Judge Rodriguez

Ivison, In re--Ivison v. IRS

Ruling: 
Judgment was consistent with the court's memorandum opinion was entered as debtor'saggregate trust fund recovery penalty liability for the tax quarters was not dischargeable.(Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on March 31,2011, LexisNexis #0620-059

Hl Builders, In re

Ruling: 
Petitioning creditors lacked standing to bring an involuntary petition against target debtorwhere one claim was contingent and others subject to bona fide disputes. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on February 18,2020, LexisNexis #0320-077

Garza, In re

Ruling: 
Any attempt by creditor to deflect blame onto debtor for failing to mitigate damages wascompletely overshadowed by creditor's willful violation of the automatic stay. (Bankr. S.D.Tex.)
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Consumer case opionion summary, case decided on February 12,2020, LexisNexis #0320-057

Phan, In re--Hong Kong Dev. Corp. v. Phan

Ruling: 
Debtor was granted a general discharge where creditor failed to show that debtor hadtransferred property with the intent to hinder, delay, or defraud creditors. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on October 10,2019, LexisNexis #1219-045

Garza, In re--Garza v. CMM Enters., LLC

Ruling: 
Court limited the award of attorney's fees for willful stay violations as debtor's counsel didnot make any effort to resolve the matter before filing the adversary proceeding. (Bankr. S.D.Tex.)
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Consumer case opionion summary, case decided on July 25,2019, LexisNexis #0919-054

Fedoruk, In re

Ruling: 
Motion to dismiss debtors' Chapter 7 bankruptcy case was denied as debtors qualified asChapter 7 business debtors and creditor failed to demonstrate that debtors acted in bad faith.(Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on July 23,2019, LexisNexis #0919-067

Trevino v. Select Portfolio Servicing, Inc.

Ruling: 
Court was not persuaded that compelling arbitration was inadequate to protect the substantive rights granted by the bankruptcy code. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on March 07,2019, LexisNexis #0419-085

Montalvo, In re

Ruling: 
Debtor's objection to claim based on prepetition execution sale of properties in order to satisfy a state-court judgment overrruled. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on January 11,2019, LexisNexis #0219-030

Flores, In re--United Leasing, Inc. v. Flores

Ruling: 
Court excepted debt from discharge as the debtor's personal financial statement containedsubstantial inaccuracies that creditor relied when it made a credit decision. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on August 06,2018, LexisNexis #1018-073

Amaya, In re

Ruling: 
Plan confirmed as it satisfied the equal monthly payment requirement and secured creditorsretained their lien. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on April 11,2018, LexisNexis #0518-086

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