Judge Lynn

Spicer v. United States IRS (In re Motion Mktg. Solutions Inc.)

Plaintiff filed an adversary proceeding against defendant Internal Revenue Service (IRS), seeking an order avoiding a lien the IRS placed on a corporate debtor's property as a preferential transfer under 11 U.S.C.S. § 547(b). The parties filed cross-motions for summary judgment.
Ruling: 
IRS lien filed three weeks prior to petition date was not avoidable.
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Commercial case opionion summary, case decided on April 16,2009, LexisNexis #0609-014

Estate of Fisher v. JPMorgan Chase Bank (In re Fort Worth Osteopathic Hosp. Inc.)

Plaintiff decedent's estate sued defendant trustee of a hospital trust fund and others in state court, seeking to recover on a malpractice liability judgment. After the hospital filed for chapter 7 bankruptcy protection, the trustee removed the action to bankruptcy court. The estate filed a motion to remand, urging the bankruptcy court to abstain from considering the action. The bankruptcy court held a hearing on the motion.
Ruling: 
Bankruptcy court abstained from hearing action to recover malpractice judgment where estate had settled and was no longer a party.
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Commercial case opionion summary, case decided on April 15,2009, LexisNexis #0609-034

In re Pilgrims Pride Corp.

Pursuant to 11 U.S.C.S. §§ 363(b) and 503(c)(3), the chapter 11 debtors moved for an order to enter into consulting agreements with two former employees. The trustee objected to the motion. The bankruptcy court held a hearing.
Ruling: 
Chapter 11 debtor could hire two former employees as consultants to prevent them from working for competition.
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Commercial case opionion summary, case decided on February 20,2009, LexisNexis #0409-003

In re Arnold

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and the Texas Attorney General filed a claim in the amount of $ 6,793.57 against the debtor's bankruptcy estate. The debtor filed an objection to the Attorney General's claim.
Ruling: 
Attorney general's claim for child support arrears allowed only in part due to failure to rebut debtor's objection.
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Consumer case opionion summary, case decided on February 04,2009, LexisNexis #0309-057

Chizk v. Ramon (In re Ramon)

Creditor filed a second amended complaint asking that defendant chapter 7 debtors be denied a discharge under 11 U.S.C.S. § 727 and that their debt to her be declared nondischargeable under 11 U.S.C.S. § 523(a)(2) and (a)(4). The debtors filed a motion to dismiss pursuant to Fed. R. Civ. P. 9(b) and Fed. R. Bankr. P. 7009. The debtors also sought attorney's fees under 11 U.S.C.S. § 523(d).
Ruling: 
Complaint claiming nondischargeability for breach of fiduciary duty dismissed due to insufficiently pled facts to establish debtor's alleged fiduciary status.
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Consumer case opionion summary, case decided on February 03,2009, LexisNexis #0310-088

In re Pilgrims Pride Corp.

Before the court was a bankruptcy debtor's motion pursuant to 11 U.S.C.S. §§ 105(a) and 366 to (i) approve debtors'proposed form of adequate assurance; (ii) establish procedures for resolving objections by utility companies; and (iii) prohibit utilities from altering, refusing, or discontinuing service.
Ruling: 
Adequate assurance agreements with utilities approved but court declined to bar nonfiling creditors from contesting adequacy in future.
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Commercial case opionion summary, case decided on January 04,2009, LexisNexis #0209-007

In re Renaissance Hosp. -- Grand Prairie Inc.

A patient care ombudsman for chapter 11 debtors filed two applications pursuant to 11 U.S.C.S. § 105, § 330, and § 333, seeking court approval to employ the ombudsman's hospital management company as his advisor so that it could be paid from estate assets and to employ counsel to be paid from estate assets.
Ruling: 
Appointment of professionals to assist health care ombudsman approved.
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Commercial case opionion summary, case decided on December 31,2008, LexisNexis #0209-004

Tex-Link Communs. Inc. v. Lopez (In re Lopez)

Debtor filed a motion to set aside a default judgment taken against him by plaintiff pursuant to Fed. R. Bankr. P. 7055(c), on the grounds that service was improper under Fed. R. Bankr. P. 7004(b)(9).
Ruling: 
Electronic service of adversary complaint upon debtor's attorney was improper where attorney did not consent in writing.
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Consumer case opionion summary, case decided on November 26,2008, LexisNexis #0109-097

In re Tusa-Expo Holdings Inc.

After filing for bankruptcy relief under chapter 11, the debtors moved for an order authorizing them to pay pre-petition wages, compensation, and employee benefits. The court considered the motion at a hearing. No objection to the motion was lodged.
Ruling: 
Debtors authorized to pay priority claims for prepetition wages, compensation and employee benefits.
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Commercial case opionion summary, case decided on November 07,2008, LexisNexis #1208-041

In re Surety Capital Corp.

An interested party (objector) filed an objection to debtor's first amended plan of reorganization as modified. While several objections were filed, the only objection remaining for disposition related to debtor's proposed payment of a $50,000 bonus to debtor's chairman who was also a member of a firm that was providing management services to debtor under a consulting agreement. The plan had been confirmed pending a ruling on the bonus claim.
Ruling: 
Bonus to management firm on sale of bank owned by the estate approved over objection as provided for in chapter 11 plan.
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Commercial case opionion summary, case decided on October 16,2008, LexisNexis #1108-048

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