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northern district of texas

Higgins AG, LLC, In re

Ruling
Plan could be confirmed by court even if less than all creditors or classes accepted the plan and, in such an instance, the plan would still be binding on those creditors or classes that rejected the plan. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan; Requirements; Impaired Classes.

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Commercial opinion summary, case decided on May 31, 2023 , LexisNexis #0723-066

Buck, In re

Ruling
Debt was not nondischargeable despite debtor's failure to schedule the claim or timely list the creditor on the official creditor matrix due to lack of prejudice to creditor. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled; Preventing Timely Filing of Proof of Claim.

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Consumer opinion summary, case decided on May 11, 2023 , LexisNexis #0723-009

Northwest Senior Hous. Corp., In re

Ruling
Confirmation of debtors' plan was warranted as the plan was proposed with the legitimate and honest purpose of maximizing the value of the debtors' assets and distributions to creditors. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on April 07, 2023 , LexisNexis #0623-042

Universal Rehearsal Ptnrs., Ltd., In re

Ruling
Subchapter V debtor's case dismissed due to persistent unexcused failure to file operating reports and inability to confirm a plan. (Bankr. N.D. Tex.)
Issue(s)
Postpetition Disclosure and Solicitation; Definitions.

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Commercial opinion summary, case decided on April 05, 2023 , LexisNexis #0623-041

SRAK Corp., In re

Ruling
Subchapter V plan of reorganization confirmed as it adequately and properly identified and classified all claims. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on March 21, 2023 , LexisNexis #0523-042

SRAK Corp., In re

Ruling
Subchapter V plan of reorganization confirmed as it adequately and properly identified and classified all claims. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on March 21, 2023 , LexisNexis #0523-042

Johns, In re--Rutan v. Johns

Ruling
Creditors properly pleaded a § 727(a) claim by alleging that the debtor concealed property by failing to list various properties and denying holding property for others. (Bankr. N.D. Tex.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on March 07, 2023 , LexisNexis #0523-018

Benge, In re--Hertz Elec., LLC v. Benge

Ruling
Motion for summary judgment on nondischargeability was denied as to embezzlement,fiduciary fraud, or willful and malicious injury but granted as to state court judgment foractual fraud. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on December 28, 2022 , LexisNexis #0223-082

Mikel, In re--Mikel v. Mikel

Ruling
Bankruptcy court awarded a debtor's former spouse a nondischargeable claim as the debtormaliciously prosecuted the former spouse over a fabricated injury. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on December 05, 2022 , LexisNexis #0223-006

Payne, In re--Payne v. Payne

Ruling
Husband's obligations for the wife's attorney fees were not excepted from discharge as thewife failed to put forward a credible argument that they were in the nature of alimony,maintenance, or support. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on November 22, 2022 , LexisNexis #0123-088