Legal Opinion
In re Velazquez
United States Bankruptcy Court, S.D. Texas
Decided April 17, 2017No. CASE NO: 16-70326PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION REGARDING THE CHAPTER 13 TRUSTEE’S NOTICE OF ADJUSTMENT TO PLAN PAYMENT
[Resolving ECF No. 43]
Eduardo V. Rodriguez, United States Bankruptcy Judge
I. INTRODUCTION
Retroactive application of laws and procedures is “objectionable and undesirable because it hurts our feeling of justice to *253inflict a sanction, especially a punishment, upon an individual because of an action or omission of which this individual could not know that it would entail this sanction.”1 Yet, the chapter 13 Trustee’s (“Trustee”) procedure results in such a sanction. This is a situation where a procedure…
2Cases cited15 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
- In the Matter of John W. Foster, Jr. And Myrtha D. Foster, Debtors. John W. Foster, Jr., and Myrtha D. Foster v. William Heitkamp, TrusteeCourt of Appeals for the Fifth Circuit · 1982
- Meza v. Truman (In Re Meza)Court of Appeals for the Fifth Circuit · 2006
- In the Matter of James A. Maddox, Debtors. Tower Loan of Mississippi, Inc. v. James A. Maddox, Jr., and Harold J. Barkley, Jr., TrusteeCourt of Appeals for the Fifth Circuit · 1994
10 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- BERNARD AND DESIREE SHEPHERD VS. SELENE FINANCE, LP (L-1104-17, GLOUCESTER COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020