Jun
06
2023
Entrust Energy, Inc., In re--Entrust Energy, Inc. v. Shell Energy N. Am. (US, L.P.
Ruling:
Allegedly undisputed portion of payment for termination of agreements was was not estate property subject to turnover. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on June 06,2023, LexisNexis #0723-088
May
25
2023
Pearl Res. LLC, In re
Ruling:
Court lacked subject matter jurisdiction to confirm plan provisions impacting remediation efforts by state railroad commission. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on May 25,2023, LexisNexis #0723-068
Jun
06
2023
Serta Simmons Bedding, LLC, In re--Serta Simmons Bedding, LLC v. AG Ctr. St. P'ship
Ruling:
Court approved debtor's plan over objections concerning indemnity and the absolute priority rule. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on June 06,2023, LexisNexis #0823-015
May
25
2023
Palasota, In re
Ruling:
Objections overruled because debtor was precluded from arguing that her liability was altered by joint plan in bankruptcies of her husband and their co-owned construction company. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on May 25,2023, LexisNexis #0723-036
Apr
06
2023
Perkins, In re
Ruling:
Plan proposing 401(k) contributions of 15% of debtors' salary while paying unsecured creditors less than 25% of their claims was confirmed absent rebuttal of the presumption of good faith. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on April 06,2023, LexisNexis #0623-036
Mar
07
2023
1960 Fam. Practice, P.A., In re--Engelhart v. Le Nguyen
Ruling:
The order of dismissal was effectively with prejudice to refiling as the two-year limitations period to file claims had run. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on March 07,2023, LexisNexis #0523-014
Feb
09
2023
Trevino, In re--Trevino v. U.S. Bank Trust, N.A.
Ruling:
Debtors were entitled to recover an award of reasonable and necessary attorneys' fees and expenses as debtors prevailed on an unfair debt collection claim regarding their home loan. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on February 09,2023, LexisNexis #0423-027
Feb
06
2023
Lilis Energy, In re
Ruling:
Plaintiff was entitled to summary judgment in preference proceeding as defendant's sole response was to state that additional discovery was necessary to establish its defense. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on February 06,2023, LexisNexis #0423-014
Jan
24
2023
Burts Constr., Inc., In re
Ruling:
Creditor's pre-petition lien on accounts did not extend to the proceeds of a post-petition sale.(Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on January 24,2023, LexisNexis #0323-066
Jan
25
2023
Porter Dev. Partners, LLC, In re
Ruling:
Reconsideration of an order disallowing claims was granted where the claims were litigated asa contested matter. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on January 25,2023, LexisNexis #0323-055
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