Crane, In re
Jun
29
2022
Ruling
A surcharge on a credit bid was not prohibited by 11 U.S.C. 506(c) or controlling case law asthe amount each secured creditor would be permitted to credit bid had not been clearlyestablished. (Bankr. S.D. Tex.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.
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Court
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Ozcelebi, In re--Chowdary v. Ozcelebi
Jun
28
2022
Ruling
Creditors failed to state a claim for nondischargeability as they did not properly allege thatdefendant's debt was obtained by, or fairly traceable to, the alleged fraudulent transferscheme. (Bankr. S.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Burg, In re--O'Connor v. Burg
Jun
09
2022
Ruling
Debt to executor of deceased attorney's estate was nondischargeable as debtor made aknowing and fraudulent falsehood. (Bankr. S.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
Michelena, In re--Michelena v. Michelena
Jun
02
2022
Ruling
Debtor's former spouse was not entitled to a nondischargeable judgment as she failed todemonstrate the requisite existence of an express or technical trust relationship between herand her ex-husband. (Bankr. S.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.
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Court
:
- 11 U.S.C.
Villarreal, In re
Apr
12
2022
Ruling
Debtors' motion for plan modification denied where debtors were bound by the plan to makeall payments and, without modification, payments made by a third party did not change thatdebtors were liable for such payments under the plan. (Bankr. S.D. Tex.)
Issue(s)
Modification of Plan After Confirmation.
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Ozcelebi, In re
Apr
01
2022
Ruling
Motion to convert or dismiss granted due to debtor's gross mismanagement of the estate.(Bankr. S.D. Tex.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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Smdonovick Ventures, In re
Mar
09
2022
Ruling
Chapter 7 trustee's motion to dismiss debtor's case for failure to appear at the meeting ofcreditors was continued to permit the debtor to obtain new counsel. (Bankr. S.D. Tex.)
Issue(s)
Debtor’s Transactions with Attorneys; Excessive Compensation.
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Court
:
- 11 U.S.C.
Ford Steel, LLC, In re
Jul
20
2021
Ruling
Motion to convert Chapter 11 case to a Chapter 7 was denied because the debtor businesswas turning around following the unusual circumstance of the COVID-19 pandemic. (Bankr.S.D. Tex.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes
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Bressler, In re
Jan
13
2021
Ruling
Court determined that it would count only those votes accepting or rejecting the Chapter 11plan cast by claim holders to determine if numerosity requirements had been met. (Bankr.S.D. Tex.)
Issue(s)
Acceptance of Plan; By Class of Claims.
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Court
:
- 11 U.S.C.
Two Wheels Props., LLC, In re
Dec
30
2020
Ruling
A corporation was not eligible to be a debtor under Chapter 11, subchapter V, because it wasalready liquidated. (Bankr. S.D. Tex.)
Issue(s)
Who May Be a Debtor.
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Court
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