Legal Opinion
In Re Box
United States Bankruptcy Court, S.D. Texas
Decided May 3, 2005No. 04-45079PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
MARVIN ISGUR, Bankruptcy Judge.
The Court denies First State Bank’s Motion for Relief from Stay. Because a lender may not require the proceeds of a Texas home equity loan to be applied to that lender’s pre-existing, unsecured debt, the Court concludes that First State Bank’s lien on the Debtors’ homestead is unenforceable.
Findings of Fact 1
The following findings of fact are based on the testimony of Bernard Box and Kenneth Swick and the exhibits offered at the hearing on this matter. Mr. Box has been a First State Bank (“FSB”) customer for over 15 years. The bank made several…
2Cases cited16 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Fleming Foods of Texas, Inc. v. RylanderTexas Supreme Court · 1999
- City of Beaumont v. BouillionTexas Supreme Court · 1995
- City of LaPorte v. BarfieldTexas Supreme Court · 1995
- Sorokolit v. RhodesTexas Supreme Court · 1994
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re KleibrinkUnited States Bankruptcy Court, N.D. Texas · 2006
- Box v. First State BankDistrict Court, S.D. Texas · 2006
- Noland v. Wilmington Savings Bank (In re D & K Aviation, Inc.)United States Bankruptcy Court, S.D. Ohio · 2006
- Charles Blake StringerUnited States Bankruptcy Court, N.D. Texas · 2024
- Cruz M. Mendez Garcia v. Doral BankUnited States Bankruptcy Court, D. Puerto Rico · 2014