Judge Paul

In re City of Angel LLC

A creditor filed a motion to lift the automatic stay based on cause pursuant to 11 U.S.C.S. § 362(d). Debtor opposed the motion.
Ruling: 
Relief from stay granted due to debtor's failure to adequately protect creditor.
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Commercial case opionion summary, case decided on December 21,2012, LexisNexis #0113-041

In re Jackson

A chapter 13 debtor filed a motion for exemption from credit counseling due to exigent circumstances pursuant to 11 U.S.C.S. § 109(h)(3)(A).
Ruling: 
Exemption from prepetition credit counseling requirement granted where debtor made credible good faith effort to complete counseling prior to filing petition.
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Consumer case opionion summary, case decided on December 11,2012, LexisNexis #0413-036

In re MCC Humble Auto Paint Inc.

A creditor filed a motion to determine the applicability of the automatic stay, contending that no stay went into effect under 11 U.S.C.S. § 362(n).
Ruling: 
No stay was in effect in debtor's second small business case not filed under circumstances beyond debtor's control or that were unforeseeable.
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Commercial case opionion summary, case decided on November 09,2012, LexisNexis #1212-006

In re Turnkey E&P Corp.

Pursuant to 11 U.S.C.S. § 330, former attorneys for the debtor-in-possession filed an application for allowance of attorneys' fees in the amount of $718,544 and reimbursement of expenses in the amount of $37,730. The court held a hearing on the application.
Ruling: 
Debtor-in-possession's attorneys allowed fees in excess of interim compensation only to the extent benefit was provided to the estate.
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Commercial case opionion summary, case decided on October 01,2012, LexisNexis #1012-108

In re Drennan

Applicant, a real estate firm, sought an award of its real estate commission, 6 percent of the sales price, which was $69,000, as an administrative expense, and requested that the court direct the Trustee to complete the sale of the real property. The Trustee objected to paying the firm its commission since none of the properties had been sold. The Application was filed pursuant to 11 U.S.C.S. §§ 330, 503.
Ruling: 
Real estate firm not entitled to administrative expense claim for commission that had not yet been earned under state law.
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Consumer case opionion summary, case decided on September 13,2012, LexisNexis #1012-006

In re Colquitt

The court held an evidentiary hearing on the chapter 7 trustee's objection to exemption of undisclosed insurance claim. Debtors sought leave to amend their schedules to exempt the insurance proceeds, citing excusable neglect under Fed. R. Bankr. P. 9006.
Ruling: 
Debtors permitted to amend schedules and statement of financial affairs to reflect exemption of insurance claim for damage to their homestead in Hurricane Ike.
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Consumer case opionion summary, case decided on August 08,2012, LexisNexis #0812-139

In re Morris

The court held an evidentiary hearing on the Motion For Relief From Automatic Stay To Permit Eviction To Continue Regarding Real Property And Request For In Rem Relief filed by movant creditor.
Ruling: 
Relief from stay denied where creditor failed to establish lack of equity in debtor's property.
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Consumer case opionion summary, case decided on August 08,2012, LexisNexis #0812-108

In re Aninao

A chapter 7 trustee filed a motion to compel and for sanctions, alleging that a debtor's failure to cooperate as required by 11 U.S.C.S. § 521(a)(3) caused unnecessary delay and expense to the estate.
Ruling: 
Sanctions against debtor for noncooperation denied where problem was caused by ineffective communication between attorneys for trustee and debtor.
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Consumer case opionion summary, case decided on July 27,2012, LexisNexis #0812-114

In re Manda Ann Convalescent Home Inc.

The United States filed a motion for dismissal of a chapter 11 debtor's case pursuant to 11 U.S.C.S. § 1112(b)(1). The Texas Workforce Commissioner joined in the motion. The motion was opposed by the debtor and by a creditor. The creditor asserted that the court should appoint a Chapter 11 trustee rather than dismiss the case.
Ruling: 
Case dismissed due to debtor's failure to pay postpetition taxes where appointment of trustee was not in best interests of the estate.
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Commercial case opionion summary, case decided on July 20,2012, LexisNexis #0812-090

Bardwil v. Havelka (In re Havelka)

Creditor brought an adversary proceeding against bankruptcy debtor seeking a determination that a debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtor's misrepresentations in inducing the creditor to enter a real estate transaction.
Ruling: 
Debt was dischargeable absent knowingly false representations or intent to deceive.
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Consumer case opionion summary, case decided on July 20,2012, LexisNexis #0812-081

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