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.

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

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

Creditor objected to confirmation of chapter 13 plan based on 11 U.S.C. 1322(a)(2) and 1325(a)(3). The Court found cause to overrule the Creditor's objection and confirm Debtor's Plan.

Chapter 13 Plans, Published No
In re Price (Case No. 17-10488) 10/19/2017
(Judge Catharine R. Aron)

Debtors attempted to separately classify a student-loan debt and proposed to make monthly payments on the debt using their discretionary income. The Court denied confirmation of the plan under 1322(b)(1).

Chapter 13 Plans, Published No

Cause exists to dismiss the Chapter 11 case pursuant to 11 U.S.C. § 1112(b) and no evidence was offered to support a finding that the appointment of a Chapter 11 trustee is in the best interest of creditors and the estate.

Dismissal, Published No

Court denied defendant's motion for summary judgment or partial summary judgment as to a complaint seeking revocation of the defendant's discharge under 727(d)(1).

Summary Judgment, Published No

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