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.

In re Casey (Case No. 12-50074) 02/19/2014
(Judge Catharine R. Aron)

The Court denied confirmation of the debtor's proposed plan on the grounds that a lienholder's rights may not be modified with respect to a non-debtor's interest in a property held in tenancy by the entirety.

Chapter 13 Plans, Published No

The Court denied the Trustee's motion, pursuant to 11 U.S.C. §363(f)(4), for private sale of realty and to transfer liens to proceeds of sale. The Court found that because the applicable statute of limitations prevented the Trustee from bringing an adversary proceeding to avoid the lien, the Trustee could not show that the lien was "in bona fide dispute." Moreover, the Trustee's motion was procedurally inadequate. 

Strong Arm Powers, Published Yes

The Court granted defendant's motion to dismiss, finding that plaintiff's claim that defendant failed to substantially comply with N.C. Gen. Stat. § 161-22(h) was not facially plausible.  

Lien Avoidance, Published Yes

The Court granted in part and denied in part defendants' motion to dismiss the adversary proceeding.  In denying certain counts of the motion to dismiss, the Court relied on the doctrines of res judicata and judicially estoppel.

UCC & other State Law Issues, Published No

Court granted defendant's motion for summary judgment on plaintiff's claims for fraud, slander, and unfair and deceptive trade practices. Moreover, court held the plaintiff was judicially estopped from bringing the action.

Summary Judgment, Published No
In re Gore (Case No. 12-81724) 09/23/2013
(Judge Catharine R. Aron)

Court denied Debtor's objection to the claim of Horton Hills Homeowners Association. 

Claims, Published Yes

Debtor sought to avoid a judicial lien.  The Court referred to North Carolina law to determine whether to classify the mobile home as real or personal property.  Afterwards, the Court determined applicable exemptions and determined that the Debtor was entitled to partially avoid the judgment lien.

Lien Avoidance, Published No

After determining that the individuals are eligible to be Debtors pursuant to 11 U.S.C. 109(g) and adopting the casual connection approach, the Court granted the Debtors' Motion to Extend the Automatic Stay.

Eligibility, Published No

Case dismissed with prejudice with a 1-year bar from filing any bankruptcies under Title 11 in any bankruptcy court in the United States.

Dismissal, Published No

The Court held that it will not pierce the corporate veil.  However, the claim is nondischargeable pursuant to 11 USC 523(a)(4).

Discharge/Dischargeability, Published Yes

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