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eastern district of texas

Simmons, In re--Simmons v. Simmons

Ruling
Debtor’s owelty note arising from divorce decree held nondischargeable as a domestic support obligation. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on June 09, 2025 , LexisNexis #0825-065

Garcia, In re--Garcia v. United States Dep't of Educ.

Ruling
Discharge of student loan debt was denied because debtor could maintain minimal living standard, lacked evidence of long-term hardship, and failed to show good faith repayment efforts. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on May 16, 2025 , LexisNexis #0725-063

Remarkable Healthcare LLC & Remarkable Healthcare of Seguin, LP, In re

Ruling
Chapter 11 plan confirmation denied due to debtor’s lack of good faith in proposing the plan and lack of feasibility. (Bankr. E.D. Tex.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on March 04, 2025 , LexisNexis #0525-023

Wilhelms, In re--EBE, Inc. v. Wilhelms

Ruling
Collateral estoppel could not be applied to establish nondischargeability as state court judgment was ambiguous as to specific facts and violations. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on March 03, 2025 , LexisNexis #0525-010

Hilltop SPV, LLC, In re

Ruling
Gas gathering agreement was an executory contract that could be rejected although any covenants running with the land would remain enforceable. (Bankr. W.D. Tex.)
Issue(s)
Executory Contracts and Unexpired Leases.

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Commercial opinion summary, case decided on January 06, 2025 , LexisNexis #0325-034

Brown, In re--Veritas Vincit, LLC v. Brown

Ruling
Debt was nondischargeable where jury's finding of liability for malicious criminal prosecution and civil conspiracy met both the subjective and objective tests for willful and malicious injury. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on December 09, 2024 , LexisNexis #0225-067

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.

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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.

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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.

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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.

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