Judge Brown

Amegy Bank Natl Assn v. Theiss (In re Theiss)

Plaintiff bank filed an adversary complaint for a determination that a debt owed to it by debtors, a married couple who operated a plumbing business, was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), and (a)(6). Plaintiff also objected to discharge per 11 U.S.C.S. § 727(a)(2) and (a)(5).
Ruling: 
Motion for denial of discharge denied where bank failed to prove its allegations by a preponderance of the evidence.
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Consumer case opionion summary, case decided on March 07,2011, LexisNexis #0411-024

In re ISC Bldg. Materials Inc.

Before the court was confirmation of chapter 11 debtor's second amended plan of reorganization.
Ruling: 
Chapter 11 plan confirmed as meeting best interests of creditors test.
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Commercial case opionion summary, case decided on February 10,2011, LexisNexis #0711-024

In re Turner

In several cases, the chapter 7 trustee objected to the debtors' claimed exemptions of their 2009 tax refunds and sought turnover pursuant to 11 U.S.C.S. § 542. The trustee requested additional compensation pursuant to 11 U.S.C.S. § 326.
Ruling: 
Trustee entitled to turnover of tax refunds to the extent exceeding claimed exemption.
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Consumer case opionion summary, case decided on February 03,2011, LexisNexis #0311-019

In re ISC Bldg. Materials Inc.

Debtor, a corporation that had filed a chapter 11 case, moved for orders approving procedures that debtor sought to utilize in connection with a proposed sale, at auction, of assets associated with one of its divisions. After the motion was filed and objections and other filings were made, debtor advised the court that counsel for all parties in fact were in agreement as to the procedures that should be utilized.
Ruling: 
Sale procedures approved as in best interests of debtor, estate and creditors.
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Commercial case opionion summary, case decided on January 24,2011, LexisNexis #0711-006

In re Collins

The Chapter 13 trustee and a creditor objected to confirmation of the debtor's Chapter 13 plan.
Ruling: 
Confirmation denied due to failure to surrender property to secured creditor or pay debt in full.
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Consumer case opionion summary, case decided on December 15,2010, LexisNexis #0111-098

Green v. Bandi (In re Bandi)

Plaintiff creditors brought an adversary complaint against the debtor seeking to deny the discharge of their debt based on a default judgment in the amount of $191,325.00 plus costs, attorney's fees and interest, under 11 U.S.C.S. § 523(a)(2)(A) and 523(a)(6). The creditors alleged numerous problems with the construction of their new residence by the debtor.
Ruling: 
Debtor contractor's failure to complete project did not result in nondischargeable debt absent willful or malicious conduct.
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Consumer case opionion summary, case decided on October 13,2010, LexisNexis #1110-088

In re Phoenix Assocs. Land Syndicate Inc.

A Chapter 7 trustee filed a motion seeking an order of contempt and sanctions against a creditor and its attorney for a willful violation of the automatic stay under 11 U.S.C.S. § 362(a)(1).
Ruling: 
Pursuit of judgment against debtor's subsidiary, which was not independently liable for debt prior to petition date, was a willful violation of stay.
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Commercial case opionion summary, case decided on October 05,2010, LexisNexis #1110-111

Navy Fed. Credit Union v. Adams (In re Adams)

Defendant debtor filed a chapter 7 petition on May 7, 1999. She obtained three credit card advances of $2,500 on March 31, 2009, April 2, 2009, and April 22, 2009 from plaintiff creditor. The creditor sought a determination of the dischargeability of its debt under 11 U.S.C.S. § 523(a)(2)(C)(i).
Ruling: 
Cash advances obtained within 70 days of petition date pursuant to false representations of repayment were nondischargeable.
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Consumer case opionion summary, case decided on September 22,2010, LexisNexis #1110-022

Capital One Bank v. Walters (In re Walters)

Plaintiff creditors filed adversary actions asking the court to hold that their claims against the debtor were nondischargeable under various subsections of 11 U.S.C.S. § 523.
Ruling: 
Debtor's fraudulent acceptance of payments for insurance annuities that were not obtained or cancelled resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on April 13,2010, LexisNexis #0710-049

Leiva v. Schneck (In re Schenck)

Plaintiff creditor filed the instant adversary complaint against defendant debtor to determine non-dischargeability under 11 U.S.C.S. § 523(a)(2), (a)(4), and for attorney fees and costs. The creditor moved for summary judgment. Debtor moved to dismiss the adversary proceeding.
Ruling: 
Debtor's forging of creditor's signature on credit application, note and security agreement resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on March 26,2010, LexisNexis #0610-120

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