After determining that the individuals are eligible to be Debtors pursuant to 11 U.S.C. 109(g) and adopting the casual connection approach, the Court granted the Debtors' Motion to Extend the Automatic Stay.
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.
In re Whittington (Case No. 13-50859) 08/15/2013
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
Eligibility, Published No
In re Assasepa (Case No. 12-51222) 07/22/2013
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
Case dismissed with prejudice with a 1-year bar from filing any bankruptcies under Title 11 in any bankruptcy court in the United States.
Dismissal, Published No
In re Barnhart (Case No. 11-80030, AP No. 11-09059) 07/18/2013
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
The Court held that it will not pierce the corporate veil. However, the claim is nondischargeable pursuant to 11 USC 523(a)(4).
Discharge/Dischargeability, Published Yes
In re Nance (Case No. 07-81057) 06/12/2013
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
The Court determined the amount of the allowed secured claim that the Debtors must pay to redeem the Tahoe under 11 U.S.C. § 722 and analyzed whether the analysis is any different in a case that converts from a chapter 13 to a 7.
Redemption, Published Yes
In re Assasepa (Case No. 12-51222) 05/17/2013
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
The Court denied the Debtor's motion for recusal and/or disqualification.
Recusal, Published Yes
In re Clean Burn Fuels, LLC (Case No. 11-80562, AP No. 11-9046) 05/16/2013
(Judge: Thomas W. Waldrep, Jr.)
(Judge: Thomas W. Waldrep, Jr.)
Motions for Summary Judgment- Determination of whether corn is property of the estate, whether Defendant has a security interest in the corn and proceeds, and whether the Plaintiff may avoid Defendant's unperfected security interest pursuant to §544(a). Section 553 and the right to setoff also discussed.
UCC & Non-Bankruptcy Law Issues, Published Yes
In re Assasepa (Case No. 12-51222) 04/23/2013
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
The Court held that while there was an automatic stay in effect as to the property of the estate, the subject property was not property of the estate. The Court denied the debtor's motion for violation of the automatic stay.
Automatic Stay, Published No
In re McTearnen (Case No. 12-81754) 04/12/2013
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
The federal exemptions apply to the Debtor, and the Debtor's life insurance proceeds are reasonably necessary for the Debtor's support and exempt under 11 U.S.C. 522(d)(11)(C).
Exemptions, Published No
In re: Tobacco Square LLC (Case No. 12-50856, AP No. 12-6046) 03/26/2013
(Judge: Thomas W. Waldrep, Jr.)
(Judge: Thomas W. Waldrep, Jr.)
cross motions for summary judgment; analysis of whether deed of trust specifically describes the underlying debt it secures and whether certain certain pieces of property are fixtures.
UCC & Non-Bankruptcy Law Issues, Published No
In re Brooks (Case No. 12-80922) 03/22/2013
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
The Court held that an inherited IRA is exempt under 11 U.S.C. § 522(b)(3)(C)
Exemptions, Published No
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