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.

stay lifted to allow equitable distribution action to go forward, but not lifted so as to authorize the state court to transfer property of the estate

Automatic Stay, Published No

§707(b) (case not dismissed)

Dismissal, Published No

petition preparer ordered to disgorge fees, matter referred to District Court for consideration of sanctions and damages

Petition Preparers, Published No

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

Plaintiff alleged violation of discharge injunction and state law violations. Defendant filed motion to dismiss. Court granted motion to dismiss as to state law claims on grounds of preemption and lack of jurisdiction. 

Jurisdiction, Published No

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.

Conversion, Published No

Order granting motion to designate as a Single Asset Real Estate pursuant to §§ 101(51B) and 362(d)

Automatic Stay, Published No

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

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