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Cadle Co. v. Blakesley

Ruling
Bankruptcy court properly refused to deny discharge where debtor's omissions did not amount to failure to keep adequate records.
Procedural posture

In an adversary proceeding, appellant assignee creditor sought judicial review of a bankruptcy court's February 21, 2007 memorandum opinion and final order denying the creditor's challenge to appellee debtors'discharge.

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opinion summary, case decided on May 31, 2007 , LexisNexis #0707-034

Hence v. Indian Cave Pship (In re Hence)

Ruling
Mortgagee not entitled to accelerated interest payments.
Procedural posture

Appellant mortgagee appealed a decision from the bankruptcy court on the mortgagee's objection to the confirmation of debtor's chapter 13 repayment plan. The mortgagee also moved under Bankr. R. 9023 for reconsideration of the denial of its request for reconsideration of the bankruptcy court's oral ruling on confirmation.

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opinion summary, case decided on April 20, 2007 , LexisNexis #0607-113

Dixon v. Fannie Mae

Ruling
No stay was in effect where debtors had two cases pending and dismissed in the year prior to filing.
Procedural posture

Appellants sought review of an order of the Bankruptcy Court for the Southern District of Texas, which confirmed that no automatic stay was in effect.

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opinion summary, case decided on November 20, 2006 , LexisNexis #1206-039

Varela v. Sommers

Ruling
Postpetition checks written to trucking company were avoidable where funds were in debtor's account on petition date.
Procedural posture

Appellant trucking company appealed from an order by the bankruptcy court granting summary judgment in favor of the bankruptcy trustee in an avoidance proceeding under 11 U.S.C. § 549(a). After filing a voluntary chapter 11 bankruptcy case, the debtor issued two checks to the trucking company, a portion of each check was at issue in the present appeal.

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opinion summary, case decided on November 02, 2006 , LexisNexis #1206-066

In re Boca Del Rio Props.

Ruling
Stay pending appeal of dismissal denied due to harm to secured creditor.
Procedural posture

Appellant chapter 11 debtor sought judicial review of order by the bankruptcy court dismissing its bankruptcy proceeding. The debtor filed a motion for a stay of the order pending appeal.

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opinion summary, case decided on August 23, 2006 , LexisNexis #0906-095

Continental Mfg. Co. Ltd. v. Sommers (In re Contractor Tech. Ltd.)

Ruling
Transfer was deemed avoidable since check did not clear until postfiling.
Procedural posture

Appellant company sought judicial review of a decision by the Bankruptcy Court for the Southern District of Texas granting summary judgment in favor appellee bankruptcy trustee in an avoidance proceeding under 11 U.S.C. § 549.

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opinion summary, case decided on April 26, 2006 , LexisNexis #0606-024