Judge Schmidt

In re District at McAllen LP

Ruling: 
Involuntary petition filed by single qualified creditor was properly filed against debtor with less than 12 qualified creditors.
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Commercial case opionion summary, case decided on July 07,2015, LexisNexis #0715-107

In re Troppy

Ruling: 
Case converted to chapter 7 due to debtor's failure to make required filings and overall bad faith.
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Consumer case opionion summary, case decided on March 10,2015, LexisNexis #0515-066

In re Asarco LLC

Ruling: 
Placement of settlement funds in trust was consistent with terms of agreement.
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Commercial case opionion summary, case decided on November 13,2013, LexisNexis #1213-105

In re Gilbert

Ruling: 
Creditor's nondischargeability proceeding was timely as filed within court ordered extension.
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Consumer case opionion summary, case decided on October 11,2013, LexisNexis #1113-069

In re Kaufman

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.
Ruling: 
Dismissal of postpetition state court action brought by debtors did not violate stay.
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Consumer case opionion summary, case decided on June 25,2013, LexisNexis #0713-076

Wilson v. Ramirez (In re Ramirez)

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.
Ruling: 
Creditor's actual damages under state deceptive trade practices act were nondischargeable.
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Consumer case opionion summary, case decided on October 31,2012, LexisNexis #1112-088

In re Asarco LLC

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.
Ruling: 
Debtor's attorneys' fee application granted, including fee enhancement for extraordinary litigation success.
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Commercial case opionion summary, case decided on July 20,2011, LexisNexis #0911-137

In re Asarco LLC

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.
Ruling: 
Reasonable fees allowed to attorneys for future claims representative over objections of debtor.
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Commercial case opionion summary, case decided on July 20,2011, LexisNexis #1211-068

In re Cantu

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.
Ruling: 
Conversion to chapter 7 did not invalidate prior entry of settlement order.
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Consumer case opionion summary, case decided on January 18,2011, LexisNexis #0211-060

In re Amidee Capital Group Inc.

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.
Ruling: 
Sale of substantially all assets outside of ordinary course of debtor's business approved.
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Commercial case opionion summary, case decided on October 04,2010, LexisNexis #0111-114

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