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Wiggains, In re--Appling v. Lamar, Archer & Cofrin, LLP

Ruling
Bankruptcy court's assesment that the partition agreement between the debtor and his spousewas a fraudulent transfer affirmed because there was a direct evidence of debtor's actual intentto hinder or delay. (5th Cir.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.

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Court :
Consumer opinion summary, case decided on February 14, 2017 , LexisNexis #0317-077

Villegas v. Schmidt

Ruling
Action by debtor and president against trustee properly dismissed.
Issue(s)
Did the bankruptcy court properly hold that debtor and its president required leave of court to bring an action against the trustee based on actions undertaken during administration of the estate?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 28, 2015 , LexisNexis #0615-139

Newco Energy v. Energytec Inc. (In re Energytec Inc.)

Ruling
Sale of pipeline free and clear set aside.
Issue(s)
Did bankruptcy court err in holding that sale of debtor's pipeline was free and clear of creditor's claim for fees and interest.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on December 31, 2013 , LexisNexis #0114-078

Technology Lending Partners LLC v. San Patricio County Cmty. Action Agency (In re San Patricio County Cmty. Action Agency)

Ruling
District court erred in denying appeal of settlement on grounds of equitable mootness.
Procedural posture

In adversary proceedings, appellant lenders challenged a judgment from the district court for the Southern District of Texas dismissing their appeal of the bankruptcy court's approval of a settlement in chapter 7 proceedings. Appellee was the bankruptcy trustee for debtor nonprofit community action agency, which had received State and federal operating funds in support of its charitable activities, including the purchase of passenger vans.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 14, 2009 , LexisNexis #0809-035

Campbell v. Countrywide Home Loans Inc.

Ruling
Asserting a right to increased mortgage escrow payments based on prepetition shortage in a proof of claim does not violate stay.
Procedural posture

The Bankruptcy Court for the Southern District of Texas granted partial summary judgment to the chapter 13 debtors, finding that creditor mortgage lender violated 11 U.S.C.S. § 362's automatic stay by including in its proof of claim an intent to raise mortgage payments to recoup the delinquent pre-petition escrow portion of their mortgage payments. The lender appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 13, 2008 , LexisNexis #1108-001

Campbell v. Countrywide Home Loans Inc.

Ruling
Filing of proof of claim including increase in mortgage payment to recoup unpaid prepetition escrow payments did not violate stay.
Procedural posture

Defendant creditor sought review of an order of the Bankruptcy Court for the Southern District of Texas granting a partial summary judgment in favor of plaintiff debtors in their action alleging that the creditor violated the automatic stay under 11 U.S.C.S. § 362 in their chapter 13 case. The creditor was granted the right to bring an interlocutory appeal under 28 U.S.C.S. § 158.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 26, 2008 , LexisNexis #0908-072