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
:
- 11 U.S.C.
Roberson, In re
Oct
22
2020
Ruling
Motion for proposed private sales denied where approval of a sale of property under § 1206 isheld exclusively by the chapter 12 trustee. (Bankr. E.D.N.C.)
Issue(s)
Sales Free of Interests.
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Court
:
- 11 U.S.C.
Floyd, In re
Oct
20
2020
Ruling
Authorization for pre-confirmation payment of prepetition tax debt denied absentsufficient business reason to bypass the usual confirmation procedure. (Bankr. E.D.N.C.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing; Not in the Ordinary Course of
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Court
:
Rouse, In re
Oct
02
2020
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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Court
:
- 11 U.S.C.
K & J Farms, LLC, In re
Oct
01
2020
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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Court
:
- 11 U.S.C.
Gray, In re--Louisiana Workforce Comm'n v. Gray
Aug
10
2020
Ruling
Creditor's motion seeking a judgment that debt owed by debtor was nondischargeable wasgranted as the debtor represented that he was unemployed even during periods he wasemployed and earning wages. (Bankr. W.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
Rishel, In re--Prof'l Garage Door Sys. v. Rishel
Jul
30
2020
Ruling
Debt was nondischargeable where debtor failed to show shooting of minor stepson wassubstantially justified. (Bankr. S.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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Court
:
- 11 U.S.C.
Hanks, In re
Jul
20
2020
Ruling
Motion to dismiss granted where student loan expenses were not "special circumstances" anddid not overcome the presumption of abuse under 11 U.S.C. § 707(b)(2). (Bankr. W.D. La.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;
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Court
:
- 11 U.S.C.
Gafford, In re
Jun
25
2020
Ruling
Counsel was to receive compensation for fees associated with representing the debtor in a workers compensation proceeding as the contract allowed for counsel to recover 20 percent of the benefits. (Bankr. W.D. La.)
Issue(s)
Debtor’s Transactions with Attorneys.
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Court
:
( Judge Wheelis ) [ Bankruptcy Court ]
- 11 U.S.C.
First NBC Bank Holding Co., In re
May
01
2020
Ruling
Plan was confirmed as it did not violate the absolute priority rule where Treasury retained allof its pre-petition rights and was not losing any right to payment under the plan. (Bankr. E.D.La.)
Issue(s)
Confirmation of Plan.
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Court
: