Archive for the 'Uncategorized' Category

Ongoing Saga of Homestead Proceeds

Monday, March 20th, 2017

In the latest installment of the homestead proceeds saga, the US District Court for the Western District has issued an opinion reversing Judge Gargotta’s opinion in In re DeBerry, 2015 WL 6528024. The District Court opinion can be found on the Western District Court website under Case N. 5:15-cv-01135-RCL, Docket No. 9.
This case starts with [...]

Home Equity Loan Violations

Friday, March 3rd, 2017

This is a very long post describing some recent case law with respect to home equity litigation in Texas. These events are significant to a consumer bankruptcy practice, but if the subject is of no interest, you may want to skip it.
The Texas Supreme Court issued two opinions on May 20, 2016 regarding issues related [...]

Lien Stripping

Tuesday, July 24th, 2012

We just filed our first “lien stripping” case where we are attempting to strip off a wholly unsecured second lien from a house the debtor owns in Washington DC. The property generates positive cash flow after paying the first lien (which will help the debtor fund her plan), but not enough cash flow to pay [...]

Bandi – Dischargeability under 523(a)(2)(A)

Tuesday, July 24th, 2012

On June 12, the Fifth Circuit issued an opinion addressing the meaning of “a statement respecting the debtor’s or an insider’s financial condition” [and the distinction between non-dischargeability of debts under 523(a)(2)(A) and (B)]. In re Bandi, 2012 WL 2106348 (5th Cir.2012).
523(a)excepts from discharge any debt –
(2) for money, property, services, or an extension, renewal, [...]

Discharge of taxes in bankruptcy

Monday, January 16th, 2012

Ladies and Gents -
The Fifth Circuit just (1/4/12) issued an opinion that is going to change our world. (Or at least part of it.) In McCoy v. Mississippi State Tax Commission, 2012 WL 19376 (5th Cir. 2012), the court interpreted the hanging paragraph at the end of 523(a) which was added by BAPCPA. That paragraph [...]

Ethical Implications of Recent Supreme Court Consumer Bankruptcy Opinions

Tuesday, May 24th, 2011

In the last year, the U.S. Supreme Court issued four opinions which addressed what appear to be fairly discrete questions of some practical import to consumer bankruptcy practitioners. Three of those cases have ethical implications which the Supremes either did not comprehend or did not attach much significance to.
 The first case, United Student Aid Funds, [...]

Lessons in Islamic Law – Contract Law

Tuesday, March 29th, 2011

The other day, I was reading something in the Tao Teh Ching which reminded me of something I read once in the Quran and I was looking for that and came across the following passage. In case anyone cares, I am not a Muslim, but I never trust what anyone else tells me the Quran [...]

Totality of the Circumstances under 707(b)(3)

Thursday, January 27th, 2011

 
Around Thanksgiving, The UST and I tried two 707(b) cases in front of Judge Mott. He took them under advisement and announced his rulings on December 22. He made lengthy recitations of findings of fact and conclusions of law on the record, but apparently will not be publishing these as opinions. If you are going [...]

Fifth Circuit affirms Camp v. Ingalls

Thursday, January 27th, 2011

On January 21 the Fifth Circuit affirmed the District Court opinion in Camp v. Ingalls.
 
In that case, the debtor moved from Florida to Texas in 2007 and filed a Chapter 7 in 2008, less than 730 days later. The question presented was what exemptions was the debtor allowed or required to claim.
 
Section 522(a)(3)(A) which was [...]

Assigned Ad Valorem Tax Claims in Chapter 13

Monday, July 20th, 2009

The following is a recent article published in the State bar of Texas Bankruptcy Law Section Newsletter. It is primarily of interest to consumer bankruptcy law attorneys practicing in Texas.
Chapter 13 debtors whose taxes are not escrowed will occasionally resort to one of the property tax payment services which pay the taxes and take an [...]

by Michael Baumer