Aug
26
2022
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.)
ABI Membership is required to access the full summary of Turnage, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 26,2022, LexisNexis #1022-091
Aug
12
2022
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.)
ABI Membership is required to access the full summary of JTR1, LLC, In re--Shuford v. Etaros Actuarial Servs., LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 12,2022, LexisNexis #1022-012
Mar
02
2022
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.)
ABI Membership is required to access the full summary of Kisielka, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 02,2022, LexisNexis #0422-092
Aug
23
2021
Ruling:
Prosecution of asbestos claims stayed to prevent liquidation and recovery of claims outside ofthe bankruptcy process. (Bankr. W.D.N.C.)
ABI Membership is required to access the full summary of . Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 23,2021, LexisNexis #1021-028
Aug
10
2021
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.)
ABI Membership is required to access the full summary of DBMP LLC, In re--DBMP LLC v. Those Parties Listed on Appendix A to Complaint. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 10,2021, LexisNexis #0921-089
Aug
13
2021
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.)
ABI Membership is required to access the full summary of Gabbidon Builders LLC, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 13,2021, LexisNexis #0921-078
Jun
04
2021
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.)
ABI Membership is required to access the full summary of Dockins, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 04,2021, LexisNexis #0721-060
May
14
2021
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.)
ABI Membership is required to access the full summary of Gabbidon Builders Builders, LLC, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 14,2021, LexisNexis #0621-095
Mar
17
2021
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.)
ABI Membership is required to access the full summary of Hock, In re--Hock v. Dep't of Educ.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 17,2021, LexisNexis #0521-008
Nov
03
2020
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.)
ABI Membership is required to access the full summary of Zagaroli, In re--Mitchell v. Zagaroli. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 03,2020, LexisNexis #1220-065
Pages
