer opinion summary, case decided on August 22, 2018 , LexisNexis #1018-029

Stiletto Mfg., In re

Ruling
Court held that there was no executory contract for the debtor to reject or assume where both the original agreement and the modified agreement were executed in the ordinary course of the debtor's business. (Bankr. E.D.N.C.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.

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Commercial opinion summary, case decided on July 19, 2018 , LexisNexis #0818-099

Yow, In re

Ruling
Court approved trustee's motion seeking authority to sell only the debtor's bare economic interests in the LLCs. (Bankr. E.D.N.C.)
Issue(s)
Use, Sale, or Lease of Property; Sale Notwithstanding Provisions Terminating Debtor’s Interest.

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Consumer opinion summary, case decided on July 19, 2018 , LexisNexis #0818-098

Guy, In re

Ruling
Motion for relief from the automatic stay so debtor's sister could pursue a judicial partitionby sale under state law of property was denied as releasing the property from the protectionof the court is not in the estate's best interest. (Bankr. E.D.N.C.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.

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Consumer opinion summary, case decided on July 10, 2018 , LexisNexis #0818-065

CHL, LLC, In re

Ruling
Amended plan was not confirmable as it was not fair and equitable. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Unsecured Claims.

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Commercial opinion summary, case decided on June 14, 2018 , LexisNexis #0718-085

Helmeid, In re

Ruling
Modification that reduced amount of secured claim was impermissible. (Bankr. E.D.N.C.)
Issue(s)
Modification of Plan After Confirmation; Requirements; Compliance with Provisions Governing Plan, Preconfirmation Modification, and Confirmation.

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Consumer opinion summary, case decided on May 22, 2018 , LexisNexis #0618-115

Yahweh Ctr., In re

Ruling
Trustee's motion seeking interpretation and construction of the debtor's plan was allowed asthe AP Deadline did not apply to bar causes of action the trustee asserted on behalf of thedebtor's estate. (Bankr. E.D.N.C.)
Issue(s)
Modification of Plan.

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Commercial opinion summary, case decided on May 04, 2018 , LexisNexis #0618-021

Parrish, In re

Ruling
Court deemed individual shared responsibility payment that was imposed for failure to obtain health insurance under the Affordable Care Act as a penalty and was therefore not entitled to priority status. (Bankr. E.D.N.C.)
Issue(s)
Priorities; Order of Priorities.

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Consumer opinion summary, case decided on April 06, 2018 , LexisNexis #0518-037

Encore Prop. Mgmt., In re

Ruling
Court dismissed debtor's chapter 11 case as it had been using bankruptcy to delay a bank's effort to execute a foreclosure judgment. (Bankr. W.D.N.Y.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on February 16, 2018 , LexisNexis #0318-109