Western District

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

St Gilles, In re

Ruling: 
Debtor's pro se Chapter 7 petition was dismissed for failure to file a certificate of creditcounseling. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on November 27,2019, LexisNexis #0120-027

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

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