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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

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.

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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.

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

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.

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

Casanova, In re

Ruling
Reopening case to allow amendment to the debtors' schedules by adding a creditor deniedwhere the effort would be futile. (Bankr. W.D. Tex.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on January 04, 2024 , LexisNexis #0224-078

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

Ruling
Summary judgment granted in favor of debtor in nondischargeability proceeding as neitherthe debtor nor his business was in a fiduciary relationship with the creditor. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Commercial opinion summary, case decided on October 30, 2023 , LexisNexis #0124-009

Xiomara Escalante-Sostre v. Lopez-Gutierrez (In re Xiomara Janisse Escalante-Sostre)

Ruling
Injunction expansion order issued by state court to protect against prejudice to jury pool wasmoot following removal to bankruptcy court where the court was the factfinder.(Bankr. W.D. Tex.)
Issue(s)
Removal; Attachment or Sequestration; Securities.

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Consumer opinion summary, case decided on August 09, 2023 , LexisNexis #1023-100

Peterson, In re--Miller v. Peterson

Ruling
Property not held in trust due to the failure to properly convey the property to the designatedtrustee was property of the estate and subject to turnover. (Bankr. D. Wyo.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on December 28, 2022 , LexisNexis #0223-085

Turner, In re

Ruling
Chapter 7 case was dismissed with prejudice to prevent the debtor from refiling bankruptcyfor one year from the date of the dismissal. (Bankr. W.D. Tex.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Consumer opinion summary, case decided on October 14, 2022 , LexisNexis #1222-087