Judge James

Williams, In re--Williams v. CitiFinancial Servicing LLC

Ruling: 
Motion to dismiss stay and discharge violation claims denied as creditor mortgage servicers’actions with regard to misapplied payments constitute violations of the discharge injunctionand automatic stay. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on January 24,2020, LexisNexis #0320-010

Hunter, In re

Ruling: 
Debtor's motion to convert case to Chapter 11 denied where his primary motive for conversionwas indicative of bad faith as he was in effect asking to shift the risk of unsuccessful litigationto his creditors. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on February 19,2019, LexisNexis #0419-019

Randle, In re--Randle v. Saga Auto Sales, Inc.

Ruling: 
Debtors' claims for relief dismissed as they violated chapter 75 of the North Carolina generalstatutes and defendant did not fall within the federal debt collection practices act definitionof a debt collector. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-065

Carter, In re

Ruling: 
Court dismissed debtor's case and barred her from filing another bankruptcy case for a period of one year due to her abuse of the bankruptcy code and filing her case in bad faith. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on May 11,2017, LexisNexis #0617-031

In re Carter

Ruling: 
Insurer lacked standing to seek dismissal of involuntary petition for bad faith as insurer didnot yet face a concrete and particularized injury that is actual or imminent. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on January 20,2017, LexisNexis #0217-092

Miller v. Jeffries (In re Jeffries)

Ruling: 
Discharge denied due to debtor's transfer of property to brother fifteen days before petition date and failure to properly disclose the transfer.
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Consumer case opionion summary, case decided on November 19,2015, LexisNexis #1215-063

Bennett v. United Sates Dept. of Educ.

Ruling: 
Proceeding for discharge of student loan debt dismissed as to loan servicer.
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Consumer case opionion summary, case decided on September 22,2015, LexisNexis #1015-086

In re Ready

Ruling: 
Plan confirmed over objection of debtor's former spouse where limited ability to pay was not due to bad faith.
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Consumer case opionion summary, case decided on June 08,2015, LexisNexis #0915-133

In re Carolina Pediatric Eye Props. LLC

Ruling: 
Case designated as single asset real estate case.
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Commercial case opionion summary, case decided on March 26,2015, LexisNexis #0515-071

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