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In re Sanjel (USA) Inc.

Ruling
Order for recognition of foreign main proceeding modified to allow Fair Labor Standards Actactions against debtor’s officers and directors. (Bankr. W.D. Tex.)
Issue(s)
Should creditors be given relief from the original order recognizing a foreign main proceeding in order to pursue Fair Labor Standards Act litigation against debtor’s officers and directors?

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Commercial opinion summary, case decided on July 28, 2016 , LexisNexis #0816-119

In re Crawford

Ruling
Confirmation denied pending amended plan with provisions obligating debtor to pay allunsecured creditors in full. (Bankr. W.D. Tex.)
Issue(s)
Whether debtor’s chapter 13 plan cannot be modified or changed unless it continues to provide for full payment of unsecured claims

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Consumer opinion summary, case decided on July 21, 2016 , LexisNexis #0816-084

Robbins v. Landin (In re Landin)

Ruling
Discharge denied due to false oaths and failure to keep adequate records.
Issue(s)
Should debtor's discharge be denied due to alleged false oaths and failure to keep adequate records?

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Consumer opinion summary, case decided on May 19, 2016 , LexisNexis #0616-059

Texas v. Driskell (In re Driskell)

Ruling
Discharge denied due to debtor's failure to keep adequate records, list accounts and sources of income or explain cash withdrawals.
Issue(s)
Should debtors' discharge be denied for failure to keep or preserve books and records, filing false schedules, statements of financial affairs, and false testimony, failure to provide a satisfactory explanation for the loss or deficiency of assets and failure to disclose assets?

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Consumer opinion summary, case decided on May 02, 2016 , LexisNexis #0516-129

In re Klein

Ruling
Debtor whose prior chapter 13 case was filed more than two years earlier was eligible for a discharge.
Issue(s)
Was debtor ineligible for a chapter 13 discharge in his current case because he received a chapter 13 discharge within the two years prior to filing this case or was the two-year period to be measured from the petition date of the earlier case?

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Consumer opinion summary, case decided on January 29, 2016 , LexisNexis #0216-135

In re Bates

Ruling
Relief granted under involuntary petition where debtor was generally not paying debts as they came due.
Issue(s)
Should an order for relief be entered on an involuntary petition filed for the CEO of chapter 7 debtor LLC?

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Consumer opinion summary, case decided on January 26, 2016 , LexisNexis #0216-107

Lowe v. DeBerry (In re DeBerry)

Ruling
Proceeds from postpetition sale of exempt homestead were not property of the estate.
Issue(s)
Whether the proceeds from the post-petition sale of a chapter 7 debtor's properly exempted homestead be recovered by trustee if not reinvested in another homestead within six months following the date of sale as required by state law?

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Consumer opinion summary, case decided on October 28, 2015 , LexisNexis #1115-117

In re Alexander

Ruling
Postdischarge law suit alleging claims only against debtor's deceased spouse did not violate stay.
Issue(s)
Did postdischarge suit against deceased debtor violate the discharge injunction in joint debtor's case?

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Consumer opinion summary, case decided on September 01, 2015 , LexisNexis #0915-120

In re Woerner

Ruling
Amended counsel fee application allowed with reduction for fees incurred in defending conversion motion when it was clear that the case had little likelihood of success.
Issue(s)
Did debtors' attorneys who opposed conversion from chapter 11 to chapter 7, where there was no reasonable likelihood of a successful plan, provide identifiable, tangible, and material benefit to the estate so as to justify their fees?

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Consumer opinion summary, case decided on August 21, 2015 , LexisNexis #0915-036

Ali v. Merchant (In re Ali)

Ruling
Four of creditor's proofs of claim allowed but creditor sanctioned for filing of UCC financing statements in violation of the automatic stay.
Issue(s)
Did creditors violate the automatic stay by recording six UCC financing statements and should their 11 proofs of claim be allowed?

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Consumer opinion summary, case decided on July 23, 2015 , LexisNexis #0815-075