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.

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

motion to reopen denied

Reopenings, Published No

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

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