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Garza, In re

Ruling
Any attempt by creditor to deflect blame onto debtor for failing to mitigate damages wascompletely overshadowed by creditor's willful violation of the automatic stay. (Bankr. S.D.Tex.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on February 12, 2020 , LexisNexis #0320-057

Phan, In re--Hong Kong Dev. Corp. v. Phan

Ruling
Debtor was granted a general discharge where creditor failed to show that debtor hadtransferred property with the intent to hinder, delay, or defraud creditors. (Bankr. S.D. Tex.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on October 10, 2019 , LexisNexis #1219-045

Garza, In re--Garza v. CMM Enters., LLC

Ruling
Court limited the award of attorney's fees for willful stay violations as debtor's counsel didnot make any effort to resolve the matter before filing the adversary proceeding. (Bankr. S.D.Tex.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on July 25, 2019 , LexisNexis #0919-054

Fedoruk, In re

Ruling
Motion to dismiss debtors' Chapter 7 bankruptcy case was denied as debtors qualified asChapter 7 business debtors and creditor failed to demonstrate that debtors acted in bad faith.(Bankr. S.D. Tex.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13.

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Consumer opinion summary, case decided on July 23, 2019 , LexisNexis #0919-067

Trevino v. Select Portfolio Servicing, Inc.

Ruling
Court was not persuaded that compelling arbitration was inadequate to protect the substantive rights granted by the bankruptcy code. (Bankr. S.D. Tex.)
Issue(s)
Effect of Discharge.

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Commercial opinion summary, case decided on March 07, 2019 , LexisNexis #0419-085

Montalvo, In re

Ruling
Debtor's objection to claim based on prepetition execution sale of properties in order to satisfy a state-court judgment overrruled. (Bankr. S.D. Tex.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on January 11, 2019 , LexisNexis #0219-030

Flores, In re--United Leasing, Inc. v. Flores

Ruling
Court excepted debt from discharge as the debtor's personal financial statement containedsubstantial inaccuracies that creditor relied when it made a credit decision. (Bankr. S.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

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Consumer opinion summary, case decided on August 06, 2018 , LexisNexis #1018-073

Briar Bldg. Houston LlcLC, In re

Ruling
Court denied plaintiff's motions to remand as lawsuit was properly before the court andmandatory abstention was not required. (Bankr. S.D. Tex.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Commercial opinion summary, case decided on May 22, 2018 , LexisNexis #0221-073

Amaya, In re

Ruling
Plan confirmed as it satisfied the equal monthly payment requirement and secured creditorsretained their lien. (Bankr. S.D. Tex.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.

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Consumer opinion summary, case decided on April 11, 2018 , LexisNexis #0518-086

Wright, In re--Wright v. Csabi

Ruling
Court found that two attorneys representing the chapter 13 debtor violated the law by notseeking the Court's approval for their employment despite its requirement. (Bankr. S.D. Tex.)
Issue(s)
Employment of Professional Persons.

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Consumer opinion summary, case decided on December 01, 2017 , LexisNexis #0118-003