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5th Circuit

Stapleton, In re--Benchmark Bank v. Stapleton

Ruling: 
Denial of discharge for filing a false financial statement denied debtor as bank failed todemonstrate that it required debtor to tender a financial statement or other financialrepresentation in order to procure a boat loan. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on July 26,2019, LexisNexis #0919-081

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

Ebackpack, In re

Ruling: 
Creditor lacked standing to bring involuntary case against the alleged debtor as a bona fidedispute existed as to the claims. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on July 12,2019, LexisNexis #0919-026

Ulbrich, In re

Ruling: 
Relief from stay to pursue state court litigation as creditor failed to show "cause." (Bankr. D.Idaho)
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Consumer case opionion summary, case decided on July 02,2019, LexisNexis #0919-006

Livingston, In re

Ruling: 
Creditor was not entitled to relief from stay as it failed to object to the plan's proposedtreatment prior to confirmation. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on June 28,2019, LexisNexis #0919-022

Louisiana Pellets, In re

Ruling: 
Trustee could not prevail on the constructive fraudulent transfer claim as debtor receivedreasonably equivalent value for its payments to the transferee. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on June 20,2019, LexisNexis #0819-093

Nichols, In re--Smith v. Nichols

Ruling: 
Discharge denied for debtor's failure to disclose transfers to her children within two years offiling the bankruptcy petition. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on June 24,2019, LexisNexis #0819-097

Gunn, In re

Ruling: 
Undersecured mortgage creditor with debt secured by the debtor's principal residence couldrecover reasonable preconfirmation attorneys’ fees. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on June 18,2019, LexisNexis #0819-073

Friede Goldman Halter, Inc., In re--Lewis v. Anco Insulations, Inc.

Ruling: 
Court permissively abstained from hearing creditor's case as equitable considerations madelitigation in the creditor's chosen forum the optimal solution. (Bankr. M.D. La.)
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Commercial case opionion summary, case decided on June 10,2019, LexisNexis #0819-074

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

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