Villarreal v. Showalter (In Re Villarreal)
United States Bankruptcy Court, S.D. Texas
1Opinion of the Court
MEMORANDUM OPINION
MARVIN ISGUR, Bankruptcy Judge.
Gregorio B. Villarreal and Estela Villarreal, the debtors in this chapter 13 case, filed this adversary proceeding in which they seek to avoid the foreclosure of their real property. Although the foreclosure was conducted in accordance with state law, it enabled Showalter to receive more than he would have received in a hypothetical liquidation under chapter 7 of the Bankruptcy Code. Accordingly, the Court avoids the transfer made to Showalter at foreclosure.
Jurisdiction and Venue
The Court has jurisdiction over this adversary proceeding…
2Cases cited20 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- English v. General Electric Co.Supreme Court of the United States · 1990
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
- Demarest v. ManspeakerSupreme Court of the United States · 1991
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- In re JamesUnited States Bankruptcy Court, E.D. Tennessee · 2013
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