Debtor’s liability to Lawyers Title, including treble damages under UDTPA, found nondischargeable pursuant to Section 523(a)(2)(B
Opinions
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William L. Stocks
Discharge/Dischargeability, Published No
12(b)(6) motion to dismiss claims for declaratory relief, breach of fiduciary duty, a RESPA violation, and unfair and deceptive trade practices granted
UCC & other State Law Issues, Published No
motion for contempt denied
Rule 9011/Contempt, Published No
Debtor awarded $5,115 in compensatory damages and $10,000 in punitive damages for creditor’s egregious and willful violation of the automatic stay
Automatic Stay, Published No
$1400 payment by debtor to law firm for unpaid balance of fee owed from previous case is an avoidable preferential transfer
Preferences, Published No
valuation for purposed of redemption
Redemption, Published No
motion to extend time for filing designation of items to be included in record on appeal
Appeals, Published No
section 1322(b)(2) precludes modification of the secured claim because provision in deed of trust directing how payments are to be applied does not serve to create a security interest in funds
Chapter 13 Plans, Published No
defendant allowed to file answer after date on which answer was due rather than being defaulted
Default, Published No
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