Skip to main content
Home

Main navigation

  • NC Bankruptcy Cases
    • Eastern District
    • Middle District
    • Western District
  • NC Courts
    • 4th Circuit Court of Appeals
    • NC Court of Appeals
    • NC Business Court
    • NC Supreme Court Cases
  • Federal Cases
  • Law Reviews & Studies
    • Book Reviews
  • NC Legislative History
  • Student Loan Debt
User account menu
  • Log in

Breadcrumb

  1. Home
  2. Blogs

Bankr. M.D.N.C.: Bivens v. NewRez- Authority of Bankruptcy Court to Enter Final Order for Discharge and Stay Violations

Profile picture for user Ed Boltz
By Ed Boltz, 6 March, 2021

Summary:

Mortgage Servicers argued that the bankruptcy court was limited to submitting proposed findings of fact and conclusions of law to the district court for de novo review unless the parties consent to the bankruptcy court hearing and determining the matter The bankruptcy court rejected the argument and held that claims under 11 U.S.C. §§ 105, 524, and 362 as well as Bankruptcy Rule 3002.1(i) for violation of the discharge injunction, violation of the automatic stay, and violation of Bankruptcy were core proceedings pursuant to 28 U.S.C. §157(b)(2)(A), which the court has authority to hear and determine pursuant to 11 U.S.C. § 157(b)(1).

Commentary:

At hearing the bankruptcy court also denied the Motion to Dismiss by the mortgage servicers, with that opinion expected shortly.

For a copy of the opinion, please click here:

2021-03-02-Order-denying-Citis-jurisdiction-motionDownload

Blog comments

Blog tags
discharge violation
Category
North Carolina Bankruptcy Cases
Middle District

About Us

Mountain View The purpose of the NC Bankruptcy Expert blog is to provide legal professionals with a consolidated resource for updates and case summaries about issues and decisions affecting bankruptcy, foreclosures, mortgages, and debt collection.

 
Lawyer Edward Boltz | Top Attorney Chapter 7

NC Bankruptcy Expert FREE Consultation

We Offer A Free Bankruptcy Consultation which has helped over 70,000 North Carolina families. We serve the entire state of North Carolina.

Proud Member of:












Categories

  • 4th Circuit Court of Appeals
  • Book Reviews
  • District Courts
  • Eastern District
  • Ed Boltz: Bankruptcy Attorney
  • Federal Cases
  • Forms
  • Home
  • Law Reviews & Studies
  • Middle District
  • Mortgage Modification Mediation Documents
  • NC Business Court
  • NC Court of Appeals
  • NC Courts
  • NC Supreme Court Cases
  • News
  • North Carolina Bankruptcy Cases
  • North Carolina District Court Cases
  • North Carolina Exemptions Legislative History
  • Student Loan Debt
  • Student Loan Options and Chapter 13 Bankruptcy
  • Western District
RSS feed
v. 1.2.2, © 2013-2025 ncbankruptcyexpert.com, all rights reserved. Follow @edboltz