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southern district of texas

Johns, In re--Rutan v. Johns

Ruling
Debtor's failure to accurately state income and lack of financial records was not grounds to deny discharge given that debtor had few financial records and provided tax returns. (Bankr. N.D. Tex.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property; Property of the Debtor.

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Consumer opinion summary, case decided on September 25, 2024 , LexisNexis #1224-013

RML, LLC, In re

Ruling
Certification of a direct appeal to the circuit court was granted as the court's prior judgment enforcing the reorganized debtor's plan injunction against the claimants involved an unsettled question of law regarding the bankruptcy system. (Bankr. S.D.N.Y.)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals; Certification.

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Commercial opinion summary, case decided on September 23, 2024 , LexisNexis #1224-020

Kossoff PLLC, In re--Togut v. Besen

Ruling
Non-party's motion for permissive intervention was denied as the motion was untimely. (Bankr. S.D.N.Y.)
Issue(s)
Intervention.

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Commercial opinion summary, case decided on August 28, 2024 , LexisNexis #1124-025

Acclivity, In re

Ruling
Claimants' equitable indemnity claims disallowed as the debtors had not been found liable in the underlying proceeding. (Bankr. S.D. Tex.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unenforceable Claim.

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Consumer opinion summary, case decided on August 20, 2024 , LexisNexis #1124-006

RML, LLC, In re

Ruling
Discharge injunction barred asbestos-related claims that arose prior to petition date asadoption of asbestos-specific mechanisms in plan is permissive, not required. (Bankr. S.D.N.Y.)
Issue(s)
Effect of Discharge; Supplemental Injunctions in Chapter 11 Proceedings.

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Commercial opinion summary, case decided on August 12, 2024 , LexisNexis #1024-033

Erin Energy Corp., In re

Ruling
Bankruptcy court denied petition as any post-petition costs expended by petitioner werenecessary only to the preservation of the subsidiary's estate. (Bankr. S.D. Tex.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed.

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Commercial opinion summary, case decided on July 31, 2024 , LexisNexis #0924-086

Lilis Energy, Inc., In re--Baumgartner v. ICT Energy Sols., LLC

Ruling
Summary judgment was denied on the issue of whether the transfer was a preference as therewas a genuine issue of material fact as to the inchoate lien defense. (Bankr. S.D. Tex.)
Issue(s)
Preferences; Avoidable Transfers.

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Commercial opinion summary, case decided on July 19, 2024 , LexisNexis #0924-068

MMA Law Firm, PLLC, In re

Ruling
Approval of debtor's proposed counsel who sought a flat fee of $60,000 plus 40% of any valueobtained for the estate for the benefit of unsecured creditors granted as in the best interests ofthe estate. (Bankr. S.D. Tex.)
Issue(s)
Limitation on Compensation of Professional Persons; Professionals Employed by Trustee

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Commercial opinion summary, case decided on July 18, 2024 , LexisNexis #0924-055

Gwg Holdings, In re

Ruling
Court reserved ruling on whether insurance proceeds in escrow are property of bankruptcyestate given debtor's potential interest if claims exceed policy limits. (Bankr. S.D. Tex.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Commercial opinion summary, case decided on July 15, 2024 , LexisNexis #0924-039

Doyen, In re

Ruling
Court denied IRS's motion to dismiss Chapter 13 case with prejudice as debtor's pre-petitiontax non-compliance was insufficient to establish bad faith or absence of reasonable likelihoodof rehabilitation. (Bankr. S.D. Tex.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on June 25, 2024 , LexisNexis #0924-020