Skip to main content

Page Banner(Taxonomy)

judge duncan

Broughton, In re

Ruling
Debtor's motion for recusal was denied as Chapter 7 trustee faithfully and competentlyperformed his duties and no extraordinary circumstances existed to justify any reduction ofhis commission. (Bankr. E.D.N.C.)
Issue(s)
Compensation of Officers; Determination of Amount; Trustee Compensation Treated

ABI Membership is required to access the full summary of Broughton, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 31, 2020 , LexisNexis #1020-027

Jones, In re--Jones v. Lexington Health Servs. Dist., Inc.

Ruling
Debtors' causes of action against state medical center were not barred by sovereign immunity. (Bankr. D.S.C.)
Issue(s)
Procedures.

ABI Membership is required to access the full summary of Jones, In re--Jones v. Lexington Health Servs. Dist., Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Consumer opinion summary, case decided on July 08, 2020 , LexisNexis #0820-072

Moses-Adams, In re

Ruling
Debtor's motion to vacate the discharge order to enter into a reaffirmation agreement denied as the agreement would be unenforceable. (Bankr. D.S.C.)
Issue(s)
Effect of Discharge.

ABI Membership is required to access the full summary of Moses-Adams, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Consumer opinion summary, case decided on July 06, 2020 , LexisNexis #0820-037

DeWayne, In re--DeWayne v. First Nat'l Bank

Ruling
Trustee's failure to pursue nondisclosed claim does not constitute abandonment by the trustee. (Bankr. D.S.C.)
Issue(s)
Abandonment of Property of the Estate.

ABI Membership is required to access the full summary of DeWayne, In re--DeWayne v. First Nat'l Bank Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 24, 2018 , LexisNexis #1018-052

De Caris, In re--LM Ins. Corp. v. De Caris

Ruling
Defendant's discharge denied as he failed to keep and preserve records from which hisfinancial condition and business transactions could be ascertained. (Bankr. D.S.C.)
Issue(s)
Discharge; Grounds for Denial; Failure to Keep or Preserve Books or Records.

ABI Membership is required to access the full summary of De Caris, In re--LM Ins. Corp. v. De Caris Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 23, 2018 , LexisNexis #0718-022

Elizabeth H. Lisenby Estate Prot. Trust, In re

Ruling
Involuntary chapter 7 bankruptcy petition had to be dismissed as sole creditor's claim wassubject to bona fide disputes. (Bankr. D.S.C.)
Issue(s)
Involuntary Cases; Commencement.

ABI Membership is required to access the full summary of Elizabeth H. Lisenby Estate Prot. Trust, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 06, 2018 , LexisNexis #0618-062

Keisler, In re

Ruling
Debtors permitted to exercise right of redemption by making payments to creditor through chapter 13 plan. (Bankr. D.S.C.)
Issue(s)
Contents of Plan; Discretionary Provisions.

ABI Membership is required to access the full summary of Keisler, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 16, 2017 , LexisNexis #1117-112

DC Dev., Inc., In re

Ruling
Creditors could not be considered claim holders as the judgments which served as basis for involuntary petition had already been extinguished. (Bankr. D.S.C.)
Issue(s)
Involuntary Cases.

ABI Membership is required to access the full summary of DC Dev., Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 08, 2017 , LexisNexis #0717-034

Gup's Hill Plantation, LLC, In re

Ruling
Confirmation of plan denied as the plan proposed to alter the rights of all three classes thathad not voted to accept debtor's plan. (Bankr. D.S.C.)
Issue(s)
Confirmation of Plan; Cramdown.

ABI Membership is required to access the full summary of Gup's Hill Plantation, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 03, 2017 , LexisNexis #0717-023

Goss, In re

Ruling
Trustee's decision to approve settlement was within her business judgment where the amount owed to two creditors was more than the money that the estate had on hand. (Bankr. D.S.C.)
Issue(s)
Duties of Trustee.

ABI Membership is required to access the full summary of Goss, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 08, 2017 , LexisNexis #0417-051