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SI Restructuring Inc. v. Faulkner (In re SI Restructuring Inc.)

Ruling
Equitable subordination of secured claims reversed.
Procedural posture

Appellants sought review of an order of the District Court for the Western District of Texas, San Antonio Division, affirming a bankruptcy court's order invoking equitable subordination pursuant to 11 U.S.C.S. § 510(c), which effectively converted secured claims filed by appellants to unsecured claims for the purpose of any distributions.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 20, 2008 , LexisNexis #0708-099

In re Cribbs

Ruling
Debtors' good faith attempt to use 401(k) loan to repay debts was a special circumstance rebutting presumption of abuse.
Procedural posture

The U.S. Trustee (UST) filed a motion to dismiss debtors' chapter 7 case under the provisions of 11 U.S.C.S. § 707(b) which provided in relevant part that a case could be dismissed if a court found that the granting of chapter 7 relief would be an abuse of the provisions of the chapter.

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Consumer opinion summary, case decided on May 02, 2008 , LexisNexis #0708-014

In re Heyward

Ruling
Motion to modify plan to allow early plan payoff denied unless debtor proposed to pay creditors 100% of allowed claims.
Procedural posture

A debtor filed a motion, pursuant to 11 U.S.C.S. § 1329, to modify and pay off his confirmed chapter 13 plan earlier than 36 months.

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Consumer opinion summary, case decided on March 06, 2008 , LexisNexis #0608-092

HOC Group of Timber Noteholders v. Pacific Lumber Co. (In re Scotia Pac. Co. LLC)

Ruling
Debtor engaged in timber sales was not a single asset real estate debtor and was not subject to expedited proceedings.
Procedural posture

The bankruptcy court denied a motion by creditors to expedite bankruptcy proceedings under 11 U.S.C. § 362(d)(3), finding the chapter 11 debtor was not a "single asset real estate" ("SARE") under 11 U.S.C. § 101(51B). The creditors appealed, then sought certification from the bankruptcy court to the court of appeals under 28 U.S.C. § 158(d)(2). The District Court for the Southern District of Texas then certified the appeal.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on November 13, 2007 , LexisNexis #1207-004

In re Lightsey

Ruling
Non-debtor spouse's contributions to household expenses had to be included in calculation of current monthly income.
Procedural posture

The United States Trustee filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C. § 707(b).

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opinion summary, case decided on July 26, 2007 , LexisNexis #1007-007

Thigpen v. Cadle Co. (In re Thigpen)

Ruling
Debtors could avoid judicial lien impairing exemption claimed only after case was reopened.
Procedural posture

After debtors reopened their chapter 7 to assert a claim to exemptions relative to real estate that had been scheduled in the original proceeding and thereafter moved to avoid a judicial lien asserted by a judgment creditor, the creditor filed an objection to the exemption claim. At issue was whether debtors were properly permitted to avoid the lien pursuant to 11 U.S.C. § 522(f).

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opinion summary, case decided on June 07, 2007 , LexisNexis #1007-023

Cozzone v. Ingui

Ruling
Deemed admission by debtor psychiatrist that he intentionally lied about creditor patient's diagnosis was not admissible in dischargeability proceeding and debt was properly discharged.
Procedural posture

Appellant judgment creditor filed an adversary proceeding complaint in the bankruptcy court against appellee chapter 7 debtor seeking a declaration that the debt owed to him was exempted from discharge under 11 U.S.C. § 523(a)(6). The creditor appealed after the bankruptcy court granted judgment for the debtor and discharged the debt.

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opinion summary, case decided on October 25, 2006 , LexisNexis #1206-089

Herrington v. Grant (In re Paxton)

Ruling
Court remanded for consideration whether a trustee had a right to set aside a tax sale, whether that interest transferred to a new property owner, and whether the claim was time barred.
Procedural posture

Appellant purchasers challenged an order of the District Court for the Western District of Louisiana, which set aside a tax sale for lack of sufficient notice of the sale to appellees, co-owners one and an assignee of a mortgagee, and, as to the interest of co-owner two, for violation of an automatic stay.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on February 13, 2006 , LexisNexis #0206-117