Feb
03
2023
GFS Indus., LLC, In re--Avion Funding, LLC v. GFS Indus., LLC
Ruling:
Direct appeal to the circuit court of appeals was warranted on issue of whether nondischarageability proceedings may brought against Subchapter V debtors. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on February 03,2023, LexisNexis #0423-011
Jan
25
2023
Perez, In re
Ruling:
Bankruptcy court was not asked to determine the tax liability of a creditor's agent but ratherthe agent's entitlement to attorney's fees and costs. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on January 25,2023, LexisNexis #0323-082
Dec
22
2022
Arabella Petroleum Co., LLC, In re--Weiss v. Arabella Exploration Inc.
Ruling:
Transfers to corporation for an antecedent debt were not constructively fraudulent, buttransfers to owner for less than equivalent value could be recovered by trustee as actualfraudulent transfers. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on December 22,2022, LexisNexis #0223-089
Dec
13
2022
Chris Pettit & Assocs., P.C., In re
Ruling:
Attorneys' fee applications for two bankruptcy cases were denied and disgorgement wasordered as the disclosures in both cases were incomplete and inadequate. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on December 13,2022, LexisNexis #0223-054
Dec
09
2022
John Patrick Lowe Chapter 7 Tr. v. IRS (Rouquette)
Ruling:
Trustee was entitled to prevail on his claim against the IRS, as a creditor, that the debtors' prepetition payment to the IRS of estimated taxes constituted a fraudulent transfer. (Bankr. W.D.Tex.)
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Consumer case opionion summary, case decided on December 09,2022, LexisNexis #0223-014
Oct
14
2022
Turner, In re
Ruling:
Chapter 7 case was dismissed with prejudice to prevent the debtor from refiling bankruptcyfor one year from the date of the dismissal. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on October 14,2022, LexisNexis #1222-087
Jul
19
2022
Carrasco, In re
Ruling:
Further administration was not possible when the reorganization plan could not be confirmedfollowing the debtor's death. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on July 19,2022, LexisNexis #1022-063
Aug
12
2022
Turner, In re
Ruling:
Chapter 13 bankruptcy case dismissed for cause as the filing appeared intended to frustrate acreditor's attempt to litigate its alleged claim against the debtor. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on August 12,2022, LexisNexis #1022-039
Jul
22
2022
Westech Capital Corp., In re--Milligan v. Greenberg Traurig, LLP
Ruling:
Withdrawal of reference was not necessary at the stage of the proceeding as the bankruptcycourt could handle all pretrial and discovery matters, which could considerably expedite thelitigation for the district court. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on July 22,2022, LexisNexis #0922-048
Jul
22
2022
GDC Technics, LLC, In re
Ruling:
Creditor's claim based on an FCA suit he had filed alleging that the debtor knowingly madefalse representations and certifications as to its financial solvency and ability to performcertain government subcontracts was disallowed. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on July 22,2022, LexisNexis #0922-022
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