Mar
12
2021
ABC Dentistry, P.A., In re
Ruling:
Motion to remand was denied because plaintiff alleged unethical or fraudulent conduct thatwas directly related to whether the bankruptcy court's order was procured by fraud. (Bankr.S.D. Tex.)
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Commercial case opionion summary, case decided on March 12,2021, LexisNexis #0421-099
Mar
10
2021
Sanchez Energy Corp., In re
Ruling:
Creditor allowed administrative claim for standby day rate charges incurred after suspensionof drilling program, authorized by contract and enforceable under state law. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on March 10,2021, LexisNexis #0421-085
Mar
05
2021
Chapman, In re--Curtis v. Chapman Family Trust
Ruling:
Debtor's stepchildren qualified as non-statutory insiders for purposes of preferential transferproceeding. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on March 05,2021, LexisNexis #0421-068
Feb
08
2021
Jackson, In re--Byman v. Lee
Ruling:
Trustee was entitled to judgment that a cash transfer constituted a fraudulent transfer as theaffirmative defense of reasonably equivalent value or good faith was not shown. (Bankr. S.D.Tex.)
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Consumer case opionion summary, case decided on February 08,2021, LexisNexis #0321-065
Jan
16
2021
United Ref. Co., In re
Ruling:
Confirmation order satisfied the debtors' burden of proof of notice and discharge of claimsfiled by decedent’s estate 28 years later. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on January 16,2021, LexisNexis #0221-094
Jan
21
2021
Uplift RX, LLC, In re--Shapiro v. Wall St. Health Servs.
Ruling:
Good cause existed to allow a liquidating trustee to proceed on his motion for leave to amendcomplaint in avoidance proceeding after the scheduling order deadline. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on January 21,2021, LexisNexis #0221-087
Jan
13
2021
Bressler, In re
Ruling:
Court determined that it would count only those votes accepting or rejecting the Chapter 11plan cast by claim holders to determine if numerosity requirements had been met. (Bankr.S.D. Tex.)
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Consumer case opionion summary, case decided on January 13,2021, LexisNexis #0221-068
May
22
2018
Briar Bldg. Houston LlcLC, In re
Ruling:
Court denied plaintiff's motions to remand as lawsuit was properly before the court andmandatory abstention was not required. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on May 22,2018, LexisNexis #0221-073
Dec
30
2020
Two Wheels Props., LLC, In re
Ruling:
A corporation was not eligible to be a debtor under Chapter 11, subchapter V, because it wasalready liquidated. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on December 30,2020, LexisNexis #0221-051
Jan
06
2021
RGV Smiles by Rocky L. Salinas D.D.S. P.A., In re
Ruling:
Action brought against debtor by state under the state Medicaid fraud prevention act wasexcepted from the automatic stay as the state was not acting primarily to further its pecuniaryinterest but to effectuate public policy. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on January 06,2021, LexisNexis #0221-032
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