Judge Lynn

Loe v. Green Tree Servicing LLC (In re Loe)

Ruling: 
Creditor did not violate discharge injunction in debtor's earlier case by filing in rem proof of claim in second case by attempt to collect in personam was a violation.
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Consumer case opionion summary, case decided on December 17,2013, LexisNexis #0114-019

Tusa-Expo Holdings Inc. v. Knoll Inc.

Ruling: 
Preference period payments on prepetition invoices were not avoidable but prepetition receivables were avoidable as impermissible setoffs.
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Commercial case opionion summary, case decided on August 05,2013, LexisNexis #0813-128

De Boer v. Talsma (In re Talsma)

Ruling: 
Former spouse's vote in favor of plan did not affect nondischargeability of domestic support obligation.
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Consumer case opionion summary, case decided on August 05,2013, LexisNexis #0913-028

Aigner v. McMillan (In re McMillan)

Petitioner filed an involuntary petition for relief under chapter 7 against the alleged debtor (the debtor) pursuant to 11 U.S.C.S. § 303. The debtor filed a counterclaim against petitioner pursuant to 11 U.S.C.S. § 303(i).
Ruling: 
Involuntary case dismissed where primary petitioning creditor was not qualified to seek relief.
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Consumer case opionion summary, case decided on June 04,2013, LexisNexis #0613-109

In re Williams

Pro se claimant brought an adversary proceeding against bankruptcy debtor seeking a determination that a potential debt to the claimant was nondischargeable based on the debtor's willful and malicious injury to the claimant and the debtor's fraud. The claimant, who was incarcerated, moved for appointment of counsel to represent the claimant pursuant to 28 U.S.C.S. § 1915.
Ruling: 
Appointment of counsel for incarcerated debtor denied.
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Consumer case opionion summary, case decided on April 19,2013, LexisNexis #0513-097

In re Texas Wyo. Drilling Inc.

Chapter 7 trustee objected to a proof of claim filed by the former consulting director, president, and chief operating officer for the debtor.
Ruling: 
President and CEO's claim for compensation for rejection of employment agreement after conversion to chapter 7 was not entitled to administrative expense priority.
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Commercial case opionion summary, case decided on February 04,2013, LexisNexis #0213-112

In re Neyland

A hearing was held on confirmation of a chapter 11 debtor's proposed plan of reorganization.
Ruling: 
Plan confirmed as meeting all necessary requirements.
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Consumer case opionion summary, case decided on January 28,2013, LexisNexis #0313-130

In re Noyola

A chapter 13 debtor filed a case with the assistance of counsel in violation of an order dismissing his prior case with prejudice to refiling for 180 days. The court issued an order to show cause why the case should not be dismissed with prejudice to refiling for two years and why counsel should not be sanctioned for failing to comply with the prior court order pursuant to Fed. R. Bankr. P. 9011(b).
Ruling: 
Case dismissed as filed in violation of prior prejudicial dismissal order but without sanction against counsel.
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Consumer case opionion summary, case decided on January 18,2013, LexisNexis #0213-070

In re Texas Rangers Baseball Partners

Debtor baseball club filed a petition under chapter 11, and an LLC filed a claim against the debtor's bankruptcy estate. An individual who was appointed to administer the debtor's bankruptcy plan and a bank filed objections to the LLC's claim. The court held hearings on the LLC's claim and the objections.
Ruling: 
Financial advisor's claim under agreement for payment upon sale of baseball club within specified period allowed despite rejection of agreement.
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Commercial case opionion summary, case decided on September 25,2012, LexisNexis #1012-089

Keeton v. Sohal (In re Sohal)

Plaintiff judgment creditor brought an adversary action against defendant debtors, husband and wife, asking that the debtors' discharges be denied under 11 U.S.C.S. § 727(a)(4)(A).
Ruling: 
Discharge denied due to omissions and misstatements in schedules.
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Consumer case opionion summary, case decided on September 23,2011, LexisNexis #1111-127

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