Skip to main content

Page Banner(Taxonomy)

judge searcy

Simmons, In re--Simmons v. Simmons

Ruling
Debtor’s owelty note arising from divorce decree held nondischargeable as a domestic support obligation. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

ABI Membership is required to access the full summary of Simmons, In re--Simmons v. Simmons Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 09, 2025 , LexisNexis #0825-065

Wilhelms, In re--EBE, Inc. v. Wilhelms

Ruling
Collateral estoppel could not be applied to establish nondischargeability as state court judgment was ambiguous as to specific facts and violations. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Wilhelms, In re--EBE, Inc. v. Wilhelms Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 03, 2025 , LexisNexis #0525-010

Brown, In re--Veritas Vincit, LLC v. Brown

Ruling
Debt was nondischargeable where jury's finding of liability for malicious criminal prosecution and civil conspiracy met both the subjective and objective tests for willful and malicious injury. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

ABI Membership is required to access the full summary of Brown, In re--Veritas Vincit, LLC v. Brown Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 09, 2024 , LexisNexis #0225-067

Gerleman, In re--Carbaidwala v. Gerleman

Ruling
Motion for summary judgment in nondischargeability proceeding denied as there were material facts in dispute. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge.

ABI Membership is required to access the full summary of Gerleman, In re--Carbaidwala v. Gerleman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 04, 2024 , LexisNexis #1224-060

Triplett, In re--Black v. Triplett

Ruling
Denial of discharge was inappropriate where plaintiffs failed to prove that the debtor willfully refused to obey the order granting creditors an extension of time to file complaints or any other court order. (Bankr. E.D. Tex.)
Issue(s)
Discharge; Grounds for Denial.

ABI Membership is required to access the full summary of Triplett, In re--Black v. Triplett Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 04, 2024 , LexisNexis #1124-042

Smith, In re

Ruling
Debt was dischargeable where debtor did not have subjective intent to cause harm and her actof co-signing the loan was not substantially certain to result in injury to the plaintiff. (Bankr.E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

ABI Membership is required to access the full summary of Smith, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 16, 2024 , LexisNexis #0724-040

Sereboff, In re--Kampfhenkel v. Sereboff

Ruling
Debtor failed to demonstrate that he was entitled to a judgment as a matter of law regardingthe issue of nondischargeability. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

ABI Membership is required to access the full summary of Sereboff, In re--Kampfhenkel v. Sereboff Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 22, 2024 , LexisNexis #0624-090

Independence Fuel Sys. LLC, In re--Independence Fuel Sys. LLC v. Eastman Gas Co. LLC

Ruling
Debtor was not entitled to a remand of its claims related to the underlying bankruptcy. (Bankr.E.D. Tex.)
Issue(s)
Bankruptcy Cases and Proceedings.

ABI Membership is required to access the full summary of Independence Fuel Sys. LLC, In re--Independence Fuel Sys. LLC v. Eastman Gas Co. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on November 20, 2023 , LexisNexis #0224-021

Coutts, In re--Han v. Coutts

Ruling
Debt based on breach of contract was dischargeable absent findings of fraud in prior statecourt judgment that had collateral estoppel effect. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Coutts, In re--Han v. Coutts Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 07, 2023 , LexisNexis #1023-085

Triplett, In re--Black v. Triplett

Ruling
Motion for summary judgment on an objection to discharge denied as factual issues existed asto disclosures and whether the debtor had corrected errors or omissions. (Bankr. E.D. Tex.)
Issue(s)
Discharge; Grounds for Denial.

ABI Membership is required to access the full summary of Triplett, In re--Black v. Triplett Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 27, 2023 , LexisNexis #0923-092