Skip to main content

Page Banner(Taxonomy)

judge gargotta

Saaid, In re--Used Cars, Inc. v. Saaid

Ruling
Debt was nondischargeable where debtors intentionally sold units without original titles andfailed to remit unit sale proceeds to creditor. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Saaid, In re--Used Cars, Inc. v. Saaid Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 06, 2020 , LexisNexis #0220-041

Huizar, In re--King v. Huizar

Ruling
Debt was nondischargeable where debtor's actions were willful and malicious. (Bankr. W.D.Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

ABI Membership is required to access the full summary of Huizar, In re--King v. Huizar Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 02, 2019 , LexisNexis #1119-089

Baribeau, In re

Ruling
Motion for reconsideration of order converting case to Chapter 7 was denied as debtor did notprovide any additional evidence demonstrating why conversion was not in the best interest ofcreditors. (Bankr. W.D. Tex.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

ABI Membership is required to access the full summary of Baribeau, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 20, 2019 , LexisNexis #1019-067

Jireh Produce Sales, In re

Ruling
Trustee could not recover from alleged fraudulent transferee who did not receive any interestin the property sold by debtor. (Bankr. W.D. Tex.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred

ABI Membership is required to access the full summary of Jireh Produce Sales, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 02, 2019 , LexisNexis #1019-016

Jones, In re--Jenkins v. Jones

Ruling
FINRA arbitration award was nondischargeable as based in part upon state securitiesviolations. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities

ABI Membership is required to access the full summary of Jones, In re--Jenkins v. Jones Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 24, 2019 , LexisNexis #0619-091

Cyr, In re--Rodriguez v. Cyr

Ruling
Motion to dismiss was denied as trustee's cause of action under § 548(e)(1) is not subject to adetermination of whether transferred trust assets transferred are self-settled. (Bankr. W.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Transfers Made Within 10 Years Before Filing

ABI Membership is required to access the full summary of Cyr, In re--Rodriguez v. Cyr Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 01, 2019 , LexisNexis #0619-041

First River Energy, LLC, In re

Ruling
Financial advisor's first and final application for allowance of compensation was granted in part where court found that the tasks performed were consistent with the scope of work authorized under the retention order. (Bankr. W.D. Tex.)
Issue(s)
Compensation of Officers; Determination of Amount; Awards to Trustees, Examiners or Professional Persons.

ABI Membership is required to access the full summary of First River Energy, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 13, 2018 , LexisNexis #1018-095

First River Energy, LLC, In re

Ruling
Debtor's counsel's first interim fee application was denied in part as fees associated with the filing were not reasonable and necessary because those services only benefited debtor's board and its officers. (Bankr. W.D. Tex.)
Issue(s)
Compensation of Officers; Determination of Amount.

ABI Membership is required to access the full summary of First River Energy, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 13, 2018 , LexisNexis #1018-094

Sanchez, In re--Sanchez v. Wells Fargo, N.A.

Ruling
Motion to extend time to file notice of appeal was denied as the busy schedule of a party'scounsel did not constitute excusable neglect. (Bankr. W.D. Tex.)
Issue(s)
Time for Filing Notice of Appeal.

ABI Membership is required to access the full summary of Sanchez, In re--Sanchez v. Wells Fargo, N.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 24, 2018 , LexisNexis #0918-029

Palmaz Sci., Inc., Segner v. Admiral Ins. Co.

Ruling
It was not unreasonable to interpret the assignment of litigation trust assets, not as a contractual assignment, but rather as a vesting of assets from one entity to another entity. (Bankr. W.D. Tex.)
Issue(s)
Effect of Confirmation; Vesting of Property in Estate of Debtor.

ABI Membership is required to access the full summary of Palmaz Sci., Inc., Segner v. Admiral Ins. Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 04, 2018 , LexisNexis #0718-058