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.

Catharine R. Aron

Ch. 13 debtor barred from refiling for 180 days

Dismissal, Published No

sanctions for violation of automatic stay

Automatic Stay, Published No

objection to a tax claim

Claims, Published No

proposed plan failed to meet the requirements of §1129(a)(3) & (a)(7)

Chapter 11 Plans, Published No

authority of a general power of attorney discussed

UCC & other State Law Issues, Published No

Motions for Summary Judgment-  Determination of whether corn is property of the estate, whether Defendant has a security interest in the corn and proceeds, and whether the Plaintiff may avoid Defendant's unperfected security interest pursuant to §544(a).  Section 553 and the right to setoff also discussed. 

UCC & other State Law Issues, Published Yes

cross motions for summary judgment; analysis of whether deed of trust specifically describes the underlying debt it secures and whether certain certain pieces of property are fixtures.

UCC & other State Law Issues, Published No

Debtor's complaint seeks a §523(a)(19) determination on a debt owed to the SEC pursuant to a settlement and that civil penalty owed does not constitute debt under §101(12); Rule 12(b)(6) motion to dismiss AP denied in part, granted in part.

Discharge/Dischargeability, Published No

Determination that 1968 Mustang is property of the estate and title did not transfer to creditor: motion for relief from stay denied; motion for turnover granted; and motion to extend time to challenge discharge and dischargeability of debt and file a proof of claim denied.

Property of the Estate, Published No

Determination of whether certain attorneys' fee and expenses are entitled to administrative expense status.

Fees/Compensation, Published Yes

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