5th Circuit

Schwyhart, In re--CHP, LLC v. Schwyhart

Ruling: 
Debtors entitled to discharge where creditor failed to meet its burden on the element offraudulent intent. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on July 28,2020, LexisNexis #0920-042

Hanks, In re

Ruling: 
Motion to dismiss granted where student loan expenses were not "special circumstances" anddid not overcome the presumption of abuse under 11 U.S.C. § 707(b)(2). (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on July 20,2020, LexisNexis #0920-016

Cole, In re

Ruling: 
Rates charged were reasonable as they did not exceed those customarily charged in thelocation for purposes of a fee request from Chapter 13 debtor's attorneys. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on July 20,2020, LexisNexis #0920-003

Dernick, In re

Ruling: 
Court declined to impose sanctions as debtors' motion to disqualify counsel for companyformerly owned by debtors was reasonable and not objectively frivolous. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on May 22,2020, LexisNexis #0720-025

Gutierrez, In re

Ruling: 
The use of official form 105 was legally sufficient to state a claim in an involuntaryproceeding. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on May 15,2020, LexisNexis #0720-001

McDermott Int'l, Inc., In re

Ruling: 
Employment of financial advisor and support personnel approved as necessary for success ofthe case. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on May 20,2020, LexisNexis #0720-003

Mansel, In re--Piggly Wiggly Ala. Distrib. Co. v. Mansel

Ruling: 
Creditor's claim was deemed allowed as the creditor had filed its proof of claim in theunderlying bankruptcy case and the debtor did not object. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on April 29,2020, LexisNexis #0620-087

First NBC Bank Holding Co., In re

Ruling: 
Plan was confirmed as it did not violate the absolute priority rule where Treasury retained allof its pre-petition rights and was not losing any right to payment under the plan. (Bankr. E.D.La.)
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Commercial case opionion summary, case decided on May 01,2020, LexisNexis #0620-096

Ivison, In re--Ivison v. IRS

Ruling: 
Judgment was consistent with the court's memorandum opinion was entered as debtor'saggregate trust fund recovery penalty liability for the tax quarters was not dischargeable.(Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on March 31,2011, LexisNexis #0620-059

Williams, In re

Ruling: 
A bona fide dispute as to the full amount of a claim does not prevent standing to file aninvoluntary petition if an undisputed portion meets the threshold. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on April 27,2020, LexisNexis #0620-053

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