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In re Williams

Ruling
Changed financial circumstances that did not impact debtor’s ability to pay did not justifyplan modification. (Bankr. E.D.N.C.)
Issue(s)
Did mortgagee’s cancellation of debt justify a modification of debtor’s chapter 13 plan?

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Consumer opinion summary, case decided on July 28, 2016 , LexisNexis #0816-118

In re Cooper

Ruling
Debtor could not avoid either of two liens on property where there was at least one dollar ofvalue in excess of the second lien. (Bankr. E.D.N.C.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on June 08, 2016 , LexisNexis #1116-131

In re Harris-Townes

Ruling
Mother and daughter who filed separate petitions could not claim each other as dependents for purposes of means test.
Issue(s)
Could mother and daughter debtors claim each other as dependents for purposes of the means tests in their respective bankruptcy cases?

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Consumer opinion summary, case decided on April 18, 2016 , LexisNexis #0516-064

In re Black

Ruling
Bank sanctioned for refusing to comply with garnishment withdrawal in violation of theautomatic stay. (Bankr. E.D.N.C.)
Issue(s)
Whether bank should be sanctioned for continuing to debit debtor’s account pursuant to garnishment withdrawn by state revenue department following notice of debtor’s bankruptcy?

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Consumer opinion summary, case decided on March 14, 2016 , LexisNexis #1016-075

In re Brown

Ruling
Confirmation denied with leave to amend due to improper treatment of vehicle expense and lack of evidence to support inclusion of stepfather as member of household.

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Consumer opinion summary, case decided on March 04, 2016 , LexisNexis #0316-134

In re McGlohon

Ruling
Bankruptcy case filed on behalf of incompetent person by next friend requires a psychological evaluation. (Bankr. E.D.N.C.)
Issue(s)
Should case filed by next friend on behalf of allegedly incompetent individual debtor be dismissed?

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Consumer opinion summary, case decided on February 10, 2016 , LexisNexis #0916-073

In re Rosbottom

Ruling
Sale of residential property approved in best interests of the estate and creditors.
Issue(s)
Should chapter 11 trustee's motion for sale of debtor's property be granted?

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Consumer opinion summary, case decided on August 08, 2014 , LexisNexis #0914-039

In re LaTanya

Ruling
Attorney acting as a "debt relief agency" ordered to disgorge fees collected under agreement that did not comply with §528(a)(1)(B).
Issue(s)
Was attorney a "debt relief agency" and required to disgorge fees due to failure of retainer agreements to comply with § 528(a)(1)(B) by identifying the terms of payment?

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Consumer opinion summary, case decided on July 23, 2014 , LexisNexis #0814-091

In re Rosbottom

Ruling
Trustee's settlement of dispute over postpetition sale of vessel and airplane purchased with estate funds approved.
Procedural posture

The trustee, through a compromise motion under Fed. R. Bankr. P. 9019, sought to compromise purported disputes over the ownership of proceeds from the sale of a vessel and an airplane.

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Consumer opinion summary, case decided on February 22, 2012 , LexisNexis #0312-140

In re Rosbottom

Ruling
Approval granted for sale of mineral assets free and clear by trustee.
Procedural posture

Chapter 11 trustee filed a motion pursuant to 11 U.S.C.S. § 363(b) for an order authorizing and approving the auction sale of mineral assets free and clear of liens, encumbrances, and interests.

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Consumer opinion summary, case decided on December 01, 2010 , LexisNexis #0111-005