- 11 U.S.C.
Poole, In re
Sep
30
2022
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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:
- 11 U.S.C.
Highland Cap. Mgmt. L.P., In re--Charitable DAF Fund, L.P. v. Highland Cap. Mgmt. L.P.
Sep
30
2022
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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Rosenburg, In re--ToxPro Labs., LLC v. Rosenburg
Sep
06
2022
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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- 11 U.S.C.
Bianco, In re
Aug
30
2022
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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:
- 11 U.S.C.
Archer, In re--Ries v. Archer
Aug
12
2022
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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:
- 11 U.S.C.
Lager, In re--PIRTEK USA, LLC v. Lager
Aug
10
2022
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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:
- 11 U.S.C.
Beal, In re
Jul
25
2022
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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:
- 11 U.S.C.
Reagor-Dykes Motors, LP, In re
Jul
21
2022
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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:
- 11 U.S.C.
North Richland Hills Alamo, LLC, In re
Jun
11
2022
Ruling
Subchapter V plan of liquidation was confirmed as the debtor commenced the case in goodfaith and had acted in good faith throughout the duration of the case. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan.
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- 11 U.S.C.
Placid Oil Co., In re--Placid Oil LLC v. Avalon Farm, Inc.
Jun
03
2022
Ruling
Environmental contamination claims were not discharged as the debtor assumed anunexpired surface lease in its plan without giving the creditor lessor predecessor actualnotice. (Bankr. N.D. Tex.)
Issue(s)
Contents of Plan; Discretionary Provisions; Assumption, Rejection or Assignment of
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