Comments: motion for relief from stay denied; bank failed to file a UCC-3 continuation statement when the original financing statement expired post-petition
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.
determination of whether the Bankruptcy Court has the authority to enter final judgments on multiple causes of action asserted in five different Adversary Proceedings
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
§727(a)(2) -transfer of assets of the estate with an intent to hinder, delay, or defraud an officer of the estate; discharge denied
analysis of the authority of the Bankruptcy Court to enter final judgments
§727(a)(4)(A) - schedules and statements contain materially incorrect information made with the intent to deceive; discharge denied
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.
motion to reopen denied
Debtor violated Sections 727(a)(2), 727(a)(3) and 727(a)(4); discharge denied
post-petition change in circumstances may be considered in the context of a motion to dismiss pursuant to Section §707(b); case dismissed