- 11 U.S.C.
Rice, In re
Jun
17
2025
Ruling
Debtor’s third case filed in six years dismissed as debtor's intentional filing of third case while the second was still pending to avoid 180-day filing bar was evidence of a lack of good faith. (Bankr. W.D.N.C.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary Dismissal After Request for Relief From Stay.
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Court
:
- 26 U.S.C.
Ray, In re
Jan
15
2025
Ruling
IRS willfully violated discharge injunction but debtor had to exhaust administrative remedies before seeking damages in bankruptcy. (Bankr. W.D.N.C.)
Issue(s)
Effect of Discharge.
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Court
:
- 11 U.S.C.
Brooks, In re
Dec
20
2024
Ruling
Debtor's proposed plan to pay a mortgage claim at Till rate of interest denied as the claim was secured only by the debtor's principal residence and the contract rate could not be modified. (Bankr. W.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.
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Court
:
- 11 U.S.C.
Green, In re
Nov
13
2024
Ruling
Confirmation of debtor's amended Chapter 13 plan was warranted as the debtor had a statutory right to amend the plan before confirmation. (Bankr. W.D.N.C.)
Issue(s)
Modification of Plan Before Confirmation.
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Court
:
- 11 U.S.C.
Gabriel Custom Homes, LLC, In re
Sep
30
2024
Ruling
Bankruptcy court denied creditor's motion for relief from an automatic stay of foreclose proceedings as there where factual issues as to whether the property was the debtor's domicile and whether a scheme had occurred to hinder or defraud the creditor. (Bankr. W.D.N.C.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property.
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Court
:
- 11 U.S.C.
Pli Y Hmok, In re
Jun
24
2024
Ruling
Postpetition sale that resulted in the termination of a tenancy by the entirety extinguished anyexemption created by the Bankruptcy Code in the proceeds. (Bankr. W.D.N.C.)
Issue(s)
Property of the Estate.
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Court
:
- 11 U.S.C.
BK Racing, LLC, In re--Smith v. BK Racing, LLC
Jan
02
2024
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.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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Court
:
Kennedy, In re
Dec
07
2023
Ruling
Compensation for lender’s attorney's fees and expenses incurred in state court collectionaction allowed only in part. (Bankr. W.D.N.C.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
:
- 11 U.S.C.
Ballantyne Brands, LLC v. Weisehan
Oct
02
2023
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.)
Issue(s)
Fraudulent Transfers and Obligations.
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Court
:
- 28 U.S.C.
Grayson O Co., In re
Jul
31
2023
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.)
Issue(s)
Change of Venue.
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Court
: