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middle district of north carolina

In re Ready

Ruling
Plan confirmed over objection of debtor's former spouse where limited ability to pay was not due to bad faith.
Issue(s)
Should confirmation of chapter 13 plan in debtor's second case, filed within eight years after commencement of prior chapter 7 case, be denied for bad faith on objection of former spouse?

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Consumer opinion summary, case decided on June 08, 2015 , LexisNexis #0915-133

In re Varner

Ruling
Plan could not propose to lower interest rate on loan secured by mortgage on debtor's primary residence.
Issue(s)
Could a chapter 13 plan that proposed to reduce the interest rate on a mortgage secured by

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Consumer opinion summary, case decided on May 01, 2015 , LexisNexis #0615-030

In re Carolina Pediatric Eye Props. LLC

Ruling
Case designated as single asset real estate case.
Issue(s)
Should case concerning commercial real property be designated a single asset real estate case?

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Commercial opinion summary, case decided on March 26, 2015 , LexisNexis #0515-071

In re Scipio

Ruling
Serial filer not entitled to imposition of stay due to failure to rebut presumption of bad faith.
Issue(s)
Was debtor entitled to the imposition of the automatic stay in his third case filed within one year?

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Consumer opinion summary, case decided on March 02, 2015 , LexisNexis #0415-006

Davis v. Voncannon (In re Voncannon)

Ruling
Debtor not entitled to redetermination of dischargeability.
Issue(s)
Whether debtor remains liable on a consent judgment entered in debtor's previous bankruptcy and whether the judgment remains non-dischargeable for purposes of the current bankruptcy?

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Consumer opinion summary, case decided on February 05, 2015 , LexisNexis #0316-057

In re Tosh

Ruling
Case dismissed due to debtor's inability to produce a profit and absence of reasonable likelihood of rehabilitation.
Issue(s)
Should chapter 11 case be dismissed due to the substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation, as well as the gross mismanagement of the estate?

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Consumer opinion summary, case decided on January 22, 2015 , LexisNexis #0315-095

Harvey v. Dambowsky (In re Dambowsky)

Ruling
Bankruptcy court had jurisdiction to liquidate creditors' claims in the context of a nondischargeability proceeding.
Issue(s)
Did the bankruptcy court had jurisdiction to liquidate creditors' claims in the context of a nondischargeability proceeding?

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Consumer opinion summary, case decided on January 06, 2015 , LexisNexis #0215-102

Harvey v. Dambowsky (In re Dambowsky)

Ruling
Bankruptcy court had jurisdiction to liquidate creditors' claims in the context of a nondischargeability proceeding.
Issue(s)
Did the bankruptcy court had jurisdiction to liquidate creditors' claims in the context of a nondischargeability proceeding?

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Consumer opinion summary, case decided on January 06, 2015 , LexisNexis #0215-102

In re Land

Ruling
Debtors could employee special counsel to pursue Fed. R. Civ. P. 60(b) motion in state court.
Issue(s)
Could debtor employ special counsel to handle civil action alleging fraud, breach of contract, and other causes of action and seeking to establish interests in a masonry business?

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Consumer opinion summary, case decided on December 17, 2014 , LexisNexis #0115-037

In re Renegade Holdings Inc.

Ruling
Individual stockholder could not intervene to stay debtor's case.
Issue(s)
Did individual shareholder have standing to seek a stay of debtor's bankruptcy case?

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Commercial opinion summary, case decided on October 15, 2014 , LexisNexis #1114-053