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.

motion to dismiss AP under Federal Rules 8, 9(b) and 12(b)(6); motion denied in part, granted in part

Dismissal, Published No

analysis of the authority of the Bankruptcy Court to enter final judgments

Stern v. Marshall, Published Yes

§727(a)(4)(A) - schedules and statements contain materially incorrect information made with the intent to deceive; discharge denied

Discharge/Dischargeability, Published No

avoidance of deed of trust under section 544(a)(1)

Lien Avoidance, Published Yes

IRS may enforce lien against property owned by a third-party; transfer of judgment proceeds deemed fraudulent and plaintiff is not a good-faith transferee for value.

UCC & other State Law Issues, Published Yes
In re Gill (Case No. 11-80976) 08/22/2011
(Judge Catharine R. Aron)

ch 7 trustee's objection to exemption overruled

Exemptions, Published No

motion to allow late filed proof of claim denied

Claims, Published No
In re Nunnery (Case No. 80267) 08/17/2011
(Judge Catharine R. Aron)

Debtor with only equitable ownership interest in property could cram down secured claim in Ch 13 plan

Chapter 13 Plans, Published No

motion to reopen denied

Reopenings, Published No

claim based on pre-petition default judgment; debtor precluded by res judicata from relitigating the claim; objection to claim overruled

Claims, Published No

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