Southern District

Jimenez, In re--Jimenez v. Navient Sols., LLC

Ruling: 
Court denied LLC's motion to dismiss debtor's complaint as the LLC violated the discharge injunction in attempting to collect student loan debt that was already discharged. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on November 20,2017, LexisNexis #1217-104

Garza,In re--Wilmington Savings Fund Soc'y v. Garza

Ruling: 
Summary judgment granted for the deed of trust holder as subsequent communications with the debtor indicated that they abandoned the right to the fully accelerated amount by demanding only the default amounts. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on November 09,2017, LexisNexis #1217-059

Hurtado, In re

Ruling: 
Debtors motion to convert to a chapter 13 case from a chapter 7 case was granted as they acted in good faith in filing for bankruptcy. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on November 06,2017, LexisNexis #1217-053

IFS Fin. Corp., In re--Martinec v. Smith

Ruling: 
Court ruled that "removal of a trustee" and "discharge of a trustee" were not equivalent under 11 U.S.C. § 322(d). (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on November 09,2017, LexisNexis #1217-032

Thierry, In re

Ruling: 
Purchaser of debtor's property at a non-judicial foreclosure sale violated automatic stay afterfiling the deed and then suing the debtor to recover the property. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on October 10,2017, LexisNexis #1117-065

Ala., In re

Ruling: 
Debts arising from attorneys' fees awarded in two referenced attorney disciplinary judgmentsdeclared nondischargeable as they each constituted a fine, penalty, or forfeiture. (Bankr. S.D.Tex.)
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Consumer case opionion summary, case decided on October 10,2017, LexisNexis #1117-075

Lopez v. Portfolio Recovery Assocs., LLC (In re Lopez)

Ruling: 
Applicant could not recover incurred expenses from litigating in defense of its feeapplication. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on September 28,2017, LexisNexis #1117-005

Ultra Petroleum Corp., In re

Ruling: 
Debtors' liability on the Make-Whole claims was not discharged as the plan provided that the Noteholders' claims were not impaired and shall be paid whatever amount necessary to make them unimpaired. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on September 21,2017, LexisNexis #1017-114

Hassell 2012 Joint Venture, In re

Ruling: 
Case dismissed in its entirety pursuant to the district court's remand order as the debts that were subject to litigation on the petition date were the subjects of bona fide disputes. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on September 21,2017, LexisNexis #1017-093

Windmill Run Assocs., In re--Windmill Run Assocs. v. Fannie Mae

Ruling: 
Court denied the motions for attorney’s fees filed by debtor and the mortgage servicer as they were not entitled to recover attorney's fees. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on August 11,2017, LexisNexis #1017-038

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