- 11 U.S.C.
NextGear Capital, Inc. v. Ross (In re Ross)
Aug
12
2016
Ruling
Debt arising from debtor auto dealer’s fraudulent inducement of release of certificates of titlewas nondischargeable. (Bankr. N.D. Tex.)
Issue(s)
Did debtor auto dealer’s initiation of initiated an automated clearing house payment to the creditor to induce the creditor to release the certificates of title for twelve vehicles knowing that there were not sufficient funds in the dealership's ac
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Court
:
In re Hester
Jul
11
2016
Ruling
Sanctions for company’s alleged violation of letter agreement denied.
Issue(s)
Should creditor be sanctioned for violating a letter agreement for transfer of deceased debtor’s life insurance policy?
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Court
:
Bruner-Halteman v. Educ. Credit Mgmt. Corp. (In re Bruner-Halteman)
Apr
08
2016
Ruling
Damages awarded for creditor's garnishments that violated the automatic stay.
Issue(s)
Should damages be awarded for student loan creditor's repeated garnishments in violation of the automatic stay?
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Court
:
In re Hardeman Cnty. Hosp. Dist.
Nov
02
2015
Ruling
Chapter 9 plan properly classified classes of claims, was proposed in good faith and could be confirmed.
Issue(s)
Could chapter 9 debtor hospital's amended plan be confirmed?
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Court
:
- 11 U.S.C.
Neary v. Walker (In re Dickerson)
Oct
29
2015
Ruling
Bankruptcy petition preparer fined and barred from acting in that capacity for failure to comply with provisions regarding fees and for providing legal advice.
Issue(s)
Should bankruptcy petition preparer be fined and enjoined from continuing to provide services?
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Court
:
- 28 U.S.C.
In re ERG Intermediate Holdings LLC
Oct
26
2015
Ruling
Change of venue of bankruptcy case denied where filing venue was proper and the change not necessary for convenience of the parties or in the interests of judgment.
Issue(s)
Was venue proper in the bankruptcy court where debtor's case was filed and should the court exercise its discretion to grant a change of venue to another district?
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Court
:
Neary v. Harding (In re Harding)
Jan
14
2015
Ruling
Debtors' failure to disclose sales of vehicles within two years of petition date or checks written to business they owned and failure to keep records were not grounds for denial of discharge.
Issue(s)
Whether the debtors' inaccurate statements in their bankruptcy filings or their incomplete financial records require the court to deny them a discharge?
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Court
:
Neary v. Russell (In re Russell)
Dec
09
2014
Ruling
Debtor's efforts to evade former spouse who sought to cause debtor harm did not justify denial of discharge.
Issue(s)
Should debtor's discharge be denied where debtor allegedly intentionally hindered, delayed, and defrauded creditors, knowingly and fraudulently made false oaths or statements, and failed to maintain or provide adequate financial records?
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Court
:
In re NNN 3500 Maple 26 LLC
Nov
20
2014
Ruling
Plan proposed by debtors that were affiliated businesses confirmed.
Issue(s)
Could joint plan of debtor affiliated businesses be confirmed?
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Court
:
- 11 U.S.C.
Segner v. Ruthven Oil & Gas LLC (In re Provident Royalties LLC)
Sep
11
2014
Ruling
Transfers made pursuant to Ponzi scheme were avoidable as fraudulent subject to transferee's affirmative defense of good faith.
Issue(s)
Were transfers made pursuant to debtor's Ponzi scheme avoidable as fraudulent?
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Court
: