Texas

Diligence by Itself Won’t Justify Invocation of Equitable Tolling

Houston judge doesn’t excuse delay in identifying John Doe defendants.

Lump-Sum Child Support Claim Disallowed when Debtor Was Current

‘Relationship test’ bolsters Texas judge in disallowing claim for child support.

For Chapter 13 Eligibility, Lease Claims Aren’t Capped

Large judgment for future rent made debtors ineligible for chapter 13.

Courts Split on Bankruptcy Judge’s Ability to Invoke ‘Innocent Spouse’ Doctrine

After waiting six months, bankruptcy court may rule on a debtor’s ‘innocent spouse’ claim.

Stern Doesn’t Limit Bankruptcy Court in Liquidating a Nondischargeable Debt

Decisions by Circuit Judge Posner and Houston’s Judge Isgur don’t line up.

Debtor May Not Benefit from His Own Fraudulent Transfer

Exemption cannot be claimed in a home recovered as a fraudulent transfer.

Accelerating Final Payoff Doesn’t Permit Modifying a Home Mortgage

Debtor’s clever strategy to prepay a mortgage didn’t invoke Section 1322(c)(2).

Frost on Homesteads in Chapter 13 Extended to Exempt IRAs in Chapter 7

Debtors must maintain exempt status of assets until chapter 7 case is closed, judge rules.

District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel

Conversion to chapter 7 bars judicial estoppel on claim arising after filing.

Austin Judge Writes Treatise on Valuation of Personal Property

Lender needs more than Blue Book value to win a valuation trial.

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