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5th circuit

Artiusid, Inc., In re

Ruling
Petitioning creditors had standing to bring involuntary case where alleged debtor failed toprovide objective evidence of a bona fide dispute as to liability or amount. (Bankr. W.D. Tex.)
Issue(s)
Involuntary Cases.

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Commercial opinion summary, case decided on July 23, 2024 , LexisNexis #0924-053

Texas E&P Operating, Inc., In re--Yaquinto v. Krage & Janvey, L.L.P.

Ruling
Defendant was not entitled to dismiss trustee's constructive fraudulent transfer claims on thebasis of collateral estoppel as there was no showing that the debtor and its principalconstituted a single entity for collateral estoppel purposes. (Bankr. N.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Commercial opinion summary, case decided on July 19, 2024 , LexisNexis #0924-092

Lilis Energy, Inc., In re--Baumgartner v. ICT Energy Sols., LLC

Ruling
Summary judgment was denied on the issue of whether the transfer was a preference as therewas a genuine issue of material fact as to the inchoate lien defense. (Bankr. S.D. Tex.)
Issue(s)
Preferences; Avoidable Transfers.

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Commercial opinion summary, case decided on July 19, 2024 , LexisNexis #0924-068

MMA Law Firm, PLLC, In re

Ruling
Approval of debtor's proposed counsel who sought a flat fee of $60,000 plus 40% of any valueobtained for the estate for the benefit of unsecured creditors granted as in the best interests ofthe estate. (Bankr. S.D. Tex.)
Issue(s)
Limitation on Compensation of Professional Persons; Professionals Employed by Trustee

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Commercial opinion summary, case decided on July 18, 2024 , LexisNexis #0924-055

Gwg Holdings, In re

Ruling
Court reserved ruling on whether insurance proceeds in escrow are property of bankruptcyestate given debtor's potential interest if claims exceed policy limits. (Bankr. S.D. Tex.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Commercial opinion summary, case decided on July 15, 2024 , LexisNexis #0924-039

Keith, In re--Kapitus Servicing, Inc. v. Keith

Ruling
Court declared debts nondischargeable due to debtor's false financial statements in purchaseagreement and finding reckless disregard for truth and lack of credibility regarding arrears.(Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

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Consumer opinion summary, case decided on July 09, 2024 , LexisNexis #0924-036

Strange, In re--Lowe v. Strange

Ruling
Court allowed trustee to recover property value for fraudulent transfer to insider. (Bankr. W.D.Tex.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.

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Consumer opinion summary, case decided on July 09, 2024 , LexisNexis #0924-040

Harris, In re--Young v. Harris

Ruling
Creditor was not entitled to a nondischargeability judgment as he failed to meet hisevidentiary burden regarding fraudulent or negligent representation regarding omission ofcreditor from schedules. (Bankr. N.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.

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Consumer opinion summary, case decided on June 26, 2024 , LexisNexis #0924-008

Doyen, In re

Ruling
Court denied IRS's motion to dismiss Chapter 13 case with prejudice as debtor's pre-petitiontax non-compliance was insufficient to establish bad faith or absence of reasonable likelihoodof rehabilitation. (Bankr. S.D. Tex.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on June 25, 2024 , LexisNexis #0924-020

Galleria 2425 Owner, LLC, In re

Ruling
Debtors' prepackaged Chapter 11 plan confirmed as meeting all requirements and properlyclassifying claims and interests. (Bankr. S.D. Tex.)
Issue(s)
Confirmation of Plan; Requirements; Plan Compliance with Title 11.

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Commercial opinion summary, case decided on June 22, 2024 , LexisNexis #0824-096