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North Carolina Eastern District

Separate Classification of a Child’s Student Loan Barred in a Chapter 13 Plan

Factors in permitting separate classification of debts include moral obligation and tangible benefit.

Survivor in a Merger Can’t Sue for a Preference Made by a Dissolved Entity

Plain language of Section 547 defeated what could have been an easily avoided preference.

Requiring Conduit Mortgage Payments Is Ok Despite Costing the Debtor $5,300

Bankruptcy judge says a chapter 13 debtor receives ‘several benefits’ from paying 8% in commissions on mortgage payments through the trustee.

Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim

Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.

Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable

‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.

Government’s Common Law Fraud Suit Excepted from Automatic Stay

Automatic stay nonetheless may preclude collecting judgment from estate property.

Evidence Rule Gives Wide Latitude for a Homeowner’s Opinion on Value

Evidence Rule 701 requires the homeowner’s opinion on value, not someone else’s.

No Superpriority Claim for Fully Secured Lender’s Post-Petition Interest

Superpriority claim only ensures recovery of filing day interest and principal.

Judge Closes Loophole to Prevent Discharging Pre-Conversion Condo Charges

Debtors once again stuck paying post-filing condo charges on abandoned home.