Judge Rhoades

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

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

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

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

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

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

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

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

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

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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