Feb
04
2019
McClenon, In re--McClenon v. Statebridge Co., LLC
Ruling:
Court abstained from adjudicating adversary proceeding alleging wrongful foreclosure andremoval of debtor's personal property. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on February 04,2019, LexisNexis #0319-069
Oct
01
2018
Buffets, LLC, In re
Ruling:
Amendment to § 1930(a)(6) increasing quarterly U.S. Trustee fees was unconstitutional asapplied to debtor's case and could not be retroactively applied. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on October 01,2018, LexisNexis #0319-070
Feb
06
2019
Ross, In re
Ruling:
Trustee of original mortgagee was entitled to a judicial confirmation that the automatic stayprovisions did not bar it from pursuing foreclosure remedies against debtor's property as thedebtor did not have any legal or equitable interest in the title of the property. (Bankr. N.D.Miss.)
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Consumer case opionion summary, case decided on February 06,2019, LexisNexis #0319-028
Feb
05
2019
Cattle, In re
Ruling:
Abstention in adversary proceeding was not warranted as it would potentially prejudice thebank's rights. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on February 05,2019, LexisNexis #0319-046
Jan
30
2019
On-Site Fuel Serv., In re
Ruling:
Bankruptcy court declined to adopt judicially created bar-to-joinder doctrine as 11 U.S.C. §303(c) unambiguously provided for joinder if the joining creditor held unsecured claim thatwas not contingent and the joining creditor was not an initial petitioning creditor. (Bankr. S.D.Miss.)
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Commercial case opionion summary, case decided on January 30,2019, LexisNexis #0319-026
Jan
28
2019
Davidson, In re--One Source Forms & Labels, Inc. v. Callahan
Ruling:
Application for authority to pay compensation to special counsel was granted as 38%contingency fee award in adversary proceeding was within acceptable range of attorney's fees.(Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on January 28,2019, LexisNexis #0319-027
Jan
18
2019
House, In re
Ruling:
Debtors were barred from opposing creditor's foreclosure as they were bound by their confirmed plan. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on January 18,2019, LexisNexis #0219-092
Jan
16
2019
Jackson, In re
Ruling:
Debtors' motion to use collision insurance proceeds to buy a replacement vehicle was deniedas the proceeds were not property of the estate. (Bankr. M.D. La.)
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Consumer case opionion summary, case decided on January 16,2019, LexisNexis #0219-052
Jan
11
2019
Montalvo, In re
Ruling:
Debtor's objection to claim based on prepetition execution sale of properties in order to satisfy a state-court judgment overrruled. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on January 11,2019, LexisNexis #0219-030
Jan
10
2019
Luithle, In re
Ruling:
Divorce decree that required the debtor to maintain certain life insurance with his ex-wife listed as the beneficiary was nondischargeable as it was an obligation in the nature of support and alimony. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on January 10,2019, LexisNexis #0219-033
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