Mar
07
2022
Cleveland Imaging & Surgical Hosp., L.L.C., In re
Ruling:
Plaintiff doctors and attorney sanctioned for filing meritless motion to vacate sale of assetsmore than five years after plan confirmation. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on March 07,2022, LexisNexis #0522-025
Mar
09
2022
Smdonovick Ventures, In re
Ruling:
Chapter 7 trustee's motion to dismiss debtor's case for failure to appear at the meeting ofcreditors was continued to permit the debtor to obtain new counsel. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on March 09,2022, LexisNexis #0522-002
Feb
25
2022
Tex-Gas Holding, In re--Tex-Gas Holdings v. Lui So Yuk
Ruling:
Debtor was entitled to expungement and release of the creditors' lien and disallowance oftheir proofs of claims as the creditors failed to meet their burden of establishing that they helda lien. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on February 25,2022, LexisNexis #0422-058
Feb
23
2022
Ironside, LLC, In re
Ruling:
Bankruptcy court properly determined that assignee willfully violated the automatic staywhen it submitted a substitution order in another court to obtain control or possession of alawsuit in which the debtor had an interest. (Bankr. N.D. Fla.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-032
Feb
24
2022
Tex-Gas Holdings, In re
Ruling:
Deed of trust was declared expunged and released as defendants did not have a lien or securedinterest in the plaintiff's property. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on February 24,2022, LexisNexis #0422-026
Feb
08
2022
Fieldwood Energy LLC, In re
Ruling:
Transferee could not set off the remainder of what purchaser owed under the transferredagreement against the amount debtor owed under a second agreement that was rejected bydebtor. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on February 08,2022, LexisNexis #0322-093
Nov
18
2021
Anloc, LLC, In re--Tex. Oil Res. Operating, LLC v. ACSI Holdings, LLC
Ruling:
Attorneys' fees and expenses awarded as reduced by the court as they were found to becommensurate with the reasonable rates charged in the local market for similarly situatedattorneys. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on November 18,2021, LexisNexis #0122-027
Sep
10
2021
Trevino, In re--Trevino v. U.S. Bank Trust, N.A.
Ruling:
Defendants' request for entry of summary judgment on the basis that attorneys' fees were notreasonable denied as relative size of plaintiffs' damages award could not be the basis forreducing attorneys' fees. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on September 10,2021, LexisNexis #1121-001
Aug
18
2021
Imperial Petro. Recovery Corp., In re--Carmichael v. Balke
Ruling:
Plaintiffs’ attorneys’ fees award reduced where plaintiffs were erroneously awarded actualdamages in a greater amount than that to which they were entitled. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on August 18,2021, LexisNexis #1021-003
Jun
10
2021
Jones-Peteet, In re--Estate of Perteet v. Jones-Peteet
Ruling:
Debtor's private student loan debt was nondischargeable as it was a "qualified educationloan". (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on June 10,2021, LexisNexis #0921-040
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