- 11 U.S.C.
Hanna, In re
Jul
19
2019
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 28 U.S.C.
Hanna, In re--Hanna v. Compass Bank
Dec
13
2018
Ruling
Case dismissed as it did not significantly have an effect on the efficient administration of debtor's chapter 13 estate. (Bankr. S.D. Tex.)
Issue(s)
Bankruptcy Cases and Proceedings.
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Court
:
Painter, In re
Dec
05
2018
Ruling
Debtor may claim as exempt monies held in an IRA to the extent that those funds were in a fund or account that was exempt from taxation. (Bankr. S.D. Tex.)
Issue(s)
Exemptions; Choice Between Federal and State Law.
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Court
:
- 11 U.S.C.
Oluyemisi Omokafe Okedokun, In re--Elbar Investments, Inc. v. Oluyemisi Omokafe Okedokun
Nov
06
2018
Ruling
Plaintiff proved the elements of its Texas Theft Liability Act (TTLA) claim and was entitledto recover reasonable attorneys' fees and costs it expended in prosecuting that particularclaim. (Bankr. S.D. Tex.)
Issue(s)
Automatic Stay.
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Court
:
FM Forrest, Inc., In re--Gruppo Formstar LLC v. FM Forrest, Inc.
Jul
18
2018
Ruling
Motion for relief from judgment dismissed where the Rooker-Feldman doctrine was applicable and court did not have the power to set aside the judgment, the compel order, and the receivership order. (Bankr. S.D. Tex.)
Issue(s)
Procedures; Reference of Cases and Proceedings by District Court to Bankruptcy Court.
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Court
:
- 11 U.S.C.
Tegeler, In re--Trustmark Nat'l Bank v. Tegeler
Jun
08
2018
Ruling
Debtors jointly and severally liable for nondischargeable obligations where they intentionally submitted a borrowing base certificate that was patently false knowing that creditor would rely upon it. (Bankr. S.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 11 U.S.C.
Pioneer Carriers, LLC, In re
Feb
08
2018
Ruling
Court ruled that an undersecured creditor who elects the application of § 1111(b) is entitledto its post-petition attorneys' fees as part of its secured claim. (Bankr. S.D. Tex.)
Issue(s)
Claims and Interests; Claims Secured by Liens; Election of Secured Status.
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Court
:
9 Houston LLC, In re
Dec
20
2017
Ruling
Court granted debtor's emergency motion to sell acres of land free and clear of all liens and claims as debtor met its burden to show that the proposed sale of the property was in the best interests of the estate. (Bankr. S.D. Tex.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing.
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Court
:
- 11 U.S.C.
Koukhtiev, In re--Hiner v. Koukhtiev
Nov
17
2017
Ruling
Debt was nondischargeable where debtor willfully and maliciously injured the creditor by selling the program developed by the creditor to third parties without creditor's permission. (Bankr. S.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Court
:
- 11 U.S.C.
Irasel Sand, LLC, In re
Jun
23
2017
Ruling
Debtor's case dismissed because of substantial or continuing loss to the debtor's estate and the absence of a reasonable likelihood of the debtor's rehabilitation. (Bankr. S.D. Tex.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes “Cause”; Loss or Diminution of Estate.
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Court
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