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Edwin M. Hardy's Legal Cases (2)

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Chapter 13 bankruptcy

In re Daniels (Bankr.E.D.N.C., 2013)

Jan 29, 2013

OUTCOME: Ruled in favor of debtor. Personal injury settlement was protected and client kept proceeds.

Debtor in bankruptcy had a personal injury case accrue after filing a petition for Chapter 13 bankruptcy. Debtor obtained a substantial settlement. Trustee attempted to take the settlement to distribut ... e to creditors. Debtor's counsel objected and argued proceeds of settlement were exempt from collection and the proceeds were not disposable income. Trustee argued proceeds were disposable income and therefore must be paid to creditors. Debtor prevailed and kept funds.

Chapter 13 bankruptcy

In re Foster, 348 B.R. 58 (Bankr.E.D.N.C., 2006)

Aug 15, 2006

OUTCOME: Favorable To Client- Property Protected

Was debtor's home exempt as a homestead and therefore protected from being sold to pay creditors in a bankruptcy when the house was uninhabitable due to damage from a hurricane. Yes, the home was an ex ... empt and protected asset.