- 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
:
- 11 U.S.C.
Jacobs, In re--Gray Layton Kersh Solomon Furr & Smith, P.A. v. Jacobs
Dec
28
2017
Ruling
Court dismissed the adversary proceeding with prejudice as plaintiff failed to show thatdebtor committed actual fraud or made a fraudulent misrepresentation to the company.(Bankr. W.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 11 U.S.C.
Leviner, In re--Leviner v. Leviner
Sep
08
2017
Ruling
Objection to confirmation sustained as the debtor's mortgage obligation to his ex-spouse wasa domestic support obligation and a priority claim. (Bankr. W.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.
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Court
:
- 28 U.S.C.
Grand Dakota Partners, LLC, In re
Aug
28
2017
Ruling
Transfer of two cases to the U.S. Bankruptcy Court for the District of North Dakota wasgranted for convenience of the parties and for the best interest of justice. (Bankr. W.D.N.C.)
Issue(s)
Change of Venue.
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Court
:
- 11 U.S.C.
Matteson, In re
Aug
08
2017
Ruling
Bankruptcy petition preparer was fined, ordered to disgorge fees and pay debtor's expenses,and enjoined from committing future violations. (Bankr. W.D.N.C.)
Issue(s)
Penalty for Persons Who Negligently or Fraudulently Prepare Bankruptcy Petitions.
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Court
:
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.
DesignLine Corp., In re--Rudisill v. Combs
Feb
15
2017
Ruling
Bankruptcy court declined to exercise jurisdiction over third-party claims because attemptingto adjudicate the third-party claims concurrently with the primary actions would result inmore expense. (Bankr. W.D.N.C.)
Issue(s)
Bankruptcy Cases and Proceedings.
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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
: