Aug
05
2022
Randolph Hosp., Inc., In re--Robichaux v. Moses H. Cone Mem. Hosp. Operating Corp.
Ruling:
Plaintiff failed to state a preferential transfer claim as he did not adequately plead that thedebtor was balance sheet insolvent at any point during the one-year period before the petitiondate. (Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on August 05,2022, LexisNexis #0922-090
Apr
22
2022
Portuesi, In re--Portuesi v. Bank of N.Y. Mellon
Ruling:
Defendant did not violate the codebtor stay as recording deed of trust was not an act tocollect a debt. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on April 22,2022, LexisNexis #0622-067
Feb
10
2022
Allen, In re
Ruling:
Bankruptcy court denied creditor's motion to dismiss case that was not filed in the propervenue and transferred the case to the proper venue as efficient administration and judicialeconomy favored transfer. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on February 10,2022, LexisNexis #0622-025
Apr
04
2022
Vereen, In re--United States SBA v. Vereen
Ruling:
Discharge denied as debtor failed to adequately explain the disposition of the trucks that hepurchased with SBA loan money. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on April 04,2022, LexisNexis #0622-018
Feb
23
2022
Cosmos Granite Cent., In re--Cosmos Central Corp. v. ABTV Receivership Servs., LLC
Ruling:
Bankruptcy court abstained from hearing and determining the case as the state court had along history with the case. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-049
Nov
30
2021
Short, In re
Ruling:
Extension of deadline to object to discharge denied as trustee failed to take any steps toacquire the information regarding the debtor's assets and liabilities. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on November 30,2021, LexisNexis #0122-100
Oct
12
2021
Swink, In re--Swink v. Fannie Mae
Ruling:
Debtor's motion to dismiss granted in part as the debtor sufficiently alleged that defendantsfailed to properly credit payments during the prior bankruptcy case. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on October 12,2021, LexisNexis #1221-013
May
27
2021
Portuesi, In re--Portuesi v. Bank of N.Y. Mellon Trust Co., N.A.
Ruling:
Dismissal denied as the trustee failed to carry the burden of proving by a preponderance ofthe evidence that cause existed to convert or dismiss the case. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on May 27,2021, LexisNexis #0721-066
May
20
2021
Wellington, In re
Ruling:
Creditors' motion for stay pending appeal of denial of claims denied where creditors had notshown they were likely to succeed on the merits of the appeal. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on May 20,2021, LexisNexis #0721-024
May
07
2021
Blue, In re
Ruling:
Debtor IT consultant met her burden to establish that she was eligible to elect application ofsubchapter V as she was engaged in commercial or business activities. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on May 07,2021, LexisNexis #0721-044
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