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Shank, In re

Ruling
Debtors were entitled to receive a discharge as they have completed all payments under theplan. (Bankr. S.D. Tex.)
Issue(s)
Discharge; Full-Compliance Discharge.

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Consumer opinion summary, case decided on June 29, 2017 , LexisNexis #0817-023

Schmidt v. Villarreal (OGA Charters, LLC)

Ruling
Payments the insurance company owed under a liability provision of the policy the LLC carried at the time of the accident were property of the bankruptcy LLC's estate. (Bankr. S.D. Tex.)
Issue(s)
Property of the Estate.

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Commercial opinion summary, case decided on June 23, 2017 , LexisNexis #0717-107

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.)
Issue(s)
Discharge; Full-Compliance Discharge.

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Consumer opinion summary, case decided on May 17, 2017 , LexisNexis #0617-085

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.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.

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Consumer opinion summary, case decided on April 17, 2017 , LexisNexis #0517-111

Rodriguez, In re

Ruling
Court denied creditor's motion for an enlargement of time to file a proof of claim as the courtdid not have the discretion to extend the time for filing a proof of claim. (Bankr. S.D. Tex.)
Issue(s)
Computing and Extending Time; Time for Motion Papers; Enlargement; Enlargement Governed By Other Rules.

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Consumer opinion summary, case decided on February 13, 2017 , LexisNexis #0317-090

McPhilamy, In re

Ruling
Debtors' chapter 13 plan confirmed as court found that debtors are free to bifurcate andcramdown the Cross-Collateralized Loans because they were not purchase money securityinterests. (Bankr. S.D. Tex.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on January 31, 2017 , LexisNexis #0317-027

In re Garcia

Ruling
Debtor warranted to employ special counsel because employment of the counsel was in thebest interest of the estate. (Bankr. S.D. Tex.)
Issue(s)
Employment of Professional Persons; Attorney Employed for Special Purpose.

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Consumer opinion summary, case decided on December 22, 2016 , LexisNexis #0117-094

In re Brothers Materials

Ruling
IRS was bound by plan provision providing for payment of attorneys’ fees and costs out ofproceeds of sale prior to IRS claim. (Bankr. S.D. Tex.)
Issue(s)
Effect of Confirmation.

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Commercial opinion summary, case decided on November 28, 2016 , LexisNexis #1216-117

In re Sierra

Ruling
Confirmation denied due to proposed modification of interest rate on note secured bymortgage on debtors’ principal residence. (Bankr. S.D. Tex.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on October 27, 2016 , LexisNexis #1116-132

Montalvo v. Vela (In re Montalvo)

Ruling
Bankruptcy court declined to remand or abstain from hearing debtor’s adversary proceedingagainst contractor. (Bankr. S.D. Tex.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Consumer opinion summary, case decided on October 14, 2016 , LexisNexis #1116-066