Sep
29
2022
Wisner, In re
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.)
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Consumer case opionion summary, case decided on September 29,2022, LexisNexis #1122-099
Aug
11
2022
MA-BBO Five, In re
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.)
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Consumer case opionion summary, case decided on August 11,2022, LexisNexis #1022-025
Dec
13
2021
Lee, In re--Chow v. Lee
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.)
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Consumer case opionion summary, case decided on December 13,2021, LexisNexis #0222-033
Aug
11
2021
Carbonyx, Inc., In re
Ruling:
Joint plan was proposed in good faith and met all necessary elements by a preponderance ofthe evidence. (Bankr. E.D. Tex.)
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Commercial case opionion summary, case decided on August 11,2021, LexisNexis #1021-015
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
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