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5th circuit

Gonzalez, In re

Ruling
Debtor's motion to avoid a judicial lien failed to show how it calculated the amount of the judgment determining the value of lien to be avoided. (Bankr. W.D. Tex.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on August 26, 2024 , LexisNexis #1124-008

Okeiyi, In re--Asilonu v. Okeiyi

Ruling
Debt related to debtor’s breach of her obligations under affidavit of support provided to enable plaintiff to immigrate to the U.S. was dischargeable. (Bankr. M.D.N.C.)
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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Consumer opinion summary, case decided on August 23, 2024 , LexisNexis #1124-011

Lager, In re

Ruling
Court concluded that Subchapter V trustee's statutory duty to file a final report was not sufficient cause to keep the cases open and it was thus appropriate to order the termination of the trustee’s services. (Bankr. N.D. Tex.)
Issue(s)
Trustee; Termination of Trustee Service

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Consumer opinion summary, case decided on August 22, 2024 , LexisNexis #1124-021

Acclivity, In re

Ruling
Claimants' equitable indemnity claims disallowed as the debtors had not been found liable in the underlying proceeding. (Bankr. S.D. Tex.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unenforceable Claim.

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Consumer opinion summary, case decided on August 20, 2024 , LexisNexis #1124-006

Autry, In re

Ruling
Debtors were not entitled to convert their case to Chapter 13 as they acted in bad faith in their Chapter 7 case. (Bankr. M.D.N.C.)
Issue(s)
Conversion.

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Consumer opinion summary, case decided on August 15, 2024 , LexisNexis #1124-064

Vantage Benefits Adm'rs., Inc., In re--Mims v. Matrix Trust Co,

Ruling
Trustee in involuntary case could pursue causes of action against third parties that allegedlyenabled embezzlement by debtor’s principals. (Bankr. N.D. Tex.)
Issue(s)
Procedures; Reference of Cases and Proceedings by District Court to Bankruptcy

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Commercial opinion summary, case decided on August 14, 2024 , LexisNexis #1024-072

RML, LLC, In re

Ruling
Discharge injunction barred asbestos-related claims that arose prior to petition date asadoption of asbestos-specific mechanisms in plan is permissive, not required. (Bankr. S.D.N.Y.)
Issue(s)
Effect of Discharge; Supplemental Injunctions in Chapter 11 Proceedings.

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Commercial opinion summary, case decided on August 12, 2024 , LexisNexis #1024-033

Erin Energy Corp., In re

Ruling
Bankruptcy court denied petition as any post-petition costs expended by petitioner werenecessary only to the preservation of the subsidiary's estate. (Bankr. S.D. Tex.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed.

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Commercial opinion summary, case decided on July 31, 2024 , LexisNexis #0924-086

Goodman, In re--Fundamental Funding, LLC v. Goodman

Ruling
Court denied summary judgment on non-dischargeability due to material issues of fact.(Bankr. W.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

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Commercial opinion summary, case decided on July 30, 2024 , LexisNexis #1024-014

Brendan Gowing, Inc., In re

Ruling
Automatic stay never came into effect in subchapter V case as debtors' first bankruptcy wasdismissed within the two-year period preceding the filing of the instant case. (Bankr. S.D. Tex.)
Issue(s)
Automatic Stay; Small Business Debtors; Exceptions; Dismissal of Small Business

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Commercial opinion summary, case decided on July 26, 2024 , LexisNexis #0924-082