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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.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion 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.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.

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Consumer opinion 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.)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion 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.)
Issue(s)
Rights of Partnership Trustee Against General Partners; Liability of General Partners.

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Commercial opinion 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.)
Issue(s)
Proceedings in forma pauperis.

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Consumer opinion 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.)
Issue(s)
Who May Be a Debtor; Chapter 13.

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Consumer opinion 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.)
Issue(s)
Exemptions; Types of Exempt Property.

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Consumer opinion 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.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Consumer opinion summary, case decided on May 04, 2017 , LexisNexis #0717-028

Utterback v. Texas (In re Utterback)

Ruling
Claims for overpayment of benefits that arose prior to debtor's conversion to chapter 7discharged. (Bankr. E.D. Tex.)
Issue(s)
Effect of Conversion; Claims Arising Prior to Conversion.

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Consumer opinion summary, case decided on December 12, 2016 , LexisNexis #0117-038

Ganter v. Montano (In re Heritage Pac. Fin., LLC)

Ruling
Assignment of settlement agreements by debtor was not voidable by trustee where debtor’slegal title was subject to transferee's equitable interest. (Bankr. E.D. Tex.)
Issue(s)
Postpetition Transactions.

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Commercial opinion summary, case decided on July 06, 2016 , LexisNexis #1216-018