Judge Jernigan

Cadle Co. v. Riggert (In re Riggert)

Plaintiff judgment creditor sued defendant debtor, seeking denial of a discharge under 11 U.S.C.S. § 727(a)(2)-(5) on the grounds that the debtor failed to reveal the existence of a transfer, agreement, and claim against the debtor's wife as to the proceeds from refinancing a jointly owned homestead. The judgment creditor moved for leave to file an amended complaint.
Ruling: 
Leave to amend complaint for denial of discharge denied where creditor sought to add new grounds that were time barred.
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Consumer case opionion summary, case decided on January 06,2009, LexisNexis #0209-093

In re White Nile Software Inc.

A debtor filed for relief under chapter 11 of the Bankruptcy Code. At the time the petition was filed, the shareholders and other interested parties were engaged in litigation in a state court. A shareholder filed a motion for abstention by the court, for a dismissal of the bankruptcy proceedings, or for the appointment of a chapter 11 trustee.
Ruling: 
Chapter 11 case dismissed where debtor lacked employees, property, secured debts and non- insider unsecured debts.
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Commercial case opionion summary, case decided on September 16,2008, LexisNexis #0209-002

In re Patman Drilling Intl Inc.

Debtor, a Texas corporation, filed a petition under chapter 11 of the Bankruptcy Code, and a secured creditor filed a motion for appointment of a chapter 11 trustee. Other secured creditors joined the motion, while the debtor and the Official Committee of Unsecured Creditors filed objections.
Ruling: 
Chapter 11 trustee appointed to oversee debtor's oil and gas well drilling operations
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Commercial case opionion summary, case decided on March 14,2008, LexisNexis #0408-122

In re Margetis

The chapter 13 trustee filed a motion to dismiss the debtor's chapter 13 case for lack of eligibility, pursuant to 11 U.S.C. § 109(e), because the debtor exceeded the debt limit. At issue was a particular default judgment against the debtor which exceeded $800,000 in amount.
Ruling: 
Chapter 13 case dismissed where voidable, but not unliquidated, default judgment caused debtor to exceed debt limits.
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Consumer case opionion summary, case decided on December 14,2007, LexisNexis #0208-036

In re Synergistic Techs. Inc.

The debtor, by and through its remaining director, moved for judgment, pursuant to 11 U.S.C. § 303(i), against the petitioner who filed the involuntary petition, for attorney's fees, costs, and actual and punitive damages. The petitioner and the director were both shareholders of the debtor, and were embroiled in litigation and an arbitration proceeding prior to the filing of the involuntary petition.
Ruling: 
Attorneys'fees awarded to debtor in involuntary case where petitioner was not holder of an undisputed unsecured claim.
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In re Brook Mays Music Co.

A statutory trustee appointed in a debtor's chapter 7 case presented a preliminary report to the court regarding his analysis of the potential chapter 5 causes of action and his assessment of other administrative tasks that might be needed to complete the case.
Ruling: 
Trustee ordered to serve demand letters on alleged preferential transferees prior to bringing preference proceedings.
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Commercial case opionion summary, case decided on August 01,2007, LexisNexis #1007-045

Graham v. Wood (In re Wood)

Plaintiff investors filed an adversary proceeding against defendant debtor, objecting to discharge pursuant to 11 U.S.C. § 523(a)(2) and (4). After a trial, the court held a hearing and issued findings of facts and conclusions of law.
Ruling: 
Debt owed to real estate investors was nondischargeable on grounds of embezzlement and false representations.
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Cadle Co. v. Moore (In re Moore)

Pending decision following trial was plaintiff judgment creditor's objection to the granting of defendant debtor's global discharge: (1) pursuant to 11 U.S.C. § 727(a)(3), on the grounds that debtor, without adequate justification, concealed or otherwise failed to keep, record, or preserve records from which his financial condition or business transactions might be ascertained; (2) pursuant to section 727(a)(4); and (3) pursuant to section 727(a)(5).
Ruling: 
Discharge denied due to debtor's numerous omissions and false statements.
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In re Henderson

Chapter 7 debtors filed a motion for an extension of time to complete the pre-bankruptcy credit counseling required by 11 U.S.C. § 109(h).
Ruling: 
Exigent circumstance of imminent foreclosure on family homestead and debtor's dilligent attempts to obtain credit counseling justified extension of time to fulfill requirement.
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Cadle Co. v. Hughes (In re Hughes)

Plaintiff creditor moved for summary judgment on its objection to discharge of defendant debtor. It sought summary adjudication that debtor was not entitled to a discharge of his debts pursuant to 11 U.S.C. § 727(a)(3), for the purported, unjustified failure by debtor to keep and maintain financial records, and section 727(a)(4), for the purported, knowing and fraudulent making of a false oath by debtor with regard to his bankruptcy case.
Ruling: 
Discharge denied due to failure of sophisticated debtor to keep records of transactions despite production of all records in its possession.
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