Mar
07
2023
Johns, In re--Rutan v. Johns
Ruling:
Creditors properly pleaded a § 727(a) claim by alleging that the debtor concealed property by failing to list various properties and denying holding property for others. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on March 07,2023, LexisNexis #0523-018
Mar
13
2023
Campbell, In re
Ruling:
Debtor was awarded damages against a creditor, an attorney, and a law firm and two attorneys for their willful violation of the bankruptcy stay by filing and serving a lawsuit seeking $8.5 million in damages against the debtor when they knew he had filed for bankruptcy as it was brought up in the divorce proceeding. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on March 13,2023, LexisNexis #0523-004
Mar
07
2023
1960 Fam. Practice, P.A., In re--Engelhart v. Le Nguyen
Ruling:
The order of dismissal was effectively with prejudice to refiling as the two-year limitations period to file claims had run. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on March 07,2023, LexisNexis #0523-014
Feb
09
2023
Trevino, In re--Trevino v. U.S. Bank Trust, N.A.
Ruling:
Debtors were entitled to recover an award of reasonable and necessary attorneys' fees and expenses as debtors prevailed on an unfair debt collection claim regarding their home loan. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on February 09,2023, LexisNexis #0423-027
Feb
15
2023
Terry Graham Trucking Inc., In re
Ruling:
Order of relief against involuntary debtor was warranted as the petitioners met their burden for filing the petition. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on February 15,2023, LexisNexis #0423-028
Feb
03
2023
GFS Indus., LLC, In re--Avion Funding, LLC v. GFS Indus., LLC
Ruling:
Direct appeal to the circuit court of appeals was warranted on issue of whether nondischarageability proceedings may brought against Subchapter V debtors. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on February 03,2023, LexisNexis #0423-011
Feb
03
2023
Vasser, In re--Vasser v. Thomas Autobody & Repairs
Ruling:
Bankruptcy court ordered the creditor to return the debtor's repossessed vehicle as title was still in debtor's name and it was property of the bankruptcy estate. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on February 03,2023, LexisNexis #0423-013
Feb
06
2023
Lilis Energy, In re
Ruling:
Plaintiff was entitled to summary judgment in preference proceeding as defendant's sole response was to state that additional discovery was necessary to establish its defense. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on February 06,2023, LexisNexis #0423-014
Jan
27
2023
Hardwick, In re--Anderson v. Hardwick
Ruling:
Partial summary judgment of nondischargeability was appropriate as there was no evidencethat plaintiffs' Financial Industry Regulatory Authority order had been memorialized in aseparate judicial or administrative order. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on January 27,2023, LexisNexis #0323-090
Jan
27
2023
United Furniture Indus., In re
Ruling:
Debtor's business decision to cease operations did not constitute bad faith and there was noshowing that its actions or inactions were fraudulent. (Bankr. N.D. Miss.)
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Commercial case opionion summary, case decided on January 27,2023, LexisNexis #0323-091
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