May
22
2020
M. Christopher Residential, LLC, In re--Weisbart v. Rivas
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.)
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Commercial case opionion summary, case decided on May 22,2020, LexisNexis #0820-047
Sep
30
2019
Wofford, In re--Judd, Thomas, Smith & Co. v. Wofford
Ruling:
Amounts payable to debtor post-petition under asset purchase agreement were property ofdebtor's bankruptcy estate. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1219-013
Sep
27
2019
Pickens, In re
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.)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-068
Sep
27
2019
Husted, In re
Ruling:
Court granted the application to employ a special litigation counsel for the Chapter 13 estate asthe counsel specialized in pursuing claims for the type of injury sustained by the debtor.(Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-054
Apr
09
2019
Parson, In re
Ruling:
Debtor's objections to claim overruled as debtor failed to present evidence sufficient to rebutthe prima facie validity of the claims and failed to support her assertion that she had madepayments that had not been applied on her mortgage. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on April 09,2019, LexisNexis #0619-058
Mar
05
2019
Payson Petro. 3 Well, L.P., In re--Searcy v. Acme Energy Co., LLC
Ruling:
Court recommended that motion to withdraw reference be denied as section 723 claims are core and the bankruptcy court has constitutional authority to enter final judgments (Bankr. E.D. Tex.)
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Commercial case opionion summary, case decided on March 05,2019, LexisNexis #0419-090
Sep
04
2018
Duggan, In re
Ruling:
Motion to proceed in forma pauperis denied where debtor had numerous continuancesscheduled to consider confirmation of her proposed chapter 13 plans and had failed to file therequired documents. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-089
Apr
24
2018
Petty, In re
Ruling:
Debtors did not qualify for relief under chapter 13 as the debtors' unsecured debts exceededthe eligibility limits of 11 U.S.C. § 109(e). (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on April 24,2018, LexisNexis #0718-001
Jul
27
2017
Farmer, In re
Ruling:
Debtors' exemption was granted as they properly completed their Schedule C and the trustee failed to establish that the value of their claimed exemptions exceeded the statutory limit. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on July 27,2017, LexisNexis #0917-046
May
04
2017
Veigel, In re--Schwarz v. Nordhaus
Ruling:
Abstention was warranted where plaintiff was not the debtor and claims were based solelyon state law. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on May 04,2017, LexisNexis #0717-028
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