Caswell, In re
Jul
02
2018
Ruling
Motion to dismiss amended complaint denied in part where plaintiffs' failure to name the real party in interest was neither tactical nor dishonest and did not subject defendants to additional liability. (Bankr. M.D.N.C.)
Issue(s)
Determination of Dischargeability of a Debt; Persons Entitled to File Complaint.
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Court
:
- 11 U.S.C.
RainTree Healthcare of Forsyth LLC, In re
Feb
07
2018
Ruling
Bankruptcy Administrator's motion to dismiss debtor's case granted as liquidation wouldlikely produce little to no benefit to creditors and the estate. (Bankr. M.D.N.C.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; When Required.
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Court
:
- 11 U.S.C.
Young, In re--Lanik v. Young
Jan
17
2018
Ruling
Trustee's motion seeking avoidance of a transfer denied as trustee failed to prove that a transfer of an undivided interest in a parcel of real estate constituted a constructive fraudulent transfer. (Bankr. M.D.N.C.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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Court
:
Woody, In re
Dec
08
2017
Ruling
Debtor's case dismissed as it was filed in response to a creditor's arbitration proceeding. (Bankr. M.D.N.C.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
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Court
:
- 11 U.S.C.
Young, In re--Miller v. Young
Nov
28
2017
Ruling
Debtors were ineligible to have their debts discharged for hiring a company to auctionpersonal property without the court's permission. (Bankr. M.D.N.C.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.
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Court
:
- 11 U.S.C.
Carter, In re
May
11
2017
Ruling
Court dismissed debtor's case and barred her from filing another bankruptcy case for a period of one year due to her abuse of the bankruptcy code and filing her case in bad faith. (Bankr. M.D.N.C.)
Issue(s)
Definitions; “Family Farmer”; Individual.
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Court
:
In re Carter
Jan
20
2017
Ruling
Insurer lacked standing to seek dismissal of involuntary petition for bad faith as insurer didnot yet face a concrete and particularized injury that is actual or imminent. (Bankr. M.D.N.C.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
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Court
:
In re Griffin
Jan
04
2017
Ruling
Court issued show cause order to debtor's attorney for failure to review and ensure thatdeclarations filed in the court were accurate and true. (Bankr. M.D.N.C.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.
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Court
:
Conti v. Coastal Warranty, LLC (In re NC & VA Warranty Co.)
Aug
18
2016
Ruling
Prepetition transfers to re-insurer were avoidable as preferential. (Bankr. M.D.N.C.)
Issue(s)
Should debtor’s prepetition transfers to re-insurer be avoided as preferential?
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Court
:
- 11 U.S.C.
In re Commerford
Jul
14
2016
Ruling
Debtors could not use trustee’s avoidance powers to invalidate a voluntary transfer via a deed of trust.
Issue(s)
Could debtors use the trustee’s avoidance powers to invalidate a deed of trust?
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Court
: