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eastern district of texas

In re Allen

Oct
13
2006
Ruling
Confirmation denied due to failure to recognize creditor's rights under hanging paragraph.
Procedural posture

Debtors proposed a chapter 13 plan and sought confirmation. The court sua sponte questioned the propriety of confirming a plan, even in the absence of an objection from an affected secured creditor, that proposed a bifurcation of a claim into secured and unsecured components when such claim was entitled to protection from bifurcation under 11 U.S.C. § 506 by the "dangling paragraph" following 11 U.S.C. § 1325(a)(9).

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opinion summary, case decided on October 13, 2006 , LexisNexis #0307-117
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Mooney v. Green Tree Serv. LLC (In re Mooney)

Mar
23
2006
Ruling
Creditor willfully and maliciously violated the discharge injunction since the creditor continued to pursue the debtor for the discharged debts.
Procedural posture

Plaintiff, a discharged bankruptcy debtor, brought an adversary proceeding against defendant creditor, alleging that the creditor violated the discharge injunction of 11 U.S.C. § 524(a)(2) by attempting to collect a debt to the creditor which was discharged in the debtor's bankruptcy. The bankruptcy court conducted a trial.

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opinion summary, case decided on March 23, 2006 , LexisNexis #0406-130
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Texas v. Davis (In re Davis)

Mar
16
2006
Ruling
Bail bond forefeiture judgment owed to the state of Texas was deemed dischargeable.
Procedural posture

Plaintiff, the state of Texas, filed an adversary proceeding against defendant debtor to determine the dischargeability of an obligation arising from a bail bond judgment that was assessed against the debtor as a bail surety. The state contended that discharge of the debt was barred by the Eleventh Amendment or, alternatively, that the debt was non-dischargeable under 11 U.S.C. § 523(a)(7).

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opinion summary, case decided on March 16, 2006 , LexisNexis #0406-124
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Goldberg v. Craig (In re Hydro-Action Inc.)

Mar
14
2006
Ruling
Alleged insiders of corporate debtor were granted summary judgment on the grounds that the preferential transfer claims were made untimely.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, alleged insiders of a corporate bankruptcy debtor, seeking to avoid alleged fraudulent, preferential, and postpetition transfers. The insiders moved for summary judgment based on the limitations period of 11 U.S.C. § 546(a) and based on lack of evidence of postpetition transfers.

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opinion summary, case decided on March 14, 2006 , LexisNexis #0406-131
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