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.

Following the Brunner  test, the Court concluded that the Defendants had not established facts in the record sufficient for the purposes of summary judgment to find that Plaintiff lacked good faith or that repayment of her student loans would not cause her undue hardship.  The Court would not find that no payment options in student loan repayment plans consitituted repayment under the Brunner  standard.

Discharge/Dischargeability, Published Yes

Debtors submitted a plan for confirmation that modified a mortgage creditor's interest rate. Under § 1322(c)(2), a debtor may modify the payment of a claim for a debt secured by the debtor's principal residence when payments will come due during the life of the plan. The Fourth Circuit in Witt determined that § 1322(c)(2) only allows for the modification of the payment of the claim and not the claim itself. The definition of a claim is broadly construed to include a mortgage creditor's interest rate. Because the debtors proposed to modify the mortgage creditor's interest rate, and therefore its claim, the plan could not be confirmed. 

Chapter 13 Plans, Published Yes

Order granting motion to designate as a Single Asset Real Estate pursuant to §§ 101(51B) and 362(d)

Automatic Stay, Published No

Motion to impose the automatic stay denied when the debtor did not overcome the presumption that he filed his petition in bad faith. The debtor filed three petitions within a single year. The debtor's timing and motive in filing the three petitions, the effect of his petitions on the most significant creditor, the reasons his prevoius cases were dismissed, the likelihood that he will have steady income, and the objections of interested parties all weigh against imposing the automatic stay. Additionally, the nature of the debtor's debt, a note on which he is not liable, also counsels against imposing the stay.   

Automatic Stay, Published No

Debtor moved to reject the Private Mortgage Insurance portion of a deed of trust on her primary residence (or modify her Chapter 13 Plan to the same effect). The court denied the motion under 1322(b).

Chapter 13 Plans, Published No

Motion to Quash and Motion for Protective Order both denied because defendants did not have standing to quash subpoenas issued to their banks. 

Discovery, Published No

Dismissal of Chapter 11 case for cause under Section 1112 due to substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation, plus gross mismanagement of the estate

Dismissal, Published No

Creditor's complaint obecting to dischargeability of overpayment of public assistance benefits granted in part pursuant to § 523(a)(2)(B).

Discharge/Dischargeability, Published No

The Court granted the Debtor's motion to reopen her closed Chapter 13 case pursuant to Section 350(b).

Reopenings, Published No

Court has subject matter jurisdiction, statutory authority, and constitutional authority to hear and determine non-dischargeability claim, liquidate the claim, and enter final judgment

Stern v. Marshall, Published Yes

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