Mar
22
2019
Yahweh Ctr., Inc., In re--Cook v. Roberts
Ruling:
Complaint in avoidance proceeding was dismissed as it failed to allege facts that couldestablish that debtor paid fees to the bank with the intent to hinder, delay, or defraud the IRS.(Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on March 22,2019, LexisNexis #0519-068
Jul
19
2018
Stiletto Mfg., In re
Ruling:
Court held that there was no executory contract for the debtor to reject or assume where both the original agreement and the modified agreement were executed in the ordinary course of the debtor's business. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on July 19,2018, LexisNexis #0818-099
May
04
2018
Yahweh Ctr., In re
Ruling:
Trustee's motion seeking interpretation and construction of the debtor's plan was allowed asthe AP Deadline did not apply to bar causes of action the trustee asserted on behalf of thedebtor's estate. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on May 04,2018, LexisNexis #0618-021
Dec
21
2017
Stockwell, In re
Ruling:
Debtor's third and fourth bankruptcy cases dismissed for bad faith. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on December 21,2017, LexisNexis #0118-111
Sep
29
2017
In re NOA, LLC
Ruling:
Appointing a chapter 11 trustee is in the best interests of the estate and creditors when thedebtor's plan of reorganization involved liquidation of the majority of his assets. (Bankr.E.D.N.C.)
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Commercial case opionion summary, case decided on September 29,2017, LexisNexis #1117-024
Jul
19
2017
Ward, In re
Ruling:
Second deed of trust was wholly unsecured and may be avoided. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on July 19,2017, LexisNexis #0817-098
Jul
10
2017
Stelma Props., LLC, In re
Ruling:
Court disallowed bank's application for postpetition interest, attorneys' fees, and costs as theLLC's bankruptcy plan overrode the bank's right to recover. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on July 10,2017, LexisNexis #0817-067
Jun
13
2017
Strongs, In re
Ruling:
Debtor was ineligible to be a debtor since the 180-day bar was in effect at the time of the filingof the instant chapter 7 case. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on June 13,2017, LexisNexis #0717-062
Mar
02
2017
Maloney v. N.C. Dep't of Revenue
Ruling:
Motion to dismiss allowed where complaint fails to meet the Iqbal/Twombley standard forstating a claim for relief. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on March 02,2017, LexisNexis #0417-015
Feb
06
2017
Sorge, In re--Fed. Ins. Co. v. Sorge
Ruling:
Insurance company's claim that a state court judgment it obtained was nondichargeable under § 523(a)(4) was dismissed as the employee's status as an employee did not create a fiduciary relationship. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 06,2017, LexisNexis #0317-035
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