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Judge Bohm Chapter 13 Opinions
Date: 
09/07/05
Case Title:
Case #: 
05-30161
Description: 
Copies of supporting documents or evidence of perfection of a lien must be attached to a proof of claim in order to establish secured status of collateral.
Date: 
12/20/06
Case Title:
Case #: 
06-32451
Description: 
11 U.S.C. 1322(b)(5) contemplated that debtors could have a broad range of possibilities for repayment of mortgage arrearages within the period of a Chapter 13 plan if the repayment occurred within a reasonable time. Moreover, 11 U.S.C. 1322(e) is the proper provision to seek interest on pre-petition arrearages.
Date: 
12/29/06
Case Title:
Case #: 
03-47872
 
Description: 
An award of fees may be denied because of a failure to disclose outstanding fees due to an attorney from the debtors in a previously filed bankruptcy case.
Date: 
03/15/07
Case Title:
Case #: 
06-32327
Description: 
A creditor must comply with the notice requirements in a deed of trust or risk revocation of certain rights outlined in the deed of trust.
Date: 
04/19/07
Case Title:
Case #: 
06-3669
Description: 
A bankruptcy court may have discretion to deny the enforcement of a valid arbitration agreement.
Date: 
04/11/07
Case Title:
Case #: 
06-34785
Description: 
Once a debtor has completely repaid a 401(k) loan repayment, the debtor may no longer claim that amount as a qualified retirement deduction. Instead, the freed up funds are considered part of a debtor's "projected disposable income."
Date: 
04/18/07
Case Title:
Case #: 
06-35051
Description: 
After the passage of 11 U.S.C. 511, the Court is without discretion to set an equitable rate of interest on tax claims and Texas statute does not allow for a claim to interest on anything above the principal.
Date: 
06/26/07
Case Title:
Case #: 
06-3469
Description: 
Title plus possession is sufficient to establish a homestead under Texas law. Moreover, if a creditor has actual knowledge of a debtor's use and possession of property, that creditor may not rely upon a homestead waiver executed by a debtor. Finally, home equity loans that violate certain provisions of the Texas Constitution result in forfeiture of principal and interest of a loan.
Date: 
07/24/07
Case Title:
Case #: 
06-3671
Description: 
A creditor holding a lien interest on a debtor's homestead may not assess post-petition charges without giving notice to the debtor and without seeking court approval, even if those charges are specifically allowed under a pre-petition contract.
Date: 
12/05/07
Case Title:
Case #: 
06-32451
Description: 
A bankruptcy court has discretion to reconsider and reduce a creditor's claim.
Date: 
03/05/08
Case Title:
Case #: 
05-90374
Description: 
The actions by a mortgage loan servicer and its two law firms showed a disregard for the professional and ethical obligations of the legal profession and the judicial system.
Date: 
05/15/08
Case Title:
Case #: 
07-3481
Description: 
A creditor loses its right to a trial by jury in a debtor's bankruptcy case if it files a proof of claim in that bankruptcy case.
Date: 
07/10/08
Case Title:
Case #: 
07-3341
Description: 
Settlement Capital Corp retained ownership of disputed annuity payments because the debtor had the mental capacity to convey his rights and he waived the protection of the anti-alienation clause.
Date: 
07/22/08
Case Title
Case #: 
07-35147
Description: 
Under 11 U.S.C. 1325, negative equity is not subject to a purchase-money security interest and the Court prorated the prepetition payments made under the loan to determine what amount of the claim was still secured by the PMSI and what amount was non-PMSI
Date: 
08/06/08
Case Title:
Case #: 
08-30815
Description: 
(1) 11 USC 511 applies to tax claims, and not to tax liens; (2) pursuant to Texas Tax Code 32.06 and 32.064, a third party lender who pays another's real property tax does not own a tax claim; and (3) a debtor may properly modify the interest rate on a promissory note held by a third-party lender under 11 U.S.C. 1322(b)(2).
Date: 
08/07/08
Case Title:
Case #: 
08/30815
Description: 
This Court will not tolerate lenders who attempt to nickel and dime Chapter 13 debtors with unsupported fees and charges only to expect absolution when, due to objections challenging these charges, they file an amended proof of claim.
Date: 
08/13/08
Case Title:
Case #: 
07-36683
Description: 
When filing a fee application, a creditor who fails to comply with Federal Rule of bankruptcy Procedure 2016 may not collect its requested post-petition attorneys' fees.
Date: 
10/14/08
Case Title:
Case #: 
08-03239
Description: 
11 U.S.C. 525(b) does not prohibit private employers from discriminating against prospective employees based on their bankruptcy status.
Date: 
10/14/08
Case Title:
Case #: 
08-32404
Description: 
The Court will not permit creditors to file proofs of claim without attaching the required documentation, and then hold out until the debtor objects and hearings are held before providing the necessary documents to prove up their claims.
Date: 
02/18/09
Case Title:
Case #: 
07-03481
Description: 
The Court concluded that it had subject matter jurisdiction to adjudicate the plaintiffs' claims under 28 U.S.C. 1334(b).
Date: 
03/24/09
Case Title:
Case #: 
07-03481
Description: 
The Court concluded that the Plaintiffs met the requirements of Federal Rule of Civil Procedure 23 and concluded that class certification was appropriate for this lawsuit.
Date: 
04/10/09
Case Title:
Case #: 
05-82307
Description: 
Debtors are not permitted to surrender a vehicle in full satisfaction of the creditor's entire claim. However, as a matter of equity, a plan may be modified so that the creditor has an entirely unsecured claim (the sum of the unsecured portion of the bifurcated claim on the date of the confirmed plan plus the difference between the secured portion of the bifurcated claim on the date of the confirmed plan and the amount of post-confirmation payments that have actually been made on this
Date: 
04/23/09
Case Title:
Case #: 
08-03061
Description: 
When lenders engage in sloppy practices and have a willingness to do business with scam artists, more often than not, those lenders will end up bearing the ultimate loss.
Date: 
05/29/09
Case Title:
Case #: 
07-37452
Description: 
The opinion concerns the importance of drafting loan documents and home mortgage contracts in a clear and deliberate manner and the consequences of failing to do so. Namely, the Court will not give home lenders the benefit of the doubt relating to documents that they themselves drafted. As such, The language of the loan documents prevented certain lenders from collecting fees and costs from Chapter 13 estates.
Date: 
06/12/09
Case Title:
Case #: 
08-37521
Description: 
When a debtor is forced to needlessly incur attorney's fees due to a creditor's failure to comply with the requirements of bankruptcy Rule 3001, this Court will sustain objections to that creditor's proof of claim and also impose sanctions and award attorney's fees to the debtor.
Date: 
06/26/09
Case Title:
Case #: 
08-37521
Description: 
Failure to stay apprised of this Court's prior rulings and disregard for this Court's Notice and Order may result in the preclusion of a creditor from being able to amend a defective proof of claim.
Date: 
07/06/09
Case Title:
Case #: 
07/34360
Description: 
Failing to properly reduce a loan into writing may result in the denial of a creditor's claim against a debtor.
Date: 
07/09/09
Case Title:
Case #: 
08-37521
Description: 
When determining whether a divorce settlement cash award is alimony, the Court looks to the intent of the parties, as evidenced by the language of a divorce decree
Date: 
07/20/09
Case Title:
Case #: 
08-37521
Description: 
Counsel must ensure that they have truly negotiated all material terms to their clients' satisfaction before appearing in court and announcing that an agreement has been reached.
Date: 
08/05/09
Case Title:
Case #: 
08-03324
Description: 
A motion to dismiss may be construed as a motion for summary judgment.
Date: 
11/19/09
Case Title:
Case #: 
08-32404
Description: 
If a creditor properly files its proofs of claim, a creditor avails itself of prima facie validity for that claim and avoids the strictures of the post-objection amendment process while shifting the evidentiary burden to a debtor.
Date: 
05/18/10
Case Title:
Case #: 
08-03291
Description: 
The Court granted a motion for contempt when Wells Fargo failed to correct the debtors' loan records pursuant to an agreed judgment that it signed in order to settle an adversary proceeding and avoid a trial
Date: 
07/02/10
Case Title:
Case #: 
09-39760
Description: 
Due on sale clauses will be enforced even when a bankruptcy petition has been filed because they are a fundamental aspect of a mortgagee's rights.
Date: 
07/06/10
Case Title:
Case #: 
09-03423
Description: 
The Court concluded that a debtor's conduct did not constitute defalcation. Therefore, the debt owed by the debtor to the creditor was not excepted from discharge under such a theory.
Date: 
10/06/10
Case Title:
Case #: 
07-35713
Description: 
Compensation for debtor's counsel had no priority over payments to the mortgagee as the original payments to the mortgagee were adequate-protection payments. Moreover, counsel was not entitled to any additional payments because his services did not benefit the estate.
Date: 
10/25/12
Case Title:
Case #: 
12-34980
Description: 

Post-BAPCPA, the debtor confirmed and substantially consummated a Chapter 11 Plan. He never received a discharge in the Chapter 11 case, and it remained conditionally open. The debtor later defaulted under the Chapter 11 plan, and his secured creditor posted his real property for foreclosure, as bargained for in the Chapter 11 plan. On the eve of the foreclosure sale, the debtor filed a Chapter 13 case in which he materially altered the treatment of his creditors. By attempting to prosecute a Chapter 13 case, the debtor was impermissibly trying to modify his Chapter 11 plan. An individual debtor may modify a Chapter 11 plan through the Chapter 11 Code provisions alone. Additionally, a debtor whose case remains conditionally open may not file a simultaneous bankruptcy case. Finally, the debtor's Chapter 13 case was bad faith as a serial filing. 

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