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northern district of texas

Payne, In re--Payne v. Payne

Ruling
Debts were not domestic support obligations as debtor's former spouse failed to put forwardevidence or a credible argument that any of the debts were in the nature of alimony,maintenance, or support. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on October 20, 2022 , LexisNexis #1222-084

ActiTech, L.P., In re

Ruling
Plan of reorganization confirmed as it complied with all applicable provisions and wasproposed with the legitimate purpose of allowing the debtor to reorganize and emerge frombankruptcy. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on October 07, 2022 , LexisNexis #1222-071

Poole, In re

Ruling
Debtors' proposed "heads on beds" approach to determining household size was rejected as itovercounted and was not consistent with the Bankruptcy Code's purposes. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan; Objections; “Applicable Commitment Period”.

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Consumer opinion summary, case decided on September 30, 2022 , LexisNexis #1222-024

Highland Cap. Mgmt. L.P., In re--Charitable DAF Fund, L.P. v. Highland Cap. Mgmt. L.P.

Ruling
Creditor lacked standing to bring post-confirmation suit for post-petition breach of contractthat was an improper means for pursuing the claim. (Bankr. N.D. Tex.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate

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Commercial opinion summary, case decided on September 30, 2022 , LexisNexis #1222-006

Rosenburg, In re--ToxPro Labs., LLC v. Rosenburg

Ruling
Liquidated claims against debtor were not nondischargeable as plaintiffs failed to meet theirburden to establish that debtor made false pretenses or false representations to any of theplaintiffs. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 06, 2022 , LexisNexis #1122-041

Bianco, In re

Ruling
Debt was nondischargeable as the debtors fraudulently induced them creditors into advancingfunds by making false representations with certainty that creditors would be injured by thedebtors' actions. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on August 30, 2022 , LexisNexis #1122-014

Archer, In re--Ries v. Archer

Ruling
Chapter 7 trustee was not entitled to a declaration that certain farms were properties of thebankruptcy estate as the trustee failed to show through clear and convincing evidence thatdebtor did not intend to transfer ownership to defendants. (Bankr. N.D. Tex.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on August 12, 2022 , LexisNexis #1022-058

Lager, In re--PIRTEK USA, LLC v. Lager

Ruling
Complaint sufficiently pled the existence of a liability arising from debtor's alleged fraud andthat debtor made a representation he knew was false or made with the intent and purpose todeceive the plaintiff. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Commercial opinion summary, case decided on August 10, 2022 , LexisNexis #1022-030

Beal, In re

Ruling
Claim disallowed where the contract at issue between the debtor and the import company wasrescinded and nullified due to the import company having committed a material breach.(Bankr. N.D. Tex.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unenforceable Claim.

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Consumer opinion summary, case decided on July 25, 2022 , LexisNexis #0922-029

Reagor-Dykes Motors, LP, In re

Ruling
Creditors did not hold a secured claim against the trust as the trustee had no interest in theproperty at the center of the creditors' claim and the claim was an administrative claim. (Bankr.N.D. Tex.)
Issue(s)
Allowance of Administrative Expenses.

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Commercial opinion summary, case decided on July 21, 2022 , LexisNexis #0922-030