In re District at McAllen LP
Jul
07
2015
Ruling
Involuntary petition filed by single qualified creditor was properly filed against debtor with less than 12 qualified creditors.
Issue(s)
Could an order for relief be entered with regard to an involuntary petition filed by a single creditor?
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Court
:
In re Troppy
Mar
10
2015
Ruling
Case converted to chapter 7 due to debtor's failure to make required filings and overall bad faith.
Issue(s)
Should chapter 13 case be converted to chapter 7 where debtor filed schedules and a statement of financial affairs that did not list all his assets, debts, and transfers he made, he had not filed a confirmable plan, and he filed and prosecuted his case in bad faith?
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Court
:
- FRBP
In re Asarco LLC
Nov
13
2013
Ruling
Placement of settlement funds in trust was consistent with terms of agreement.
Issue(s)
Was agreement to place settlement funds from environmental liability case in trust consistent with terms of agreement?
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Court
:
- FRBP
In re Gilbert
Oct
11
2013
Ruling
Creditor's nondischargeability proceeding was timely as filed within court ordered extension.
Issue(s)
Was nondischargeability proceeding timely when filed within third extension of bar date, which trustee subsequently sought to withdraw.
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Court
:
- 11 U.S.C.
In re Kaufman
Jun
25
2013
Ruling
Dismissal of postpetition state court action brought by debtors did not violate stay.
Procedural posture
Chapter 7 debtors filed an adversary proceeding against a regional transportation authority and one of its employees, seeking to set aside a judgment of dismissal of a state court suit arising from a motor vehicle accident. Defendants moved to dismiss.
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Court
:
- 11 U.S.C.
Wilson v. Ramirez (In re Ramirez)
Oct
31
2012
Ruling
Creditor's actual damages under state deceptive trade practices act were nondischargeable.
Procedural posture
Buyer filed a state court action against debtors, alleging that the debtors knowingly and intentionally made materially false representations regarding the condition of certain property to induce the buyer to purchase the property. The buyer sought a determination in the bankruptcy court that his claim was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A) and filed a partial summary judgment motion.
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Court
:
- 11 U.S.C.
In re Asarco LLC
Jul
20
2011
Ruling
Debtor's attorneys' fee application granted, including fee enhancement for extraordinary litigation success.
Procedural posture
A law firm which represented bankruptcy debtors which were subsidiaries of a parent company, and which subsequently acted as co-counsel in the parent's bankruptcy case, submitted a final application requesting compensation for services rendered to the debtors, plus a fee enhancement, pursuant to 11 U.S.C.S. § 330.
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Court
:
- 11 U.S.C.
In re Asarco LLC
Jul
20
2011
Ruling
Reasonable fees allowed to attorneys for future claims representative over objections of debtor.
Procedural posture
A law firm submitted a final application for an order granting full and final allowance of payment for compensation of fees and expenses as attorneys for a future claims representative (FCR) in connection with the chapter 11 debtors. The FCR submitted a final application for an order granting final approval and allowance of fees and expenses. The law firm and the FCR submitted a joint application for an award of an enhancement of their fees.
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Court
:
In re Cantu
Jan
18
2011
Ruling
Conversion to chapter 7 did not invalidate prior entry of settlement order.
Procedural posture
Before the court for consideration was a Motion to Clarify Order Approving Compromise and Settlement Agreement filed by debtors, and the Chapter 7 Trustee's Motion for Turnover. A bank (creditor) objected to both motions.
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Court
:
In re Amidee Capital Group Inc.
Oct
04
2010
Ruling
Sale of substantially all assets outside of ordinary course of debtor's business approved.
Procedural posture
The debtors filed a motion for an order, inter alia, authorizing the sale of substantially all of their assets, free and clear of liens, claims, interests, and encumbrances, subject to higher or better offers, and approving the assumption and assignment of certain executory contract and unexpired leases in connection with such sale and determining and adjudicating cure amounts with respect to such contracts and leases.
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Court
: