Kennedy, In re
Dec
07
2023
Ruling
Compensation for lender’s attorney's fees and expenses incurred in state court collectionaction allowed only in part. (Bankr. W.D.N.C.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
:
- 11 U.S.C.
Ballantyne Brands, LLC v. Weisehan
Oct
02
2023
Ruling
Tax distributions paid legal liabilities owed by the company to defendants, were forreasonably equivalent value and could not be avoided. (Bankr. W.D.N.C.)
Issue(s)
Fraudulent Transfers and Obligations.
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Court
:
- 11 U.S.C.
JTR1, LLC, In re--Shuford v. Etaros Actuarial Servs., LLC
Aug
12
2022
Ruling
Trustee could not step into the shoes of the appropriate creditor to invoke the Fair DebtCollection Practices Act to avoid and recover transfers. (Bankr. W.D.N.C.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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Court
:
DBMP LLC, In re--DBMP LLC v. Those Parties Listed on Appendix A to Complaint
Aug
10
2021
Ruling
Official Committee of Asbestos Personal Injury Claimants' motion for relief from automaticstay denied as prejudice to the estate would result if the stay was lifted. (Bankr. W.D.N.C.)
Issue(s)
Effect of Discharge; Supplemental Injunctions in Chapter 11 Proceedings.
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Court
:
- 11 U.S.C.
Hock, In re--Hock v. Dep't of Educ.
Mar
17
2021
Ruling
Student loan debt was nondischargeable as debtor did not prove that based on currentincome and expenses, she could not repay her student loans and maintain a minimalstandard of living. (Bankr. W.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
:
- 11 U.S.C.
St Gilles, In re
Nov
27
2019
Ruling
Debtor's pro se Chapter 7 petition was dismissed for failure to file a certificate of creditcounseling. (Bankr. W.D.N.C.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling; Approved Nonprofit Agency.
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Court
:
- 11 U.S.C.
BK Racing, LLC, In re
Feb
14
2019
Ruling
Trustee was not required to pay an invoice which was not due and payable at the time ofdebtor's charter sale. (Bankr. W.D.N.C.)
Issue(s)
Executory Contracts and Unexpired Leases.
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Court
:
Schletter Inc., In re
Jan
07
2019
Ruling
Court requested limited withdrawal of reference of proceedings related to creditor's failure tocomply with court orders. (Bankr. W.D.N.C.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.
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Court
:
- 11 U.S.C.
Jacobs, In re--Gray Layton Kersh Solomon Furr & Smith, P.A. v. Jacobs
Dec
28
2017
Ruling
Court dismissed the adversary proceeding with prejudice as plaintiff failed to show thatdebtor committed actual fraud or made a fraudulent misrepresentation to the company.(Bankr. W.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 28 U.S.C.
DesignLine Corp., In re--Rudisill v. Combs
Feb
15
2017
Ruling
Bankruptcy court declined to exercise jurisdiction over third-party claims because attemptingto adjudicate the third-party claims concurrently with the primary actions would result inmore expense. (Bankr. W.D.N.C.)
Issue(s)
Bankruptcy Cases and Proceedings.
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Court
: