Judge Isgur

Lovett v. Cardinal Health Inc. (In re Diabetes Am. Inc.)

Plaintiff Plan Agent filed this adversary proceeding against defendant, an alleged transferee of constructively fraudulent transfers under 11 U.S.C.S. § 548 and Tex. Bus. & Com. Code Ann. § 24.005, seeking recovery of the transfers. The alleged transferee filed a motion to dismiss based on lack of standing under 11 U.S.C.S. § 1123(b)(3).
Ruling: 
Plan agent had standing to pursue fraudulent transfer proceeding on behalf of debtor.
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Commercial case opionion summary, case decided on December 21,2012, LexisNexis #0113-059

Durrschmidt v. Frost Natl Bank (In re R&K Fabricating)

Movant, the chapter 11 trustee, sought reconsideration of an earlier ruling denying his motion for an award of attorneys' fees in connection with an adversary proceeding in which the trustee, invoking the Texas Declaratory Judgment Act (TDJA), Tex. Civ. Prac. & Rem. Code § 37.001 et seq. (2012), had sought and obtained a judgment declaring that a lien asserted by defendant LP, a judgment lien creditor, was invalid.
Ruling: 
Reconsideration of order denying attorneys' fees to trustee for successful avoidance proceeding denied.
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Commercial case opionion summary, case decided on November 26,2012, LexisNexis #1212-089

In re Marble Cliff Crossing Apts.

Creditor, citing Fed. R. Bankr. P. 8005, asked the court to stay proceedings relative to confirmation of a plan of reorganization proposed by debtor, the owner and operator of an apartment complex and a chapter 11 debtor, pending appellate review of movant's challenge to a court order finding cause to grant debtor's request to extend, by 29 days, the exclusive period for confirmation of that plan.
Ruling: 
Stay pending appeal of extension of exclusivity period denied.
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Commercial case opionion summary, case decided on October 29,2012, LexisNexis #1112-104

In re Lucas

Creditors, invoking 28 U.S.C.S. § 1404(a) and 28 U.S.C.S. § 1412, sought to transfer venue in debtor's chapter 11 case from the within district (District 1), which was the situs of debtor's residence and his current business ventures, to a different district (District 2), alleged to be the situs of most of debtor's creditors and of a dispute underlying movants' state court suit against debtor. Debtor opposed transfer on various grounds.
Ruling: 
Venue transferred to district where most of creditors were located.
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Consumer case opionion summary, case decided on October 19,2012, LexisNexis #1112-139

Hargest v. Horizon Auto. Group LLC (In re Hargest)

After chapter 13 debtor filed a complaint against car dealer for turnover, violation of the automatic stay, and damages, she was granted leave to file an amended complaint in order to add the owner of retail installment sales contracts (the creditor). She filed her amended complaint six days late, and the creditor filed motions to dismiss and to strike the amended complaint. The debtor moved for partial summary judgment.
Ruling: 
Creditor violated stay by delaying in turning over repossessed vehicle.
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Consumer case opionion summary, case decided on October 19,2012, LexisNexis #1112-091

Wu v. Rhee (In re Rhee)

Chapter 7 debtors filed an adversary proceeding to liquidate a debt owed by a real estate salesperson who acted as a broker, arising from a commission agreement and to except that debt from discharge under 11 U.S.C.S. § 523(a)(2)(A) or 11 U.S.C.S. § 523(4).
Ruling: 
Debtor broker's debt based on fraud in real estate transaction was nondischargeable.
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Consumer case opionion summary, case decided on October 19,2012, LexisNexis #1112-089

In re Walker

Before the court was the chapter 13 Trustee's motion to dismiss, and debtor's motion to vacate the order confirming his plan.
Ruling: 
Debtor's motion to vacate confirmation to amend plan and provide creditors with preferential payment granted.
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Consumer case opionion summary, case decided on September 24,2012, LexisNexis #1212-096

In re Grayson

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a lender filed a claim against the debtor's bankruptcy estate. The debtor filed an objection to the lender's claim.
Ruling: 
Claim disallowed where debtor did not receive reasonable value for debt incurred.
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Consumer case opionion summary, case decided on September 19,2012, LexisNexis #1212-078

In re Original Designer Homes

An attorney filed an application for compensation. under 11 U.S.C.S. § 330. The chapter 11 debtor objected to the application.
Ruling: 
Fee application of attorney who provided no benefit to the estate denied in full.
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Commercial case opionion summary, case decided on September 04,2012, LexisNexis #1012-072

Collins. v. Sydow (In re NC12 Inc.)

After defendants, individuals alleged to have misappropriated assets of debtor, a Nevada corporation, removed the within case from state court, plaintiffs, who were shareholders in debtor who had sued defendants in state court for breach of fiduciary duty and similar claims, moved to remand to state court. Plaintiffs thus joined intervenors, who also were asserting such claims against defendants, in seeking to return the case to state court.
Ruling: 
Intervenors' security fund claims for misappropriation of debtor's assets remanded to state court.
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Commercial case opionion summary, case decided on August 30,2012, LexisNexis #1212-098

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