- 11 U.S.C.
Dowdy, In re
Sep
26
2023
Ruling
Surety's objection to a debtor's discharge was denied as surety failed to establish that thedebtor made a false statement with actual intent to defraud. (Bankr. E.D. Tex.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
ABI Membership is required to access the full summary of Dowdy, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Kessler-Muse, In re
Sep
06
2023
Ruling
Debtor's objection to creditor's proof of claim for attorneys’ fees arising from state courtlitigation sustained. (Bankr. E.D. Tex.)
Issue(s)
Allowance of Claims or Interests; Objections.
ABI Membership is required to access the full summary of Kessler-Muse, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Triplett, In re--Valk v. Escoffie
Mar
31
2023
Ruling
Defendants were entitled to avoid and recover transfers that the debtor made to a particular entity as they established that the debtor made these transfers with actual or constructive intent to defraud his creditors. (Bankr. E.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations.
ABI Membership is required to access the full summary of Triplett, In re--Valk v. Escoffie Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Wisner, In re
Sep
29
2022
Ruling
Debtors did not receive actual notice of the plaintiff's objections to discharge andnondischargeability claims prior to the relevant deadline. (Bankr. E.D. Tex.)
Issue(s)
Computing and Extending Time; Time for Motion Papers; Enlargement.
ABI Membership is required to access the full summary of Wisner, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
MA-BBO Five, In re
Aug
11
2022
Ruling
Motion to set aside sale order was untimely as the movants failed to establish that the orderwas based on mistake or on newly discovered evidence. (Bankr. E.D. Tex.)
Issue(s)
Use, Sale, or Lease of Property.
ABI Membership is required to access the full summary of MA-BBO Five, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Lee, In re--Chow v. Lee
Dec
13
2021
Ruling
Tax refund was not property of the bankruptcy estate as the sole source of income attributableto the 2018 Tax Refund was derived from the employment of the non-debtor spouse. (Bankr.E.D. Tex.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Community Property.
ABI Membership is required to access the full summary of Lee, In re--Chow v. Lee Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Carbonyx, Inc., In re
Aug
11
2021
Ruling
Joint plan was proposed in good faith and met all necessary elements by a preponderance ofthe evidence. (Bankr. E.D. Tex.)
Issue(s)
Confirmation of Plan; Requirements.
ABI Membership is required to access the full summary of Carbonyx, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
M. Christopher Residential, LLC, In re--Weisbart v. Rivas
May
22
2020
Ruling
Court recommended that district court withdraw the reference for the adversary proceeding because all the claims asserted by the trustee were non-core state law causes of action. (Bankr. E.D. Tex.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.
ABI Membership is required to access the full summary of M. Christopher Residential, LLC, In re--Weisbart v. Rivas Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
( Judge Rhoades ) [ Bankruptcy Court ]
- 11 U.S.C.
Wofford, In re--Judd, Thomas, Smith & Co. v. Wofford
Sep
30
2019
Ruling
Amounts payable to debtor post-petition under asset purchase agreement were property ofdebtor's bankruptcy estate. (Bankr. E.D. Tex.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable
ABI Membership is required to access the full summary of Wofford, In re--Judd, Thomas, Smith & Co. v. Wofford Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Pickens, In re
Sep
27
2019
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.)
Issue(s)
Preferences; Avoidable Transfers.
ABI Membership is required to access the full summary of Pickens, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: