| Selected Non-Published Opinions |
|
Rulings posted for Judge Steen:
| Date:
10/28/2004 |
Case
Number: 4:03BK38552 |
| Signed
On: 10/28/04 |
Case
Title: In re Susan Renee Whaley |
| Description:
Reinstatement of a chapter 13 case (vacating an order dismissing the case) is inappropriate when confirmation of the case was conditioned on the Debtor bringing plan payments current within a period of time that the Debtor suggested as more than sufficient. The Court also expresses substantial reservations about ever confirming a case when payments are delinquent or are only recently brought current. |
| Download
PDF: 03-38552_Whaley_ord_den_2nd_mot_to_vacate_dis.pdf
|
| Date:
02/03/2004 |
Case
Number: 4:03BK37718 |
| Signed
On: 02/03/04 |
Case
Title: Philip Services Corporation |
| Description:
Analysis of “distress termination” rules of ERISA Section 1341 (c)(2) regarding termination of single-employer pension plans when required by plan of reorganization; and whether debtor in bankruptcy may reject a pension plan as an executory contract. |
| Download
PDF: 0337718_den_term_rej_of_seppp.pdf
|
| Date:
02/07/2003 |
Case
Number: 4:01BK35220 |
| Signed
On: 11/25/02 |
Case
Title: In Re Agrifos Fertilizer L.P. |
| Description:
Whether a retail electricity provider created as a consequent of state deregulation is a "utility" for purposes of Bankruptcy Code Section 366. |
| Download
PDF: Agrifos0135220.pdf
|
| Date:
01/26/2007 |
Case
Number: 4:06BK37157 |
| Signed
On: 01/26/07 |
Case
Title: In Re David and Stacey Beacher |
| Description:
Whether individual chapter 7 debtors must file Bankruptcy form B22A if their debts are not primarily consumer debts, and procedure for provisional ruling. |
| Download
PDF: Beacher0637157.pdf
|
| Date:
08/26/2004 |
Case
Number: 4:03BK4250 |
| Signed
On: 7/29/04 |
Case
Title: West v. Family Express |
| Description:
Does failure to disclose a cause of action in a chapter 11 disclosure statement preclude the Debtor's successor from asserting that action against a party that was active in the case? |
| Download
PDF: Bilstat_03-4250.pdf
|
| Date:
01/09/2002 |
Case
Number: 4:98BK31819 |
| Signed
On: January 9, 2002 |
Case
Title: In Re Richard W. Burns |
| Description:
Court's procedures for evaluating fee applications. |
| Download
PDF: Burns9831819.pdf
|
| Date:
02/23/2006 |
Case
Number: 4:05BK45205 |
| Signed
On: 02/23/06 |
Case
Title: In Re Emily Kay Burr |
| Description:
Based on stipulations that the chapter 7 debtor sold nonexempt assets and purchased exempt assets after consultation with bankruptcy counsel, the court held that the trustee had established a prima facie case of fraud under Tex. Ins. Code § 1108.053 and denied exemption of the annuity in the absence of any other evidence of the debtor’s motive. |
| Download
PDF: Burr0545205.pdf
|
| Date:
10/22/2004 |
Case
Number: 4:04BK39752 |
| Signed
On: 10/13/04 |
Case
Title: In Re Frederick Eugene Cage |
Description:
(1) Whether periodic payments are required before confirmation of a chapter 13 plan to adequately protect a lender secured by an automobile; and (2) whether a promise of payment in a chapter 13 plan is sufficient adequate protection to deny relief from the stay.
|
| Download
PDF: Cage04-39752.pdf
|
| Date:
11/29/2001 |
Case
Number: 4:01BK36272 |
| Signed
On: 11/20/01 |
Case
Title: In Re Collida |
| Description:
Analysis of criteria for allowance of attorneys' fees in chapter 13 cases. |
| Download
PDF: Collida0136272.pdf
|
| Date:
08/09/2006 |
Case
Number: 4:06BK3375 |
| Signed
On: 08/02/06 |
Case
Title: In Re Craig and Lisa Crawford |
| Description:
In a chapter 7 case, the Clerk of Court issued a second notice of 341 meeting that incorrectly stated a second later deadline for filing objections to discharge and to dischargeability of debts. The opinion holds that the Clerk’s error effectively extended the deadline. |
| Download
PDF: Crawford063375.pdf
|
| Date:
09/17/2004 |
Case
Number: 4:03BK47924 |
| Signed
On: 9/8/04 |
Case
Title: In Re Demetria Laurna Franklin |
| Description:
(1) Whether “reinstatement” of a dismissed bankruptcy case is appropriate. (2) Whether post-dismissal cure of payment (and other) debtor defalcation is appropriate grounds to vacate an order dismissing a chapter 13 case. |
| Download
PDF: Franklin_0347924.pdf
|
| Date:
02/22/2005 |
Case
Number: 4:03BK45098 |
| Signed
On: 2/17/05 |
Case
Title: In Re Thomas Gomez |
| Description:
Whether the stay should be lifted as to a nondebtor spouse in a chapter 13 case that does not propose payment of 100% of claims. |
| Download
PDF: Gomez0345098.pdf
|
| Date:
04/28/2005 |
Case
Number: 4:04BK40178 |
| Signed
On: 4/27/05 |
Case
Title: In Re Patti Louise Hernandez |
| Description:
Whether a college violates § 362 of the Bankruptcy Code by refusing to provide a transcript unless the Debtor first pays a pre-petition student loan. |
| Download
PDF: Hernandez0440178.pdf
|
| Date:
08/09/2006 |
Case
Number: 4:04BK31214 |
| Signed
On: 08/07/06 |
Case
Title: In Re James Lewellyn Miller, II |
| Description:
Debtor’s failure to list a claim against a third party does not judicially estop the chapter 7 trustee from reopening a bankruptcy case to pursue that claim. |
| Download
PDF: Miller0431214.pdf
|
| Date:
10/27/2005 |
Case
Number: 4:05BK34951 |
| Signed
On: 10/14/2005 |
Case
Title: In ReRichard John Mireless, Jr. and Angela Lynette Mireles |
| Description:
Memorandum and Order declining to sign proposed form of agreed order that would provide secured creditor with administrative expense priority claim for attorneys' fees for filing motion for relief from automatic stay. |
| Download
PDF: Mireless0534951.pdf
|
| Date:
01/20/2005 |
Case
Number: 4:04BK41797 |
| Signed
On: 1/18/05 |
Case
Title: In Re Colleen Moore |
| Description:
Unless and until the SDTX adopts a comprehensive procedure for “interim” or “tentative” plan confirmation, the Court will not confirm a chapter 13 plan unless the Court is satisfied that all requirements established in Section 1325 are satisfied on the plan confirmation date. Debtors and their counsel are responsible for effective and efficient prosecution of chapter 13 case. If cases are not prosecuted effectively and efficiently, they may be dismissed for unreasonable delay prejudicial to creditors. Failure to undertake appropriate pre-confirmation action to comply with case management orders will be a principal consideration in determining whether cases have been effectively and efficiently prosecuted. |
| Download
PDF: Moore0441797.pdf
|
| Date:
11/27/2006 |
Case
Number: 5:06BK06-50216 |
| Signed
On: 11/20/06 |
Case
Title: In Re Belinda Ortiz |
| Description:
This opinion analyzes the criteria for issuance of a 362 stay in a chapter 13 case involving a debtor who was a debtor in two previous cases within the 12 months preceding the commencement of the third case. |
| Download
PDF: Ortiz0650216.pdf
|
| Date:
11/29/2001 |
Case
Number: 4:00BK37098 |
| Signed
On: 11/25/01 |
Case
Title: In Re Stephanie Pierce |
| Description:
A judicial foreclosure sale of property of the bankruptcy estate conducted subsequent to the filing of a bankruptcy petition in violation of the automatic stay is void regardless of whether the parties to the sale are in good faith and are ignorant of the bankruptcy ruling, the sale becomes valid only if the bankruptcy judge grants retroactive relief from the stay. |
| Download
PDF: Pierce0037098.pdf
|
| Date:
06/12/2003 |
Case
Number: 4:98BK41812 |
| Signed
On: 9/4/2002 |
Case
Title: In Re Derrick & Revarda Robinson |
| Description:
En banc opinion concerning attorneys fees in chapter 13 cases. |
| Download
PDF: Robinson9841812.pdf
|
| Date:
10/16/2002 |
Case
Number: 4:02BK30336 |
| Signed
On: September 30, 2002 |
Case
Title: In Re Mohamad A. Samadi and Sarah Samadi |
| Description:
The Court concluded that based on all of the facts and circumstances, the Court could not conclude that the debtors’ chapter 13 plan had been proposed in good faith. |
| Download
PDF: Samadi0230336.pdf
|
| Date:
07/01/2002 |
Case
Number: 4:01BK50553 |
| Signed
On: June 29, 2002 |
Case
Title: In re Blanca E. Scola |
| Description:
Objection to IRS proof of claim is denied for failure to file tax returns as required by court order and Debtor is noticed of potential dismissal of case with prejudice. |
| Download
PDF: Scola0150553.pdf
|
| Date:
11/16/2006 |
Case
Number: 7:06BK60084 |
| Signed
On: November 14, 2006 |
Case
Title: In Re Sylvia C. Solis |
| Description:
Debtor purchased 2 vehicles within 910 days prior to filing her chapter 13 bankruptcy case. In her chapter 13 plan, Debtor proposed to cram down the lien creditor on both vehicles. Debtor’s Dodge Neon was intended for the sole use of her adult son and his family. Debtor’s Dodge Ram was intended for family and household use, including travel to and from work; the Ram later was used in Debtor’s husband’s business. The opinion (1) that the former vehicle is not covered by the Bankruptcy Code § 1325 “hanging paragraph” because it is not for Debtor’s personal use, but the opinion further holds that the plan cannot be confirmed if it proposes to cram down this lien because the plan does not comply with all provisions of title 11 and is not filed in good faith, (2) differs with existing jurisprudence concerning the definition of “personal use” for purposes of the “hanging paragraph” and defines how the Court will determine “personal use”; and (3) holds that the effective date of a plan for purposes of calculating the present value of payments to secured vehicle lenders is the date that the case was filed. |
| Download
PDF: Solis0660084.pdf
|
| Date:
02/17/2006 |
Case
Number: 4:03BK43814 |
| Signed
On: 02/13/06 |
Case
Title: In Re Donald Raye Thomas, Sr. |
| Description:
The bankruptcy court found that the chapter 13 Debtors and their counsel intentionally filed false statements concerning the amount of the IRS priority claim. The court held that these misstatements constituted a fraud on the court and justified sanctions and an order vacating confirmation of the chapter 13 plan, even though no party in interest had moved to vacate confirmation and even though the order confirming the plan had been issued more than 180 days prior to the court’s determination. |
| Download
PDF: Thomas0343814.pdf
|
| Date:
03/13/2003 |
Case
Number: 4:02BK35075 |
| Signed
On: 3/5/2003 |
Case
Title: In Re San Juana Phillips |
Description:
When a chapter 13 case is dismissed prior to confirmation of a chapter 13 plan, the lodestar is but one factor that the court should consider in determining reasonable attorney’s fees for debtor’s counsel. Equally important factors include the benefit and necessity of the services to the debtor and the benefit and necessity of the services to confirmation of the plan.
|
| Download
PDF: sjphillips0235075.pdf
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