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

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

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 under 11 U.S.C. 707(a) for lack of good faith.

Dismissal, Published No

Where attorney files purported reaffirmation agreement with affidavit that does not comply with section 524(c)(3), the court will conduct a hearing on the reaffirmation agreement under Local Rule 4008-1(d) at which the attorney signing the affidavit shall appear.

Reaffirmation, Published No

Judgment denying discharge under 727(a)(2) and awarding of damages to trustee for unauthorized disposition of estate assets.

Discharge/Dischargeability, Published No

The Debtor filed its current case on the next to the last day of the upset bid period following a report of foreclosure sale on its real property.  The Debtor's prior Chapter 11 case was dismissed earlier after the automatic stay had been lifted on the Debtor's property and no substantial assets remained in the case.  The current case was dismissed pursuant to 11 U.S.C. § 1112(b) based upon a lack of subjective good faith in filing the current case, the objective futility of the Debtor's reorganization, and the lack of any material change of circumstances from the time of the dismissal of the prior case to the filing of the current case.

Dismissal, Published No

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