- 11 U.S.C.
In re Garza
Oct
07
2011
Ruling
Contract for deed under which debtor defaulted was not executory and could be cured in chapter 13 plan.
Procedural posture
A property owner filed a motion to compel the Chapter 13 debtor to assume or reject a contract for deed under 11 U.S.C.S. § 365, pursuant to which the debtor agreed to purchase from the owner certain residential real property.
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Court
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In re Pastran
Sep
20
2011
Ruling
Award of attorneys' fees and expenses against creditor mortgagees for bringing allegedly unfounded stay litigation denied in absence of bad faith.
Procedural posture
Chapter 13 debtor, by and through her counsel, filed an application of for allowance of compensation and reimbursement of expenses, pursuant to either 28 U.S.C.S. § 1927, 11 U.S.C.S. § 105(a), Fed. R. Bankr. P. 9011, to be assessed against two mortgage loan servicing creditors.
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Court
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- 11 U.S.C.
In re American Mart Hotel Corp.
Sep
02
2011
Ruling
Plan of liquidation proposed by lender confirmed as modified.
Procedural posture
Movant, a primary lender, filed an amended plan of liquidation for the debtor for confirmation. The objections of all parties had been withdrawn, resolved, or otherwise overruled or addressed.
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Court
:
- 11 U.S.C.
In re Congress Sand and Gravel LLC
Sep
02
2011
Ruling
Immaterially modified chapter 11 plan could be confirmed.
Procedural posture
Debtors sought confirmation of their proposed Chapter 11 plan of reorganization as immaterially modified by a later version of the plan. The issue was whether the proposed plan satisfied the criteria in 11 U.S.C.S. § 1129.
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Court
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In re EQK Bridgeview Plaza Inc.
Jun
16
2011
Ruling
Denial of relief from stay conditioned upon adequate protection payments and plan confirmation by date certain.
Procedural posture
Before the court for consideration in debtor's chapter 11 case were movant creditors' motions for relief from the automatic stay.
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Court
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Williams v. Hantla (In re Hantla)
Mar
25
2011
Ruling
Unauthorized use of credit cards and cash withdrawals by debtor personal assistant resulted in nondischargeable debt.
Procedural posture
Creditor filed an amended complaint against chapter 7 debtors seeking a determination that his claims against the debtor wife were non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and (a)(6). The creditor's claims were based upon the debtor's alleged breach of fiduciary duty and on the creditor's claims under the Texas Theft Liability Act.
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Court
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Placid Oil Co. v. Williams (In re Placid Oil Co.)
Mar
21
2011
Ruling
Postconfirmation claims for prepetition asbestos related injury was discharged in case closed nearly two decades earlier.
Procedural posture
Plaintiff reorganized debtor filed an adversary proceeding, approximately two decades after confirmation of a Chapter 11 plan and closure of its bankruptcy case, in order to determine whether certain tort claims that have been asserted in state court post-confirmation by defendant claimants were discharged by the confirmation order in the debtor's Chapter 11 case. The parties filed cross motions for summary judgment.
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Court
:
- 11 U.S.C.
In re EQK Bridgeview Plaza Inc.
Mar
04
2011
Ruling
Debtor's motion to conduct real property swap to satisfy note obligation denied.
Procedural posture
Debtor filed a motion under 11 U.S.C.S. § 363 to conduct a real property "swap" or exchange. Creditor filed a motion for relief from the automatic stay.
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Court
:
Mullen v. Jones (In re Jones)
Feb
03
2011
Ruling
Discharge denied due to debtor's fiduciary defalcation in management of partnership.
Procedural posture
Creditors, a lender and his former spouse, brought an adversary proceeding against defendant bankruptcy debtor seeking nondischargeability of a debt to the spouse under 11 U.S.C.S. § 523(a) based on the debtor's fiduciary defalcation, and seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a) based on the debtor's concealment and transfer of assets and the debtor's false oaths.
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Court
:
- 11 U.S.C.
In re Tinsley
Nov
16
2010
Ruling
Debtor could claim exemption in homestead consisting of ranch and residence inherited from father but not yet titled in debtor's name.
Procedural posture
A bankruptcy debtor described himself as a rancher and claimed an exemption in his homestead consisting of ranch land and a residence which the debtor inherited from his father, but the property remained titled in the father's name pending probate administration. The bankruptcy trustee and the debtor's primary creditor objected to the debtor's claimed homestead exemption.
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Court
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