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5th circuit

SandRidge Energy, Inc., In re

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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Commercial opinion summary, case decided on May 23, 2025 , LexisNexis #0725-079

Tommy's Fort Worth, LLC, In re

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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Commercial opinion summary, case decided on May 22, 2025 , LexisNexis #0725-080

Adair, In re--Adair v. Stutsman Constr., L.L.C.

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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Consumer opinion summary, case decided on May 20, 2025 , LexisNexis #0725-089

Bortz, In re--Lavender v. Bortz

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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Consumer opinion summary, case decided on May 16, 2025 , LexisNexis #0725-062

Garcia, In re--Garcia v. United States Dep't of Educ.

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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Consumer opinion summary, case decided on May 16, 2025 , LexisNexis #0725-063

BMI Oldco Inc., In re

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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Commercial opinion summary, case decided on May 14, 2025 , LexisNexis #0725-091

Wood, In re

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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Consumer opinion summary, case decided on May 13, 2025 , LexisNexis #0725-054

Miracle Rest. Group, In re

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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Commercial opinion summary, case decided on May 13, 2025 , LexisNexis #0725-076

Hernandez, In re--Hernandez v. GMH of El Paso, LLC

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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Consumer opinion summary, case decided on April 29, 2025 , LexisNexis #0725-032

Adams, In re--Asbach v. Adams

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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Consumer opinion summary, case decided on March 26, 2025 , LexisNexis #0525-094