section 1322(b)(2) precludes modification of the secured claim because provision in deed of trust directing how payments are to be applied does not serve to create a security interest in funds
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.
(Judge: William L. Stocks)
(Judge: Catharine R. Aron)
Trustee's objection to attorney fee for preparation of Notice of Mortgage Payment Change sustained
(Judge: Catharine R. Aron)
Plaintiff's request that Defendant pay Plaintiff's attorney fees denied
(Judge: Catharine R. Aron)
motion for sanctions for violation of automatic stay denied
(Judge: Catharine R. Aron)
granting motion to life stay to allow movant to proceed against the debtor in the state court action
(Judge: Thomas W. Waldrep, Jr.)
motion to amend complaint to add preference claim granted and amendment relates back to date original complaint
(Judge: William L. Stocks)
defendant allowed to file answer after date on which answer was due rather than being defaulted
(Judge: Thomas W. Waldrep, Jr.)
Comments: motion for relief from stay denied; bank failed to file a UCC-3 continuation statement when the original financing statement expired post-petition
(Judge: Catharine R. Aron)
whether a trustee has priority as a judicial lien creditor pursuant to § 544(a)(1)
(Judge: William L. Stocks)
determination of whether the Bankruptcy Court has the authority to enter final judgments as to fraudulent transfer claims asserted by plaintiff; a proof of claim had been filed by each defendant
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