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.

analysis of examination under Rule 2004 vs. discovery under Rule 26

Rule 2004, Published No

UCC § 1-203; determination of whether an agreement created a true lease or a security interest

UCC & other State Law Issues, Published No

motion for sanctions for violation of the stay denied; discussion of §362(a)(1) and §362(a)(6) and whether the stay applies to actions against guarantors or property owned by guarantors

Automatic Stay, Published No

Tennessee judgment binding on parties through collateral estoppel; all the elements of plaintiff's §523(a)(4) claim were established by virtue of the Tennessee judgment

Discharge/Dischargeability, Published No

objection to claim sustained; creditor did not provide sufficient notice to debtor of the assessment of attorneys' fee pursuant to N.C. Gen. Stat. §45-91(1)

Claims, Published No

plan not proposed in good faith; confirmation denied

Chapter 13 Plans, Published Yes

determination of whether contractual relationship was a true lease or disguised security interest

Assumption/Rejection, Published Yes

determination that previously entered Settlement Agreement did not address causes of action brought in subsequent State Court cases

Settlement Agreements, Published Yes

objection to claim sustained in part: portion of the claim constitutes a domestic support obligation

Claims, Published Yes

discussion of whether a condominium may be properly exempted as a health aid

Exemptions, Published Yes

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