Feb
18
2020
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
Feb
12
2020
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
Oct
10
2019
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
Jul
25
2019
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
Jul
23
2019
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
Mar
07
2019
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
Jan
11
2019
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
Aug
06
2018
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
Apr
11
2018
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
Dec
01
2017
Wright, In re--Wright v. Csabi
Ruling:
Court found that two attorneys representing the chapter 13 debtor violated the law by notseeking the Court's approval for their employment despite its requirement. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on December 01,2017, LexisNexis #0118-003
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