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Judge Wiener

Garner v. Knoll Inc. (In re Tusa-Expo Holdings Inc.)

Ruling: 
Avoidance properly denied where creditor made transfer from proceeds of own collateral.
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Commercial case opionion summary, case decided on January 28,2016, LexisNexis #0216-125

Hoff v. McConnell (In re Hoff)

Debtor, the beneficiary of a trust, filed for bankruptcy protection. Appellee bankruptcy trustee sought to bring funds of the trust into the bankruptcy estate, free of trust. The bankruptcy court ruled that debtor could not make a withdrawal from the trust because his mother, a settlor, was still living. The U.S. District Court for the Western District of Texas reversed. Debtor and his mother appealed.
Ruling: 
Case remanded for determination of amount debtor could withdraw from trust on petition date to allow recovery of that amount for the estate.
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Consumer case opionion summary, case decided on June 15,2011, LexisNexis #0711-034

Aguiluz v. Bayhi (In re Bayhi)

The District Court for the Middle District of Louisiana, affirming a bankruptcy court, vacated a state court judgment, enjoined further state court litigation, and held appellant ex-husband in contempt, pursuant to 11 U.S.C.S. § 524(a), for attempting to enforce contribution from appellee debtor ex-wife in connection with an outstanding student loan. The ex-husband appealed.
Ruling: 
Contempt order reversed as debtor's spouse's attempt to enforce contribution claim on nondischargeable student loan debt did not violate discharge injunction.
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Consumer case opionion summary, case decided on May 16,2008, LexisNexis #0608-062

The Cadle Co. v. Pratt (In re Pratt)

On appeal from the District Court for the Northern District of Texas, appellant challenged a bankruptcy court's denial of its motion for sanctions against counsel for appellee debtor in an underlying chapter 7 bankruptcy proceeding and an award of attorney's fees debtor's counsel.
Ruling: 
Denial of sanctions was proper but appeal of award of attorneys fees dismissed due to remand for further proceedings.
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Consumer case opionion summary, case decided on April 08,2008, LexisNexis #0408-140
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