Ivery, In re
Mar
05
2025
Ruling
Trustee's attempt to modify Chapter 13 plan to distribute fire insurance proceeds denied due to debtor's completion of plan payments before the fire occurred. (Bankr. N.D. Miss.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.
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Court
:
- 11 U.S.C.
Williams, In re
Mar
05
2025
Ruling
Debt was nondischargeable as the state court's factual findings that debtor breached her fiduciary duties as a manager and member of the LLC by misappropriating funds had preclusive effect. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Court
:
- 11 U.S.C.
Remarkable Healthcare LLC & Remarkable Healthcare of Seguin, LP, In re
Mar
04
2025
Ruling
Chapter 11 plan confirmation denied due to debtor’s lack of good faith in proposing the plan and lack of feasibility. (Bankr. E.D. Tex.)
Issue(s)
Confirmation of Plan.
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Court
:
MMA L. Firm, PLLC, In re--MMA L. Firm, PLLC v. Hair & Shunnarah Trial Attys., LLC
Mar
03
2025
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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Court
:
- FRBP
Barrow Shaver Res. Co., In re--Plains Mktg., L.P. v. Barrow Shaver Res. Co.
Mar
03
2025
Ruling
Court denied stay pending appeal as it would substantially harm the debtor by preventing use of the withheld funds for operations to increase asset value during the sale process. (Bankr. S.D. Tex.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings; Initial Motion in the Bankruptcy Court; In General; Judgment Order or Decree of the Bankruptcy Court.
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Court
:
Wilhelms, In re--EBE, Inc. v. Wilhelms
Mar
03
2025
Ruling
Collateral estoppel could not be applied to establish nondischargeability as state court judgment was ambiguous as to specific facts and violations. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Texaco, Inc., In re
Feb
21
2025
Ruling
Claims under state coastal resources management law fell clearly within provision of plan which protected claims of governmental units arising under environmental laws from discharge. (Bankr. S.D.N.Y.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
:
- 11 U.S.C.
Mahadevan, In re--Bikkina v. Mahadevan
Feb
21
2025
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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Court
:
- 11 U.S.C.
Togut v. Perevoski (In re Kossoff PLLC)
Feb
14
2025
Ruling
Court had jurisdiction to determine tax liability as there was no prior adjudication of the tax liabilities by a judicial or administrative tribunal. (Bankr. S.D.N.Y.)
Issue(s)
Determination of Tax Liability; The Role Of The Court; Exceptions to Bankruptcy Court Determination; Amount Adjudicated Prepetition.
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Court
:
Allen, In re--Ketelhut v. Allen
Jan
27
2025
Ruling
Creditor failed to allege sufficient grounds for nondischargeability of debts. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
: