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).
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.
Northen v. Windsor Investments of North Carolina, LLC, et al. (Case No. 14-02023) 02/11/2015
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
Motion to Quash and Motion for Protective Order both denied because defendants did not have standing to quash subpoenas issued to their banks.
Discovery, Published No
In re Tosh (Case No. 14-80421) 01/22/2015
(Judge: Lena M. James)
(Judge: Lena M. James)
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
In re Boyd (Case No. 13-50921, AP No. 13-06084) 01/09/2015
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
Creditor's complaint obecting to dischargeability of overpayment of public assistance benefits granted in part pursuant to § 523(a)(2)(B).
Discharge/Dischargeability, Published No
In re Rising (Case No. 07-50123) 1/08/2015 01/08/2015
(Judge: Lena M. James)
(Judge: Lena M. James)
The Court granted the Debtor's motion to reopen her closed Chapter 13 case pursuant to Section 350(b).
Reopenings, Published No
In re Drake (Case No. 09-52371) 01/06/2015
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
Debtors' motion for sanctions for violating the automatic stay was granted when a creditor sent a second billing notice to the debtors. Creditor had notice of the debtors' bankruptcy and was informed of its stay violation after the first billing notice was sent to the debtors.
Automatic Stay, Published No
Harvey v. Dambowsky (Case No. 13-81410, Ap No. 14-09010) 01/06/2015
(Judge: Benjamin A. Kahn)
(Judge: Benjamin A. Kahn)
Court has subject matter jurisdiction, statutory authority, and constitutional authority to hear and determine non-dischargeability claim, liquidate the claim, and enter final judgment
Stern v. Marshall, Published Yes
In re Land (Case No. 13-11309); In re Eddie Land Masonry Contractor, Inc. (Case No. 13-11314) 12/17/2014
(Judge: Lena M. James)
(Judge: Lena M. James)
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
Smith v. SunTrust Bank (Case No. 13-81362, Ap No. 14-09039) 12/08/2014
(Judge: Benjamin A. Kahn)
(Judge: Benjamin A. Kahn)
Plaintiff deemed as a matter of law to have ratified the transactions at issue in the complaint.
Dismissal, Published Yes
In re McKinney (Case No. 14-81196) 12/08/2014
(Judge: Lena M. James)
(Judge: Lena M. James)
Order dismissing case filed during 180-day bar period with prejudice.
Dismissal, Published No
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