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northern district of texas

With Purpose, Inc., In re--Seven Talents, LLC v. Neugebauer

Ruling
Fraudulent inducement and negligent misrepresentation causes of action brought against acorporate debtor's CEO by investors were not property of the bankruptcy estate. (Bankr. N.D.Tex.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

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Commercial opinion summary, case decided on September 13, 2023 , LexisNexis #1123-038

Seilheimer, In re

Ruling
Debtor's motion to dismiss bankruptcy petition denied due to failure to disclose whether thedebtor received any assistance in filling out his bankruptcy forms or any amount the debtorpaid for bankruptcy petition preparation services. (Bankr. N.D. Tex.)
Issue(s)
Penalty for Persons Who Negligently or Fraudulently Prepare Bankruptcy Petitions;

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Consumer opinion summary, case decided on September 13, 2023 , LexisNexis #1123-027

Johns, In re

Ruling
Expert opinion testimony regarding the propriety of transactions that would disqualifydebtor’s IRA from his claimed exemption was either within the scope of the expert's report orotherwise harmless. (Bankr. N.D. Tex.)
Issue(s)
General Provisions Governing Discovery.

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Consumer opinion summary, case decided on August 25, 2023 , LexisNexis #1123-023

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

Ruling
Former equity owner of debtor denied leave to file an adversary proceeding based on allegedtrading of allowed claims that had been included in confirmed plan. (Bankr. N.D. Tex.)
Issue(s)
Allowance of Claims or Interests; Reconsideration of Claims for Cause.

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Commercial opinion summary, case decided on August 25, 2023 , LexisNexis #1123-009

Gage's Granite LLC, In re

Ruling
Consensual Subchapter V plan confirmed as satisfying all necessary requirements. (Bankr.N.D. Tex.)
Issue(s)
Confirmation of Plan; Terms

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Commercial opinion summary, case decided on August 22, 2023 , LexisNexis #1023-042

Fore Mach., LLC, In re

Ruling
Landlord was entitled to payment of an administrative expense claim to remove and properlydispose of vats of chemical waste left on the leased premises following rejection of the lease.(Bankr. N.D. Tex.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee

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Commercial opinion summary, case decided on August 21, 2023 , LexisNexis #1023-056

Fresh Acquisitions, LLC, In re--Gonzales v. SZTX Invs., LLC

Ruling
Post-petition transfers of property of the estate to an insider in connection with fees and costsfor a debtor-in-possession financing were avoidable as not authorized by the DIP order.(Bankr. N.D. Tex.)
Issue(s)
Post-petition Transactions; Trustee’s Power to Avoid Transfers.

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Commercial opinion summary, case decided on August 01, 2023 , LexisNexis #0923-065

Molinar, In re--Amex Elec. Servs. Dallas-Fort Worth, Inc. v. Molinar

Ruling
Subcontractor's claim failed where it had not shown that trust funds were misapplied and hadnot satisfied the scienter requirement with respect to the debtor. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on July 07, 2023 , LexisNexis #0923-032

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

Ruling
Motion to exclude expert testimony and evidence in proposed adversary proceeding regardingpost-confirmation, pre-effective date, purchases of claims granted. (Bankr. N.D. Tex.)
Issue(s)
Contested Matters.

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Commercial opinion summary, case decided on June 16, 2023 , LexisNexis #0823-071

Maddox, In re--We Sell Rests., Inc. v. Maddox

Ruling
Debt was nondischargeable as debtor as an independent contractor did not owe plaintiff a fiduciary duty and plaintiff's belief and testimony that defendant must have embezzled property was not sufficient to except the debt from discharge. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on June 07, 2023 , LexisNexis #0823-009