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.

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
In re Page (Case No. 13-51224) 10/07/2014
(Judge Catharine R. Aron)

The Court dismissed Debtors' case because Debtors did not file their Chapter 13 petition in good faith pursuant to 11 U.S.C. § 1307(c).

Dismissal, Published Yes

State court judgment non-dischargeable under 11 U.S.C. § 523(a)(4)

Discharge/Dischargeability, Published Yes

Objection to fee application of Debtors' counsel in individual Chapter 11 case overruled; interim compensation pursuant to Section 331 may be paid from property of the estate and is not required to be paid from non-exempt funds.  Court will not wihhold authorization for disbursement of the interim compensation until confirmation of the plan.

Fees/Compensation, Published No

Order denying motion to vacate order disallowing claim for improper service.

Service, Published No

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