Legal Opinion

Evolve Fed. Credit Union v. Barragan-Flores (In re Barragan-Flores)

District Court, W.D. Texas

Decided April 19, 2018No. EP–17–CV–364–KCPublishedCited by 1 opinion

1Opinion of the Court

KATHLEEN CARDONE, UNITED STATES DISTRICT JUDGE

evolve Federal Credit Union appeals from a final order of the United States Bankruptcy Court for the Western District of Texas confirming Debtor Lucio Barragan-Flores Chapter 13 Bankruptcy Plan. Because the bankruptcy court misapplied the applicable law, this Court REVERSES the bankruptcy court's ruling and REMANDS the case for further proceedings consistent with this opinion.

I. BACKGROUND

The relevant facts are straightforward and undisputed. In February 2016, Lucio Barragan-Flores ("Debtor") entered into two loan agreements with evolve Federal…

2Cases cited17 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
  3. Stellwagen v. ClumSupreme Court of the United States · 1918
  4. B.R. Eubanks, M.D. v. Federal Deposit InsuranceCourt of Appeals for the Fifth Circuit · 1992
  5. 16 Collier bankr.cas.2d 1327, Bankr. L. Rep. P 71,842 in Re Shearn Moody, Jr., Debtor. W. Steve Smith, Trustee of the Estate of Shearn Moody, Jr. v. Norman D. RevieCourt of Appeals for the Fifth Circuit · 1987

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3Cited by1 opinion

  1. Evolve Fed Crdt Un v. Barragan-FloresCourt of Appeals for the Fifth Circuit · 2021

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