Judge Davis

Etheridge v. CitiMortgage Inc. (In re Etheridge)

Ruling: 
State property law could be applied to allow settlement avoiding underwater second lien on debtor's property despite anti-modification provision of § 1322 (b)(2).
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Consumer case opionion summary, case decided on January 28,2016, LexisNexis #0416-096

In re Croft

Ruling: 
Chapter 7 case that had been converted from chapter 13 could be dismissed for abuse due to exhorbitant spending and failure to account for spending while case was in chapter 13.
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Consumer case opionion summary, case decided on October 14,2015, LexisNexis #1115-061

Davis v. Springleaf Fin. Servs. (In re Davis)

Ruling: 
Wholly unsecured second mortgage could be stripped off.
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Consumer case opionion summary, case decided on September 09,2015, LexisNexis #1015-025

In re 804 Congress L.L.C.

Ruling: 
Claim of substitute trustee for balance of commission on foreclosure sale allowed.
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Commercial case opionion summary, case decided on March 13,2015, LexisNexis #0415-010

In re Schmelcher

Ruling: 
Debtor's attorney sanctioned for filing frivolous motion against county regarding use of bankruptcy disclaimer on notices.
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Consumer case opionion summary, case decided on February 13,2015, LexisNexis #0315-067

Collins v. J&N Rest. Assocs Inc. (In re Mendolia)

Ruling: 
Avoidance claims filed by trustee more than one year after confirmation were discharged by debtors' plan.
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Consumer case opionion summary, case decided on February 03,2015, LexisNexis #0215-134

Schwertner Backhoe Servs. v. Kirk (In re Kirk)

Ruling: 
Where debtor conceded nondischargeability of debt due to diversion of funds, creditor's related attorneys' fees were also nondischargeable.
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Consumer case opionion summary, case decided on January 28,2015, LexisNexis #0315-022

Wolff v. United States IRS (In re FirstPay Inc.)

Ruling: 
Trustee could not recover funds transferred by debtor payroll processing firm to the IRS.
ABI Membership is required to access the full summary of Wolff v. United States IRS (In re FirstPay Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 12,2014, LexisNexis #0115-020

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