Judge Duncan

Broughton, In re

Ruling: 
Debtor's motion for recusal was denied as Chapter 7 trustee faithfully and competentlyperformed his duties and no extraordinary circumstances existed to justify any reduction ofhis commission. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 31,2020, LexisNexis #1020-027

Jones, In re--Jones v. Lexington Health Servs. Dist., Inc.

Ruling: 
Debtors' causes of action against state medical center were not barred by sovereign immunity. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on July 08,2020, LexisNexis #0820-072

Moses-Adams, In re

Ruling: 
Debtor's motion to vacate the discharge order to enter into a reaffirmation agreement denied as the agreement would be unenforceable. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on July 06,2020, LexisNexis #0820-037

DeWayne, In re--DeWayne v. First Nat'l Bank

Ruling: 
Trustee's failure to pursue nondisclosed claim does not constitute abandonment by the trustee. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-052

De Caris, In re--LM Ins. Corp. v. De Caris

Ruling: 
Defendant's discharge denied as he failed to keep and preserve records from which hisfinancial condition and business transactions could be ascertained. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on May 23,2018, LexisNexis #0718-022

Elizabeth H. Lisenby Estate Prot. Trust, In re

Ruling: 
Involuntary chapter 7 bankruptcy petition had to be dismissed as sole creditor's claim wassubject to bona fide disputes. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on March 06,2018, LexisNexis #0618-062

Keisler, In re

Ruling: 
Debtors permitted to exercise right of redemption by making payments to creditor through chapter 13 plan. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on October 16,2017, LexisNexis #1117-112

DC Dev., Inc., In re

Ruling: 
Creditors could not be considered claim holders as the judgments which served as basis for involuntary petition had already been extinguished. (Bankr. D.S.C.)
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Commercial case opionion summary, case decided on June 08,2017, LexisNexis #0717-034

Gup's Hill Plantation, LLC, In re

Ruling: 
Confirmation of plan denied as the plan proposed to alter the rights of all three classes thathad not voted to accept debtor's plan. (Bankr. D.S.C.)
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Commercial case opionion summary, case decided on May 03,2017, LexisNexis #0717-023

Goss, In re

Ruling: 
Trustee's decision to approve settlement was within her business judgment where the amount owed to two creditors was more than the money that the estate had on hand. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on March 08,2017, LexisNexis #0417-051

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