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Stone, In re--Stone v. Mo. Higher Educ. Loan Auth.

Ruling
Chapter 7 case dismissed for substantial abuse as debtor underreported income, maintained excessive lifestyle, and failed to show good faith. (Bankr. W.D.N.C.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.

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Consumer opinion summary, case decided on August 08, 2025 , LexisNexis #1025-040

Berry, In re

Ruling
Creditor’s negative statements about debtor at a political convention and on social media did not violate the automatic stay. (Bankr. W.D.N.C.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on August 08, 2025 , LexisNexis #1025-030

Ray, In re

Ruling
IRS willfully violated discharge injunction but debtor had to exhaust administrative remedies before seeking damages in bankruptcy. (Bankr. W.D.N.C.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on January 15, 2025 , LexisNexis #0325-063

Brooks, In re

Ruling
Debtor's proposed plan to pay a mortgage claim at Till rate of interest denied as the claim was secured only by the debtor's principal residence and the contract rate could not be modified. (Bankr. W.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on December 20, 2024 , LexisNexis #0325-072

Gabriel Custom Homes, LLC, In re

Ruling
Bankruptcy court denied creditor's motion for relief from an automatic stay of foreclose proceedings as there where factual issues as to whether the property was the debtor's domicile and whether a scheme had occurred to hinder or defraud the creditor. (Bankr. W.D.N.C.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property.

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Commercial opinion summary, case decided on September 30, 2024 , LexisNexis #1224-029