Aug
06
2019
Dutka, In re
Ruling:
Voluntary dismissal denied where debtors clearly authorized their attorney to file forbankruptcy. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on August 06,2019, LexisNexis #1019-017
Jul
29
2019
Prescott, In re--Prescott v. Wells Fargo Bank, N.A.
Ruling:
Mortgagee breached the court's cure order by trying to collect a payment the order hadeliminated. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on July 29,2019, LexisNexis #0919-096
Sep
23
2019
Black Elk Energy Offshore Operations, In re
Ruling:
Transfer was preferential where it was made to a creditor, on account of an antecedent debt,and enabled such creditor to receive more than it would in a hypothetical liquidation.(Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on September 23,2019, LexisNexis #0919-087
May
29
2019
Cole, In re
Ruling:
Debtor's objection to proof of claim denied as debtor remained liable for the full amount ofhis tax obligation until the Offer in Compromise terms and conditions had been met. (Bankr.S.D. Tex.)
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Consumer case opionion summary, case decided on May 29,2019, LexisNexis #0819-047
May
14
2019
Vanguard Natural Res., In re
Ruling:
Revenue department's motion to abstain denied where determination of debtor's tax issuesheavily implicated the bankruptcy code's objectives. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on May 14,2019, LexisNexis #0719-084
Jul
25
2019
Garza, In re--Garza v. CMM Enters., LLC
Ruling:
Court limited the award of attorney's fees for willful stay violations as debtor's counsel didnot make any effort to resolve the matter before filing the adversary proceeding. (Bankr. S.D.Tex.)
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Consumer case opionion summary, case decided on July 25,2019, LexisNexis #0919-054
Jul
19
2019
Hanna, In re
Ruling:
Debtor's guaranty obligation to his company's creditor was nondischargeable based on falsemisrepresentations and false pretenses as debtor immediately used the loan proceeds to paypayroll and various personal expenses. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on July 19,2019, LexisNexis #0919-060
Jul
23
2019
Fedoruk, In re
Ruling:
Motion to dismiss debtors' Chapter 7 bankruptcy case was denied as debtors qualified asChapter 7 business debtors and creditor failed to demonstrate that debtors acted in bad faith.(Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on July 23,2019, LexisNexis #0919-067
Mar
07
2019
Trevino v. Select Portfolio Servicing, Inc.
Ruling:
Court was not persuaded that compelling arbitration was inadequate to protect the substantive rights granted by the bankruptcy code. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on March 07,2019, LexisNexis #0419-085
Feb
04
2019
McClenon, In re--McClenon v. Statebridge Co., LLC
Ruling:
Court abstained from adjudicating adversary proceeding alleging wrongful foreclosure andremoval of debtor's personal property. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on February 04,2019, LexisNexis #0319-069
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