Western District

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

Ruling: 
Prosecution of asbestos claims stayed to prevent liquidation and recovery of claims outside ofthe bankruptcy process. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on August 23,2021, LexisNexis #1021-028

DBMP LLC, In re--DBMP LLC v. Those Parties Listed on Appendix A to Complaint

Ruling: 
Official Committee of Asbestos Personal Injury Claimants' motion for relief from automaticstay denied as prejudice to the estate would result if the stay was lifted. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on August 10,2021, LexisNexis #0921-089

Gabbidon Builders LLC, In re

Ruling: 
Attorney's fee application was denied because the attorney accepted a cashier's check from thedebtor and used the funds to pay his retainer fee and Chapter 11 filing fee. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on August 13,2021, LexisNexis #0921-078

Dockins, In re

Ruling: 
Trustee was not entitled to turnover of funds from a 401(k) plan that debtor inherited from afriend prior to filing for Chapter 7 bankruptcy as the transfer restrictions were enforceable.(Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on June 04,2021, LexisNexis #0721-060

Gabbidon Builders Builders, LLC, In re

Ruling: 
Debtor's proposed plan was not confirmed as the plan was not feasible and the likelyexplanation for the debtor's poor financial performance was the debtor's poor management ofits business. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on May 14,2021, LexisNexis #0621-095

Hock, In re--Hock v. Dep't of Educ.

Ruling: 
Student loan debt was nondischargeable as debtor did not prove that based on currentincome and expenses, she could not repay her student loans and maintain a minimalstandard of living. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on March 17,2021, LexisNexis #0521-008

Zagaroli, In re--Mitchell v. Zagaroli

Ruling: 
Trustee could step into the shoes of the IRS to avoid pre-petition transfers under state uniformvoidable transactions law. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on November 03,2020, LexisNexis #1220-065

Houck, In re--Houck v. Substitute Tr. Servs.

Ruling: 
The court imposed damages to the creditor for a willful violation of the automatic stay due tocreditor conducting a foreclosure sale with knowledge of the bankruptcy filing. (Bankr.W.D.N.C.)
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Consumer case opionion summary, case decided on October 06,2020, LexisNexis #1120-77

Morrone, In re

Ruling: 
Holder of lien against debtor’s interest in entireties property who did not object was bound byterms of debtor’s confirmed plan. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on August 27,2020, LexisNexis #1020-032

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