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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.)
Issue(s)
Discharge; Hardship Discharge.

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Consumer opinion summary, case decided on October 02, 2020 , LexisNexis #1120-072

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.)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders; Retention of

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Commercial opinion summary, case decided on October 01, 2020 , LexisNexis #1120-071

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.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Certain Postpetition

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Consumer opinion 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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion 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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion 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.)
Issue(s)
Fraudulent Transfers and Obligations.

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Commercial opinion 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.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.

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Commercial opinion 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.)
Issue(s)
Modification of Plan.

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Commercial opinion 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.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Consumer opinion 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.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States Trustee.

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Commercial opinion summary, case decided on September 29, 2017 , LexisNexis #1117-024