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McKenzie, In re

Ruling
Debtors' lack of good faith warranted conversion to Chapter 7. (Bankr. E.D.N.C.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on October 24, 2024 , LexisNexis #0125-020

Wireless Sys. Solutions LLC, In re

Ruling
Bankruptcy court declined to hold the assignee's in contempt as debtor LLC did not show itsuffered harm tied to the bankruptcy case as a direct result of the assignees’ stay violation.(Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Scope.

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Commercial opinion summary, case decided on June 21, 2024 , LexisNexis #0824-079

Lyle, In re

Ruling
Unsecured creditor that committed the intentional act of mailing invoices with the imputedknowledge of the stay was subject to appropriate damages. (Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on June 21, 2024 , LexisNexis #0824-080

Dupree Farms, LLC v. Producers Agric. Ins. Co. (Dupree Farms, LLC)

Ruling
Bankruptcy court exercised post-confirmation "related to" jurisdiction over adversaryproceeding based on a close nexus to the underlying bankruptcy case. (Bankr. E.D.N.C.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In

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Commercial opinion summary, case decided on June 06, 2024 , LexisNexis #0824-023

Craig, In re

Ruling
Trustee who did not perform any non-trustee duties was not entitled to attorney fees forherself. (Bankr. S.D. Ala.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on June 12, 2023 , LexisNexis #0823-027

Hill, In re

Ruling
Bankruptcy code did not require that Chapter 13 plans be modified to account for postpetition personal injury claim proceeds as the claims were assets, not income. (Bankr. S.D. Ala.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on May 30, 2023 , LexisNexis #0823-040

Godwyn, In re

Ruling
Plan correctly provided for the full value of the creditor's claim, which under nonbankruptcy law was limited to the value of the property on the petition date plus post-petition interest. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.

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Consumer opinion summary, case decided on May 10, 2023 , LexisNexis #0723-021

Gross, In re

Ruling
Collateral estoppel barred re-litigation of the issue of willfulness previously determined in a binding arbitration between the same parties. (Bankr. E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on May 05, 2023 , LexisNexis #0623-088

Weakley Bayou, Inc., In re

Ruling
Bankruptcy court dismissed case as the lease-purchase validity issue could be handled in statecourt without running afoul of the bankruptcy court's jurisdictional limits. (Bankr. N.D. Fla.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on December 20, 2022 , LexisNexis #0223-066

Dorand, In re--Estate of Moss v. Dorand

Ruling
State court judgment against debtor resulting from a failed real estate development projectwas dischargeable as there were no specific factual findings and the bankruptcy court couldnot infer fraud. (Bankr. N.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on July 06, 2022 , LexisNexis #0822-088