American Guaranty, Inc. v. Miller (In Re Miller)
United States Bankruptcy Court, S.D. Texas
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
MANUEL D. LEAL, Bankruptcy Judge.
The issue presented is whether the lien of American Guaranty, Inc., is valid and enforceable under Texas law. The lien was fixed on Debtor’s homestead at her specific request for the express purpose of allowing the Debtor to purchase the equitable lien awarded to her ex-husband in the divorce decree from the state family court. American Guaranty, Inc., (hereinafter “AGI”) loaned Debtor the money and now seeks relief from the automatic stay to pursue its state court remedies.
Debtor, Anita Miller, challenges the validity of AGI’s lien…
2Cases cited28 opinions
- In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
- Texas Land & Loan Co. v. BlalockTexas Supreme Court · 1890
- Gatx Aircraft Corporation v. M/v Courtney Leigh, and Bryan Dedeker, Mrs. Bryan Dedeker, Ray Loden, Mrs. Ray Loden and P.T. Bailey, Inc.Court of Appeals for the Fifth Circuit · 1985
- Diversified Mortgage Investors v. Lloyd D. Blaylock General Contractor, Inc.Texas Supreme Court · 1978
- June T. Inc. v. Arnold Ray KingCourt of Appeals for the Fifth Circuit · 1961
23 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re Gary Raymond Donahue, Debtor. Linda K. (Donahue) Parker v. Gary Raymond Donahue, James T. Wiglesworth, Amicus CuriaeCourt of Appeals for the Tenth Circuit · 1988
- Elkhatib v. Elkhatib (In Re Elkhatib)United States Bankruptcy Court, N.D. Illinois · 1989
- In Re ChristieUnited States Bankruptcy Court, D. New Jersey · 1998
- Boyd v. Boyd (In Re Boyd)United States Bankruptcy Court, S.D. Texas · 1988
- In Re BuffingtonUnited States Bankruptcy Court, E.D. Texas · 1994
7 more not listed; retrieve them via the Exa API.