Judge Callaway

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

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

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

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

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

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

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

In re Yahweh Ctr., Inc.

Ruling: 
Court allowed objection to certain document requests as the privacy interests of repondentsoutweighed debtor's right to know the information sought. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on January 23,2017, LexisNexis #0217-098

In re Cooper

Ruling: 
Motion for adequate protection was denied where court found that any deterioration in valueof second-position lienholder's interest in the property resulted from the change in lienposition, and not from the debtors' use of the property. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on January 20,2017, LexisNexis #0217-078

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