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eastern district of texas

Veigel, In re--Schwarz v. Nordhaus

Ruling
Abstention was warranted where plaintiff was not the debtor and claims were based solelyon state law. (Bankr. E.D. Tex.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Consumer opinion summary, case decided on May 04, 2017 , LexisNexis #0717-028

Martin, In re--US Merchants Fin. Grp., Inc v. Martin

Ruling
Debt was nondischargeable where debtor obtained products from a vendor through false representations. (Bankr. E.D. Tex.)
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 April 07, 2017 , LexisNexis #0517-047

Osborne, In re--Kokas v. Osborne

Ruling
Debt was nondischargeable where the indebtedness owed to plaintiff by debtor was based upon the violation of state securities laws and common law fraud in connection with the purchase of a security. (Bankr. E.D. Tex.)COLLIER BANKRUPTCY CASE UPDATE11
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities Violations.

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Consumer opinion summary, case decided on April 03, 2017 , LexisNexis #0517-042

Bhai, In re--MoneyGram Payment Sys. v. Bhai

Ruling
Plaintiff's motion for summary judgment granted in part and denied in part for plaintiff'sfailure to demonstrate entitlement to judgment as a matter of law regarding thenondischargeability of the judgment debt owed to it by debtor. (Bankr. E.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on January 31, 2017 , LexisNexis #0317-013

Wilson v. Phillips (In re Phillips)

Ruling
Indebtedness owed by defendant arising from willful and malicious injury was excepted fromdischarge in its entirety. (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.

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Consumer opinion summary, case decided on January 09, 2017 , LexisNexis #0217-036

Utterback v. Texas (In re Utterback)

Ruling
Claims for overpayment of benefits that arose prior to debtor's conversion to chapter 7discharged. (Bankr. E.D. Tex.)
Issue(s)
Effect of Conversion; Claims Arising Prior to Conversion.

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Consumer opinion summary, case decided on December 12, 2016 , LexisNexis #0117-038

In re HML Enters., LLC

Ruling
Employment of same counsel by parent and subsidiary debtors in possession denied butallowed for subsidiary only while case remained in chapter 11. (Bankr. E.D. Tex.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.

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Commercial opinion summary, case decided on October 12, 2016 , LexisNexis #1116-004

In re Healty

Ruling
Law firm ordered to disgorge retainer paid by debtor in anticipation of bankruptcy. (Bankr.E.D. Tex.)
Issue(s)
Should debtor’s attorneys be required to disgorge a retainer paid by the debtor, in the days immediately prior to the filing of the chapter 7 petition for the purpose of funding a post-petition appeal of a pre-petition state court judgment in favor of a creditor?

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Consumer opinion summary, case decided on August 08, 2016 , LexisNexis #0916-037

Ganter v. Montano (In re Heritage Pac. Fin., LLC)

Ruling
Assignment of settlement agreements by debtor was not voidable by trustee where debtor’slegal title was subject to transferee's equitable interest. (Bankr. E.D. Tex.)
Issue(s)
Postpetition Transactions.

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Commercial opinion summary, case decided on July 06, 2016 , LexisNexis #1216-018

In re Moore

Ruling
Trustee's objection to debtor's claimed exemption of IRA overruled. (Bankr. E.D. Tex.)
Issue(s)
Exemptions.

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Consumer opinion summary, case decided on July 06, 2016 , LexisNexis #1216-008