Aug
06
2019
Dutka, In re
Ruling:
Voluntary dismissal denied where debtors clearly authorized their attorney to file forbankruptcy. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on August 06,2019, LexisNexis #1019-017
Jul
29
2019
Prescott, In re--Prescott v. Wells Fargo Bank, N.A.
Ruling:
Mortgagee breached the court's cure order by trying to collect a payment the order hadeliminated. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on July 29,2019, LexisNexis #0919-096
Sep
23
2019
Black Elk Energy Offshore Operations, In re
Ruling:
Transfer was preferential where it was made to a creditor, on account of an antecedent debt,and enabled such creditor to receive more than it would in a hypothetical liquidation.(Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on September 23,2019, LexisNexis #0919-087
May
29
2019
Cole, In re
Ruling:
Debtor's objection to proof of claim denied as debtor remained liable for the full amount ofhis tax obligation until the Offer in Compromise terms and conditions had been met. (Bankr.S.D. Tex.)
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Consumer case opionion summary, case decided on May 29,2019, LexisNexis #0819-047
May
14
2019
Vanguard Natural Res., In re
Ruling:
Revenue department's motion to abstain denied where determination of debtor's tax issuesheavily implicated the bankruptcy code's objectives. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on May 14,2019, LexisNexis #0719-084
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
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