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.

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

motion to amend complaint to add preference claim granted and amendment relates back to date original complaint

Amendments to Pleadings, Published No

Comments: motion for relief from stay denied; bank failed to file a UCC-3 continuation statement when the original financing statement expired post-petition

Automatic Stay, Published No

determination of whether the Bankruptcy Court has the authority to enter final judgments on multiple causes of action asserted in five different Adversary Proceedings

Stern v. Marshall, Published Yes

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