Northern District

In re Holy Tabernacle Church Intl Inc.

Debtor church moved for confirmation of its chapter 11 plan. One objection was filed. At issue was whether the plan was properly confirmed per 11 U.S.C.S. § 1129 over that objection, which was made by a lender that held a secured claim valued at $468,411.
Ruling: 
Plan confirmed with amendments to protect secured creditor's claim.
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Commercial case opionion summary, case decided on February 08,2013, LexisNexis #0313-061

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 Jetstar Partners Ltd.

A chapter 11 debtor filed a plan of reorganization and disclosure statement. No objections to confirmation were filed. The court held a hearing to consider approval of the disclosure statement and confirmation of the plan under 11 U.S.C.S. § 1129(a) and (b) and Fed. R. Bankr. P. 3020.
Ruling: 
Plan approved as meeting all applicable provisions of Bankruptcy Code.
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Commercial case opionion summary, case decided on January 29,2013, LexisNexis #0213-095

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 Vitro Asset Corp.

On remand from the U.S. District Court for the Northern District of Texas, the court reconsidered orders dismissing involuntary petitions filed against alleged debtors pursuant to 11 U.S.C.S. § 303 after the district court vacated the court's dismissal orders.
Ruling: 
On remand, dismissal of involuntary case reversed where debt was liquidated and not subject to bona fide dispute.
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Commercial case opionion summary, case decided on December 04,2012, LexisNexis #1212-108

OCheskey v. Houston for Texans Charitable Trust (In re American Hous. Found.)

Trustee filed an adversary proceeding against defendants, a charitable trust, co-trustees of a trust, and a partnership, seeking a determination that transfers a nonprofit entity ("debtor") made before it declared chapter 11 bankruptcy were preferential transfers that could be recovered under 11 U.S.C.S. § 547. The court issued supplemental findings of fact and conclusions of law to an opinion it entered on September 30, 2012.
Ruling: 
Transfers by debtor Ponzi scheme operator to individual and trust prior to petition date while debtor was insolvent were preferential.
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Commercial case opionion summary, case decided on November 07,2012, LexisNexis #1112-126

In re Desperado Dairy LLC

Two members of a chapter 11 debtor, a limited liability company (LLC) sought dismissal of the case. The motion was opposed by the filing member and creditors.
Ruling: 
Case dismissed as member and manager of debtor LLC lacked authority to file petition.
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Commercial case opionion summary, case decided on November 06,2012, LexisNexis #1112-129

OChesky v. Houston for Texans Charitable Trust (In re American Hous. Found.)

Chapter 11 liquidating trustee filed an adversary complaint against defendants, a trust and the beneficiary of the trust, seeking to subordinate an unsecured claim of the trust and to avoid and recover fraudulent transfers pursuant to 11 U.S.C.S. § 548.
Ruling: 
Claim of trust that benefitted from debtor's Ponzi scheme had to be subordinated.
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Commercial case opionion summary, case decided on September 30,2012, LexisNexis #1112-095

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

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