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.

In re Nance (Case No. 07-81057) 06/12/2013
(Judge Catharine R. Aron)

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.

Redemption, Published Yes

The Court denied the Debtor's motion for recusal and/or disqualification. 

Recusal, Published Yes

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

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.

Automatic Stay, Published No

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).

Exemptions, Published No

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

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
In re Reid (Case No. 12-50322) 02/28/2013
(Judge Catharine R. Aron)

Court awarded $740.00 due to creditor violating the discharge injunction; 11 U.S.C. § 524

Discharge/Dischargeability, 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

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