Opinions

 

The NCMB offers a database of opinions for the years 2000 onward, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

Court granted motion to dismiss complaint with prejudice in light of confirmed chapter 11 plan.

Chapter 11 Plans, Published No

Motion for sanctions for violation of the automatic stay denied. There was no violation of the automatic stay as the property at issue was not §541 property of the bankruptcy estate.

Property of the Estate, Published No

Bankruptcy case transferred pursuant to 28 U.S.C. § 1406 due to improper venue.

Venue, Published No

The court granted in rem relief to the creditor pursuant to its motion for relief from stay under 11 U.S.C. § 362(d)(4), whereby a third party, not the debtor, engaged in a scheme to delay or hinder the creditor's foreclosure proceedings in certain real property with multiple purported transfers of title.

Automatic Stay, Published No

The court sustained the Debtors' objections to the claims of the oversecured creditor, Carolina Farm Credit, ACA, which included 15% of the outstanding balance of the indebtedness owed by the Debtors on the petition date as attorneys' fees.  The court will  review all attorneys' fees in oversecured creditors' claims for reasonableness under the Fourth Circuit standards.

Fees/Compensation, Published No

Case dismissed for cause under section 1112(b), including substantial continuing loss and an absence of a reasonable likelihood of rehabilitation, unexcused and untimely filing of schedules and monthly report, and bad faith.

Dismissal, Published No
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