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.

objection to claim of property exemptions overruled

Exemptions, Published No

petition preparer fined and enjoined from providing further services

Petition Preparers, Published No

Lena M. James

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).

Chapter 13 Plans, Published No

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

Dismissal, Published No

The Court granted the Debtor's motion to reopen her closed Chapter 13 case pursuant to Section 350(b).

Reopenings, Published No

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).  

Employment, Published No

Order dismissing case filed during 180-day bar period with prejudice.

Dismissal, Published No

Objection to fee application of Debtors' counsel in individual Chapter 11 case overruled; interim compensation pursuant to Section 331 may be paid from property of the estate and is not required to be paid from non-exempt funds.  Court will not wihhold authorization for disbursement of the interim compensation until confirmation of the plan.

Fees/Compensation, Published No

Trustee's Objection to Debtor's Exemption of whole life insurance policy sustained.

Exemptions, Published No

The Court dismissed a pro se Chapter 11 Debtor's case where the Debtor filed the petition without counsel and failed to obtain counsel before the hearing on the Bankruptcy Administrator's Motion to Dismiss.

Dismissal, Published No

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