Sep
03
2019
Pugh, In re
Ruling:
Creditor's objection to Chapter 13 confirmation was sustained as both the mortgage's due-on-sale clause and 11 U.S.C. § 1322(b)(2) prevented him from modifying the bank's rights withoutthe bank's consent. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on September 03,2019, LexisNexis #1019-094
Jul
29
2019
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
Jun
18
2019
Kane, In re
Ruling:
Chapter 13 plan could not be confirmed as the debtor's proposed allocation of benefits andburdens to the detriment of one class of creditors was deemed as unfairly discriminatory.(Bankr. D. Kan.)
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Consumer case opionion summary, case decided on June 18,2019, LexisNexis #0819-100
Jun
18
2019
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
May
29
2019
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
May
24
2019
Hurlburt v. Black
Ruling:
Judgment reversed as the plain text of Section 1322(c)(2) authorized modification of coveredhomestead mortgage claims including bifurcation of undersecured homestead mortgages intosecured and unsecured components. (4th Cir.)
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Consumer case opionion summary, case decided on May 24,2019, LexisNexis #0819-048
Court: Judge or Jurisdiction information not available
May
22
2019
Edwards, In re
Ruling:
Debtor was deemed current on all mortgage obligations owed to the creditor where debtorsatisfied all conditions of the confirmed modified plan and already received a discharge.(Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on May 22,2019, LexisNexis #0819-017
May
14
2019
Battershell, In re
Ruling:
Court had no ability to recharacterize loan payoff as a loan purchase. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on May 14,2019, LexisNexis #0719-097
Court: Judge or Jurisdiction information not available
May
21
2019
United States v. Yurek
Ruling:
Evidence was sufficient to convict debtor of bankruptcy fraud as all of the elements of fraudwere present in the trial evidence. (10th Cir.)
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Consumer case opionion summary, case decided on May 21,2019, LexisNexis #0719-098
Court: Judge or Jurisdiction information not available
Apr
22
2019
Lieber, In re
Ruling:
Issuance of sheriff’s deed would not violate the automatic stay where debtor's property wasconsidered sold on the date of the foreclosure sale. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 22,2019, LexisNexis #0719-047
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