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

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

addresses the effect of a "no money down" arrangement between debtors and their attorneys under Chapter 13 of the Bankruptcy Code

Administrative Expenses, Published Yes

Complaint dismissed as untimely. Deadline to object to the discharge extended; deadline to object to the dischargeability of a certain debt was not.

Discharge/Dischargeability, Published No

§§523(a)(2)(A) and (a)(6)- Plaintiff failed to establish existence of an interest in the personal property in question. Judgment entered in favor of the Defendant. 

Discharge/Dischargeability, Published No

FRCP 12(b)(6) motion to dismiss granted;  addresses the anti-modification clause in §1322(b)(2) and whether the language in the deed of trust creates a security interest in escrow funds

Chapter 13 Plans, Published No

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