Jan
02
2024
BK Racing, LLC, In re--Smith v. BK Racing, LLC
Ruling:
Sanctions were imposed on the defendant in avoidance proceeding as she had continuallyfailed and refused to comply with discovery. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on January 02,2024, LexisNexis #0224-085
Dec
21
2023
Chesney, In re
Ruling:
Creditor's motion to lift stay for debtor’s failure to disclose income from role as a personalrepresentative denied where debtor had not yet received income. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on December 21,2023, LexisNexis #0224-051
Dec
28
2023
Aldrich Pump LLC, In re
Ruling:
Motion to dismiss was denied absent satisfaction of the objective futility prong of the Carolintest. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on December 28,2023, LexisNexis #0224-040
Dec
07
2023
Kennedy, In re
Ruling:
Compensation for lender’s attorney's fees and expenses incurred in state court collectionaction allowed only in part. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on December 07,2023, LexisNexis #0124-080
Oct
02
2023
Ballantyne Brands, LLC v. Weisehan
Ruling:
Tax distributions paid legal liabilities owed by the company to defendants, were forreasonably equivalent value and could not be avoided. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on October 02,2023, LexisNexis #1223-010
Jul
31
2023
Grayson O Co., In re
Ruling:
Debtor's motion to transfer was denied as it would serve neither the interests of justice nor theconvenience of the parties. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on July 31,2023, LexisNexis #1023-021
Apr
26
2023
Jerrell, In re
Ruling:
Bankruptcy court did not err in disallowing the debtor's attorney's request for fees for appearing at a hearing in support of a fee application. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on April 26,2023, LexisNexis #0623-081
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.)
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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.)
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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.)
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Consumer case opionion summary, case decided on March 02,2022, LexisNexis #0422-092