Bilstat v. Family Express (In re Bilstat), 314 B.R. 603 (Bankr. S.D. Tex. 2004)

  July 29, 2004
  Bankruptcy / Chapter 11
  US: District Court
  Houston, TX
  314 B.R. 603
 

Defendant

Family Express
Hugh Massey Ray III
Hugh Massey Ray III
Avvo Rating: 10.0 (Superb)

Won summary judgment

Precedent-setting case on preference defense. Obtained dismissal based on summary judgment filed before the answer. Summary judgment was granted based on judicial estoppel. The Debtor made statements about preferences that bound the Trustee. The Debtor failed to properly preserve preference claims in the plan of reorganization.
Plaintiff

Bilstat
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David Ronald Jones (Is this you?)
Avvo Rating: 7.2 (Very Good)
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Blake Edward Rizzo (Is this you?)
Avvo Rating: 5.9 (Average)
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