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Stockwell, In re

Ruling
Debtor's third and fourth bankruptcy cases dismissed for bad faith. (Bankr. E.D.N.C.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Consumer opinion summary, case decided on December 21, 2017 , LexisNexis #0118-111

In re NOA, LLC

Ruling
Appointing a chapter 11 trustee is in the best interests of the estate and creditors when thedebtor's plan of reorganization involved liquidation of the majority of his assets. (Bankr.E.D.N.C.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States Trustee.

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Commercial opinion summary, case decided on September 29, 2017 , LexisNexis #1117-024

Ward, In re

Ruling
Second deed of trust was wholly unsecured and may be avoided. (Bankr. E.D.N.C.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.

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Consumer opinion summary, case decided on July 19, 2017 , LexisNexis #0817-098

Stelma Props., LLC, In re

Ruling
Court disallowed bank's application for postpetition interest, attorneys' fees, and costs as theLLC's bankruptcy plan overrode the bank's right to recover. (Bankr. E.D.N.C.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Commercial opinion summary, case decided on July 10, 2017 , LexisNexis #0817-067

Strongs, In re

Ruling
Debtor was ineligible to be a debtor since the 180-day bar was in effect at the time of the filingof the instant chapter 7 case. (Bankr. E.D.N.C.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals.

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Consumer opinion summary, case decided on June 13, 2017 , LexisNexis #0717-062

Maloney v. N.C. Dep't of Revenue

Ruling
Motion to dismiss allowed where complaint fails to meet the Iqbal/Twombley standard forstating a claim for relief. (Bankr. E.D.N.C.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on March 02, 2017 , LexisNexis #0417-015

Sorge, In re--Fed. Ins. Co. v. Sorge

Ruling
Insurance company's claim that a state court judgment it obtained was nondichargeable under § 523(a)(4) was dismissed as the employee's status as an employee did not create a fiduciary relationship. (Bankr. E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on February 06, 2017 , LexisNexis #0317-035

In re Yahweh Ctr., Inc.

Ruling
Court allowed objection to certain document requests as the privacy interests of repondentsoutweighed debtor's right to know the information sought. (Bankr. E.D.N.C.)
Issue(s)
Examination.

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Commercial opinion summary, case decided on January 23, 2017 , LexisNexis #0217-098

In re Cooper

Ruling
Motion for adequate protection was denied where court found that any deterioration in valueof second-position lienholder's interest in the property resulted from the change in lienposition, and not from the debtors' use of the property. (Bankr. E.D.N.C.)
Issue(s)
Use, Sale, or Lease of Property; Adequate Protection.

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Consumer opinion summary, case decided on January 20, 2017 , LexisNexis #0217-078

In re Yahweh Ctr., Inc.

Ruling
Appointment of committee of unsecured priority wage claimants approved. (Bankr. E.D.N.C.)
Issue(s)
Should the bankruptcy court appoint a committee of unsecured priority wage claimants?

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Commercial opinion summary, case decided on September 28, 2016 , LexisNexis #1016-096