Southern District

Turcotte, In re

Ruling: 
Plan could not be confirmed as the plan needed to include a cramdown rate of interest starting with the prime rate that was in effect upon confirmation. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on June 08,2017, LexisNexis #0717-056

Porter Dev. Partners, LLC, In re

Ruling: 
Court deemed as res judicata the unappealed final plan of receivership assets and establishedthat the debtor's powers have already passed to the trustee. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on May 31,2017, LexisNexis #0717-004

Gonzales, In re

Ruling: 
Debtors' motion for discharge granted as debtors completed all payments under the planwithin the 60 month term. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on May 17,2017, LexisNexis #0617-085

ATP Oil & Gas Corp., In re--Tow v. Bulmahn

Ruling: 
Trustee's amended avoidance claim dismissed because trustee's diligence alone could notsupport equitable tolling. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on May 16,2017, LexisNexis #0617-076

Mohiuddin, In re--Southern Title Ins. Corp. v. Mohiuddin

Ruling: 
Debt deemed nondischargeable as debtor committed fraud in failing to disclose diversion ofmoney received from insurance buyers to his own use. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on May 12,2017, LexisNexis #0617-069

Pendergraft, In re--Network of Neighbors, Inc. v. Pendergraft

Ruling: 
Debt deemed nondischargeable where debtor forged the appearance of a contract in which all services billed thereunder involved self-dealing. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on May 11,2017, LexisNexis #0617-043

1776 Am. Props. IV, LLC, In re

Ruling: 
Stay lifted to allow state court litigation to proceed. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on May 10,2017, LexisNexis #0617-033

Briseno, In re--Texas v. Briseno

Ruling: 
Bankruptcy court abused its discretion in dismissing debtor's bankruptcy case as the court failed to provide notice that failure to file a modified plan would result in dismissal of the chapter 13 case. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on April 14,2017, LexisNexis #0517-115

Velazquez, In re

Ruling: 
Trustee lacked the authority to retroactively adjust a confirmed plan payment based on an allowed home mortgage proof of claim filed after confirmation. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on April 17,2017, LexisNexis #0517-111

Markos, In re

Ruling: 
Court ruled that attorney's fees attributable to the collection of assessments, charges, and interest were secured by vendor's lien on debtor's property. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on April 06,2017, LexisNexis #0517-039

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