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eastern district of texas

Long, In re

Ruling
Attorneys for Chapter 7 trustee were awarded fees as reasonable compensation for successful rendition of services rendered to Chapter 7 estate. (Bankr. E.D. Tex.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on March 07, 2019 , LexisNexis #0419-076

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

Newman, In re--Swait v. Newman

Ruling
Debt arising from consent judgment entered by state court regarding debtor's misconduct asexecutrix was nondischargeable. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on February 26, 2019 , LexisNexis #0419-034

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

Whelan, In re--Huddleston v. Whelan

Ruling
Court denied motion for relief from judgment as the delay in challenging the entry of the default judgment was not reasonable. (Bankr. E.D. Tex.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Consumer opinion summary, case decided on February 16, 2018 , LexisNexis #0318-118

Western States, Inc., In re

Ruling
Trustee's motion to convert chapter 11 case to chapter 7 granted due to debtor's habitualfailure to timely file monthly operating reports, a continuing loss to or diminution of theestate, and an inability to effectuate a feasible plan. (Bankr. D. Wyo.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on January 30, 2018 , LexisNexis #0318-054

Tex. Pellets, Inc., In re

Ruling
Administrative expense representing trucking firms' "stand-by time" granted in part as thedebtors were responsible for the delay occurring at some of the facilities. (Bankr. E.D. Tex.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate

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Commercial opinion summary, case decided on December 19, 2017 , LexisNexis #0218-013

Yarber, In re--Zubrod v. Yarber

Ruling
Discharge could not be revoked as there was no evidence that the debtor failed to complywith the court's order compelling turnover. (Bankr. D. Wyo.)
Issue(s)
Discharge; Grounds for Denial; Refusal to Obey Court Order; Any Lawful Order.

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Consumer opinion summary, case decided on December 12, 2017 , LexisNexis #0118-083

Vigil, In re--Wellmon v. Vigil

Ruling
Debtors were ineligible to have their debts discharged for failure to produce tax returns, banking records, and accounting records for their furniture business which the bankruptcy trustee requested. (Bankr. E.D. Tex.)
Issue(s)
Discharge; Grounds for Denial; Fraud; Withholding of Documents from Estate Officer.

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Consumer opinion summary, case decided on October 18, 2017 , LexisNexis #1117-110