Judge Garwood

Borrego Springs Bank LLC v. Skuna River Lumber LLC (In re Skuna River Lumber LLC)

Appellant creditor sought review of a judgment of the United States District Court for the Northern District of Mississippi, which upheld a bankruptcy court's order surcharging and imposing a judicial lien on property that the creditor had previously purchased at a bankruptcy court ordered auction sale by a credit bid from the bankruptcy estate of appellee debtor.
Ruling: 
Bankruptcy court lacked jurisdiction to impose surcharge and judicial lien on property that was subject of an approved auction sale by estate.
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Commercial case opionion summary, case decided on March 25,2009, LexisNexis #0509-044

Hersh v. United States

The district court for the Northern District of Texas held that 11 U.S.C.S. § 526(a)(4) was facially unconstitutional. Defendant, the United States, appealed this ruling. The district court also held that attorneys qualified a debt relief agencies under 11 U.S.C.S. § 101(12A), and that 11 U.S.C.S. § 527(b) did not violate the First Amendment. Plaintiff, a bankruptcy attorney, cross-appealed these rulings.
Ruling: 
Section 526(a)(4) prohibits only counseling that would lead to abuse of bankruptcy system and is not facially unconstitutional.
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Consumer case opionion summary, case decided on December 18,2008, LexisNexis #0209-011

Drive Fin. Servs. LP v. Jordan

Appellant creditor sought a direct appeal under 28 U.S.C.S. § 158(d)(2) of orders of the United States Bankruptcy Court for the Eastern District of Texas amending and confirming a chapter 13 bankruptcy plan submitted by appellee debtors, which provided for interest on the creditor's secured claim on the debtors' truck at a "prime-plus" interest rate pursuant to the cram down provision of 11 U.S.C.S. § 1325(a)(5)(B).
Ruling: 
Till case remains binding precedent under BAPCPA regarding application of prime-plus interest rate.
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Consumer case opionion summary, case decided on March 12,2008, LexisNexis #0408-021

Egleston v. Egleston (In re Egleston)

Appellant, a chapter 7 debtor's former wife, sought review of a decision of the District Court for the Western District of Louisiana, which affirmed a bankruptcy court judgment granting summary judgment in favor of appellee debtor in the wife's adversary proceeding under 11 U.S.C. § 523(a)(5) to except from discharge various state court judgments rendered against the debtor for obligations under a divorce settlement order.
Ruling: 
Summary judgment ruling that debtor's wife's state court fees award was barred based on res judicata was reversed, but court otherwise affirmed ruling by finding that some of fees were void under section 524(a)(1) and remanded case for determination of fe
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