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southern district of texas

Broadway Realty I Co., LLC, In re

Ruling
Combination of equity cushions and purported benefits to creditor did not provide adequate protection to justify proposed use of cash collateral. (Bankr. S.D.N.Y.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.

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Commercial opinion summary, case decided on June 29, 2025 , LexisNexis #0825-084

SandRidge Energy, Inc., In re

Ruling
Debtor’s D&O policies and indemnification obligations related to securities lawsuits were assumed under the confirmed plan and became post-petition obligations of debtor. (Bankr. S.D. Tex.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Commercial opinion summary, case decided on May 23, 2025 , LexisNexis #0725-079

BMI Oldco, In re

Ruling
Debtor’s Chapter 11 case preserved as court found Section 524(g) trust served valid purpose of compensating talc claimants through parent funding. (Bankr. S.D. Tex.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on May 20, 2025 , LexisNexis #0825-069

BMI Oldco Inc., In re

Ruling
District court decision resolving whether debtor’s talc contained asbestos was an issue necessary for determining the feasibility of proposed § 524(g) trust. (Bankr. S.D. Tex.)
Issue(s)
Effect of Discharge; Supplemental Injunctions in Chapter 11 Proceedings.

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Commercial opinion summary, case decided on May 14, 2025 , LexisNexis #0725-091

Wood, In re

Ruling
State contempt order obtained by creditor was a willful violation of the automatic stay since it sought collection on pre-petition debt without excluding estate property despite notice of bankruptcy. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on May 13, 2025 , LexisNexis #0725-054

Barrow Shaver Res. Co., In re--Plains Mktg., L.P. v. Barrow Shaver Res. Co.

Ruling
Court denied stay pending appeal as it would substantially harm the debtor by preventing use of the withheld funds for operations to increase asset value during the sale process. (Bankr. S.D. Tex.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings; Initial Motion in the Bankruptcy Court; In General; Judgment Order or Decree of the Bankruptcy Court.

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Commercial opinion summary, case decided on March 03, 2025 , LexisNexis #0525-024

Texaco, Inc., In re

Ruling
Claims under state coastal resources management law fell clearly within provision of plan which protected claims of governmental units arising under environmental laws from discharge. (Bankr. S.D.N.Y.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

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Commercial opinion summary, case decided on February 21, 2025 , LexisNexis #0425-088

Togut v. Perevoski (In re Kossoff PLLC)

Ruling
Court had jurisdiction to determine tax liability as there was no prior adjudication of the tax liabilities by a judicial or administrative tribunal. (Bankr. S.D.N.Y.)
Issue(s)
Determination of Tax Liability; The Role Of The Court; Exceptions to Bankruptcy Court Determination; Amount Adjudicated Prepetition.

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Consumer opinion summary, case decided on February 14, 2025 , LexisNexis #0425-084

Allen, In re--Ketelhut v. Allen

Ruling
Creditor failed to allege sufficient grounds for nondischargeability of debts. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on January 27, 2025 , LexisNexis #0325-086

Johns, In re

Ruling
Court reviewed the trustee's decision to enter into agreement under the "sound business judgment" standard applicable to a trustee's use, sale, or lease of estate property outside the ordinary course of business. (Bankr. N.D. Tex.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing.

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Consumer opinion summary, case decided on November 22, 2024 , LexisNexis #0225-004