Norvell v. Hatcher (In re Norvell)
Jun
11
2015
Ruling
State court judgment was not sufficiently specific to have collateral estoppel effect on issue of nondischargeability.
Issue(s)
Whether a state court judgment concluding that debtor was liable for damages for breach of contract but not for fraud or unfair and deceptive practices precluded creditor from asserting the resulting debt owed is nondischargeable in debtor's bankruptcy case?
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Court
:
- 11 U.S.C.
Finley Group v. N.C. (In re Redf Mktg. LLC)
Mar
10
2015
Ruling
Proceeding to recover proceeds of fraudulent transfer from state was not barred by sovereign immunity.
Issue(s)
Was avoidance proceeding to recover transfer from state barred by operation of sovereign immunity?
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Court
:
- 11 U.S.C.
Blue Cross & Blue Shield of N.C. v. Jemsek Clinic P.A. (In re Jemsek Clinic P.A.)
Feb
06
2015
Ruling
Cross motions for sanctions denied absent misrepresentations or bad faith.
Issue(s)
Should either of two cross motions for sanctions between chapter 11 debtor clinic and health insurance company be granted?
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Court
:
- 11 U.S.C.
Hadley v. Tano (In re Tano)
Feb
02
2015
Ruling
State court judgment based on willful and malicious injury to business partner through dissolution of company that caused shares to become worthless was nondischargeable.
Issue(s)
Whether a state court judgment for improper conduct in dissolution of corporation and breach of a non-compete agreement was nondischargeable as based on willful and malicious injury?
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Court
:
- 11 U.S.C.
In re Rose
Jul
08
2014
Ruling
Secured creditor was not required to accept title to property surrendered by debtor.
Issue(s)
Could debtor's quitclaim their property to lienholder, the Small Business Association, without the SBA's consent?
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Court
:
- 11 U.S.C.
In re Carolina Internet Ltd.
Apr
18
2014
Ruling
Sanctions against creditor denied where debtor acted in consort with creditor to subvert bankruptcy.
Issue(s)
Should creditor be sanctioned for filing state court action in violation of discharge injunction where debtor and creditor had an "under the table" agreement for repayment?
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Court
:
Sigmon v. Belk (In re Belk)
Apr
14
2014
Ruling
Discharge denied due to withholding of financial records and failure to explain loss of assets.
Issue(s)
Whether a debtor was to be denied his discharge for false oath, under 11 U.S.C.S. § 727(a)(4)(A), for withholding recorded information, under 11 U.S.C.S. § 727(a)(4)(D), and for failure to explain loss of assets, under 11 U.S.C.S. § 727(a)(5).
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Court
:
- 11 U.S.C.
Johnson v. Meabon (In re Meabon)
Apr
08
2014
Ruling
Predischarge motion to revoke discharge allowed and granted.
Issue(s)
Could trustee obtain a revocation of debtor's discharge when it learned about debtor's alleged fraud after the period for objecting to discharge had expired but before the discharge had been granted?
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Court
:
- 11 U.S.C.
Sigmon v. Cornerstone Home Lending (In re Sprouse)
Mar
11
2014
Ruling
Mortgage assignments did not violate stay.
Issue(s)
Did assignments by lenders of deeds of trust securing promissory note and home equity line of credit violate the automatic stay?
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Court
:
In re Marko
Mar
11
2014
Ruling
Motion to sell real estate free and clear denied so as to avoid granting bankruptcy relief to non-debtor co-owners, although property could be abandoned.
Issue(s)
Could trustee sell property owned by debtors with one debtor's parents free and clear or in the alternative could the property be abandoned?
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Court
: