- 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.
ABI Membership is required to access the full summary of Jacobs, In re--Gray Layton Kersh Solomon Furr & Smith, P.A. v. Jacobs Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Leviner, In re--Leviner v. Leviner Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Grand Dakota Partners, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Matteson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Bronikowski, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Tillman, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of DesignLine Corp., In re--Rudisill v. Combs Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Cole, In re--Cole v. James B. Nutter & Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Jeff Benfield Nursery, Inc.
Jan
24
2017
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.
ABI Membership is required to access the full summary of In re Jeff Benfield Nursery, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Cole v. James B. Nutter & Co. (In re Cole) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: