Judge Davis

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

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.
Ruling: 
Equitable subordination of secured claims reversed.
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Commercial case opionion summary, case decided on June 20,2008, LexisNexis #0708-099

In re Cribbs

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.
Ruling: 
Debtors' good faith attempt to use 401(k) loan to repay debts was a special circumstance rebutting presumption of abuse.
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Consumer case opionion summary, case decided on May 02,2008, LexisNexis #0708-014

In re Heyward

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.
Ruling: 
Motion to modify plan to allow early plan payoff denied unless debtor proposed to pay creditors 100% of allowed claims.
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Consumer case opionion 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)

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.
Ruling: 
Debtor engaged in timber sales was not a single asset real estate debtor and was not subject to expedited proceedings.
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Commercial case opionion summary, case decided on November 13,2007, LexisNexis #1207-004

In re Lightsey

The United States Trustee filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C. § 707(b).
Ruling: 
Non-debtor spouse's contributions to household expenses had to be included in calculation of current monthly income.
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Thigpen v. Cadle Co. (In re Thigpen)

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).
Ruling: 
Debtors could avoid judicial lien impairing exemption claimed only after case was reopened.
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Jumpp v. Chase Home Fin. LLC (In re Jumpp)

Chapter 13 debtor appealed a decision of the Bankruptcy Court for the District of Massachusetts, which denied debtor's motion for a determination and declaratory judgment as to the continuation and existence of the automatic stay, 11 U.S.C. § 362, and a motion to reimpose the stay.
Ruling: 
Stay in debtor's second chapter 13 case in one year did not terminate after 30 days with respect to property of the estate.
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Cozzone v. Ingui

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.
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.
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Herrington v. Grant (In re Paxton)

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.
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.
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