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western district of north carolina

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.)
Issue(s)
Automatic Stay.

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Consumer opinion 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.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on August 27, 2020 , LexisNexis #1020-032

St Gilles, In re

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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Consumer opinion summary, case decided on November 27, 2019 , LexisNexis #0120-027

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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans; Other

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Consumer opinion 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.)
Issue(s)
Effect of Confirmation; Discharge; When Debtor is Not Discharged.

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Commercial opinion 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.)
Issue(s)
Penalty for Persons Who Negligently or Fraudulently Prepare Bankruptcy Petitions.

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Consumer opinion summary, case decided on February 20, 2019 , LexisNexis #0319-074

BK Racing, LLC, In re

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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Commercial opinion summary, case decided on February 14, 2019 , LexisNexis #0319-079

Schletter Inc., In re

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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Commercial opinion summary, case decided on January 07, 2019 , LexisNexis #0319-045

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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion 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.)
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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Consumer opinion summary, case decided on May 10, 2018 , LexisNexis #0618-050