- 11 U.S.C.
Houck, In re--Houck v. Substitute Tr. Servs.
Oct
06
2020
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.)
Issue(s)
Automatic Stay.
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Court
:
Morrone, In re
Aug
27
2020
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.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
:
- 11 U.S.C.
St Gilles, In re
Nov
27
2019
Ruling
Debtor's pro se Chapter 7 petition was dismissed for failure to file a certificate of creditcounseling. (Bankr. W.D.N.C.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling; Approved Nonprofit Agency.
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Court
:
- 11 U.S.C.
Conklin, In re--Juber v. Conklin
Aug
26
2019
Ruling
Oral loan debt was dischargeable as it was neither extended as nor intended to be aneducational loan. (Bankr. W.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans; Other
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Court
:
- 11 U.S.C.
Bestwall LLC, In re
Jul
29
2019
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.)
Issue(s)
Effect of Confirmation; Discharge; When Debtor is Not Discharged.
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Court
:
- 11 U.S.C.
Wilson, In re
Feb
20
2019
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.)
Issue(s)
Penalty for Persons Who Negligently or Fraudulently Prepare Bankruptcy Petitions.
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Court
:
- 11 U.S.C.
BK Racing, LLC, In re
Feb
14
2019
Ruling
Trustee was not required to pay an invoice which was not due and payable at the time ofdebtor's charter sale. (Bankr. W.D.N.C.)
Issue(s)
Executory Contracts and Unexpired Leases.
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Court
:
Schletter Inc., In re
Jan
07
2019
Ruling
Court requested limited withdrawal of reference of proceedings related to creditor's failure tocomply with court orders. (Bankr. W.D.N.C.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.
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Court
:
- 11 U.S.C.
Smith, In re--Smith v. Smith
Aug
24
2018
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.
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Court
:
- 11 U.S.C.
Belding-Miller, In re
May
10
2018
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.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
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