Judge Houser

In re Williford

The debtor filed a motion to extend the automatic stay, and the creditor filed a motion to confirm termination of the stay as to certain real property. The court denied the debtor's motion to the extent that it requested a retroactive reinstatement of the automatic stay, but it took under advisement the issue of whether the operation of 11 U.S.C.S. § 362(c)(3) terminated the entire automatic stay.
Ruling: 
Stay terminated in debtor's second case as to debtor and debtor's property but not as to property of the estate.
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Consumer case opionion summary, case decided on July 17,2013, LexisNexis #0813-007

S&S Food Corp. v. Sherali (In re Sherali)

Creditor filed a complaint against debtor, seeking a determination that debt owed it by the debtor was nondischargeable under 11 U.S.C.S. § 523.
Ruling: 
Debt was nondischargeable due to debtor's actions in causing creditor to make unlawful distributions to himself.
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Consumer case opionion summary, case decided on March 14,2013, LexisNexis #0413-082

In re Brunson

The debtors declared chapter 13 bankruptcy and filed objections to twenty unsecured claims that were filed against their bankruptcy estate, contending that the claims had to be disallowed because the claimants had not provided documents that were sufficient to establish a prima facie claim. The debtors withdrew their objections to five claims after creditors filed amended claims, and the court held a hearing on the remaining objections.
Ruling: 
Claims could not be disallowed where sole basis for objections was insufficient documentation.
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Consumer case opionion summary, case decided on February 19,2013, LexisNexis #0313-041

In re MRI Beltline Indus. LP

The court held a final hearing to consider the use by the debtor of cash collateral. At the final hearing, the debtor and the secured creditor disputed two issues: (i) whether an assignment of rents in favor of the creditor was "conditional" or "absolute" under Texas law, and (ii) whether the court could impose a "carve-out" from the creditor's collateral to pay its attorneys' fees over the creditor's objection.
Ruling: 
Rents conditionally assigned were property of the estate and could be used as cash collateral.
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Commercial case opionion summary, case decided on August 13,2012, LexisNexis #0912-010

In re Cano Petroleum

Chapter 11 debtors submitted, for confirmation, a second amended joint plan of reorganization which incorporated eight separate plans of reorganization with respect to each of the debtors except one. The court entered findings of fact and conclusions of law pursuant to Fed. R. Bankr. P. 7052, as applicable to the proceeding pursuant to Fed. R. Bankr. P. 9014.
Ruling: 
Plan incorporating eight separate plans confirmed.
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Commercial case opionion summary, case decided on July 18,2012, LexisNexis #0812-028

Avila v. Perez (In re Perez)

Plaintiff sought to liquidate his claims against chapter 7 debtor and have his claims determined to be nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and/or (a)(6).
Ruling: 
Debt was nondischargeable due to debtor's fraud and embezzlement.
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Consumer case opionion summary, case decided on July 03,2012, LexisNexis #0712-119

In re Kim

The capter 11 debtors in possession filed a motion for use of cash collateral pursuant to 11 U.S.C.S. § 363.
Ruling: 
Motion for use of cash collateral granted where necessary to debtor's ability to maximize value of assets.
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Consumer case opionion summary, case decided on April 30,2012, LexisNexis #0712-013

Faulkner v. Kornman (In re Heritage Org. LLC)

In an adversary proceeding, business entities sought an order certifying two prior orders of the court for immediate appeal under 28 U.S.C.S. § 158(d)(2). Trustee opposed the motion.
Ruling: 
28 U.S.C. §158(d)(2) does not apply retroactively to cases filed before effective date of BAPCPA.
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Commercial case opionion summary, case decided on February 14,2012, LexisNexis #0312-032

Farooqi v. Carroll (In re Carroll)

A prospective franchisee filed an adversary proceeding against chapter 13 debtor, alleging that the debtor committed fraudulent inducement and fraud, and violated the Texas Deceptive Trade Practice Act ("DTPA"). Plaintiff asked the court for an award of compensatory, consequential, and punitive damages, to treble those damages under the DTPA, and to find that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Debt was nondischargeable due to fraudulent inducement by debtor franchisor to franchisee.
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Consumer case opionion summary, case decided on December 13,2011, LexisNexis #0212-086

In re Imperial Bev. Group LLC

A bankruptcy debtor was a wholesale wine distributor which leased premises for office and warehouse use, and the landlord under the lease claimed that the debtor owed rent for the period after the debtor filed its bankruptcy petition, and for the period after the lease expired when the debtor continued to occupy the premises. The landlord moved for allowance of postpetition rent as an administrative expense.
Ruling: 
Landlord allowed administrative expense claim for postpetition rent incurred in period during which debtor continued to occupy premises.
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Commercial case opionion summary, case decided on July 29,2011, LexisNexis #0911-007

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