The Court granted in part and denied in part defendants' motion to dismiss the adversary proceeding. In denying certain counts of the motion to dismiss, the Court relied on the doctrines of res judicata and judicially estoppel.
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Catharine R. Aron
Court granted defendant's motion for summary judgment on plaintiff's claims for fraud, slander, and unfair and deceptive trade practices. Moreover, court held the plaintiff was judicially estopped from bringing the action.
Court denied Debtor's objection to the claim of Horton Hills Homeowners Association.
Debtor sought to avoid a judicial lien. The Court referred to North Carolina law to determine whether to classify the mobile home as real or personal property. Afterwards, the Court determined applicable exemptions and determined that the Debtor was entitled to partially avoid the judgment lien.
After determining that the individuals are eligible to be Debtors pursuant to 11 U.S.C. 109(g) and adopting the casual connection approach, the Court granted the Debtors' Motion to Extend the Automatic Stay.
Case dismissed with prejudice with a 1-year bar from filing any bankruptcies under Title 11 in any bankruptcy court in the United States.
The Court held that it will not pierce the corporate veil. However, the claim is nondischargeable pursuant to 11 USC 523(a)(4).
The Court determined the amount of the allowed secured claim that the Debtors must pay to redeem the Tahoe under 11 U.S.C. § 722 and analyzed whether the analysis is any different in a case that converts from a chapter 13 to a 7.
The Court denied the Debtor's motion for recusal and/or disqualification.
The Court held that while there was an automatic stay in effect as to the property of the estate, the subject property was not property of the estate. The Court denied the debtor's motion for violation of the automatic stay.