M. Christopher Residential, LLC, In re--Weisbart v. Rivas
May
22
2020
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.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.
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Court
:
( Judge Rhoades ) [ Bankruptcy Court ]
- 11 U.S.C.
Davidson, In re--Trans Global Auto Logistics, Inc. v. Davidson
Jan
22
2020
Ruling
Debt from the debtor's failure to perform on a construction contract was nondischargeable asthe elements of § 523(a)(2)(A) were established. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
Wofford, In re--Judd, Thomas, Smith & Co. v. Wofford
Sep
30
2019
Ruling
Amounts payable to debtor post-petition under asset purchase agreement were property ofdebtor's bankruptcy estate. (Bankr. E.D. Tex.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable
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Court
:
- 11 U.S.C.
Thornhill, In re--Vrana v. Thornhill
Sep
30
2019
Ruling
Debtor’s fiduciary defalcation was not subject to immunity under state law and resulted innondischargeable debt. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or
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Court
:
Pickens, In re
Sep
27
2019
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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Court
:
Husted, In re
Sep
27
2019
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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Court
:
- 11 U.S.C.
Texas Pellets, Inc., In re
Sep
06
2019
Ruling
Court confirmed debtors' joint Chapter 11 plan where debtors proposed the plan in goodfaith and it complied with each applicable provision of the Bankruptcy Code. (Bankr. E.D.Tex.)
Issue(s)
Confirmation of Plan.
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Court
:
- 11 U.S.C.
Stapleton, In re--Benchmark Bank v. Stapleton
Jul
26
2019
Ruling
Denial of discharge for filing a false financial statement denied debtor as bank failed todemonstrate that it required debtor to tender a financial statement or other financialrepresentation in order to procure a boat loan. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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Court
:
- 11 U.S.C.
Long, In re--Bruce v. Long
Apr
09
2019
Ruling
Debt was not excepted from discharge as creditor failed to demonstrate that debt arose fromthe infliction of a willful and malicious injury. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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Court
:
- 11 U.S.C.
Parson, In re
Apr
09
2019
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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Court
: