- 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
:
- 28 U.S.C.
Grayson O Co., In re
Jul
31
2023
Ruling
Debtor's motion to transfer was denied as it would serve neither the interests of justice nor theconvenience of the parties. (Bankr. W.D.N.C.)
Issue(s)
Change of Venue.
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Court
:
- 11 U.S.C.
Jerrell, In re
Apr
26
2023
Ruling
Bankruptcy court did not err in disallowing the debtor's attorney's request for fees for appearing at a hearing in support of a fee application. (Bankr. W.D.N.C.)
Issue(s)
Compensation of Officers; Determination of Amount; Compensation Disallowed; Exception in Cases Under Chapters 12 and 13.
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Turnage, In re
Aug
26
2022
Ruling
Debtor could not be deprived of a homestead exemption to pay administrative expenses evenwhen a bankruptcy court found that a trustee had to incur over $500,000 in attorney's fees dueto the debtor's fraud. (Bankr. W.D.N.C.)
Issue(s)
Treatment of Certain Liens; Order of Distribution of Property Subject to Tax Liens.
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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
:
- 11 U.S.C.
Kisielka, In re
Mar
02
2022
Ruling
Debtor was not entitled to amend the means test and modify his plan as the original meanstest properly excluded his social security income and included his VA disability benefits.(Bankr. W.D.N.C.)
Issue(s)
Modification of Plan After Confirmation.
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Court
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Gabbidon Builders LLC, In re
Aug
13
2021
Ruling
Attorney's fee application was denied because the attorney accepted a cashier's check from thedebtor and used the funds to pay his retainer fee and Chapter 11 filing fee. (Bankr. W.D.N.C.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.
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Court
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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.
Dockins, In re
Jun
04
2021
Ruling
Trustee was not entitled to turnover of funds from a 401(k) plan that debtor inherited from afriend prior to filing for Chapter 7 bankruptcy as the transfer restrictions were enforceable.(Bankr. W.D.N.C.)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in
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Court
:
- 11 U.S.C.
Gabbidon Builders Builders, LLC, In re
May
14
2021
Ruling
Debtor's proposed plan was not confirmed as the plan was not feasible and the likelyexplanation for the debtor's poor financial performance was the debtor's poor management ofits business. (Bankr. W.D.N.C.)
Issue(s)
Confirmation of Plan; Requirements; Subsequent Liquidation or Further
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Court
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