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northern district of texas

Howley, In re--Happy Hollow Ranch, LP v. Howley

Ruling
Summary judgment granted where all the elements required for nondischargeability weresatisfied and the doctrine of collateral estoppel applied to prevent relitigation of issuesalready decided in state court. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on February 02, 2024 , LexisNexis #0324-084

Seilheimer, In re

Ruling
Debtor was deprived of misappropriated house sale proceeds through actions taken by a“pastor” in violation of the automatic stay. (Bankr. N.D. Tex.)
Issue(s)
Automatic Stay; Scope; Acts to Obtain Property.

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Consumer opinion summary, case decided on January 25, 2024 , LexisNexis #0324-057

Britt, In re

Ruling
Remand was required as none of the parties were a debtor or creditor in the relatedbankruptcy case and recovery was based solely on state law. (Bankr. N.D. Tex.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Consumer opinion summary, case decided on December 19, 2023 , LexisNexis #0224-073

Canada, In re

Ruling
Trustee's objection to the validity of debtor's rural homestead claim was overruled.(Bankr. N.D. Tex.)
Issue(s)
Exemptions; Filing of List by Debtor.

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Consumer opinion summary, case decided on December 05, 2023 , LexisNexis #0224-011

Barton, In re--Ries v. Barton 5 Fam, L.P.

Ruling
Chapter 7 trustee properly removed a creditor's state uniform fraudulent transfer act action.(Bankr. N.D. Tex.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

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Consumer opinion summary, case decided on December 05, 2023 , LexisNexis #0124-081

Powell, In re

Ruling
Court noted that under the divorce decree, the debtor retained an interest in the proceeds ofeither the refinancing or sale of the property that would become property of the bankruptcyestate by operation of law subject to a valid homestead exemption. (Bankr. N.D. Tex.)
Issue(s)
Exemptions.

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Consumer opinion summary, case decided on November 03, 2023 , LexisNexis #0124-032

Cournoyer, In re--Blu Hawk Enters. v. Cournoyer

Ruling
Creditor failed to prove that debtor should be denied discharge as based on the credibletestimony of debtor and other evidence in the record, debtor did not intend to hinder, delay, ordefraud his creditors. (Bankr. N.D. Tex.)
Issue(s)
Discharge; Grounds for Denial.

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Commercial opinion summary, case decided on October 31, 2023 , LexisNexis #0124-016

Senior Care Ctrs., LLC, In re--Halperin v. Wills

Ruling
Trustee of litigation trust had not shown a lack of genuine issues of material fact to allowsummary judgment in preference proceeding. (Bankr. N.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Exception for

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Commercial opinion summary, case decided on October 29, 2023 , LexisNexis #1223-090

Benitez, In re--Vida v. T.W. Doers Inv. Firm, Inc.

Ruling
Avoidance proceeding dismissed in part due to insufficient allegations. (Bankr. N.D. Tex.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent

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Consumer opinion summary, case decided on October 02, 2023 , LexisNexis #1223-035

Riddle, In re Riddle v. Rushmore Loan Mgmt. Servs., LLC

Ruling
Plaintiff alleged sufficient injury in proceeding to invalidate creditors’ lien to establish U.S.Const. art. III standing. (Bankr. N.D. Tex.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.

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Commercial opinion summary, case decided on September 18, 2023 , LexisNexis #1123-086