Middle District

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.)
ABI Membership is required to access the full summary of Portuesi, In re--Portuesi v. Bank of N.Y. Mellon Trust Co., N.A.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 27,2021, LexisNexis #0721-066

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.)
ABI Membership is required to access the full summary of Wellington, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 20,2021, LexisNexis #0721-024

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.)
ABI Membership is required to access the full summary of Blue, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 07,2021, LexisNexis #0721-044

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.)
ABI Membership is required to access the full summary of Wellington, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 20,2021, LexisNexis #0721-024

James, In re--James v. Select Portfolio Servicing, Inc.

Ruling: 
Factors strongly favored permissive abstention where debtor had already received adischarge, bankruptcy estate had been fully administered and the foreclosure proceedingwas commenced prior to her bankruptcy filing. (Bankr. M.D.N.C.)
ABI Membership is required to access the full summary of James, In re--James v. Select Portfolio Servicing, Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 23,2020, LexisNexis #0121-047

North Carolina New Sch. Inc., In re

Ruling: 
Court sustained trustee's objection to creditor's claim that was received by the clerk's officeone day after the deadline because the mailbox presumption did not apply to the filing of aproof of claim under Rule 3002(c). (Bankr. M.D.N.C.)
ABI Membership is required to access the full summary of North Carolina New Sch. Inc., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 26,2020, LexisNexis #0121-048

Carnegie, In re--Carnegie v. Nationstar Mortg., LLC

Ruling: 
Creditor’s referral to collection agency did not violate the discharge injunction as it waslimited to long-term debts that were not discharged through a Chapter 13 plan. (Bankr.M.D.N.C.)
ABI Membership is required to access the full summary of Carnegie, In re--Carnegie v. Nationstar Mortg., LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 29,2020, LexisNexis #1120-065

Richmond, In re--DFWMM Holdings, LLC v. Richmond

Ruling: 
Debtor’s false statements were not grounds for denial of discharge where debtor did not havefraudulent intent as he reasonably relied on advice of Counsel. (Bankr. M.D.N.C.)
ABI Membership is required to access the full summary of Richmond, In re--DFWMM Holdings, LLC v. Richmond. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 24,2020, LexisNexis #0620-070

Moore Props. of Person Cty., LLC, In re

Ruling: 
Debtor whose case was pending on effective date of Small Business Reorganization Act of2019 and qualified under the act could elect to proceed under subchapter V. (Bankr. M.D.N.C.)
ABI Membership is required to access the full summary of Moore Props. of Person Cty., LLC, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 28,2020, LexisNexis #0420-070

Williams, In re--Williams v. CitiFinancial Servicing LLC

Ruling: 
Motion to dismiss stay and discharge violation claims denied as creditor mortgage servicers’actions with regard to misapplied payments constitute violations of the discharge injunctionand automatic stay. (Bankr. M.D.N.C.)
ABI Membership is required to access the full summary of Williams, In re--Williams v. CitiFinancial Servicing LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 24,2020, LexisNexis #0320-010

Pages

Subscribe to Middle District