Judge Beyer

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.)
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Commercial case opionion summary, case decided on August 13,2021, LexisNexis #0921-078

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

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

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

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

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

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