Judge Jernigan

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

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

Plaintiff reorganized debtor filed an adversary proceeding, approximately two decades after confirmation of a Chapter 11 plan and closure of its bankruptcy case, in order to determine whether certain tort claims that have been asserted in state court post-confirmation by defendant claimants were discharged by the confirmation order in the debtor's Chapter 11 case. The parties filed cross motions for summary judgment.
Ruling: 
Postconfirmation claims for prepetition asbestos related injury was discharged in case closed nearly two decades earlier.
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Commercial case opionion summary, case decided on March 21,2011, LexisNexis #0411-139

In re EQK Bridgeview Plaza Inc.

Debtor filed a motion under 11 U.S.C.S. § 363 to conduct a real property "swap" or exchange. Creditor filed a motion for relief from the automatic stay.
Ruling: 
Debtor's motion to conduct real property swap to satisfy note obligation denied.
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Commercial case opionion summary, case decided on March 04,2011, LexisNexis #0411-041

Mullen v. Jones (In re Jones)

Creditors, a lender and his former spouse, brought an adversary proceeding against defendant bankruptcy debtor seeking nondischargeability of a debt to the spouse under 11 U.S.C.S. § 523(a) based on the debtor's fiduciary defalcation, and seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a) based on the debtor's concealment and transfer of assets and the debtor's false oaths.
Ruling: 
Discharge denied due to debtor's fiduciary defalcation in management of partnership.
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Consumer case opionion summary, case decided on February 03,2011, LexisNexis #0311-025

In re Tinsley

A bankruptcy debtor described himself as a rancher and claimed an exemption in his homestead consisting of ranch land and a residence which the debtor inherited from his father, but the property remained titled in the father's name pending probate administration. The bankruptcy trustee and the debtor's primary creditor objected to the debtor's claimed homestead exemption.
Ruling: 
Debtor could claim exemption in homestead consisting of ranch and residence inherited from father but not yet titled in debtor's name.
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Consumer case opionion summary, case decided on November 16,2010, LexisNexis #1210-113

In re Henry S. Miller Commer. LLC

Before the court was the First and Final Application for Final Allowance and Payment of Fees and Expenses as Counsel for the Chapter 11 Debtor. The fee application sought a total of $184,278 for the approximately six-month period the applicant served as bankruptcy counsel for the debtor-in-possession.
Ruling: 
Attorneys' fees reduced as not warranted by non-complex case.
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Commercial case opionion summary, case decided on November 08,2010, LexisNexis #1210-038

In re Tridimension Energy LP

In this jointly administered bankruptcy case, debtors moved for approval of procedures for solicitation of offers, the form and manner of notice, procedures for determining cure amounts, bid protections and procedures, and a break-up fee in connection with a transaction contemplated by an asset purchase agreement.
Ruling: 
Break up fee included in asset purchase agreement was actual and necessary cost of preserving estate.
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Commercial case opionion summary, case decided on October 28,2010, LexisNexis #0111-120

In re Gonzales

Chapter 7 debtor brought an emergency motion for an order authorizing the sale of her residential real property, pursuant to 11 U.S.C.S. § 363.
Ruling: 
Debtor's emergency motion for sale of residential real property denied absent dire circumstances.
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Consumer case opionion summary, case decided on October 27,2010, LexisNexis #1210-006

In re Tridimension Energy LP

Chapter 11 debtors filed an emergency motion for an order authorizing the debtors to continue to use cash collateral, authorizing the debtors to obtain additional post-petition financing, and granting related relief.
Ruling: 
Debtor given emergency authorization to use cash collateral.
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Commercial case opionion summary, case decided on October 18,2010, LexisNexis #0111-112

In re Grisham

A bankruptcy debtor proposed a reaffirmation agreement in which the debtor would reaffirm a debt to a creditor secured by the debtor's vehicle. Since the agreement raised a presumption of undue hardship based on the debtor's expenses in excess of income, the bankruptcy court conducted a hearing concerning approval of the agreement.
Ruling: 
Reaffirmation agreement disapproved due to failure to rebut presumption of undue hardship.
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Consumer case opionion summary, case decided on September 07,2010, LexisNexis #1010-019

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