Jul
26
2021
Eady, In re--Eady v. United States
Ruling:
Chapter 7 debtor was not entitled to discharge his student loans as he did not meet theWilliams or Brunner tests. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on July 26,2021, LexisNexis #0921-039
Feb
28
2021
Keese, In re--Barbknecht Firm, P.C. v. Keese
Ruling:
Discharge denied due to debtor's acquisition and appropriation of a tax refund with an intentto hinder, delay, or defraud a creditor. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on February 28,2021, LexisNexis #0421-070
Feb
24
2021
Epperson, In re--Epperson v. Educ. Credit Mgmt. Corp.
Ruling:
Student loan remained nondischargeable as debtor failed to demonstrate compliance with theestablished legal requirement to apply his or her income to the repayment of a student loanbefore the loan could be discharged. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on February 24,2021, LexisNexis #0421-010
Feb
08
2021
Jamieson, In re--Parkin v. Jamieson
Ruling:
Debt was not dischargeable as creditors failed to prove that debt evidenced by defaultjudgment was obtained by actual fraud. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on February 08,2021, LexisNexis #0321-057
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
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
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
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
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