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Strange, In re--Lowe v. Strange

Ruling
Court allowed trustee to recover property value for fraudulent transfer to insider. (Bankr. W.D.Tex.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.

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Consumer opinion summary, case decided on July 09, 2024 , LexisNexis #0924-040

Legendary Field Exhibitions, LLC, In re--Dundon v. Osherow

Ruling
Complaint pleaded sufficient facts to allege promissory estoppel if neither a valid norenforceable oral contract existed under state law. (Bankr. W.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Commercial opinion summary, case decided on November 13, 2023 , LexisNexis #0124-038

Sanchez, In re--Doctors Hosp. at Renaissance, Ltd v. Sanchez

Ruling
Debt was nondischargeable where debtor fraudulently concealed assets within one year of filing his bankruptcy petition by depositing money he earned beyond creditor’s reach into a bank account. (Bankr. W.D. Tex.)
Issue(s)
Discharge; Grounds for Denial.

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Commercial opinion summary, case decided on May 31, 2023 , LexisNexis #0723-092

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.)
Issue(s)
Exceptions to Discharge.

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Commercial opinion summary, case decided on February 03, 2023 , LexisNexis #0423-011

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.)
Issue(s)
Determination of Tax Liability.

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Consumer opinion summary, case decided on January 25, 2023 , LexisNexis #0323-082

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.)
Issue(s)
Debtor’s Transactions with Attorneys.

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Commercial opinion summary, case decided on December 13, 2022 , LexisNexis #0223-054

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.)
Issue(s)
Proof of Claim.

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Commercial opinion summary, case decided on July 22, 2022 , LexisNexis #0922-022

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.)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on July 19, 2022 , LexisNexis #1022-063

Silva, In re--Wilson v. Silva

Ruling
Debtor's liability to creditor was dischargeable where court could not find that debtor’s breachof agreement with creditor was willful or malicious. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on May 19, 2022 , LexisNexis #0722-062

Legendary Field Exhibitions, LLC, In re

Ruling
Chapter 7 trustee's request to settle and compromise an adversary proceeding was allowed asthe settlement was in the best interest of creditors. (Bankr. W.D. Tex.)
Issue(s)
Compromise and Arbitration.

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Commercial opinion summary, case decided on October 26, 2021 , LexisNexis #1221-075