The twelve monthly $3500.00 payments made by Debtor to Defendant are not preferences as a matter of law because the debt was not owed by the Debtor.
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 Royal Tours, Inc. (Case No. 10-12057, AP No. 12-02037) 03/01/2013
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
Preferences, Published Yes
In re Reid (Case No. 12-50322) 02/28/2013
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
Court awarded $740.00 due to creditor violating the discharge injunction; 11 U.S.C. § 524
Discharge/Dischargeability, Published No
In re Gilley, (Case No. 12-11443, AP No. 12-2066) 02/26/2013
(Judge: Thomas W. Waldrep, Jr.)
(Judge: Thomas W. Waldrep, Jr.)
Debtor's complaint seeks a §523(a)(19) determination on a debt owed to the SEC pursuant to a settlement and that civil penalty owed does not constitute debt under §101(12); Rule 12(b)(6) motion to dismiss AP denied in part, granted in part.
Discharge/Dischargeability, Published No
In re Melara (Case No. 10-51385, AP No. 11-06057) 02/22/2013
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
Summary judgment granted in favor of Creditor; Usury; Usurious Late Fees; Truth in Lending Act; Fraudulent Misrepresentation; Actual Fraud; Unfair and Deceptive Trade Practices
Summary Judgment, Published No
In re Markey (Case No. 12-10852) 01/04/2013
(Judge: Thomas W. Waldrep, Jr.)
(Judge: Thomas W. Waldrep, Jr.)
Determination that 1968 Mustang is property of the estate and title did not transfer to creditor: motion for relief from stay denied; motion for turnover granted; and motion to extend time to challenge discharge and dischargeability of debt and file a proof of claim denied.
Property of the Estate, Published No
In re Pace Airlines, Inc. (Case No. 09-52426, AP No. 10-6041) 12/10/2012
(Judge: Thomas W. Waldrep, Jr.)
(Judge: Thomas W. Waldrep, Jr.)
Determination of whether certain attorneys' fee and expenses are entitled to administrative expense status.
Fees/Compensation, Published Yes
In re Garrett (Case No. 12-10776) 10/18/2012
(Judge: Catharine R. Aron)
(Judge: Catharine R. Aron)
valuation of vehicle with salvage title
Claims, Published No
In re Chesson (Case No. 09-81328, AP No. 09-9064) 10/09/2012
(Judge: William L. Stocks)
(Judge: William L. Stocks)
Debtor’s liability to Lawyers Title, including treble damages under UDTPA, found nondischargeable pursuant to Section 523(a)(2)(B
Discharge/Dischargeability, Published No
In re Almanzar (Case No. 12-80385; AP No. 12-9045) 10/09/2012
(Judge: William L. Stocks)
(Judge: William L. Stocks)
12(b)(6) motion to dismiss claims for declaratory relief, breach of fiduciary duty, a RESPA violation, and unfair and deceptive trade practices granted
UCC & Non-Bankruptcy Law Issues, Published No
In re Marotta (Case No. 12-10409) 10/09/2012
(Judge: Thomas W. Waldrep, Jr.)
(Judge: Thomas W. Waldrep, Jr.)
addresses the effect of a "no money down" arrangement between debtors and their attorneys under Chapter 13 of the Bankruptcy Code
Administrative Expenses, Published Yes
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