Nov
03
2023
Adams, In re
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.)
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Consumer case opionion summary, case decided on November 03,2023, LexisNexis #0124-049
Sep
06
2023
Myatt, In re
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.)
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Consumer case opionion summary, case decided on September 06,2023, LexisNexis #1123-013
Mar
30
2023
Hepler, In re--Miller v. Hepler
Ruling:
The debtors were denied discharges as debtors knowingly and fraudulently made a false oath or account. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on March 30,2023, LexisNexis #0623-014
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