SandRidge Energy, Inc., In re
May
23
2025
Ruling
Debtor’s D&O policies and indemnification obligations related to securities lawsuits were assumed under the confirmed plan and became post-petition obligations of debtor. (Bankr. S.D. Tex.)
Issue(s)
Closing and Reopening Cases; When to Reopen.
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Court
:
- 11 U.S.C.
Tommy's Fort Worth, LLC, In re
May
22
2025
Ruling
Debtor's president’s failure to withdraw or amend complaints alleging claims belonging to the estate after being put on notice by the Trustee constituted a continuing violation of the automatic stay. (Bankr. N.D. Tex.)
Issue(s)
Automatic Stay; Scope; Acts to Obtain Property.
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Court
:
- 11 U.S.C.
Adair, In re--Adair v. Stutsman Constr., L.L.C.
May
20
2025
Ruling
Unclean hands defense to nondischargeability was improperly precluded as it was not litigated in state court default judgment proceeding. (5th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Court
:
- 11 U.S.C.
Bortz, In re--Lavender v. Bortz
May
16
2025
Ruling
Debt was excepted from discharge as debtor obtained funds through false representations and actual fraud in failed construction project. (Bankr. S.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 11 U.S.C.
Garcia, In re--Garcia v. United States Dep't of Educ.
May
16
2025
Ruling
Discharge of student loan debt was denied because debtor could maintain minimal living standard, lacked evidence of long-term hardship, and failed to show good faith repayment efforts. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
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BMI Oldco Inc., In re
May
14
2025
Ruling
District court decision resolving whether debtor’s talc contained asbestos was an issue necessary for determining the feasibility of proposed § 524(g) trust. (Bankr. S.D. Tex.)
Issue(s)
Effect of Discharge; Supplemental Injunctions in Chapter 11 Proceedings.
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Court
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Wood, In re
May
13
2025
Ruling
State contempt order obtained by creditor was a willful violation of the automatic stay since it sought collection on pre-petition debt without excluding estate property despite notice of bankruptcy. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay; Scope.
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Miracle Rest. Group, In re
May
13
2025
Ruling
Purdue Pharma did not prohibit temporary, non-consensual, non-debtor injunctions issued at confirmation to facilitate a successful reorganization. (Bankr. E.D. La.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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Hernandez, In re--Hernandez v. GMH of El Paso, LLC
Apr
29
2025
Ruling
Court found no actual damages for alleged automatic stay violation by pawn shop, citing lack of evidence of harm and jewelry's availability for redemption. (Bankr. W.D. Tex.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
Adams, In re--Asbach v. Adams
Mar
26
2025
Ruling
Trustee failed to meet its burden to show that debtor had the requisite scienter to justify dismissal. (Bankr. E.D. La.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
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Court
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