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western district of texas

Johnson, In re--McGarvey v. Johnson

Ruling
Court granted costs to amicus attorney as the prevailing party in nondischargeability proceeding related to conservatorship case. (Bankr. W.D. Tex.)
Issue(s)
Judgments; Costs.

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Consumer opinion summary, case decided on August 22, 2025 , LexisNexis #1025-095

MMA L. Firm, PLLC, In re--MMA L. Firm, PLLC v. Morris Bart, LLC

Ruling
District court order determining what was property of the estate was not binding on the bankruptcy court, which has exclusive jurisdiction over property of the estate. (Bankr. S.D. Tex.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Commercial opinion summary, case decided on August 12, 2025 , LexisNexis #1025-093

Goforth, In re

Ruling
Debtor denied redemption at reduced value as court upheld original petition-date valuation of vehicle despite post-petition repairs. (Bankr. W.D. Tex.)
Issue(s)
Redemption.

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Consumer opinion summary, case decided on August 04, 2025 , LexisNexis #1025-041

Pearl Res. LLC, In re-- Buckingham v. Pearl Res. LLC

Ruling
Issue of the application of sovereign immunity to debtor’s recovery from state general land office, combined with the significant financial impact on state taxpayers justified a direct appeal to circuit court of appeals. (Bankr. S.D. Tex.)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals; Certification.

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Commercial opinion summary, case decided on July 22, 2025 , LexisNexis #0925-096

Higgins, In re

Ruling
Court awarded sanctions and reduce fees for discovery misconduct after counsel misrepresented authority and submitted vague, excessive billing entries. (Bankr. S.D. Tex.)
Issue(s)
Examination.

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Consumer opinion summary, case decided on July 09, 2025 , LexisNexis #0925-046

Pearl Res. LLC, In re

Ruling
Court modified judgment against debtor in part with regard to findings on waiver of sovereign immunity and contractual right to attorney’s fees. (Bankr. S.D. Tex.)
Issue(s)
New Trials; Amendment of Judgments.

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Commercial opinion summary, case decided on June 27, 2025 , LexisNexis #0925-025

Schlomer, In re--Fanale v. Schlomer

Ruling
Amended complaint in nondischargeability proceeding related back to the original complaint as the new claim arose out of the same conduct, transaction, or occurrence. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Automatic Discharge of Certain Debts Absent Creditor Objection.

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Consumer opinion summary, case decided on June 27, 2025 , LexisNexis #0825-087

Bortz, In re--Lavender v. Bortz

Ruling
Debt was excepted from discharge as debtor obtained funds through false representations and actual fraud in failed construction project. (Bankr. S.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on May 16, 2025 , LexisNexis #0725-062

MMA L. Firm, PLLC, In re--MMA L. Firm, PLLC v. Chehardy, Sherman, Williams, Recile & Hayes, L.L.P.

Ruling
Court held debtor’s claims over contingency fees required jury trial, mandating withdrawal of the reference. (Bankr. S.D. Tex.)
Issue(s)
Procedures.

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Commercial opinion summary, case decided on May 08, 2025 , LexisNexis #0825-070

Hernandez, In re--Hernandez v. GMH of El Paso, LLC

Ruling
Court found no actual damages for alleged automatic stay violation by pawn shop, citing lack of evidence of harm and jewelry's availability for redemption. (Bankr. W.D. Tex.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 29, 2025 , LexisNexis #0725-032