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Judge Isgur

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

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

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

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

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

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

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

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.)
ABI Membership is required to access the full summary of Lane, In re--Bank of New York Mellon v. Lane. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 19,2018, LexisNexis #1118-039

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

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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