Western District

BK Racing, LLC, In re--Smith v. BK Racing, LLC

Ruling: 
Sanctions were imposed on the defendant in avoidance proceeding as she had continuallyfailed and refused to comply with discovery. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on January 02,2024, LexisNexis #0224-085

Chesney, In re

Ruling: 
Creditor's motion to lift stay for debtor’s failure to disclose income from role as a personalrepresentative denied where debtor had not yet received income. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on December 21,2023, LexisNexis #0224-051

Aldrich Pump LLC, In re

Ruling: 
Motion to dismiss was denied absent satisfaction of the objective futility prong of the Carolintest. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on December 28,2023, LexisNexis #0224-040

Kennedy, In re

Ruling: 
Compensation for lender’s attorney's fees and expenses incurred in state court collectionaction allowed only in part. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on December 07,2023, LexisNexis #0124-080

Ballantyne Brands, LLC v. Weisehan

Ruling: 
Tax distributions paid legal liabilities owed by the company to defendants, were forreasonably equivalent value and could not be avoided. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on October 02,2023, LexisNexis #1223-010

Grayson O Co., In re

Ruling: 
Debtor's motion to transfer was denied as it would serve neither the interests of justice nor theconvenience of the parties. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on July 31,2023, LexisNexis #1023-021

Jerrell, In re

Ruling: 
Bankruptcy court did not err in disallowing the debtor's attorney's request for fees for appearing at a hearing in support of a fee application. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on April 26,2023, LexisNexis #0623-081

Turnage, In re

Ruling: 
Debtor could not be deprived of a homestead exemption to pay administrative expenses evenwhen a bankruptcy court found that a trustee had to incur over $500,000 in attorney's fees dueto the debtor's fraud. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on August 26,2022, LexisNexis #1022-091

JTR1, LLC, In re--Shuford v. Etaros Actuarial Servs., LLC

Ruling: 
Trustee could not step into the shoes of the appropriate creditor to invoke the Fair DebtCollection Practices Act to avoid and recover transfers. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on August 12,2022, LexisNexis #1022-012

Kisielka, In re

Ruling: 
Debtor was not entitled to amend the means test and modify his plan as the original meanstest properly excluded his social security income and included his VA disability benefits.(Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on March 02,2022, LexisNexis #0422-092

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