Mar
07
2023
Johns, In re--Rutan v. Johns
Ruling:
Creditors properly pleaded a § 727(a) claim by alleging that the debtor concealed property by failing to list various properties and denying holding property for others. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on March 07,2023, LexisNexis #0523-018
Dec
28
2022
Benge, In re--Hertz Elec., LLC v. Benge
Ruling:
Motion for summary judgment on nondischargeability was denied as to embezzlement,fiduciary fraud, or willful and malicious injury but granted as to state court judgment foractual fraud. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on December 28,2022, LexisNexis #0223-082
Dec
05
2022
Mikel, In re--Mikel v. Mikel
Ruling:
Bankruptcy court awarded a debtor's former spouse a nondischargeable claim as the debtormaliciously prosecuted the former spouse over a fabricated injury. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on December 05,2022, LexisNexis #0223-006
Nov
22
2022
Payne, In re--Payne v. Payne
Ruling:
Husband's obligations for the wife's attorney fees were not excepted from discharge as thewife failed to put forward a credible argument that they were in the nature of alimony,maintenance, or support. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on November 22,2022, LexisNexis #0123-088
Oct
26
2022
Evans, In re
Ruling:
Chapter 13 trustee's objections to debtors' amended plans were overruled as separatelyclassifying student loan creditors in the plans did not unfairly discriminate against thecreditors. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on October 26,2022, LexisNexis #0123-022
Oct
20
2022
Payne, In re--Payne v. Payne
Ruling:
Debts were not domestic support obligations as debtor's former spouse failed to put forwardevidence or a credible argument that any of the debts were in the nature of alimony,maintenance, or support. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on October 20,2022, LexisNexis #1222-084
Oct
07
2022
ActiTech, L.P., In re
Ruling:
Plan of reorganization confirmed as it complied with all applicable provisions and wasproposed with the legitimate purpose of allowing the debtor to reorganize and emerge frombankruptcy. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on October 07,2022, LexisNexis #1222-071
Sep
30
2022
Poole, In re
Ruling:
Debtors' proposed "heads on beds" approach to determining household size was rejected as itovercounted and was not consistent with the Bankruptcy Code's purposes. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on September 30,2022, LexisNexis #1222-024
Sep
30
2022
Highland Cap. Mgmt. L.P., In re--Charitable DAF Fund, L.P. v. Highland Cap. Mgmt. L.P.
Ruling:
Creditor lacked standing to bring post-confirmation suit for post-petition breach of contractthat was an improper means for pursuing the claim. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on September 30,2022, LexisNexis #1222-006
Sep
06
2022
Rosenburg, In re--ToxPro Labs., LLC v. Rosenburg
Ruling:
Liquidated claims against debtor were not nondischargeable as plaintiffs failed to meet theirburden to establish that debtor made false pretenses or false representations to any of theplaintiffs. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on September 06,2022, LexisNexis #1122-041
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