Southern District

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

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

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

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

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

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

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

Montalvo, In re

Ruling: 
Debtor's objection to claim based on prepetition execution sale of properties in order to satisfy a state-court judgment overrruled. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on January 11,2019, LexisNexis #0219-030

Luithle, In re

Ruling: 
Divorce decree that required the debtor to maintain certain life insurance with his ex-wife listed as the beneficiary was nondischargeable as it was an obligation in the nature of support and alimony. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on January 10,2019, LexisNexis #0219-033

Painter, In re

Ruling: 
Debtor may claim as exempt monies held in an IRA to the extent that those funds were in a fund or account that was exempt from taxation. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on December 05,2018, LexisNexis #0119-093

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