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Southern District

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

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

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

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

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