Dec
02
2020
Opoku, In re--Swift Fin., LLC v. Opoku
Ruling:
Creditor failed to prove by a preponderance of evidence that asserted debt owed by debtorarose from the infliction of a willful and malicious injury as debtor took no action thatcreated an objective substantial certainty of harm to creditor. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on December 02,2020, LexisNexis #0121-032
Sep
15
2020
Hays, In re--Spears v. Hays
Ruling:
Tenant was entitled to attorney fees, which were nondischargeable, due to debtor landlord'sdeceptions and unfair acts to obtain money she was not entitled to. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on September 15,2020, LexisNexis #1020-083
Jan
22
2020
Davidson, In re--Trans Global Auto Logistics, Inc. v. Davidson
Ruling:
Debt from the debtor's failure to perform on a construction contract was nondischargeable asthe elements of § 523(a)(2)(A) were established. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on January 22,2020, LexisNexis #0320-008
Sep
30
2019
Thornhill, In re--Vrana v. Thornhill
Ruling:
Debtor’s fiduciary defalcation was not subject to immunity under state law and resulted innondischargeable debt. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1219-010
Sep
30
2019
Wofford, In re--Judd, Thomas, Smith & Co. v. Wofford
Ruling:
Amounts payable to debtor post-petition under asset purchase agreement were property ofdebtor's bankruptcy estate. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1219-013
Sep
27
2019
Pickens, In re
Ruling:
Trustee was not entitled to a summary judgment avoiding the deposit of the settlement checkas a preferential transfer as trustee failed to show that the deposit was a "transfer" from thedebtor to the lawyer. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-068
Sep
27
2019
Husted, In re
Ruling:
Court granted the application to employ a special litigation counsel for the Chapter 13 estate asthe counsel specialized in pursuing claims for the type of injury sustained by the debtor.(Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-054
Sep
06
2019
Texas Pellets, Inc., In re
Ruling:
Court confirmed debtors' joint Chapter 11 plan where debtors proposed the plan in goodfaith and it complied with each applicable provision of the Bankruptcy Code. (Bankr. E.D.Tex.)
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Commercial case opionion summary, case decided on September 06,2019, LexisNexis #1119-018
Jul
26
2019
Stapleton, In re--Benchmark Bank v. Stapleton
Ruling:
Denial of discharge for filing a false financial statement denied debtor as bank failed todemonstrate that it required debtor to tender a financial statement or other financialrepresentation in order to procure a boat loan. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on July 26,2019, LexisNexis #0919-081
Apr
09
2019
Long, In re--Bruce v. Long
Ruling:
Debt was not excepted from discharge as creditor failed to demonstrate that debt arose fromthe infliction of a willful and malicious injury. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on April 09,2019, LexisNexis #0619-067
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