North Carolina Eastern District
Factors in permitting separate classification of debts include moral obligation and tangible benefit.
Plain language of Section 547 defeated what could have been an easily avoided preference.
Bankruptcy judge says a chapter 13 debtor receives ‘several benefits’ from paying 8% in commissions on mortgage payments through the trustee.
Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.
‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.
Automatic stay nonetheless may preclude collecting judgment from estate property.
Evidence Rule 701 requires the homeowner’s opinion on value, not someone else’s.
Superpriority claim only ensures recovery of filing day interest and principal.
Debtors once again stuck paying post-filing condo charges on abandoned home.