Jul
19
2019
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
Dec
05
2018
Painter, In re
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.)
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Consumer case opionion summary, case decided on December 05,2018, LexisNexis #0119-093
Dec
13
2018
Hanna, In re--Hanna v. Compass Bank
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.)
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Consumer case opionion summary, case decided on December 13,2018, LexisNexis #0119-108
Nov
06
2018
Oluyemisi Omokafe Okedokun, In re--Elbar Investments, Inc. v. Oluyemisi Omokafe Okedokun
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.)
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Consumer case opionion summary, case decided on November 06,2018, LexisNexis #1218-062
Jul
18
2018
FM Forrest, Inc., In re--Gruppo Formstar LLC v. FM Forrest, Inc.
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.)
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Commercial case opionion summary, case decided on July 18,2018, LexisNexis #0818-117
Jun
08
2018
Tegeler, In re--Trustmark Nat'l Bank v. Tegeler
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.)
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Consumer case opionion summary, case decided on June 08,2018, LexisNexis #0718-037
Feb
08
2018
Pioneer Carriers, LLC, In re
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.)
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Commercial case opionion summary, case decided on February 08,2018, LexisNexis #0318-080
Dec
20
2017
9 Houston LLC, In re
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.)
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Commercial case opionion summary, case decided on December 20,2017, LexisNexis #0118-093
Nov
17
2017
Koukhtiev, In re--Hiner v. Koukhtiev
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.)
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Consumer case opionion summary, case decided on November 17,2017, LexisNexis #1217-102
Jun
23
2017
Irasel Sand, LLC, In re
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.)
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Commercial case opionion summary, case decided on June 23,2017, LexisNexis #0717-113
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