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 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

Summary judgment granted in favor of Creditor; Usury; Usurious Late Fees; Truth in Lending Act; Fraudulent Misrepresentation; Actual Fraud; Unfair and Deceptive Trade Practices

Summary Judgment, Published No

Determination that 1968 Mustang is property of the estate and title did not transfer to creditor: motion for relief from stay denied; motion for turnover granted; and motion to extend time to challenge discharge and dischargeability of debt and file a proof of claim denied.

Property of the Estate, Published No

Determination of whether certain attorneys' fee and expenses are entitled to administrative expense status.

Fees/Compensation, Published Yes

valuation of vehicle with salvage title

Claims, Published No

addresses the effect of a "no money down" arrangement between debtors and their attorneys under Chapter 13 of the Bankruptcy Code

Administrative Expenses, Published Yes

12(b)(6) motion to dismiss claims for declaratory relief, breach of fiduciary duty, a RESPA violation, and unfair and deceptive trade practices granted

UCC & other State Law Issues, Published No

Debtor’s liability to Lawyers Title, including treble damages under UDTPA, found nondischargeable pursuant to Section 523(a)(2)(B

Discharge/Dischargeability, Published No

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