Skip to main content

Page Banner(Taxonomy)

judge searcy

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

Hardwick, In re--Anderson v. Hardwick

Ruling
Partial summary judgment of nondischargeability was appropriate as there was no evidencethat plaintiffs' Financial Industry Regulatory Authority order had been memorialized in aseparate judicial or administrative order. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities

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

Consumer opinion summary, case decided on January 27, 2023 , LexisNexis #0323-090

Kilpatrick, In re--Kilpatrick v. IRS

Ruling
Motion for default in an adversary proceeding denied where the debtor effected service viacertified mail instead of first class mail. (Bankr. E.D. Tex.)
Issue(s)
Process; Service of Summons, Complaint; Service by First Class Mail.

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

Consumer opinion summary, case decided on January 06, 2023 , LexisNexis #0323-023

Sorrells, In re--Nationwide Judgement Recovery Inc. v. Sorrells

Ruling
Summary judgment denied with respect to dischargeability where it was not shown thatdebtors themselves had committed a securities violation. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities

ABI Membership is required to access the full summary of Sorrells, In re--Nationwide Judgement Recovery Inc. v. Sorrells 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 27, 2022 , LexisNexis #1222-014

Folkman, In re--Blanchard v. Folkman

Ruling
Motion to dismiss creditors’ fraud in inducement claim was denied as allegations in theamended complaint were sufficient but claims for fraud and negligent infliction of emotionaldistress were dismissed. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge.

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

Consumer opinion summary, case decided on August 16, 2022 , LexisNexis #1022-007

Triplett, In re--Black v. Triplett

Ruling
Debtor should have provided more notice of depositions to plaintiffs in dispute overdiscovery and allegedly inaccurate schedules. (Bankr. E.D. Tex.)
Issue(s)
Depositions Upon Oral Examination.

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 August 08, 2022 , LexisNexis #1022-020