Mar
07
2023
Johns, In re--Rutan v. Johns
Ruling:
Creditors properly pleaded a § 727(a) claim by alleging that the debtor concealed property by failing to list various properties and denying holding property for others. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on March 07,2023, LexisNexis #0523-018
Mar
07
2023
1960 Fam. Practice, P.A., In re--Engelhart v. Le Nguyen
Ruling:
The order of dismissal was effectively with prejudice to refiling as the two-year limitations period to file claims had run. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on March 07,2023, LexisNexis #0523-014
Feb
09
2023
Trevino, In re--Trevino v. U.S. Bank Trust, N.A.
Ruling:
Debtors were entitled to recover an award of reasonable and necessary attorneys' fees and expenses as debtors prevailed on an unfair debt collection claim regarding their home loan. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on February 09,2023, LexisNexis #0423-027
Feb
03
2023
GFS Indus., LLC, In re--Avion Funding, LLC v. GFS Indus., LLC
Ruling:
Direct appeal to the circuit court of appeals was warranted on issue of whether nondischarageability proceedings may brought against Subchapter V debtors. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on February 03,2023, LexisNexis #0423-011
Feb
06
2023
Lilis Energy, In re
Ruling:
Plaintiff was entitled to summary judgment in preference proceeding as defendant's sole response was to state that additional discovery was necessary to establish its defense. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on February 06,2023, LexisNexis #0423-014
Jan
27
2023
Hardwick, In re--Anderson v. Hardwick
Ruling:
Partial summary judgment of nondischargeability was appropriate as there was no evidencethat plaintiffs' Financial Industry Regulatory Authority order had been memorialized in aseparate judicial or administrative order. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on January 27,2023, LexisNexis #0323-090
Jan
25
2023
Perez, In re
Ruling:
Bankruptcy court was not asked to determine the tax liability of a creditor's agent but ratherthe agent's entitlement to attorney's fees and costs. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on January 25,2023, LexisNexis #0323-082
Jan
24
2023
Burts Constr., Inc., In re
Ruling:
Creditor's pre-petition lien on accounts did not extend to the proceeds of a post-petition sale.(Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on January 24,2023, LexisNexis #0323-066
Jan
25
2023
Porter Dev. Partners, LLC, In re
Ruling:
Reconsideration of an order disallowing claims was granted where the claims were litigated asa contested matter. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on January 25,2023, LexisNexis #0323-055
Jan
13
2023
Semco Mfg. Co., In re
Ruling:
Debtor's Chapter 7 proceeding was dismissed with a one-year bar to refiling as it was filed inbad faith. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on January 13,2023, LexisNexis #0323-042
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