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eastern district of texas

Triplett, In re--Black v. Triplett

Ruling
Debtor should have provided more notice of depositions to plaintiffs in dispute overdiscovery and allegedly inaccurate schedules. (Bankr. E.D. Tex.)
Issue(s)
Depositions Upon Oral Examination.

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Consumer opinion summary, case decided on August 08, 2022 , LexisNexis #1022-020

Coutts, In re--Han v. Coutts

Ruling
Summary judgment in nondischargeability proceeding in favor of the debtor was notwarranted as there were disputed issues of material fact. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on July 01, 2022 , LexisNexis #1022-085

Jenkins, In re

Ruling
Debtors were entitled to modify their Chapter 13 plan in order to surrender collateral, whichwas a non-operational vehicle. (Bankr. E.D. Tex.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on April 21, 2022 , LexisNexis #0622-070

Lee, In re--Chow v. Lee

Ruling
Tax refund was not property of the bankruptcy estate as the sole source of income attributableto the 2018 Tax Refund was derived from the employment of the non-debtor spouse. (Bankr.E.D. Tex.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Community Property.

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Consumer opinion summary, case decided on December 13, 2021 , LexisNexis #0222-033

Balistreri-Amrhein, In re--Am. Tech., Inc. v. Balistreri-Amrhein

Ruling
Debt was dischargeable where creditor failed to sustain its burden of proof that any portion ofthe indebtedness arose from the infliction of a willful and malicious injury. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on November 15, 2021 , LexisNexis #0122-040

Alhuneidi, In re

Ruling
Chapter 7 debtor's expedited motion to dismiss an adversary proceeding as untimely wasgranted. (Bankr. E.D. Tex.)
Issue(s)
Determination of Dischargeability of a Debt; Time for Filing Complaint Under §

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Consumer opinion summary, case decided on October 28, 2021 , LexisNexis #1221-071

Ibarra, In re

Ruling
Requirement to complete a debtor education course waived due to debtor’s death where thedebtor's daughter had completed the final plan payments. (Bankr. W.D. Tex.)
Issue(s)
Discharge; Instructional Course; Required.

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Consumer opinion summary, case decided on October 09, 2021 , LexisNexis #0722-073

Hamza-Haris, In re--Poddar v. Hamza-Haris

Ruling
Creditor failed to prove nondischargeability as he failed to prove that the debtors had anintent to deceive him by promising to perform repairs on the subject vehicle. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 17, 2021 , LexisNexis #1121-033

Carbonyx, Inc., In re

Ruling
Joint plan was proposed in good faith and met all necessary elements by a preponderance ofthe evidence. (Bankr. E.D. Tex.)
Issue(s)
Confirmation of Plan; Requirements.

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Commercial opinion summary, case decided on August 11, 2021 , LexisNexis #1021-015

Eady, In re--Eady v. United States

Ruling
Chapter 7 debtor was not entitled to discharge his student loans as he did not meet theWilliams or Brunner tests. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on July 26, 2021 , LexisNexis #0921-039