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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In re Ward

The United States Bankruptcy Court for the Northern District of Texas denied a debtor's motion to reconsider an order denying her request to incur new debt for a used car. Debtor Chinique Ward sought to purchase a vehicle with a 20.25% interest rate from Reid’s Auto Connection, a dealership known for targeting bankruptcy debtors, after her original car was repossessed. The court found the proposed financing unreasonable and not in the debtor's best interest, especially given the dealership had provided the car and paid the debtor's attorney fees without prior court approval. The judge ordered the unwinding of the transaction, mandating the return of payments and the car, and highlighted increased scrutiny for future post-petition borrowing requests due to concerns over predatory practices. This decision underscores the court's role as a gatekeeper for chapter 13 debtors' post-confirmation financial activities, particularly regarding significant debt incurrence.

Chapter 13 BankruptcyPost-Petition DebtCar FinancingMotion to Incur DebtReconsideration DenialHigh Interest RatesPredatory LendingAttorney Fee DisclosureUnwinding TransactionDebtor's Rehabilitation
References
10
Case No. MISSING
Regular Panel Decision

In Re Cypresswood Land Partners, I

The case involves an objection by Cypresswood Land Partners, I (Debtor) to the final fee application of its former counsel, Beirne, Maynard & Parsons, L.L.C. (BMP), in a Chapter 11 bankruptcy. The Debtor alleged that BMP failed to properly disengage from representing Stephen A. Morrow, the Debtor's managing venturer, individually, and failed to adequately disclose this continued representation to the court. Additionally, the Debtor claimed BMP's final application was untimely filed, and an agreement signed by Morrow, which made him and another entity (Grace Interests, L.L.C.) liable for BMP's fees, was overreaching. The Bankruptcy Court sustained the Debtor's objections, denying all compensation and reimbursement to BMP, and ordering the firm to disgorge all fees already paid. The court found that BMP violated professional conduct rules, failed to disclose conflicts, filed late without cause, and presented an overreaching agreement.

BankruptcyChapter 11Attorney FeesFee Application ObjectionProfessional EthicsConflict of InterestDisclosure ViolationDisgorgement of FeesUntimely FilingFiduciary Duty
References
29
Case No. MISSING
Regular Panel Decision

In Re Philgo Realty Co.

The Debtor filed a motion to expunge a claim (Claim Number 8) filed by Worcester Quality Foods, Inc. The claim stemmed from a judgment against the Debtor in a Massachusetts action for a fraudulent conveyance of $144,000.00. The Debtor argued the Massachusetts court lacked jurisdiction and that the judgment violated the automatic stay from the Debtor's involuntary bankruptcy petition. The court denied the Debtor's motion, ruling that the Massachusetts court's jurisdiction determination was res judicata as the Debtor failed to perfect an appeal. Additionally, the court granted nunc pro tunc relief from the automatic stay to the claimant because the Debtor and its principals remained silent about the bankruptcy filing during the Massachusetts action.

BankruptcyClaim ExpungementRes JudicataAutomatic StayDue ProcessFraudulent ConveyanceNunc Pro Tunc ReliefInvoluntary PetitionChapter 11Jurisdiction
References
12
Case No. MISSING
Regular Panel Decision

In re Eppolito

Narsiza Eppolito, the Debtor, filed for bankruptcy in 2012 and was discharged from personal liability on her debts, including a note owned by CitiMortgage, Inc. Years later, after defaulting on her mortgage, Citi offered a loan modification agreement which included a subordinate note and mortgage in favor of the Secretary of Housing and Urban Development (HUD) for a portion of the discharged debt. The Debtor filed a Motion for Contempt, arguing this was an attempt to reaffirm a discharged debt in violation of the discharge injunction. The Court granted the Debtor's motion, finding Citi in contempt for attempting to collect on a discharged debt by requiring the subordinate note. The Court also awarded the Debtor attorney's fees for the costs incurred in bringing the motion.

BankruptcyDischarge InjunctionContempt MotionLoan ModificationReaffirmation of DebtHUD Partial Claim ProgramPersonal LiabilityMortgage DebtAttorney's FeesDebtor Protection
References
19
Case No. MISSING
Regular Panel Decision

In Re Lowe

This is a Chapter 7 bankruptcy case involving a Trustee's objection to the Debtor's claim of exemption for accrued funds from a General Motors-United Auto Workers profit-sharing plan. The central legal question was whether these funds qualify for exemption under New York's "opt-out" exemption statutes, specifically Debtor and Creditor Law § 282 or CPLR § 5205(c), or as a spendthrift trust under federal bankruptcy law. The Debtor presented six arguments, including claims of express statutory exemption, exclusion from the bankruptcy estate, and a cash exemption, along with arguments based on the de minimis amount and equitable considerations. The Court meticulously analyzed New York's convoluted exemption schema and ultimately rejected each of the Debtor's proposed arguments, emphasizing that exemptions must be statutory and cannot be created by the court. Consequently, the Court sustained the Trustee's objection, ordering the Debtor to turn over the profit-sharing funds to the Trustee.

BankruptcyExemption LawProfit Sharing PlanChapter 7Debtor and Creditor LawSpendthrift TrustERISAStatutory InterpretationTrustee ObjectionNew York Exemption Law
References
8
Case No. MISSING
Regular Panel Decision

In Re Horkins

The U.S. Bankruptcy Court addressed West End Terrace, Inc.'s (WETI) motion for summary judgment regarding a debtor in possession's objection to WETI's claim. The court granted summary judgment for WETI, ruling that the debtor's claims of fraud in condominium sales were barred by res judicata due to prior state court judgments. Additionally, the court rejected claims of irregularities in foreclosure sales, citing insufficient evidence from the debtor and non-compliance with discovery rules. Later, the court denied the debtor's motion to alter or amend the summary judgment, reiterating its prior findings and emphasizing the debtor's failure to meet Rule 56(f) requirements for further discovery.

BankruptcySummary JudgmentRes JudicataForeclosure SalesAutomatic Stay ViolationDebtor in PossessionClaim ObjectionFraud AllegationsCondominium SalesFederal Rule of Civil Procedure 56(f)
References
50
Case No. MISSING
Regular Panel Decision

In Re Dillon

The debtor filed a motion for contempt against the Internal Revenue Service (IRS), alleging a willful violation of the automatic stay by refusing to return funds levied from Individual Retirement Accounts (IRAs) prior to the bankruptcy filing. The debtor also filed a turnover motion for these funds, which the court dismissed procedurally. The court first addressed sovereign immunity, concluding that while declaratory and injunctive relief might be available, it lacked jurisdiction to award monetary damages against the IRS because the government had not filed a claim in the bankruptcy case. Furthermore, the court determined that the Tennessee exemption statute cited by the debtor did not apply to federal levies, meaning the IRA accounts were not exempt from the IRS's action. Consequently, even assuming a technical violation of the automatic stay, the debtor suffered no actual damages, and the motion for contempt was denied.

Automatic StaySovereign ImmunityBankruptcy CodeInternal Revenue ServiceIRA AccountsFederal LevyState Exemption LawMonetary DamagesContempt MotionTurnover Motion
References
9
Case No. MISSING
Regular Panel Decision

Pereira v. Young (In Re Young)

This memorandum decision from the U.S. Bankruptcy Court for the Eastern District of New York addresses an adversary proceeding where John S. Pereira, the Chapter 7 trustee, sought to deny the debtor, Ginger Young, a discharge in bankruptcy. The Trustee raised objections under three sections of the Bankruptcy Code, alleging the debtor failed to keep adequate records, knowingly withheld information, and could not satisfactorily explain the loss of assets totaling approximately $140,000 from a property sale and IRA/pension withdrawals. Judge Elizabeth S. Stong considered the debtor's defense of being a victim of severe domestic and financial abuse, supported by expert testimony from Laura Boyd, MSW. The court found the debtor's explanation credible and justified her inability to produce complete financial records and account for the asset disposition due to the traumatic circumstances. Consequently, all of the Trustee's objections to the Debtor's discharge were denied.

BankruptcyChapter 7Debtor DischargeTrustee ObjectionsDomestic AbuseFinancial AbuseRecord KeepingAsset DispositionJustificationCredibility
References
46
Case No. MISSING
Regular Panel Decision

In Re Thomson McKinnon Securities, Inc.

The Chapter 11 debtor, Thomson McKinnon Securities, Inc., moved to disallow James E. Parks' claim, arguing it was filed after the court-ordered bar date of October 30, 1990. Parks, a former customer, did not receive actual notice of the bar date, although the debtor was aware of his potential claim through letters from Legal Services. The court found that due process requires actual notice for known creditors and determined that the debtor had actual notice of Parks' asserted claim. Therefore, the court concluded that Parks was entitled to actual notice, which he did not receive, and granted an extension for his claim. Parks' proof of claim, filed on May 17, 1993, was deemed timely, and the debtor's motion to expunge was denied.

Bankruptcy LawProof of ClaimBar DateExcusable NeglectActual NoticeConstructive NoticeDue ProcessCreditors' RightsChapter 11Debtor in Possession
References
3
Case No. MISSING
Regular Panel Decision

Castillo v. Casado (In Re Casado)

Herman and Janet Castillo, the Plaintiffs, initiated an adversary proceeding to prevent the discharge of the Debtor, Aníbal Casado, M.D., under 11 U.S.C. § 727(a)(4)(A). They alleged that the Debtor made false statements in his bankruptcy schedules by misrepresenting accounts receivable, failing to list household goods, and omitting several pending lawsuits. The Court found compelling evidence that the Debtor made material false oaths and exhibited a pattern of deceit, primarily to avoid paying the Castillos' judgment. Consequently, the Court ruled that the Debtor knowingly made false statements and, therefore, his discharge will be denied.

Bankruptcy FraudFalse OathsDischarge DenialAccounts Receivable UnderstatementUndisclosed AssetsUndisclosed LawsuitsReckless IndifferenceChapter 7 BankruptcyCreditor RightsMedical Malpractice Judgment
References
13
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