- 28 U.S.C.
Buffets, LLC, In re
Oct
01
2018
Ruling
Amendment to § 1930(a)(6) increasing quarterly U.S. Trustee fees was unconstitutional asapplied to debtor's case and could not be retroactively applied. (Bankr. W.D. Tex.)
Issue(s)
Bankruptcy Fees; Filing Fees; Chapter 11 Quarterly Fee.
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Court
:
- 11 U.S.C.
Pustejovsky, In re
Sep
01
2017
Ruling
Dismissal was vacated and case was converted to chapter 7 after court found sufficientevidence for a bad faith exception. (Bankr. W.D. Tex.)
Issue(s)
Power of Court.
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Court
:
- 11 U.S.C.
Perez, In re
May
05
2017
Ruling
Reduction of excessive and unreasonable attorney's fees granted. (Bankr. W.D. Tex.)
Issue(s)
Compensation of Officers.
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Court
:
- 11 U.S.C.
Lopez v. Hernandez (In re Hernandez)
Jan
13
2017
Ruling
Debt deemed nondischargeable for debtor's violation of fiduciary duty in a de factopartnership with creditor where he failed to disclose documents and other financialinformation related to the business upon creditor's request. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Court
:
- 11 U.S.C.
Association of Apt. Owners of Canterbury Place v. 1910 Partners (In re 1910 Partners)
Mar
04
2016
Ruling
Creditor association entitled to administrative expense claim for attorneys' fees due to substantial contribution to case.
Issue(s)
Was creditor association's claim for attorneys' fees entitled to administrative expense priority due to creditor's role in providing evidence and testimony as well as seeking appointment of a chapter 11 trustee, to the benefit of the estate?
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Court
:
In re 1910 Partners
Mar
04
2016
Ruling
Debtor's plan could be crammed down over dissenting class of creditors and confirmed.
Issue(s)
Could plan that had been rejected by one class of creditors be confirmed?
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Court
:
- 11 U.S.C.
Allen v. C & H Distribs. L.L.C.
Dec
23
2015
Ruling
Chapter 13 debtors properly estopped from asserting personal injury claim that they did not disclose to the bankruptcy court.
Issue(s)
Should personal injury plaintiffs be estopped from pursuing their claim due to failure to schedule the claim in their chapter 13 bankruptcy?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Studensky v. Buttery Co. LLP (In re Argubright)
Jul
02
2015
Ruling
Texas law did not void judgment lien upon discharge since creditor's rights were fixed on petition date could not be altered by state law.
Issue(s)
Whether a Texas law takes away a judgment lienholder's secured status in a bankruptcy case, following the debtor's discharge under the Bankruptcy Code?
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Court
:
- 11 U.S.C.
In re Walker
May
26
2015
Ruling
Chapter 11 plan proposed in good faith after lengthy negotiations could be confirmed notwithstanding failure of five impaired creditors to cast ballots.
Issue(s)
Should second amended plan filed by chapter 11 debtors in possession be confirmed?
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Court
:
- 11 U.S.C.
In re Ritz
May
22
2015
Ruling
Bankruptcy court properly held debt to be dischargeable where creditor did not allege any false representation leading to debtor's alleged fraud.
Issue(s)
Did bankruptcy court properly hold contractual debt owed to creditor by a corporation of which debtor was a shareholder to be dischargeable?
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Court
:
Judge or Jurisdiction information not available