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western district of texas

Crane, In re

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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Consumer opinion summary, case decided on June 29, 2022 , LexisNexis #0822-057

Ozcelebi, In re--Chowdary v. Ozcelebi

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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Consumer opinion summary, case decided on June 28, 2022 , LexisNexis #0822-064

Burg, In re--O'Connor v. Burg

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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Consumer opinion summary, case decided on June 09, 2022 , LexisNexis #0822-008

Michelena, In re--Michelena v. Michelena

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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Consumer opinion summary, case decided on June 02, 2022 , LexisNexis #0722-083

Silva, In re--Wilson v. Silva

Ruling
Debtor's liability to creditor was dischargeable where court could not find that debtor’s breachof agreement with creditor was willful or malicious. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on May 19, 2022 , LexisNexis #0722-062

Villarreal, In re

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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Consumer opinion summary, case decided on April 12, 2022 , LexisNexis #0622-048

Ozcelebi, In re

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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Consumer opinion summary, case decided on April 01, 2022 , LexisNexis #0522-094

Smdonovick Ventures, In re

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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Consumer opinion summary, case decided on March 09, 2022 , LexisNexis #0522-002

Machado, In re

Ruling
Chapter 7 debtor was allowed to reopen his case to allow appointment of trustee to investigatepotential asset. (Bankr. C.D. Cal.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on January 27, 2022 , LexisNexis #0322-054

Davila Gen. Contrs., LLC, In re--Satija v. Haja Foods, LLC

Ruling
Permissive withdrawal from turnover proceeding was not warranted as the non-coreproceeding was related to debtor's bankruptcy case. (Bankr. W.D. Tex.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.

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Commercial opinion summary, case decided on January 06, 2022 , LexisNexis #0222-098