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5th circuit

Dadson, In re

Ruling
The court looked beyond the face of state court judgment to determine which parts of damages were non-capped damages not resulting from lease termination. (Bankr. S.D. Tex.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.

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Consumer opinion summary, case decided on October 28, 2024 , LexisNexis #0225-008

Adamson, In re--Greenup v. Adamson

Ruling
Debt was dischargeable where plaintiffs failed to establish that debtor knowingly made false statements and intended to defraud them. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on October 25, 2024 , LexisNexis #0125-010

McKenzie, In re

Ruling
Debtors' lack of good faith warranted conversion to Chapter 7. (Bankr. E.D.N.C.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on October 24, 2024 , LexisNexis #0125-020

Roland, In re

Ruling
Discharge denied as debtor failed to produce documents or disclose interests in property and filed inaccurate statements. (Bankr. N.D. Tex.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on October 24, 2024 , LexisNexis #0125-017

Jrjr33, Inc., In re--Yaquinto v. CNA Ins. Cos.

Ruling
Insurance policy was not an executory contract that could be assumed and assigned given that no material obligations remained. (Bankr. N.D. Tex.)
Issue(s)
Executory Contracts and Unexpired Leases; Assignment.

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Commercial opinion summary, case decided on October 24, 2024 , LexisNexis #0125-007

Hollowell, In re--Hollowell v. Dep't of Educ.

Ruling
Debtor was not entitled to an undue hardship discharge of student loan debt due to failure to show current inability to repay would persist for a significant period. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Commercial opinion summary, case decided on October 23, 2024 , LexisNexis #0125-014

Novak, In re

Ruling
Debt from personal guaranty of company's factoring agreement obligations found dischargeable due to lack of debtor's involvement in negotiation or execution and absence of evidence showing wrongful intent. (Bankr. E.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on October 21, 2024 , LexisNexis #0125-011

RKO Servs., LLC, In re

Ruling
Finding of lack of disinterestedness of debtor’s proposed counsel mandated disqualification and could not be cured. (Bankr. S.D. Tex.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.

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Commercial opinion summary, case decided on October 08, 2024 , LexisNexis #0125-003

Greenup Indus. LLC, In re

Ruling
Project manager's claim for wages, salaries, and commissions did not accrue within 180 days of the debtor's bankruptcy filing and was not a priority unsecured claim. (Bankr. E.D. La.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

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Commercial opinion summary, case decided on October 08, 2024 , LexisNexis #1224-058

RQMJXL LLC, In re

Ruling
Reconsideration of the vacation of an order authorizing employment of an attorney as debtor's counsel was denied where the attorney was not a disinterested person at the petition date. (Bankr. S.D. Tex.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.

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Commercial opinion summary, case decided on October 08, 2024 , LexisNexis #1224-052