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.

Debtor awarded $5,115 in compensatory damages and $10,000 in punitive damages for creditor’s egregious and willful violation of the automatic stay

Automatic Stay, Published No

$1400 payment by debtor to law firm for unpaid balance of fee owed from previous case is an avoidable preferential transfer

Preferences, Published No

§§523(a)(2)(A) and (a)(6)- Plaintiff failed to establish existence of an interest in the personal property in question. Judgment entered in favor of the Defendant. 

Discharge/Dischargeability, Published No

valuation for purposed of redemption

Redemption, Published No

motion to extend time for filing designation of items to be included in record on appeal

Appeals, Published No

FRCP 12(b)(6) motion to dismiss granted;  addresses the anti-modification clause in §1322(b)(2) and whether the language in the deed of trust creates a security interest in escrow funds

Chapter 13 Plans, Published No

case dismissed, section 109(h)

Dismissal, Published No

section 1322(b)(2) precludes modification of the secured claim because provision in deed of trust directing how payments are to be applied does not serve to create a security interest  in funds

Chapter 13 Plans, Published No

Trustee's objection to attorney fee for preparation of Notice of Mortgage Payment Change sustained

Fees/Compensation, Published No

Plaintiff's request that Defendant pay Plaintiff's attorney fees denied

Fees/Compensation, Published No

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