Skip to main content

Page Banner(Taxonomy)

judge parker

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.

ABI Membership is required to access the full summary of Garcia, In re--Garcia v. United States Dep't of Educ. 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, 2025 , LexisNexis #0725-063

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.

ABI Membership is required to access the full summary of Hilltop SPV, 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 06, 2025 , LexisNexis #0325-034

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

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

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.

ABI Membership is required to access the full summary of Casanova, 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 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.

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

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.

ABI Membership is required to access the full summary of Xiomara Escalante-Sostre v. Lopez-Gutierrez (In re Xiomara Janisse Escalante-Sostre) 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 09, 2023 , LexisNexis #1023-100