Judge Jernigan

In re Lone Star Utils. LLC

Ruling: 
Chapter 11 plan confirmed as proposed in good faith, feasible and approved by at least one class of impaired creditors.
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Commercial case opionion summary, case decided on September 14,2014, LexisNexis #1014-061

In re Matthews

Ruling: 
Case filed by power of attorney ordered dismissed unless supplemental evidence of debtor's condition and knowledge of the filing.
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Consumer case opionion summary, case decided on August 22,2014, LexisNexis #0914-074

Litzler v. Cooper (In re Margaux Tex. Ventures Inc.)

Ruling: 
Trustee's untimely fraudulent transfer proceeding dismissed but trustee retained the ability to seek disallowance of the creditor's related claim.
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Commercial case opionion summary, case decided on May 22,2014, LexisNexis #0814-059

Lain v. Universal Drywall LLC (In re Erickson Ret. Cmtys. LLC)

Ruling: 
Trustee could avoid preference period transfers absent evidence that debtor received fair value.
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Commercial case opionion summary, case decided on August 16,2013, LexisNexis #0913-054

Gernsbacher v. Campbell (In re Equipment Equity Holdings Inc.)

Plaintiff sellers of businesses to a bankruptcy debtor brought an adversary proceeding against defendant holders of new notes issued by the debtor, seeking a determination that the sellers' notes issued by the debtor had priority over the holders' notes based on equitable subordination of the holders' notes to the sellers' notes or recharacterization of the holders' notes as equity rather than debt.
Ruling: 
Notes issued by debtor formed to operate seller's business were not subject to equitable subordination in favor of notes issued to seller.
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Commercial case opionion summary, case decided on April 12,2013, LexisNexis #0513-010

Gernsbacher v. Campbell (In re Equipment Equity Holdings Inc.)

This adversary proceeding involved a dispute within a chapter 7 bankruptcy case between two different, sophisticated creditor groups wherein one creditor group (plaintiffs) sought to have the claims of the other creditor group (defendants) either equitably subordinated to the plaintiffs' claims under 11 U.S.C.S. § 510(b) or (c), or recharacterized as equity.
Ruling: 
Motion by creditor group to have claims of second creditor group subordinated or recharacterized as equity denied.
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Commercial case opionion summary, case decided on March 29,2013, LexisNexis #0613-014

In re Wamsley

Pursuant to 11 U.S.C.S. § 542(a), a chapter 7 Trustee filed a motion seeking the turnover of a vehicle.
Ruling: 
Trustee entitled to turnover of unscheduled Aston Martin.
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Consumer case opionion summary, case decided on February 19,2013, LexisNexis #0313-050

In re Holy Tabernacle Church Intl Inc.

Debtor church moved for confirmation of its chapter 11 plan. One objection was filed. At issue was whether the plan was properly confirmed per 11 U.S.C.S. § 1129 over that objection, which was made by a lender that held a secured claim valued at $468,411.
Ruling: 
Plan confirmed with amendments to protect secured creditor's claim.
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Commercial case opionion summary, case decided on February 08,2013, LexisNexis #0313-061

Cadle Co. v. Brunswick Homes LLC (In re Moore)

Creditor which purchased claims against defendant bankruptcy debtor brought an adversary proceeding against the debtor and related corporations seeking to pierce the corporate veil and hold the corporations liable for the claims against the debtor. The debtor and the corporations moved to dismiss the adversary proceeding based on abuse of the judicial process by the creditor and its counsel.
Ruling: 
Proceeding to hold corporation liable for claim against debtor dismissed due to failure of counsel to disclose representation of both creditor and trustee.
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Consumer case opionion summary, case decided on April 23,2012, LexisNexis #0512-038

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