§707(b) (case not dismissed)
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.
petition preparer ordered to disgorge fees, matter referred to District Court for consideration of sanctions and damages
objection to claim of property exemptions overruled
petition preparer fined and enjoined from providing further services
Lena M. James
The Debtors originally filed a Chapter 13 case and their plan was confirmed. The Debtors then converted their case to a Chapter 7. Following the filing of the Bankruptcy Administrator's motion to deny the male Debtor a discharge pursuant to Bankruptcy Code section 727(a)(8), the Debtors filed a motion to reconvert their case back to Chapter 13. It is within the Court's discretion to allow or disallow a reconversion of a case from chapter 7 back to Chapter 13. However, in this case, the Debtors failed to demonstrate any facts which would persuade the Court to exercise its discretion to allow reconversion of their case.
Order granting motion to designate as a Single Asset Real Estate pursuant to §§ 101(51B) and 362(d)
Debtor moved to reject the Private Mortgage Insurance portion of a deed of trust on her primary residence (or modify her Chapter 13 Plan to the same effect). The court denied the motion under 1322(b).
Dismissal of Chapter 11 case for cause under Section 1112 due to substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation, plus gross mismanagement of the estate
The Court granted the Debtor's motion to reopen her closed Chapter 13 case pursuant to Section 350(b).
Debtors moved for permission to employ special counsel to possibly challenge a judgment in state court that was the basis of the largest claim against the Debtors. The Court granted the Motion based on the Plan language and pursuant to section 327(e).