- 11 U.S.C.
Gares, In re
Dec
19
2024
Ruling
Co-signer on car loan filing a bankruptcy petition in debtor’s name without her consent constituted bad faith conduct intended to defraud and delay creditors. (Bankr. E.D. La.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.
ABI Membership is required to access the full summary of Gares, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Lyster, In re
Dec
12
2024
Ruling
Debtor allowed homestead exemption including former spouses’ 50% community property interest acquired through divorce proceedings within 1,215 days prior to bankruptcy. (Bankr. N.D. Tex.)
Issue(s)
Exemptions; Limitation on Homestead Exemption; Applicability.
ABI Membership is required to access the full summary of Lyster, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Brown, In re--Veritas Vincit, LLC v. Brown
Dec
09
2024
Ruling
Debt was nondischargeable where jury's finding of liability for malicious criminal prosecution and civil conspiracy met both the subjective and objective tests for willful and malicious injury. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
ABI Membership is required to access the full summary of Brown, In re--Veritas Vincit, LLC v. Brown Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cinch Wireline Servs., In re--Lowe v. Shumate
Dec
09
2024
Ruling
Party that misappropriated debtor's assets and operations was ordered to turn financial control over to trustee and sanctioned. (Bankr. W.D. Tex.)
Issue(s)
Power of Court.
ABI Membership is required to access the full summary of Cinch Wireline Servs., In re--Lowe v. Shumate Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cannon, In re
Nov
22
2024
Ruling
Proposed modification to separately classify and exclude student loan claims from receiving settlement proceeds would violate requirement that all claims within the same class receive equal treatment. (Bankr. N.D. Miss.)
Issue(s)
Modification of Plan After Confirmation.
ABI Membership is required to access the full summary of Cannon, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Johns, In re
Nov
22
2024
Ruling
Court reviewed the trustee's decision to enter into agreement under the "sound business judgment" standard applicable to a trustee's use, sale, or lease of estate property outside the ordinary course of business. (Bankr. N.D. Tex.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing.
ABI Membership is required to access the full summary of Johns, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
GCPS Holdings, LLC, In re
Nov
20
2024
Ruling
Debtor's actions constituted commercial or business activities, and therefore debtor was qualified to proceed under Subchapter V. (Bankr. S.D. Tex.)
Issue(s)
Definitions; Debtor; Persons Included
ABI Membership is required to access the full summary of GCPS Holdings, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Villarreal, In re
Nov
08
2024
Ruling
Chapter 7 debtor was denied a discharge as explanations of having "lived lavishly" did not overcome burden to provide a satisfactory explanation for absence of proceeds of pre-bankruptcy home sale. (Bankr. N.D. Tex.)
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.
ABI Membership is required to access the full summary of Villarreal, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Fieldwood Energy LLC, In re--Zurich Am. Ins. Co. v. Apache Corp.
Nov
07
2024
Ruling
Lodestar calculation was appropriate for attorneys’ fees awarded as sanction for plan violation, along with pre- and post-judgment interest on the fees. (Bankr. S.D. Tex.)
Issue(s)
Power of Court.
ABI Membership is required to access the full summary of Fieldwood Energy LLC, In re--Zurich Am. Ins. Co. v. Apache Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Ebury St. Cap., LLC, In re--Emigrant Bus. Credit Corp. v. Hanratty
Nov
01
2024
Ruling
Mandatory abstention was required as the removed state court action was a non-core proceeding, not arising under Title 11 or arising in a bankruptcy case, as the claims were based on state law and existed independently before the bankruptcy filing. (Bankr. S.D.N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
ABI Membership is required to access the full summary of Ebury St. Cap., LLC, In re--Emigrant Bus. Credit Corp. v. Hanratty Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: