Dec
10
2018
Ahmadi, In re
Ruling:
Failure of the attorney to properly advise debtor of the fees incurred during the prosecution ofhis case justified a lodestar downward adjustment. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on December 10,2018, LexisNexis #0119-066
Sep
26
2018
Santillan, In re
Ruling:
Overpayment credited to balance owed under modified chapter 13 plan where the modification was retroactively effective as of the date it was filed. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-057
Sep
19
2018
Lane, In re--Bank of New York Mellon v. Lane
Ruling:
Court reversed judgment voiding creditor's first-position lien where the lien remained against the property notwithstanding the final determination that the creditor could not enforce it. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on September 19,2018, LexisNexis #1118-039
Sep
14
2018
Northstar Offshore Grp., LLC, In re
Ruling:
Creditor's motion for leave to late-file proof of claim granted as it demonstrated sufficient reason for its delay in filing its proof of claim. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on September 14,2018, LexisNexis #1018-119
Aug
31
2018
Guevara, In re
Ruling:
Motion for retroactive relief from stay granted where purchaser's lack of notice regardingdebtor's bankruptcy and payment of taxes consistent with the duties of a property owner bothweighed in favor of retroactive annulment of the automatic stay. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on August 31,2018, LexisNexis #1018-066
Aug
28
2018
Dahlin, In re--Sommers v. Dale
Ruling:
Trustee's motion for summary judgment granted where trustee was a bona fide purchaser and did not have constructive or inquiry notice of defendants' interest in the property before debtor filed her bankruptcy petition. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on August 28,2018, LexisNexis #1018-051
May
15
2018
Dahlin, In re--Dahlin v. Dahlin
Ruling:
Motion for summary judgment granted in part where debtor was estopped from assertingcertain claims against her ex-husband when she failed to disclose potential causes of actionin her bankruptcy schedules. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on May 15,2018, LexisNexis #0618-071
Mar
09
2018
Caprock Oil Tools, Inc., In re
Ruling:
Claim was subject to subordination as claimant's proof of claim arose from his purchase of his Common Stock. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on March 09,2018, LexisNexis #0418-036
Feb
12
2018
Stone, In re
Ruling:
Debtor's motion to modify chapter 12 plan was denied as the proposed payment extension violated § 1229(c)'s five year maximum limitation. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on February 12,2018, LexisNexis #0318-110
Feb
12
2018
Black Elk Energy Offshore Operations, LLC, In re
Ruling:
Motion for summary judgment to disallow trustee's claim objections granted where trustee failed to allege that trust company itself committed inequitable conduct worthy of equitable subordination. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on February 12,2018, LexisNexis #0318-099
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