Adams, In re
Nov
03
2023
Ruling
Modification of debtor's confirmed plan to require turnover of net proceeds of theunanticipated sale of debtor's property above the exemption amount was permitted. (Bankr.M.D.N.C.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.
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Court
:
- 11 U.S.C.
Myatt, In re
Sep
06
2023
Ruling
Debtor’s vested interest in former spouse’s 401(k) was excluded from her bankruptcy estatepursuant to ERISA's antialienation provision. (Bankr. M.D.N.C.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable
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Court
:
Hepler, In re--Miller v. Hepler
Mar
30
2023
Ruling
The debtors were denied discharges as debtors knowingly and fraudulently made a false oath or account. (Bankr. M.D.N.C.)
Issue(s)
Discharge; Grounds for Denial.
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:
Randolph Hosp., Inc., In re--Robichaux v. Moses H. Cone Mem. Hosp. Operating Corp.
Aug
05
2022
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.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
- 11 U.S.C.
Portuesi, In re--Portuesi v. Bank of N.Y. Mellon
Apr
22
2022
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.)
Issue(s)
Stay of Action Against Codebtor.
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Court
:
- 11 U.S.C.
Vereen, In re--United States SBA v. Vereen
Apr
04
2022
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.)
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.
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Court
:
- 28 U.S.C.
Cosmos Granite Cent., In re--Cosmos Central Corp. v. ABTV Receivership Servs., LLC
Feb
23
2022
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.)
Issue(s)
Bankruptcy Cases and Proceedings.
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Allen, In re
Feb
10
2022
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.)
Issue(s)
Dismissal and Change of Venue.
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Court
:
Short, In re
Nov
30
2021
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.)
Issue(s)
Grant or Denial of Discharge; Extension of Time; Extention of Time for Objection
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:
Swink, In re--Swink v. Fannie Mae
Oct
12
2021
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.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.
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Court
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