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Eastern District

By Ed Boltz, 23 January, 2022

Bankr. E.D.N.C.: In re Cook- Mortgage Deduction on the Means Test not Capped at IRS Local Standard

Summary:

The Cooks filed a Chapter 13 bankruptcy and, being above median income, were required to calculate their "projected disposable income" using Official Form 122C-2. As their plan provided for the retention of their home and cure and maintenance of the on-going mortgage, they deducted their monthly mortgage payment of $2,233.34 from the Means Test, despite the IRS Local Standard for mortgage expenses being only $1,098.00.

By Ed Boltz, 13 December, 2021

E.D.N.C.: Rouse v. Nutrien AG Solutions, Inc.- Liquidation Test for Hardship Discharge Based on Values at Confirmation

Summary:

Mr. Rouse filed a Chapter 12 bankruptcy in November 2017, with a plan negotiated with his creditors, including Nutrien, being confirmed on May 23, 2017, with general unsecured creditors to receive $50,687.

By Ed Boltz, 12 December, 2021

E.D.N.C.: NewRez, L.L.C. v. Beckhart- Unclear Plan Provisions regarding Mortgage Provided Fair Ground of Doubt to Avoid Sanctions

Summary:

By Ed Boltz, 12 December, 2021

E.D.N.C.: Harris v. Piedmont Finance CNAC- Statute of Limitation for FCRA and Arbitration

Summary:

By Ed Boltz, 12 December, 2021

E.D.N.C.: Taylor v. Logan- Proceeds from Sale of Homestead

Summary:

Ruby Taylor filed a Chapter 13 bankruptcy on May 24, 2019, with a plan confirmed that paid both the mortgage for her home and the payment on her car directly and estimated no dividend to general unsecured creditors, of which the U.S. Department of Education had a claim for $355774.02 or 92% of such claims.

By Ed Boltz, 11 December, 2021

E.D.N.C.: Lesane v. Breeden- Rooker-Feldman bars Consumer Rights and Sovereign Citizen Claims regarding Child Custody

Summary:

By Ed Boltz, 26 July, 2021

Bankr. E.D.N.C.: BRRRT Properties v. Pfeifer- Nondischargeability under §523(a)(2)(a) and (a)(4); Credit for Payments under Judgement

Summary:

The parties involved in the transaction at issue ha previously agreed to a settlement with a judgment for $200,000 and also a confession of judgment for $446,000. Mr. Pfeifer satisfied the terms of the $200,000 judgement, through proceeds from the sale of property, the but after paying slightly more than $10,000 further, cease payments and filed bankruptcy.

By Ed Boltz, 23 February, 2021

Bankr. E.D.N.C.: Harden v. Harrison- Re-Designation of Beneficiary of Whole Life Insurance was not a Transfer

Summary:

On September 23, 2019, Mouzon Bass, the president of Ebenconcepts, Inc., which was the Debtor's former employer, assigned to the Debtor a whole life insurance policy with a cash value of $814,917.00 in consideration for the Debtor's shares in Ebenconcepts. At that time, Ebenconcepts was the beneficiary of the whole life insurance policy.

By Ed Boltz, 27 January, 2021

W.D.N.C.- Bryan v. Allied Interstate: FDCPA and Blocked Caller Identification

Summary:

By Ed Boltz, 27 January, 2021

E.D.N.C.- Conway v. Palczuk: Interlocutory Appeal of Order finding Discharge Violation

Summary:

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Eastern District

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