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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

MMA L. Firm, PLLC, In re--MMA L. Firm, PLLC v. Hair & Shunnarah Trial Attys., LLC

Ruling
Defendant law firm was entitled to a jury trial on the debtor firm’s claims for declaratory judgment and turnover of contingency fees and costs. (Bankr. S.D. Tex.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.

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Commercial opinion summary, case decided on March 03, 2025 , LexisNexis #0525-098

Mahadevan, In re--Bikkina v. Mahadevan

Ruling
Defamation judgment against debtor was nondischargeable. (Bankr. S.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on February 21, 2025 , LexisNexis #0425-087

Turkey Leg Hut & Co. LLC, In re

Ruling
Subchapter V case ordered converted to Chapter 7 due to inadequate insurance , failure to timely file accurate financial statements, and failure to follow court orders. (Bankr. S.D. Tex.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes “Cause”.

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Commercial opinion summary, case decided on September 27, 2024 , LexisNexis #1224-046

Nelkin & Nelkin P.C., In re

Ruling
Individual lacked standing to object to a proposed Subchapter V plan as a stay of a replevin action in which she had potential claims against debtor’s principals would not affect her potential recovery or liability. (Bankr. S.D. Tex.)
Issue(s)
Confirmation of Plan; Rule of Construction; Requirements as of Effective Date of Plan; Ability to Make Payments

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Commercial opinion summary, case decided on September 20, 2024 , LexisNexis #1224-017

Clewis, In re-- Byman v. Dan Invs., LLC

Ruling
Property that was the subject of a post-petition transfer was property of the estate and could be recovered by trustee. (Bankr. S.D. Tex.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable Interests.

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Consumer opinion summary, case decided on August 29, 2024 , LexisNexis #1124-035

Brendan Gowing, Inc., In re

Ruling
Automatic stay never came into effect in subchapter V case as debtors' first bankruptcy wasdismissed within the two-year period preceding the filing of the instant case. (Bankr. S.D. Tex.)
Issue(s)
Automatic Stay; Small Business Debtors; Exceptions; Dismissal of Small Business

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Commercial opinion summary, case decided on July 26, 2024 , LexisNexis #0924-082

MMA Law Firm, PLLC, In re

Ruling
Approval of debtor's proposed counsel who sought a flat fee of $60,000 plus 40% of any valueobtained for the estate for the benefit of unsecured creditors granted as in the best interests ofthe estate. (Bankr. S.D. Tex.)
Issue(s)
Limitation on Compensation of Professional Persons; Professionals Employed by Trustee

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Commercial opinion summary, case decided on July 18, 2024 , LexisNexis #0924-055

Doyen, In re

Ruling
Court denied IRS's motion to dismiss Chapter 13 case with prejudice as debtor's pre-petitiontax non-compliance was insufficient to establish bad faith or absence of reasonable likelihoodof rehabilitation. (Bankr. S.D. Tex.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on June 25, 2024 , LexisNexis #0924-020