- 11 U.S.C.
Rice, In re
Jun
17
2025
Ruling
Debtor’s third case filed in six years dismissed as debtor's intentional filing of third case while the second was still pending to avoid 180-day filing bar was evidence of a lack of good faith. (Bankr. W.D.N.C.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary Dismissal After Request for Relief From Stay.
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Court
:
- 11 U.S.C.
Green, In re
Nov
13
2024
Ruling
Confirmation of debtor's amended Chapter 13 plan was warranted as the debtor had a statutory right to amend the plan before confirmation. (Bankr. W.D.N.C.)
Issue(s)
Modification of Plan Before Confirmation.
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Court
:
- 11 U.S.C.
Pli Y Hmok, In re
Jun
24
2024
Ruling
Postpetition sale that resulted in the termination of a tenancy by the entirety extinguished anyexemption created by the Bankruptcy Code in the proceeds. (Bankr. W.D.N.C.)
Issue(s)
Property of the Estate.
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Court
:
- 28 U.S.C.
Grayson O Co., In re
Jul
31
2023
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.)
Issue(s)
Change of Venue.
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Court
:
- 11 U.S.C.
Jerrell, In re
Apr
26
2023
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.)
Issue(s)
Compensation of Officers; Determination of Amount; Compensation Disallowed; Exception in Cases Under Chapters 12 and 13.
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Turnage, In re
Aug
26
2022
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.)
Issue(s)
Treatment of Certain Liens; Order of Distribution of Property Subject to Tax Liens.
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Court
:
- 11 U.S.C.
Kisielka, In re
Mar
02
2022
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.)
Issue(s)
Modification of Plan After Confirmation.
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Gabbidon Builders LLC, In re
Aug
13
2021
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.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.
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Court
:
- 11 U.S.C.
Gabbidon Builders Builders, LLC, In re
May
14
2021
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.)
Issue(s)
Confirmation of Plan; Requirements; Subsequent Liquidation or Further
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Zagaroli, In re--Mitchell v. Zagaroli
Nov
03
2020
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.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of
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