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northern district of texas

Holton, In re

Ruling
Mortgage lender allowed fees and expenses as reimbursable by debtors despite lender's latefiled notice of fees that provided no itemization of the fees and expenses. (Bankr. N.D. Tex.)
Issue(s)
Notice Relating to Claims Secured By Security Interest in the Debtor’s Principal

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Consumer opinion summary, case decided on September 17, 2021 , LexisNexis #1121-048

Parson, In re

Ruling
Bankruptcy court denied debtor's motion to transfer venue as debtor did not meet the burdenof proof for a finding that transfer of the bankruptcy proceeding to another bankruptcy courtwas warranted. (Bankr. N.D. Tex.)
Issue(s)
Change of Venue.

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Consumer opinion summary, case decided on September 15, 2021 , LexisNexis #1121-023

Parson, In re

Ruling
Debtor could not rely on orders issued in prior dismissed bankruptcy cases nor was theexistence of those orders grounds for recusal. (Bankr. N.D. Tex.)
Issue(s)
Effect of Dismissal; Specific Effects.

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Consumer opinion summary, case decided on September 15, 2021 , LexisNexis #1121-002

Tallis, In re--United States (IRS v. Tallis

Ruling
Debt was excepted from discharge as debtor "willfully attempted" to evade or defeat paymentof his taxes. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Taxes; Fraud or Evasion.

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Consumer opinion summary, case decided on September 09, 2021 , LexisNexis #1121-011

CM Resort, LLC, In re

Ruling
Trust successfully established cause for Chapter 11 trustee's immediate return to the trust oftrust funds transferred by a co-trustee of the trust who lacked authority to make the transfer.(Bankr. N.D. Tex.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Property Acquired by

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Commercial opinion summary, case decided on August 31, 2021 , LexisNexis #1021-064

Watters, In re--Reticulum Mgmt., LLC v. Watters

Ruling
Creditor failed to show that debt was nondischargeable because its evidence wholly failed toprove that debtor made any representation to the creditor with the subjective intent to deceive.(Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on August 24, 2021 , LexisNexis #1021-036

KC7 Ranch, Ltd., In re--Ahern v. Griggs

Ruling
Permissive abstention and equitable remand were appropriate as there would have been noeffect on the efficient administration of the bankruptcy estate if the court abstained. (Bankr.N.D. Tex.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Commercial opinion summary, case decided on August 10, 2021 , LexisNexis #1021-098

Highland Capital Mgmt., L.P., In re

Ruling
Certain parties and their counsel found in civil contempt for violating two final andnonappealable orders. (Bankr. N.D. Tex.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Commercial opinion summary, case decided on August 03, 2021 , LexisNexis #0921-051

Specialty Select Care Ctr. of San Antonio, LLC, In re--Brown v. Douglas

Ruling
Claims for the avoidance of contractual payments dismissed in part as trustee failed tosufficiently allege actual fraud. (Bankr. N.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations.

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Commercial opinion summary, case decided on July 21, 2021 , LexisNexis #0921-017

Steen, In re

Ruling
Debtor's counsel's fees were nondischargeable and entitled to administrative expense statuswhere the fees were for services that were beneficial and necessary to Chapter 13 debtors andthe bankruptcy case generally. (Bankr. N.D. Tex.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Compensation of

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Consumer opinion summary, case decided on July 07, 2021 , LexisNexis #0821-058