- 11 U.S.C.
James, In re--State Bar v. James
Oct
11
2017
Ruling
Debts owed arising from attorneys' fees assessments deemed nondischargeable as theassessments against the debtor were payable to and for the benefit of a governmental unitthat did not constitute compensation for actual pecuniary loss. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fines, Penalties, or Forfeitures Owed to Governmental Unit.
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- 11 U.S.C.
Rael, In re--U.S. Trustee v. Rael
Sep
14
2017
Ruling
Debtors' discharge should be entered as they established that their actions were not willfulas they reasonably relied upon the advice of counsel. (Bankr. D. Wyo.)
Issue(s)
Discharge; Grounds for Denial; Refusal to Obey Court Order; Any Lawful Order.
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- 11 U.S.C.
Ridley, In re--Layng v. Ridley
May
09
2017
Ruling
Revocation of the discharge was not granted where debtor did not act with intent to defraud in making a materially false oath. (Bankr. D. Wyo.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
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- 11 U.S.C.
Martin, In re--US Merchants Fin. Grp., Inc v. Martin
Apr
07
2017
Ruling
Debt was nondischargeable where debtor obtained products from a vendor through false representations. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 11 U.S.C.
Osborne, In re--Kokas v. Osborne
Apr
03
2017
Ruling
Debt was nondischargeable where the indebtedness owed to plaintiff by debtor was based upon the violation of state securities laws and common law fraud in connection with the purchase of a security. (Bankr. E.D. Tex.)COLLIER BANKRUPTCY CASE UPDATE11
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities Violations.
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Bhai, In re--MoneyGram Payment Sys. v. Bhai
Jan
31
2017
Ruling
Plaintiff's motion for summary judgment granted in part and denied in part for plaintiff'sfailure to demonstrate entitlement to judgment as a matter of law regarding thenondischargeability of the judgment debt owed to it by debtor. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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:
- 11 U.S.C.
Wilson v. Phillips (In re Phillips)
Jan
09
2017
Ruling
Indebtedness owed by defendant arising from willful and malicious injury was excepted fromdischarge in its entirety. (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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In re HML Enters., LLC
Oct
12
2016
Ruling
Employment of same counsel by parent and subsidiary debtors in possession denied butallowed for subsidiary only while case remained in chapter 11. (Bankr. E.D. Tex.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.
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In re Healty
Aug
08
2016
Ruling
Law firm ordered to disgorge retainer paid by debtor in anticipation of bankruptcy. (Bankr.E.D. Tex.)
Issue(s)
Should debtor’s attorneys be required to disgorge a retainer paid by the debtor, in the days immediately prior to the filing of the chapter 7 petition for the purpose of funding a post-petition appeal of a pre-petition state court judgment in favor of a creditor?
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- 11 U.S.C.
Melchiorre v. Melchiorre (In re Melchiorre)
Apr
20
2016
Ruling
Fees assessed against debtor in proceeding to modify parental rights were nondischargeable.
Issue(s)
Were fees debtor was ordered to pay in a proceeding to modify parental rights nondischargeable?
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