The federal exemptions apply to the Debtor, and the Debtor's life insurance proceeds are reasonably necessary for the Debtor's support and exempt under 11 U.S.C. 522(d)(11)(C).
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.
Catharine R. Aron
The Court held that an inherited IRA is exempt under 11 U.S.C. § 522(b)(3)(C)
Exemptions, Published No
The twelve monthly $3500.00 payments made by Debtor to Defendant are not preferences as a matter of law because the debt was not owed by the Debtor.
Preferences, Published Yes
Court awarded $740.00 due to creditor violating the discharge injunction; 11 U.S.C. § 524
Discharge/Dischargeability, Published No
Summary judgment granted in favor of Creditor; Usury; Usurious Late Fees; Truth in Lending Act; Fraudulent Misrepresentation; Actual Fraud; Unfair and Deceptive Trade Practices
Summary Judgment, Published No
Thomas W. Waldrep, Jr.
Motions for Summary Judgment- Determination of whether corn is property of the estate, whether Defendant has a security interest in the corn and proceeds, and whether the Plaintiff may avoid Defendant's unperfected security interest pursuant to §544(a). Section 553 and the right to setoff also discussed.
UCC & other State Law Issues, Published Yes
cross motions for summary judgment; analysis of whether deed of trust specifically describes the underlying debt it secures and whether certain certain pieces of property are fixtures.
UCC & other State Law Issues, Published No
Debtor's complaint seeks a §523(a)(19) determination on a debt owed to the SEC pursuant to a settlement and that civil penalty owed does not constitute debt under §101(12); Rule 12(b)(6) motion to dismiss AP denied in part, granted in part.
Discharge/Dischargeability, Published No
Determination that 1968 Mustang is property of the estate and title did not transfer to creditor: motion for relief from stay denied; motion for turnover granted; and motion to extend time to challenge discharge and dischargeability of debt and file a proof of claim denied.
Property of the Estate, Published No
