Judge Schell

Taylor v. Adams

Appellant, wife of a debtor, sought review of a decision of the Bankruptcy Court for the Eastern District of Texas, which denied the wife's motion for reconsideration of a prior order that found that the homestead exemption did not apply to the property where the wife and the debtor resided. Appellees filed a motion to dismiss because the wife did not timely file an appellate brief.
Ruling: 
Appeal of debtor's spouse of denial of homestead exemption dismissed for failure to file brief.
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Consumer case opionion summary, case decided on September 25,2008, LexisNexis #1008-092

Anderson v. Cain

Plaintiffs filed an action against defendants in state court alleging that defendants conspired to misappropriate funds that were intended for the sale of plaintiffs' property and that as a result of defendants' conduct the sale did not go forward and plaintiffs lost the benefit of the sale. Defendant debtors removed the matter to the court, and plaintiffs filed a motion for abstention or to remand the matter to state court.
Ruling: 
State law case that would determine value of 97 percent of claims against the estate remanded.
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Consumer case opionion summary, case decided on July 24,2008, LexisNexis #0808-086
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