05-30161

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.

06-32451

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.

03-47872

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.

06-32327

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.

06-3669

A bankruptcy court may have discretion to deny the enforcement of a valid arbitration agreement.

06-34785

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."

06-35051

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.

06-3469

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.

06-3671

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.

06-32451

A bankruptcy court has discretion to reconsider and reduce a creditor's claim.

05-90374

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.

07-3481

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.

07-3341

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.

07-35147

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

08-30815

(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).

08/30815

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.

07-36683

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.

08-03239

11 U.S.C. 525(b) does not prohibit private employers from discriminating against prospective employees based on their bankruptcy status.

08-32404

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.

07-03481

The Court concluded that it had subject matter jurisdiction to adjudicate the plaintiffs' claims under 28 U.S.C. 1334(b).

07-03481

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.

05-82307

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

08-03061

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.

07-37452

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.

08-37521

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.

08-37521

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.

07/34360

Failing to properly reduce a loan into writing may result in the denial of a creditor's claim against a debtor.

08-37521

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

08-37521

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.

08-03324

A motion to dismiss may be construed as a motion for summary judgment.

08-32404

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.

08-03291

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

09-39760

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.

09-03423

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.

07-35713

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.

12-34980

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.