Bronikowski, In re
Jun
16
2017
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.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.
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Court
:
Tillman, In re
Mar
08
2017
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.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.
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Court
:
- 28 U.S.C.
Cole, In re--Cole v. James B. Nutter & Co.
Feb
06
2017
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.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Core Proceedings.
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Court
:
- 28 U.S.C.
Cole v. James B. Nutter & Co. (In re Cole)
Jan
05
2017
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.)
Issue(s)
Procedures; Proceedings Related to Bankruptcy; Authority to Hear.
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Court
:
Providence Real Estate Ventures, LLC v. Great Circle Capital, LLC (In re GCC-Chase, LLC)
Jul
29
2016
Ruling
Reference of adversary proceeding withdrawn for limited purpose of allowing mediation.(Bankr. W.D.N.C.)
Issue(s)
Should the bankruptcy court withdraw
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Court
:
- FRBP
In re Banner
Jun
02
2016
Ruling
Attorneys sanctioned for agreeing to represent a chapter 13 debtor in filing and then abandoning their representation without notice to the debtor and permission of the court.
Issue(s)
Should attorneys be sanctioned for abandoning representation of debtor?
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Court
:
- 11 U.S.C.
In re Bodrick
Apr
14
2016
Ruling
Paralegal ordered to forfeit fees earned in assisting debtors in filing cases, which amounted to unauthorized practice of law.
Issue(s)
Should paralegal be sanctioned for flagrantly disregarded the requirements of § 110 governing the activities of bankruptcy petition preparers and for engaging in the unauthorized practice of law?
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Court
:
- 11 U.S.C.
In re Johnson
Feb
17
2016
Ruling
Loan servicer violated the automatic stay by repeatedly calling and mailing debtors afterreceiving notice of bankruptcy filing. (Bankr. W.D.N.C.)
Issue(s)
Did loan servicer violate the automatic stay by contacting debtor?
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Court
:
- 11 U.S.C.
In re AT-NET Services-Charlotte Inc.
Aug
17
2015
Ruling
Undersecured creditor's claim against debtor's receivables was not of inconsequential value and could be elected to be treated as secured.
Issue(s)
Whether undersecured creditor's interest is "of inconsequential value" which would prevent the creditor from electing to have its entire claim treated as secured.
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Court
:
- 11 U.S.C.
In re Runnels
May
11
2015
Ruling
Debtor could modify plan due to substantial, unanticipated change for the worse of financial circumstances.
Issue(s)
Could debtor modify chapter 13 plan due to unanticipated change in financial circumstances due to worsening of disability?
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Court
: