Williams, In re--Williams v. CitiFinancial Servicing LLC
Jan
24
2020
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.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.
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Court
:
- 11 U.S.C.
Etheridge, In re
Dec
10
2019
Ruling
Court did not need to determine the amount of any fees as the fee application would bedenied as a result of the attorney's violations. (Bankr. M.D.N.C.)
Issue(s)
Compensation of Officers.
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Court
:
- 11 U.S.C.
Richmond, In re
Jun
20
2019
Ruling
Dismissal of a Chapter 13 case was affirmed where there was no clear error in finding thatdebtor filed his petition in bad faith. (7th Cir.)
Issue(s)
Debtor’s Duties.
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Court
:
( Judge ) [ Bankruptcy Court ]
Hunter, In re
Feb
19
2019
Ruling
Debtor's motion to convert case to Chapter 11 denied where his primary motive for conversionwas indicative of bad faith as he was in effect asking to shift the risk of unsuccessful litigationto his creditors. (Bankr. M.D.N.C.)
Issue(s)
Conversion; By the Debtor.
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Court
:
Peterson, In re--Evapco, Inc. v. Peterson
Nov
06
2018
Ruling
Court denied plaintiffs' motion for partial summary judgment on their objection to a chapter7 debtor's discharge for making false oaths and accounts because factual questions remained.(Bankr. M.D.N.C.)
Issue(s)
Discharge; Grounds for Denial.
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Court
:
C & M Invs. of High Point Inc., In re
Sep
04
2018
Ruling
Claims dismissed as court did not have subject matter jurisdiction over claims regarding theassignment of intellectual property to LLC. (Bankr. M.D.N.C.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In or Related to Cases Under Title 11.
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Court
:
Randle, In re--Randle v. Saga Auto Sales, Inc.
Sep
04
2018
Ruling
Debtors' claims for relief dismissed as they violated chapter 75 of the North Carolina generalstatutes and defendant did not fall within the federal debt collection practices act definitionof a debt collector. (Bankr. M.D.N.C.)
Issue(s)
Automatic Stay; Scope.
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Court
:
C & M Invs. of High Point Inc., In re--Northen v. MDC Innovations, LLC
Aug
21
2018
Ruling
Claims regarding the assignment of intellectual property to non-debtor companies did notarise "under" or "in" title 11 as they asserted state law causes of action which wereindependent of the bankruptcy filing and the companies were not debtors before the court.(Bankr. M.D.N.C.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In or Related to Cases Under Title 11.
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Court
:
C & M Invs. of High Point Inc., In re--Northen v. MDC Innovations, LLC
Aug
21
2018
Ruling
Claims regarding the assignment of intellectual property to non-debtor companies did notarise "under" or "in" title 11 as they asserted state law causes of action which wereindependent of the bankruptcy filing and the companies were not debtors before the court.(Bankr. M.D.N.C.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In or Related to Cases Under Title 11.
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Court
:
- 11 U.S.C.
Coder Foundry, LLC, In re
Aug
01
2018
Ruling
State court derivative action was not a violation of the automatic stay as neither of the claims asserted in the derivative action were property of the bankruptcy estate. (Bankr. M.D.N.C.)
Issue(s)
Automatic Stay.
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Court
: