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 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
In re Drake (Case No. 09-52371) 01/06/2015
(Judge Catharine R. Aron)

Debtors' motion for sanctions for violating the automatic stay was granted when a creditor sent a second billing notice to the debtors. Creditor had notice of the debtors' bankruptcy and was informed of its stay violation after the first billing notice was sent to the debtors. 

Automatic Stay, Published No

Debtors moved for permission to employ special counsel to possibly challenge a judgment in state court that was the basis of the largest claim against the Debtors. The Court granted the Motion based on the Plan language and pursuant to section 327(e).  

Employment, Published No

Plaintiff deemed as a matter of law to have ratified the transactions at issue in the complaint.

Dismissal, Published Yes

Order dismissing case filed during 180-day bar period with prejudice.

Dismissal, Published No

Opinion granting motion for summary judgment, applying equitable tolling to the two year look-back period of 11 U.S.C. § 523(a)(1)(B)(ii).

Tax, Published No

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