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District of texas

RQMJXL LLC, In re

Ruling
Reconsideration of the vacation of an order authorizing employment of an attorney as debtor's counsel was denied where the attorney was not a disinterested person at the petition date. (Bankr. S.D. Tex.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.

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Commercial opinion summary, case decided on October 08, 2024 , LexisNexis #1224-052

Gerleman, In re--Carbaidwala v. Gerleman

Ruling
Motion for summary judgment in nondischargeability proceeding denied as there were material facts in dispute. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge.

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Consumer opinion summary, case decided on October 04, 2024 , LexisNexis #1224-060

Alta Mesa Res., Inc., In re--Dunn v. HPS Inv. Partners, LLC

Ruling
Trustee failed to sufficiently plead an actual benefit that was avoidable and recoverable on the
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property.

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Commercial opinion summary, case decided on October 01, 2024 , LexisNexis #1224-043

Turkey Leg Hut & Co. LLC, In re

Ruling
Subchapter V case ordered converted to Chapter 7 due to inadequate insurance , failure to timely file accurate financial statements, and failure to follow court orders. (Bankr. S.D. Tex.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes “Cause”.

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Commercial opinion summary, case decided on September 27, 2024 , LexisNexis #1224-046

Johns, In re--Rutan v. Johns

Ruling
Debtor's failure to accurately state income and lack of financial records was not grounds to deny discharge given that debtor had few financial records and provided tax returns. (Bankr. N.D. Tex.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property; Property of the Debtor.

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Consumer opinion summary, case decided on September 25, 2024 , LexisNexis #1224-013

RML, LLC, In re

Ruling
Certification of a direct appeal to the circuit court was granted as the court's prior judgment enforcing the reorganized debtor's plan injunction against the claimants involved an unsettled question of law regarding the bankruptcy system. (Bankr. S.D.N.Y.)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals; Certification.

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Commercial opinion summary, case decided on September 23, 2024 , LexisNexis #1224-020

Nelkin & Nelkin P.C., In re

Ruling
Individual lacked standing to object to a proposed Subchapter V plan as a stay of a replevin action in which she had potential claims against debtor’s principals would not affect her potential recovery or liability. (Bankr. S.D. Tex.)
Issue(s)
Confirmation of Plan; Rule of Construction; Requirements as of Effective Date of Plan; Ability to Make Payments

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Commercial opinion summary, case decided on September 20, 2024 , LexisNexis #1224-017

Triplett, In re--Black v. Triplett

Ruling
Denial of discharge was inappropriate where plaintiffs failed to prove that the debtor willfully refused to obey the order granting creditors an extension of time to file complaints or any other court order. (Bankr. E.D. Tex.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on September 04, 2024 , LexisNexis #1124-042

Clewis, In re-- Byman v. Dan Invs., LLC

Ruling
Property that was the subject of a post-petition transfer was property of the estate and could be recovered by trustee. (Bankr. S.D. Tex.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable Interests.

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Consumer opinion summary, case decided on August 29, 2024 , LexisNexis #1124-035

Kossoff PLLC, In re--Togut v. Besen

Ruling
Non-party's motion for permissive intervention was denied as the motion was untimely. (Bankr. S.D.N.Y.)
Issue(s)
Intervention.

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Commercial opinion summary, case decided on August 28, 2024 , LexisNexis #1124-025