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northern district of texas

JSAA Realty, LLC, In re

Ruling
Plan was confirmed as court found that debtor's proposed interest rate of 6% was fair andequitable with regard to the trust's secured claim. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan; Requirements.

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Commercial opinion summary, case decided on February 24, 2022 , LexisNexis #0422-046

Stephens, In re--Tiburon Land & Cattle, LP v. Stephens

Ruling
Motion for remand was denied as removal of removed claims was timely and permissiveabstention and equitable remand was not warranted. (Bankr. N.D. Tex.)
Issue(s)
Removal of Claims Related to Bankruptcy.

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Consumer opinion summary, case decided on February 22, 2022 , LexisNexis #0422-050

Stephens, In re

Ruling
Debtor filed bankruptcy case in good faith to address the financial crisis brought about bystate trial court's issuance of prejudgment injunction. (Bankr. N.D. Tex.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; When Required.

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Consumer opinion summary, case decided on February 22, 2022 , LexisNexis #0422-044

Ayr Logistics Ltd. Inc., In re--Mims v. All Seas Ltd.

Ruling
Trustee's unopposed motion for summary judgment in proceeding to recover amounts dueunder promissory note assigned to debtor granted. (Bankr. N.D. Tex.)
Issue(s)
Turnover of Property to the Estate.

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Commercial opinion summary, case decided on February 07, 2022 , LexisNexis #0322-090

Reagor-Dykes Motors, LP, In re--Faulkner v. Broadway Festivals, Inc.

Ruling
Payment made by debtor to a charitable organization for a July 4th fireworks sponsorship wassubject to the "ordinary course of business" exception as the timing of the payment wasnormal when compared to other large contributors. (Bankr. N.D. Tex.)
Issue(s)
Preferences; Avoidable Transfers.

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Commercial opinion summary, case decided on January 11, 2022 , LexisNexis #0222-088

Stanke, In re

Ruling
Court denied trustee's plan modification as it was proposed after the debtors completed theirplan payments to the trustee. (Bankr. N.D. Tex.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on January 07, 2022 , LexisNexis #0222-096

Bailey Tool & Mfg. Co., In re--Bailey Tool & Mfg. Co. v. Republic Bus. Credit, LLC

Ruling
Court awarded damages due to company's exercise of control of debtor's business for its ownbenefit amounting to willful automatic stay violations. (Bankr. N.D. Tex.)
Issue(s)
Automatic Stay; Scope.

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Commercial opinion summary, case decided on December 23, 2021 , LexisNexis #0222-055

Hawaiian Vintage Chocolate Co., In re

Ruling
Debtor's Chapter 11 plan was confirmed as debtor proposed the plan in good faith and not byany means forbidden by law. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan; Requirements; Plan Proposed in Good Faith.

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Commercial opinion summary, case decided on December 22, 2021 , LexisNexis #0222-069

Pogo Energy, LLC, In re

Ruling
Confirmation was appropriate as the debtor and its professionals were deemed to havesolicited acceptances of the plan in good faith and in compliance with the applicableprovisions of the bankruptcy code. (Bankr. N.D. Tex.)
Issue(s)
Post-petition Disclosure and Solicitation.

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Commercial opinion summary, case decided on December 22, 2021 , LexisNexis #0222-068

Fresh Acquisitions, LLC, In re

Ruling
Substantive consolidation was warranted as debtors had the same officers, managers, anddirectors, shared general accounting services, and shared software systems and riskmanagement services. (Bankr. N.D. Tex.)
Issue(s)
Contents of Plan; Mandatory Provisions.

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Commercial opinion summary, case decided on December 16, 2021 , LexisNexis #0222-039