5th Circuit

PHI, Inc., In re

Ruling: 
Court confirmed debtors' amended joint plan of reorganization under Chapter 11 as it wasfeasible and confirmation was not likely to be followed by the need for further financialreorganization. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on August 02,2019, LexisNexis #1019-021

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

Winstead, In re

Ruling: 
Debtor may bifurcate bank's claim in proposed Chapter 13 plan if the value of themortgaged property is less than the amount of the claim. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on July 31,2019, LexisNexis #0919-097

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

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