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eastern district of texas

Alhuneidi, In re

Ruling
Chapter 7 debtor's expedited motion to dismiss an adversary proceeding as untimely wasgranted. (Bankr. E.D. Tex.)
Issue(s)
Determination of Dischargeability of a Debt; Time for Filing Complaint Under §

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Consumer opinion summary, case decided on October 28, 2021 , LexisNexis #1221-071

Ibarra, In re

Ruling
Requirement to complete a debtor education course waived due to debtor’s death where thedebtor's daughter had completed the final plan payments. (Bankr. W.D. Tex.)
Issue(s)
Discharge; Instructional Course; Required.

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Consumer opinion summary, case decided on October 09, 2021 , LexisNexis #0722-073

Hamza-Haris, In re--Poddar v. Hamza-Haris

Ruling
Creditor failed to prove nondischargeability as he failed to prove that the debtors had anintent to deceive him by promising to perform repairs on the subject vehicle. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 17, 2021 , LexisNexis #1121-033

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.)
Issue(s)
Confirmation of Plan; Requirements.

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Commercial opinion summary, case decided on August 11, 2021 , LexisNexis #1021-015

Eady, In re--Eady v. United States

Ruling
Chapter 7 debtor was not entitled to discharge his student loans as he did not meet theWilliams or Brunner tests. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on July 26, 2021 , LexisNexis #0921-039

Keese, In re--Barbknecht Firm, P.C. v. Keese

Ruling
Discharge denied due to debtor's acquisition and appropriation of a tax refund with an intentto hinder, delay, or defraud a creditor. (Bankr. E.D. Tex.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property;

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Consumer opinion summary, case decided on February 28, 2021 , LexisNexis #0421-070

Epperson, In re--Epperson v. Educ. Credit Mgmt. Corp.

Ruling
Student loan remained nondischargeable as debtor failed to demonstrate compliance with theestablished legal requirement to apply his or her income to the repayment of a student loanbefore the loan could be discharged. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on February 24, 2021 , LexisNexis #0421-010

Jamieson, In re--Parkin v. Jamieson

Ruling
Debt was not dischargeable as creditors failed to prove that debt evidenced by defaultjudgment was obtained by actual fraud. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on February 08, 2021 , LexisNexis #0321-057

Opoku, In re--Swift Fin., LLC v. Opoku

Ruling
Creditor failed to prove by a preponderance of evidence that asserted debt owed by debtorarose from the infliction of a willful and malicious injury as debtor took no action thatcreated an objective substantial certainty of harm to creditor. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on December 02, 2020 , LexisNexis #0121-032

Hays, In re--Spears v. Hays

Ruling
Tenant was entitled to attorney fees, which were nondischargeable, due to debtor landlord'sdeceptions and unfair acts to obtain money she was not entitled to. (Bankr. N.D. Ill.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on September 15, 2020 , LexisNexis #1020-083