Legal Opinion
Box v. First State Bank
District Court, S.D. Texas
Decided March 10, 2006No. Civ.A. 05-2001PublishedCited by 6 opinions
1Opinion of the Court
AMENDED MEMORANDUM AND OPINION
ROSENTHAL, District Judge.
The First State Bank, Bremond S.S.B. (“Bank”) appeals from the bankruptcy court’s order denying the motion for relief from the stay imposed after Bernard K. Box and Patsy Box filed for bankruptcy under Chapter 7. The Boxes had obtained a home-equity loan from the Bank and used the loan proceeds to repay part of an unsecured preexisting debt also owed to the Bank. The bankruptcy court held that the lien was invalid because the Bank had “required” the borrower to use the home-equity loan proceeds to repay the preexisting debt, violating…
2Cases cited7 opinions
- Stringer v. Cendant Mortgage Corp.Texas Supreme Court · 2000
- Doody v. Ameriquest Mortgage Co.Texas Supreme Court · 2001
- Summit Coffee Co. v. Herby's Foods, Inc. (In Re Herby's Foods, Inc.)Court of Appeals for the Fifth Circuit · 1993
- Laster v. First Huntsville Properties Co.Texas Supreme Court · 1992
- In the Matter of Fred W. McDaniel Debtor. Beverly Jean Border v. Fred McDanielCourt of Appeals for the Fifth Circuit · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re SissomUnited States Bankruptcy Court, S.D. Texas · 2007
- In Re ParsleyUnited States Bankruptcy Court, S.D. Texas · 2008
- Gulley v. Countrywide Home Loans, Inc. (In Re Gulley)United States Bankruptcy Court, N.D. Texas · 2010
- Chambers v. First United Bank & Trust Co. (In Re Chambers)United States Bankruptcy Court, E.D. Texas · 2009
- Brei v. Ben Brinck, Asset Acceptance, LLC (In re Brei)United States Bankruptcy Court, N.D. Texas · 2019
1 more not listed; retrieve them via the Exa API.