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Judge Jernigan

Placid Oil Co. v. Williams (In re Placid Oil Co.)

Plaintiff reorganized debtor filed an adversary proceeding against defendants, post-confirmation tort claimants, seeking a determination that the claims asserted by the claimants were discharged by the confirmation order in the debtor's chapter 11 case. The parties filed cross motions for summary judgment.
Ruling: 
Claim for injury from prepetition exposure to asbestos, unknown at confirmation, was discharged due to adequate publication of bar date.
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Commercial case opionion summary, case decided on January 18,2012, LexisNexis #0412-140

Factory Mut. Ins. V. Panda Energy Intl Inc. (In re Hereford Biofuels LP)

Plaintiff insurer filed an adversary proceeding against defendant energy company, the parent company of a biofuels business ("debtor") that declared chapter 11 bankruptcy, seeking a determination that claims the energy company filed against the insurer in a Texas court were barred, and an order enjoining the energy company from proceeding with that action. The parties filed cross-motions for summary judgment.
Ruling: 
Debtor's parent enjoined from pursuing claims against debtor's insurer that were property of the estate and had been sold and released.
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Commercial case opionion summary, case decided on January 03,2012, LexisNexis #0212-023

In re Chastain

The court held a bench trial in an adversary proceeding filed by creditor buyers who objected to the dischargeability of a debt under 11 U.S.C.S. § 523(a)(2)(A) and an objection to the debtor's purported homestead exemption under 11 U.S.C.S. § 522.
Ruling: 
Debtor's failure to disclose mold contamination resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on October 25,2011, LexisNexis #1111-119

Sherman v. Mike Emke & Servers Inc. (In re Ondova Ltd.)

Trustee brought an adversary proceeding against defendant co-owner of an entity which owned an Internet domain name, seeking authorization to sell the domain name free and clear of any interest of the co-owner pursuant to 11 U.S.C.S. § 363(h), and alleging that the co-owner breached a settlement agreement which created the entity.
Ruling: 
Trustee could sell debtor's internet domain name free and clear of interest of co-owner.
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Commercial case opionion summary, case decided on October 18,2011, LexisNexis #1111-045

In re Garza

A property owner filed a motion to compel the Chapter 13 debtor to assume or reject a contract for deed under 11 U.S.C.S. § 365, pursuant to which the debtor agreed to purchase from the owner certain residential real property.
Ruling: 
Contract for deed under which debtor defaulted was not executory and could be cured in chapter 13 plan.
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Consumer case opionion summary, case decided on October 07,2011, LexisNexis #1111-005

In re Pastran

Chapter 13 debtor, by and through her counsel, filed an application of for allowance of compensation and reimbursement of expenses, pursuant to either 28 U.S.C.S. § 1927, 11 U.S.C.S. § 105(a), and Fed. R. Bankr. P. 9011, to be assessed against two mortgage loan servicing creditors.
Ruling: 
Award of attorneys' fees and expenses against creditor mortgagees for bringing allegedly unfounded stay litigation denied in absence of bad faith.
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Consumer case opionion summary, case decided on September 20,2011, LexisNexis #1011-103

In re Congress Sand and Gravel LLC

Debtors sought confirmation of their proposed Chapter 11 plan of reorganization as immaterially modified by a later version of the plan. The issue was whether the proposed plan satisfied the criteria in 11 U.S.C.S. § 1129.
Ruling: 
Immaterially modified chapter 11 plan could be confirmed.
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Commercial case opionion summary, case decided on September 02,2011, LexisNexis #1011-099

In re American Mart Hotel Corp.

Movant, a primary lender, filed an amended plan of liquidation for the debtor for confirmation. The objections of all parties had been withdrawn, resolved, or otherwise overruled or addressed.
Ruling: 
Plan of liquidation proposed by lender confirmed as modified.
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Commercial case opionion summary, case decided on September 02,2011, LexisNexis #1011-025

In re EQK Bridgeview Plaza Inc.

Before the court for consideration in debtor's chapter 11 case were movant creditors' motions for relief from the automatic stay.
Ruling: 
Denial of relief from stay conditioned upon adequate protection payments and plan confirmation by date certain.
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Commercial case opionion summary, case decided on June 16,2011, LexisNexis #0811-009

Williams v. Hantla (In re Hantla)

Creditor filed an amended complaint against chapter 7 debtors seeking a determination that his claims against the debtor wife were non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and (a)(6). The creditor's claims were based upon the debtor's alleged breach of fiduciary duty and on the creditor's claims under the Texas Theft Liability Act.
Ruling: 
Unauthorized use of credit cards and cash withdrawals by debtor personal assistant resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on March 25,2011, LexisNexis #0611-014

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