Cole, In re
Jan
23
2025
Ruling
State wage garnishment cap statute was not a true exemption shielding property from creditors. (Bankr. N.D. Miss.)
Issue(s)
Confirmation of Plan; Objections.
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:
With Purpose, Inc., In re
Jan
22
2025
Ruling
Court found cause to reconvert case from Chapter 11 back to Chapter 7 due to debtor's lack of funding, administrative insolvency, conflicts of interest, and inability to effectuate a plan. (Bankr. N.D. Tex.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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Seawalk Invs., LLC, In re
Jan
16
2025
Ruling
Debtor’s attorney’s fees disallowed to the extent not reasonably necessary to enforce debtor’s obligations under loan. (Bankr. M.D. Fla.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
:
- 28 U.S.C.
Highland Capital Mgmt. L.P., In re--Highland Capital Mgmt. L.P. v. Alvarez & Marsal CRF Mgmt., LLC
Jan
13
2025
Ruling
Court found post-confirmation "related to" jurisdiction as the claims principally deal with pre-confirmation relations between the parties regarding a settlement that was incorporated into Highland's confirmed plan. (Bankr. N.D. Tex.)
Issue(s)
Bankruptcy Cases and Proceedings.
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Court
:
- 11 U.S.C.
Rashidi, In re
Jan
10
2025
Ruling
Relief from stay granted to secured creditor in Chapter 13 case where debtor failed to timely affirm or redeem automobile in prior Chapter 7 case. (Bankr. N.D. Tex.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
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Court
:
- 11 U.S.C.
Goodman Networks, Inc., In re--Seidel v. MSouth Equity Partners III, L.P.
Jan
08
2025
Ruling
Complaint did not establish the good faith subsequent transferee defense as it suggested the defendants had knowledge of the transfer's voidability. (Bankr. N.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations.
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Court
:
- 11 U.S.C.
FCA Constr. LLC, In re--FCA Constr. LLC v. Southstar Fin., LLC
Jan
06
2025
Ruling
Genuine issues of material fact prevented judgment relating to reserve escrow account under the Factoring Agreement and avoidability of alleged transfers from the escrow account. (Bankr. E.D. La.)
Issue(s)
Fraudulent Transfers and Obligations.
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Court
:
- 11 U.S.C.
Hilltop SPV, LLC, In re
Jan
06
2025
Ruling
Gas gathering agreement was an executory contract that could be rejected although any covenants running with the land would remain enforceable. (Bankr. W.D. Tex.)
Issue(s)
Executory Contracts and Unexpired Leases.
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Court
:
- 11 U.S.C.
Serta Simmons Bedding, L.L.C., In re--Excluded Lenders v. Serta Simmons Bedding, L.L.C.
Dec
31
2024
Ruling
Court rejected plan due to indemnity offered to “superpriority” holders, whose claims had been individually negotiated, resulting in unequal treatment of claims within the class. (5th Cir.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor; Settlement or Adjustment.
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Court
:
- 11 U.S.C.
Clem, In re-- Clem v. Tomlinson
Dec
23
2024
Ruling
Bankruptcy court erred in failing to apply collateral estoppel to arbitrator’s findings that debtor’s alleged fraud and misrepresentation were not established. (5th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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: