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Ivester v. Miller

Appellant attachment lienors challenged a decision of the Bankruptcy Court for the Middle District of North Carolina, which denied the lienors relief from the automatic stay of 11 U.S.C.S. § 362 in order to prosecute a pre-petition state court action against the debtor.
Ruling: 
Bankruptcy court did not err in denying relief from stay to allow creditor to pursue prepetition state court action.
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Consumer case opionion summary, case decided on December 04,2008, LexisNexis #0109-072

Payne v. Wyeth Pharms. Inc.

In a negligence action brought by plaintiff, defendant filed a motion in limine to exclude plaintiff's medical bills.
Ruling: 
Medical bills discharged in bankruptcy could not be used as evidence of special damages in debtor's negligence action.
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Consumer case opionion summary, case decided on November 12,2008, LexisNexis #1208-084

Lynch v. Haenke

Appellant Bankruptcy Administrator challenged a decision of the United States Bankruptcy Court for the Eastern District of North Carolina, which denied her motion to dismiss appellee Chapter 7 debtor's case for abuse pursuant to 11 U.S.C.S. § 707(b).
Ruling: 
Debtor properly included contractually due mortgage payment on Form B22A even though debtor had stopped making payments.
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Consumer case opionion summary, case decided on September 30,2008, LexisNexis #1008-121

DaimlerChrysler Fin. Servs. Americas LLC v. Jones (In re Jones)

Defendant creditor appealed a decision of the Bankruptcy Court for the Southern District of West Virginia, which ordered the creditor to return to plaintiffs, a chapter 7 debtor and his non-debtor wife, the vehicle it repossessed.
Ruling: 
Order for return of vehicle repossessed after debtors failed to redeem or reaffirm reversed.
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Consumer case opionion summary, case decided on September 29,2008, LexisNexis #0109-073

Brantley v. Williams

Plaintiffs, the putative purchasers of stock in the non-party debtor corporation from defendant seller, moved for a temporary restraining order and preliminary injunction to enjoin the sale of the stock pending the outcome of the involuntary bankruptcy case. The court considered the issue whether unusual circumstances were present, such that the automatic stay in the bankruptcy case should apply restrain further action in the instant case.
Ruling: 
Dispute involving purchase of non-party involuntary debtor corporation's stock stayed pending resolution of bankruptcy.
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Consumer case opionion summary, case decided on August 18,2008, LexisNexis #0908-001

United States v. Henry

Intervening plaintiffs filed a motion for sanctions and the issuance of an order to show cause why movant should not have been held in contempt of court.
Ruling: 
Criminal contempt proceeding for debtor's deletion of computer files that were subject to subpeona was not subject to stay.
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Consumer case opionion summary, case decided on July 01,2008, LexisNexis #0708-112

Cincinnati Ins. Co. v. American Glass Indus. Inc.

Plaintiff, an insurance company, filed a motion to vacate a prior court order that had granted a motion to stay the action pending the disposition of a bankruptcy proceeding of the debtor defendant, that had been brought by the codefendants, joint and several obligors of the debtor and the owners of 92 percent of the debtor.
Ruling: 
Granting of motion to stay brought by debtor's co-defendants in industry action vacated.
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Commercial case opionion summary, case decided on May 16,2008, LexisNexis #0608-037

Barker v. King

Plaintiff was one of numerous people who filed 124 civil actions in the Circuit Court of Putnam County (West Virginia), alleging that defendants, a doctor, a hospital, and others, were liable for injuries the doctor caused. Defendants removed the cases to federal district court, and plaintiffs filed a consolidated motion to remand.
Ruling: 
124 medical malpractice cases against debtor and others remanded to state court for expeditious resolution.
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Consumer case opionion summary, case decided on March 13,2008, LexisNexis #0408-062

Barker v. King

Plaintiff patients filed 124 civil actions in the Circuit Court of Putnam County (West Virginia), alleging that defendants, a doctor, a hospital, and others, were liable for injuries the patients sustained. Defendants removed the cases to federal district court, and the patients filed a motion to remand.
Ruling: 
124 medical malpractice cases against debtor remanded to state court.
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Consumer case opionion summary, case decided on March 13,2008, LexisNexis #0408-025

Lynch v. Parrish

Appellant, a bankruptcy administrator, sought review of a decision of the United States Bankruptcy Court for the Eastern District of North Carolina, which denied the administrator's motion to dismiss the petition filed by appellee debtor. The administrator contended that dismissal was warranted under the means test of 11 U.S.C.S. § 707(b).
Ruling: 
Bankruptcy court properly denied administrator's motion for abuse dismissal where debtor's means test calculation was proper.
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Consumer case opionion summary, case decided on February 14,2008, LexisNexis #0308-085

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