Judge Callaway

Floyd, In re

Ruling: 
Authorization for pre-confirmation payment of prepetition tax debt denied absentsufficient business reason to bypass the usual confirmation procedure. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 20,2020, LexisNexis #1220-005

K & J Farms, LLC, In re

Ruling: 
Confirmation of amended Chapter 12 plan denied for improper cramdown of FSA claim.(Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on October 01,2020, LexisNexis #1120-071

Rouse, In re

Ruling: 
Chapter 12 debtor's hardship discharge denied without prejudice to reconsideration if thedebtor were to pay a balance determined by the court. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 02,2020, LexisNexis #1120-072

Goldberg, In re

Ruling: 
Proceeds in excess of foreclosing creditor's security interest in property remained subject tothe automatic stay. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on March 27,2020, LexisNexis #0520-065

Coley, In re--DirecTV, LLC v. Coley

Ruling: 
Debt resulting from conversion and larceny of communications signal was nondischargeable.(Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 24,2019, LexisNexis #1219-064

Steele, In re--Swift Fin. Corp. v. Steele

Ruling: 
Debt was dischargeable as creditor failed to show embezzlement given uncontradictedevidence in debtor’s favor. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 08,2019, LexisNexis #1019-034

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

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

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

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

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