North Carolina New Sch. Inc., In re
Oct
26
2020
Ruling
Court sustained trustee's objection to creditor's claim that was received by the clerk's officeone day after the deadline because the mailbox presumption did not apply to the filing of aproof of claim under Rule 3002(c). (Bankr. M.D.N.C.)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing.
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Court
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Williams, In re--Williams v. CitiFinancial Servicing LLC
Jan
24
2020
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.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.
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Court
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Hunter, In re
Feb
19
2019
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.)
Issue(s)
Conversion; By the Debtor.
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Court
:
Randle, In re--Randle v. Saga Auto Sales, Inc.
Sep
04
2018
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.)
Issue(s)
Automatic Stay; Scope.
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Court
:
- 11 U.S.C.
Carter, In re
May
11
2017
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.)
Issue(s)
Definitions; “Family Farmer”; Individual.
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Court
:
In re Carter
Jan
20
2017
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.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
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Court
:
Miller v. Jeffries (In re Jeffries)
Nov
19
2015
Ruling
Discharge denied due to debtor's transfer of property to brother fifteen days before petition date and failure to properly disclose the transfer.
Issue(s)
Should debtor's discharge be denied due to knowing and fraudulent false oaths and fraudulent transfers?
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Court
:
- 11 U.S.C.
Bennett v. United Sates Dept. of Educ.
Sep
22
2015
Ruling
Proceeding for discharge of student loan debt dismissed as to loan servicer.
Issue(s)
Should debtor's proceeding for discharge of student loan debt be dismissed as to the loan servicer?
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Court
:
In re Badgett
Aug
31
2015
Ruling
Secured bank's claim for attorneys' fees allowed over debtor's objection.
Issue(s)
Was oversecured creditor entitled to attorneys' fees over debtor's objection?
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Court
:
- 11 U.S.C.
In re Ready
Jun
08
2015
Ruling
Plan confirmed over objection of debtor's former spouse where limited ability to pay was not due to bad faith.
Issue(s)
Should confirmation of chapter 13 plan in debtor's second case, filed within eight years after commencement of prior chapter 7 case, be denied for bad faith on objection of former spouse?
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Court
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