analysis of the authority of the Bankruptcy Court to enter final judgments
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.
Thomas W. Waldrep, Jr.
Stern v. Marshall, Published Yes
§727(a)(4)(A) - schedules and statements contain materially incorrect information made with the intent to deceive; discharge denied
Discharge/Dischargeability, Published No
IRS may enforce lien against property owned by a third-party; transfer of judgment proceeds deemed fraudulent and plaintiff is not a good-faith transferee for value.
UCC & other State Law Issues, Published Yes
Debtor violated Sections 727(a)(2), 727(a)(3) and 727(a)(4); discharge denied
Dismissal, Published Yes
post-petition change in circumstances may be considered in the context of a motion to dismiss pursuant to Section §707(b); case dismissed
Dismissal, Published No
FRCP 12(b)(6) motion on multiple claims; motion granted in part, denied in part
Dismissal, Published Yes
plaintiff filed a motion for remand, or, in the alternative, for mandatory abstention, or, in further alternative, permissive abstention; motions denied
Abstention, Published Yes
procedure for employment under §328; determination of reasonable compensation pursuant to §330
Fees/Compensation, Published Yes
complaint failed to state a claim for which relief may be granted; AP dismissed
Discharge/Dischargeability, Published No
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