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Silver State Holdings, In re--Valley Ridge Roofing & Constr., LLC v. Silver State Holdings

Ruling
Foreclosure within 90 days of the involuntary petition date that allowed creditor to receivemore than in a hypothetical Chapter 7 case was an avoidable fraudulent transfer. (Bankr. N.D.Tex.)
Issue(s)
Fraudulent Transfers and Obligations.

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Commercial opinion summary, case decided on September 30, 2020 , LexisNexis #1120-042

McCool, In re--Beshears v. McCool

Ruling
Debtor’s misrepresentations regarding ownership of land and payment of creditor from saleproceeds resulted in nondischargeable debt. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on September 30, 2019 , LexisNexis #1219-008

Edmonds, In re

Ruling
Creditor’s state-law claims based on conversion, unjust enrichment, and breach of fiduciaryduty were nondischargeable. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 30, 2019 , LexisNexis #1219-005

Everhart, In re

Ruling
Trustee's objection overruled where debtors' "special circumstances" deductions werereasonable and necessary. (Bankr. N.D. Tex.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

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Consumer opinion summary, case decided on September 17, 2019 , LexisNexis #1119-014

Anderson, In re

Ruling
Debtors were entitled to a net monthly deduction as their transportation ownership cost underthe IRS Local Standards incorporated in 11 U.S.C. § 707(b)(2)(A)(ii)(I) and a monthly debtpayment under § 707(b)(2)(A)(iii). (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan; Objections.

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Consumer opinion summary, case decided on August 09, 2019 , LexisNexis #1019-049

Victory Med. Ctr. Mid-Cities, In re

Ruling
Debtor was entitled to summary judgment in fraudulent transfer proceeding as debtorreceived a reasonably equivalent value under the settlement agreement in question. (Bankr.N.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Commercial opinion summary, case decided on May 13, 2019 , LexisNexis #0719-092

Seiffert, In re

Ruling
Debtors' mere failure to surrender mobile home to creditor did not constitute a meritoriousground to delay the entry of a discharge order. (Bankr. N.D. Tex.)
Issue(s)
Debtor’s Duties.

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Consumer opinion summary, case decided on March 08, 2019 , LexisNexis #0519-059

Dean, In re--Lester v. Dean

Ruling
Plaintiffs failed to prove the claims were nondischargeable where they were unable toproduce credible evidence showing that debtor's actions were inappropriate and theysuffered any damages as a result of any inappropriate actions. (Bankr. N.D. Tex.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on September 29, 2018 , LexisNexis #1118-018

Life Partners Holdings, Inc., In re

Ruling
The 2017 increase in quarterly U.S. Trustee fees did not apply to Chapter 11 cases filed beforethe enactment, and even if it did apply, it was unconstitutionally non-uniform. (Bankr. N.D.Tex.)
Issue(s)
Bankruptcy Fees; Filing Fees; Chapter 11 Quarterly Fee.

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Commercial opinion summary, case decided on January 01, 2018 , LexisNexis #1019-072

Hazlewood, In re

Ruling
Plan modification denied as trustee could not employ § 1329 to take property from the debtor which was vested free and clear of any claim or interest of any creditor provided for by the plan. (Bankr. N.D. Tex.)
Issue(s)
Effect of Confirmation.

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Consumer opinion summary, case decided on May 12, 2017 , LexisNexis #0617-049