Skip to main content

Page Banner(Taxonomy)

eastern district of texas

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.

ABI Membership is required to access the full summary of Gerleman, In re--Carbaidwala v. Gerleman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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

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.

ABI Membership is required to access the full summary of Triplett, In re--Black v. Triplett Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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

Gonzalez, In re

Ruling
Debtor's motion to avoid a judicial lien failed to show how it calculated the amount of the judgment determining the value of lien to be avoided. (Bankr. W.D. Tex.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

ABI Membership is required to access the full summary of Gonzalez, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 26, 2024 , LexisNexis #1124-008

Keith, In re--Kapitus Servicing, Inc. v. Keith

Ruling
Court declared debts nondischargeable due to debtor's false financial statements in purchaseagreement and finding reckless disregard for truth and lack of credibility regarding arrears.(Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

ABI Membership is required to access the full summary of Keith, In re--Kapitus Servicing, Inc. v. Keith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 09, 2024 , LexisNexis #0924-036

Mireles, In re--Viegelahn v. TMX Credit, Inc.

Ruling
Confirmation order was not res judicata as to trustee’s avoidance claim since the trustee hadalready brought an avoidance proceeding prior to confirmation. (Bankr. W.D. Tex.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.

ABI Membership is required to access the full summary of Mireles, In re--Viegelahn v. TMX Credit, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 24, 2024 , LexisNexis #0824-035

Deeproot Cap. Mgmt., In re--Lowe v. Carlile Patchen & Murphy, LLP

Ruling
Court found sufficient nexus between law firm's legal fee proof of claim for pre-petitionservices and the trustee's malpractice and attorney fee subordination lawsuit to justify theexercise of personal jurisdiction over the law firm. (Bankr. W.D. Tex.)
Issue(s)
Process; Service of Summons, Complaint.

ABI Membership is required to access the full summary of Deeproot Cap. Mgmt., In re--Lowe v. Carlile Patchen & Murphy, LLP Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 24, 2024 , LexisNexis #0724-074

Smith, In re

Ruling
Debt was dischargeable where debtor did not have subjective intent to cause harm and her actof co-signing the loan was not substantially certain to result in injury to the plaintiff. (Bankr.E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

ABI Membership is required to access the full summary of Smith, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 16, 2024 , LexisNexis #0724-040

Desouza, In re--Auction Credit Enters., LLC v. Desouza

Ruling
Summary judgment denied as creditor failed to demonstrate that it was entitled to a judgmentas a matter of law as to the nondischargeability of a floor plan loan for defendant's autodealership. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Desouza, In re--Auction Credit Enters., LLC v. Desouza Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 23, 2024 , LexisNexis #0624-088

Sereboff, In re--Kampfhenkel v. Sereboff

Ruling
Debtor failed to demonstrate that he was entitled to a judgment as a matter of law regardingthe issue of nondischargeability. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

ABI Membership is required to access the full summary of Sereboff, In re--Kampfhenkel v. Sereboff Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 22, 2024 , LexisNexis #0624-090

Traxcell Techs., LLC, In re

Ruling
Case dismissed as a bad faith filing as it was essentially a costless appeal bond for debtor'songoing proceedings and an attempt to relitigate the receivership order. (Bankr. W.D. Tex.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

ABI Membership is required to access the full summary of Traxcell Techs., LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 29, 2024 , LexisNexis #0324-068