Western District

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

Grand Dakota Partners, LLC, In re

Ruling: 
Transfer of two cases to the U.S. Bankruptcy Court for the District of North Dakota wasgranted for convenience of the parties and for the best interest of justice. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on August 28,2017, LexisNexis #1017-028

Bronikowski, In re

Ruling: 
Female debtor did not need to use an exemption to protect it from the trustee becauseanticipated bonus is not property of the estate. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on June 16,2017, LexisNexis #0717-073

Tillman, In re

Ruling: 
Motion to dismiss denied where debtor was allowed to satisfy credit counseling requirement on the same day her bankruptcy case commenced. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on March 08,2017, LexisNexis #0417-032

DesignLine Corp., In re--Rudisill v. Combs

Ruling: 
Bankruptcy court declined to exercise jurisdiction over third-party claims because attemptingto adjudicate the third-party claims concurrently with the primary actions would result inmore expense. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on February 15,2017, LexisNexis #0317-086

Cole, In re--Cole v. James B. Nutter & Co.

Ruling: 
Pro se chapter 13 debtors were bound by the court's order dismissing their action because they have expressly, knowingly, and voluntarily consented to the court's final adjudication. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on February 06,2017, LexisNexis #0317-053

In re Jeff Benfield Nursery, Inc.

Ruling: 
Relief from automatic stay was not warranted where financing arrangements disguised asgrow contracts adequately protected creditor's interest. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on January 24,2017, LexisNexis #0217-077

Cole v. James B. Nutter & Co. (In re Cole)

Ruling: 
Debtors did not have a standing to bring claims without the trustee and trustee may not bejoined to cure debtor's problem with standing. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on January 05,2017, LexisNexis #0217-048

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