Dec
10
2018
Ahmadi, In re
Ruling:
Failure of the attorney to properly advise debtor of the fees incurred during the prosecution ofhis case justified a lodestar downward adjustment. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on December 10,2018, LexisNexis #0119-066
Nov
19
2018
Carter, In re--Nat'l Diversity Council v. Carter
Ruling:
Debt deemed nondischargeable as debtor intentionally deceived creditor in an effort to usurpbusiness opportunities belonging to creditor for her own personal gain. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on November 19,2018, LexisNexis #0119-011
Nov
06
2018
Oluyemisi Omokafe Okedokun, In re--Elbar Investments, Inc. v. Oluyemisi Omokafe Okedokun
Ruling:
Plaintiff proved the elements of its Texas Theft Liability Act (TTLA) claim and was entitledto recover reasonable attorneys' fees and costs it expended in prosecuting that particularclaim. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on November 06,2018, LexisNexis #1218-062
Sep
26
2018
Santillan, In re
Ruling:
Overpayment credited to balance owed under modified chapter 13 plan where the modification was retroactively effective as of the date it was filed. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-057
Sep
14
2018
Northstar Offshore Grp., LLC, In re
Ruling:
Creditor's motion for leave to late-file proof of claim granted as it demonstrated sufficient reason for its delay in filing its proof of claim. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on September 14,2018, LexisNexis #1018-119
Aug
31
2018
Guevara, In re
Ruling:
Motion for retroactive relief from stay granted where purchaser's lack of notice regardingdebtor's bankruptcy and payment of taxes consistent with the duties of a property owner bothweighed in favor of retroactive annulment of the automatic stay. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on August 31,2018, LexisNexis #1018-066
Aug
06
2018
Flores, In re--United Leasing, Inc. v. Flores
Ruling:
Court excepted debt from discharge as the debtor's personal financial statement containedsubstantial inaccuracies that creditor relied when it made a credit decision. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on August 06,2018, LexisNexis #1018-073
Aug
28
2018
Dahlin, In re--Sommers v. Dale
Ruling:
Trustee's motion for summary judgment granted where trustee was a bona fide purchaser and did not have constructive or inquiry notice of defendants' interest in the property before debtor filed her bankruptcy petition. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on August 28,2018, LexisNexis #1018-051
Jul
18
2018
FM Forrest, Inc., In re--Gruppo Formstar LLC v. FM Forrest, Inc.
Ruling:
Motion for relief from judgment dismissed where the Rooker-Feldman doctrine was applicable and court did not have the power to set aside the judgment, the compel order, and the receivership order. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on July 18,2018, LexisNexis #0818-117
Jun
08
2018
Tegeler, In re--Trustmark Nat'l Bank v. Tegeler
Ruling:
Debtors jointly and severally liable for nondischargeable obligations where they intentionally submitted a borrowing base certificate that was patently false knowing that creditor would rely upon it. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on June 08,2018, LexisNexis #0718-037
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