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.

§§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

FRCP 12(c) - motion for judgment on the pleadings denied as to 9 of 10 claims; court makes proposed findings of fact and conclusions of law in support of granting the motion as to one claim

Judgment on the Pleadings, Published No

§727(a)(2) -transfer of assets of the estate with an intent to hinder, delay, or defraud an officer of the estate; discharge denied

Discharge/Dischargeability, Published No

analysis of the authority of the Bankruptcy Court to enter final judgments

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

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