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Okeiyi, In re--Asilonu v. Okeiyi

Ruling
Debt related to debtor’s breach of her obligations under affidavit of support provided to enable plaintiff to immigrate to the U.S. was dischargeable. (Bankr. M.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on August 23, 2024 , LexisNexis #1124-011

Autry, In re

Ruling
Debtors were not entitled to convert their case to Chapter 13 as they acted in bad faith in their Chapter 7 case. (Bankr. M.D.N.C.)
Issue(s)
Conversion.

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Consumer opinion summary, case decided on August 15, 2024 , LexisNexis #1124-064

Myatt, In re

Ruling
Debtor’s vested interest in former spouse’s 401(k) was excluded from her bankruptcy estatepursuant to ERISA's antialienation provision. (Bankr. M.D.N.C.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

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Consumer opinion summary, case decided on September 06, 2023 , LexisNexis #1123-013

Hepler, In re--Miller v. Hepler

Ruling
The debtors were denied discharges as debtors knowingly and fraudulently made a false oath or account. (Bankr. M.D.N.C.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on March 30, 2023 , LexisNexis #0623-014

Randolph Hosp., Inc., In re--Robichaux v. Moses H. Cone Mem. Hosp. Operating Corp.

Ruling
Plaintiff failed to state a preferential transfer claim as he did not adequately plead that thedebtor was balance sheet insolvent at any point during the one-year period before the petitiondate. (Bankr. M.D.N.C.)
Issue(s)
Preferences; Avoidable Transfers.

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Commercial opinion summary, case decided on August 05, 2022 , LexisNexis #0922-090

Allen, In re

Ruling
Bankruptcy court denied creditor's motion to dismiss case that was not filed in the propervenue and transferred the case to the proper venue as efficient administration and judicialeconomy favored transfer. (Bankr. M.D.N.C.)
Issue(s)
Dismissal and Change of Venue.

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Consumer opinion summary, case decided on February 10, 2022 , LexisNexis #0622-025

Short, In re

Ruling
Extension of deadline to object to discharge denied as trustee failed to take any steps toacquire the information regarding the debtor's assets and liabilities. (Bankr. M.D.N.C.)
Issue(s)
Grant or Denial of Discharge; Extension of Time; Extention of Time for Objection

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Consumer opinion summary, case decided on November 30, 2021 , LexisNexis #0122-100

Swink, In re--Swink v. Fannie Mae

Ruling
Debtor's motion to dismiss granted in part as the debtor sufficiently alleged that defendantsfailed to properly credit payments during the prior bankruptcy case. (Bankr. M.D.N.C.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.

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Consumer opinion summary, case decided on October 12, 2021 , LexisNexis #1221-013

Wellington, In re

Ruling
Creditors' motion for stay pending appeal of denial of claims denied where creditors had notshown they were likely to succeed on the merits of the appeal. (Bankr. M.D.N.C.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings.

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Consumer opinion summary, case decided on May 20, 2021 , LexisNexis #0721-024

Wellington, In re

Ruling
Creditors' motion for stay pending appeal of denial of claims denied where creditors had notshown they were likely to succeed on the merits of the appeal. (Bankr. M.D.N.C.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings.

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Consumer opinion summary, case decided on May 20, 2021 , LexisNexis #0721-024