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

Motion to impose the automatic stay denied when the debtor did not overcome the presumption that he filed his petition in bad faith. The debtor filed three petitions within a single year. The debtor's timing and motive in filing the three petitions, the effect of his petitions on the most significant creditor, the reasons his prevoius cases were dismissed, the likelihood that he will have steady income, and the objections of interested parties all weigh against imposing the automatic stay. Additionally, the nature of the debtor's debt, a note on which he is not liable, also counsels against imposing the stay.   

Automatic Stay, Published No

Motion to Quash and Motion for Protective Order both denied because defendants did not have standing to quash subpoenas issued to their banks. 

Discovery, Published No

Creditor's complaint obecting to dischargeability of overpayment of public assistance benefits granted in part pursuant to § 523(a)(2)(B).

Discharge/Dischargeability, Published No

Debtors' motion for sanctions for violating the automatic stay was granted when a creditor sent a second billing notice to the debtors. Creditor had notice of the debtors' bankruptcy and was informed of its stay violation after the first billing notice was sent to the debtors. 

Automatic Stay, Published No

Lena M. James

Debtor moved to reject the Private Mortgage Insurance portion of a deed of trust on her primary residence (or modify her Chapter 13 Plan to the same effect). The court denied the motion under 1322(b).

Chapter 13 Plans, Published No

Dismissal of Chapter 11 case for cause under Section 1112 due to substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation, plus gross mismanagement of the estate

Dismissal, Published No

The Court granted the Debtor's motion to reopen her closed Chapter 13 case pursuant to Section 350(b).

Reopenings, Published No

Benjamin A. Kahn

Court has subject matter jurisdiction, statutory authority, and constitutional authority to hear and determine non-dischargeability claim, liquidate the claim, and enter final judgment

Stern v. Marshall, Published Yes
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