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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.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Commercial opinion summary, case decided on January 24, 2017 , LexisNexis #0217-077

In re Duvall

Ruling
Trustee allowed to abandon interest in three LLCs that were of inconsequential value andburdensome to the estate. (Bankr. W.D.N.C.)
Issue(s)
Abandonment of Property of the Estate; By Trustee.

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Consumer opinion summary, case decided on December 09, 2016 , LexisNexis #0117-051

In re Johnson

Ruling
Online bankruptcy petition preparer sanctioned for unauthorized practice of law. (Bankr. E.D.N.C.)
Issue(s)
Should bankruptcy petition preparer who offered services through a Web site be fined for providing legal advice and deceptively, knowingly signing documents that contained misrepresentations?

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Consumer opinion summary, case decided on September 28, 2016 , LexisNexis #1016-072

In re Story

Ruling
Trustee’s objection to secured claim status of claim secured by fixture overruled. (Bankr.W.D.N.C.)
Issue(s)
Should creditor’s objection to confirmation of the debtors' proposed chapter 13 plan be sustained?

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Consumer opinion summary, case decided on September 21, 2016 , LexisNexis #1016-057

Anderson v. Cellco Pship (In re Anderson)

Ruling
Motion to set aside arbitrator’s finding denying debtor recovery for violation of the automatic stay denied.
Issue(s)
Should arbitration award that denied debtor’s request for damages for violation of the automatic stay be set aside?

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Consumer opinion summary, case decided on June 21, 2016 , LexisNexis #0716-036

Taylor v. Crawford (In re Crawford)

Ruling
Discharge denied due to numerous false oaths by debtor.
Issue(s)
Should debtor’s discharge be denied due to false oaths, concealing or withholding property of the estate, and falsifying or failing to preserve financial records?

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Consumer opinion summary, case decided on June 09, 2016 , LexisNexis #0716-022

In re Temi Holdings LLC

Ruling
Venue transferred as venue requirements controlled over convenience considerations.
Issue(s)
On remand, what were the grounds for the bankruptcy court's order for transfer of venue?

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Commercial opinion summary, case decided on June 02, 2016 , LexisNexis #0616-132

In re Pace

Ruling
Debtor's attorney ordered to cancel promissory note for fees and release liens placed on property of the estate to secure the note.
Issue(s)
Whether a chapter 7 debtor's attorney may take a security interest in the debtor's property prior to filing bankruptcy to secure both pre- and post-petition professional fees?

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Consumer opinion summary, case decided on November 02, 2015 , LexisNexis #1115-124

Stiles v. Robbins (In re Robbins)

Ruling
Transfers to subsequent transferees who accepted in good faith for value were not avoidable.
Issue(s)
Could transfers of funds paid by debtors to construction company, which paid the funds to third parties as subsequent transferees, be recovered from the third parties?

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Consumer opinion summary, case decided on August 21, 2015 , LexisNexis #0915-059

Johnson v. Meabon (In re Meabon)

Ruling
Trustee's late filing of proceeding to revoke discharge was not a jurisdictional defect.
Issue(s)
Should revocation of discharge be vacated where trustee's proceeding was filed outside of the one-year time limit?

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Consumer opinion summary, case decided on August 13, 2015 , LexisNexis #0915-022