- 11 U.S.C.
In re Bodrick
Apr
14
2016
Ruling
Paralegal ordered to forfeit fees earned in assisting debtors in filing cases, which amounted to unauthorized practice of law.
Issue(s)
Should paralegal be sanctioned for flagrantly disregarded the requirements of § 110 governing the activities of bankruptcy petition preparers and for engaging in the unauthorized practice of law?
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Court
:
- 11 U.S.C.
In re Johnson
Feb
17
2016
Ruling
Loan servicer violated the automatic stay by repeatedly calling and mailing debtors afterreceiving notice of bankruptcy filing. (Bankr. W.D.N.C.)
Issue(s)
Did loan servicer violate the automatic stay by contacting debtor?
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Court
:
- 11 U.S.C.
In re Pace
Nov
02
2015
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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Court
:
Stiles v. Robbins (In re Robbins)
Aug
21
2015
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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Court
:
- 11 U.S.C.
In re AT-NET Services-Charlotte Inc.
Aug
17
2015
Ruling
Undersecured creditor's claim against debtor's receivables was not of inconsequential value and could be elected to be treated as secured.
Issue(s)
Whether undersecured creditor's interest is "of inconsequential value" which would prevent the creditor from electing to have its entire claim treated as secured.
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Court
:
- 11 U.S.C.
Johnson v. Meabon (In re Meabon)
Aug
13
2015
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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Court
:
Norvell v. Hatcher (In re Norvell)
Jun
11
2015
Ruling
State court judgment was not sufficiently specific to have collateral estoppel effect on issue of nondischargeability.
Issue(s)
Whether a state court judgment concluding that debtor was liable for damages for breach of contract but not for fraud or unfair and deceptive practices precluded creditor from asserting the resulting debt owed is nondischargeable in debtor's bankruptcy case?
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Court
:
- 11 U.S.C.
In re Runnels
May
11
2015
Ruling
Debtor could modify plan due to substantial, unanticipated change for the worse of financial circumstances.
Issue(s)
Could debtor modify chapter 13 plan due to unanticipated change in financial circumstances due to worsening of disability?
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Court
:
- 11 U.S.C.
Finley Group v. N.C. (In re Redf Mktg. LLC)
Mar
10
2015
Ruling
Proceeding to recover proceeds of fraudulent transfer from state was not barred by sovereign immunity.
Issue(s)
Was avoidance proceeding to recover transfer from state barred by operation of sovereign immunity?
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Court
:
- 11 U.S.C.
Blue Cross & Blue Shield of N.C. v. Jemsek Clinic P.A. (In re Jemsek Clinic P.A.)
Feb
06
2015
Ruling
Cross motions for sanctions denied absent misrepresentations or bad faith.
Issue(s)
Should either of two cross motions for sanctions between chapter 11 debtor clinic and health insurance company be granted?
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Court
: