Nov
20
2023
Independence Fuel Sys. LLC, In re--Independence Fuel Sys. LLC v. Eastman Gas Co. LLC
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Ruling:
Debtor was not entitled to a remand of its claims related to the underlying bankruptcy. (Bankr.E.D. Tex.)
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Commercial case opionion summary, case decided on November 20,2023, LexisNexis #0224-021
Sep
06
2023
Kessler-Muse, In re
Ruling:
Debtor's objection to creditor's proof of claim for attorneys’ fees arising from state courtlitigation sustained. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on September 06,2023, LexisNexis #1123-083
Sep
26
2023
Dowdy, In re
Ruling:
Surety's objection to a debtor's discharge was denied as surety failed to establish that thedebtor made a false statement with actual intent to defraud. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on September 26,2023, LexisNexis #1123-094
Aug
24
2023
Kerns, In re--Kerns v. First State Bank of Ben Wheeler
Ruling:
Creditor bank’s reporting of debtor’s violation of state law did not violate the stay or dischargeinjunction as it was covered by the safe harbor provision of the Annunzio-Wylie Act. (Bankr.E.D. Tex.)
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Consumer case opionion summary, case decided on August 24,2023, LexisNexis #1123-005
Sep
07
2023
Coutts, In re--Han v. Coutts
Ruling:
Debt based on breach of contract was dischargeable absent findings of fraud in prior statecourt judgment that had collateral estoppel effect. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on September 07,2023, LexisNexis #1023-085
Jul
27
2023
Triplett, In re--Black v. Triplett
Ruling:
Motion for summary judgment on an objection to discharge denied as factual issues existed asto disclosures and whether the debtor had corrected errors or omissions. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on July 27,2023, LexisNexis #0923-092
Mar
31
2023
Triplett, In re--Valk v. Escoffie
Ruling:
Defendants were entitled to avoid and recover transfers that the debtor made to a particular entity as they established that the debtor made these transfers with actual or constructive intent to defraud his creditors. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on March 31,2023, LexisNexis #0523-093
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
06
2023
Kilpatrick, In re--Kilpatrick v. IRS
Ruling:
Motion for default in an adversary proceeding denied where the debtor effected service viacertified mail instead of first class mail. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on January 06,2023, LexisNexis #0323-023
Sep
27
2022
Sorrells, In re--Nationwide Judgement Recovery Inc. v. Sorrells
Ruling:
Summary judgment denied with respect to dischargeability where it was not shown thatdebtors themselves had committed a securities violation. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on September 27,2022, LexisNexis #1222-014