Middle District

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

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

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

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

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

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

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

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.)
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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.)
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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

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