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Western District

Conklin, In re--Juber v. Conklin

Ruling: 
Oral loan debt was dischargeable as it was neither extended as nor intended to be aneducational loan. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on August 26,2019, LexisNexis #1019-089

Bestwall LLC, In re

Ruling: 
Dismissal of debtor's Chapter 11 case was not appropriate as debtor had sufficient assets tomeet obligations and continue as a growing concern. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on July 29,2019, LexisNexis #0919-093

BK Racing, LLC, In re

Ruling: 
Trustee was not required to pay an invoice which was not due and payable at the time ofdebtor's charter sale. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on February 14,2019, LexisNexis #0319-079

Wilson, In re

Ruling: 
Bankruptcy petition preparer violated numerous provisions by failing to sign documents andprovide notice to the debtor of his role and his fees. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on February 20,2019, LexisNexis #0319-074

Schletter Inc., In re

Ruling: 
Court requested limited withdrawal of reference of proceedings related to creditor's failure tocomply with court orders. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on January 07,2019, LexisNexis #0319-045

Smith, In re--Smith v. Smith

Ruling: 
Court found that the state court's order directing the debtor to pay his ex-wife from his 401(k) plan was a nondischargeable domestic support obligation as debtor was primary source of income for his family and his wife was not likely to earn more than the minimum wage. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-044

Belding-Miller, In re

Ruling: 
Creditor was sanctioned for willful violations of the discharge injunction where he sued thedebtor in state court to recover the debt after debtor declared chapter 7 bankruptcy andreceived a discharge. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on May 10,2018, LexisNexis #0618-050

Jacobs, In re--Gray Layton Kersh Solomon Furr & Smith, P.A. v. Jacobs

Ruling: 
Court dismissed the adversary proceeding with prejudice as plaintiff failed to show thatdebtor committed actual fraud or made a fraudulent misrepresentation to the company.(Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on December 28,2017, LexisNexis #0218-018

Leviner, In re--Leviner v. Leviner

Ruling: 
Objection to confirmation sustained as the debtor's mortgage obligation to his ex-spouse wasa domestic support obligation and a priority claim. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on September 08,2017, LexisNexis #1017-079

Matteson, In re

Ruling: 
Bankruptcy petition preparer was fined, ordered to disgorge fees and pay debtor's expenses,and enjoined from committing future violations. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on August 08,2017, LexisNexis #1017-064

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