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Acceptance Loan Co. v. S. White Transp. Inc. (In re S. White Transp. Inc.)

Ruling
Lien on debtor's principal asset survived confirmation.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 05, 2013 , LexisNexis #0813-133

In re Cabral

Ruling
Chapter 12 debtor's third case in 29 months dismissed with 180 day filing bar due to debts in excess of limits and bad faith.
Procedural posture

Debtors Antonio filed three chapter 12 bankruptcies in the last 29 months. A creditor moved to dismiss the third bankruptcy and sought a 180 day filing bar.

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Consumer opinion summary, case decided on June 03, 2013 , LexisNexis #0713-071

Fire Eagle LLC v. Bischoff (In re Spillman Dev. Group)

Ruling
Credit bid constituted payment in full of senior indebtedness.
Procedural posture

Appellant sought review of the judgment of the United States District Court for the Western District of Texas, affirming a bankruptcy court's grants of summary judgment to appellees in two consolidated matters regarding the effects of appellant's credit bid, and appellant's ability to collect against guaranty agreements.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 28, 2013 , LexisNexis #0313-139

Wells Fargo Bank v. Oparaji (In re Oparaji)

Ruling
Judgment that creditor was estopped from collecting amounts claimed in debtor's first dismissed case reversed.
Procedural posture

In a 2nd bankruptcy, appellee debtor challenged appellant mortgagee creditor's proof of claim that included pre-petition arrearages and escrow advances, claiming the creditor was judicially estopped from claiming any amounts that could have been, but were not, claimed in the 1st bankruptcy. The U.S. District Court for the Southern District of Texas affirmed the bankruptcy court's grant of summary judgment to the debtor. The creditor appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 05, 2012 , LexisNexis #1112-006