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Debtor Sanctioned with Dismissal of Case And 10-Year Bar to Refiling After Forging Letter to Mortgage Lender and Ignoring Court...

The U.S. Bankruptcy Court for the Eastern District of North Carolina recently granted a motion filed by the standing Chapter 13 Trustee (“Trustee”), seeking to have the Chapter 13 Bankruptcy case filed by the debtors Marcus...more

2017 Amendments to Bankruptcy Rules Do Not Permit Lien Avoidance Through Chapter 13 Plan

The U.S. Bankruptcy Court for the Eastern District of North Carolina recently rejected a debtor’s argument that the 2017 Amendments to Rules 3012 and 3015 of the Federal Rules of Bankruptcy Procedure permitted her to avoid a...more

Mere Retention of Property of the Estate Does Not Violate the Automatic Stay

The Supreme Court of the United States has resolved a split in the circuits as to whether an entity that is passively retaining possession of property in which a bankruptcy estate has an interest has an affirmative obligation...more

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