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western district of texas

MMA L. Firm, PLLC, In re--MMA L. Firm, PLLC v. Hair & Shunnarah Trial Attys., LLC

Ruling
Defendant law firm was entitled to a jury trial on the debtor firm’s claims for declaratory judgment and turnover of contingency fees and costs. (Bankr. S.D. Tex.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.

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Commercial opinion summary, case decided on March 03, 2025 , LexisNexis #0525-098

Mahadevan, In re--Bikkina v. Mahadevan

Ruling
Defamation judgment against debtor was nondischargeable. (Bankr. S.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on February 21, 2025 , LexisNexis #0425-087

Cinch Wireline Servs., In re--Lowe v. Shumate

Ruling
Party that misappropriated debtor's assets and operations was ordered to turn financial control over to trustee and sanctioned. (Bankr. W.D. Tex.)
Issue(s)
Power of Court.

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Commercial opinion summary, case decided on December 09, 2024 , LexisNexis #0225-051

Adamson, In re--Greenup v. Adamson

Ruling
Debt was dischargeable where plaintiffs failed to establish that debtor knowingly made false statements and intended to defraud them. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on October 25, 2024 , LexisNexis #0125-010

Hollowell, In re--Hollowell v. Dep't of Educ.

Ruling
Debtor was not entitled to an undue hardship discharge of student loan debt due to failure to show current inability to repay would persist for a significant period. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Commercial opinion summary, case decided on October 23, 2024 , LexisNexis #0125-014

Turkey Leg Hut & Co. LLC, In re

Ruling
Subchapter V case ordered converted to Chapter 7 due to inadequate insurance , failure to timely file accurate financial statements, and failure to follow court orders. (Bankr. S.D. Tex.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes “Cause”.

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Commercial opinion summary, case decided on September 27, 2024 , LexisNexis #1224-046

Nelkin & Nelkin P.C., In re

Ruling
Individual lacked standing to object to a proposed Subchapter V plan as a stay of a replevin action in which she had potential claims against debtor’s principals would not affect her potential recovery or liability. (Bankr. S.D. Tex.)
Issue(s)
Confirmation of Plan; Rule of Construction; Requirements as of Effective Date of Plan; Ability to Make Payments

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Commercial opinion summary, case decided on September 20, 2024 , LexisNexis #1224-017

Clewis, In re-- Byman v. Dan Invs., LLC

Ruling
Property that was the subject of a post-petition transfer was property of the estate and could be recovered by trustee. (Bankr. S.D. Tex.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable Interests.

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Consumer opinion summary, case decided on August 29, 2024 , LexisNexis #1124-035

Brendan Gowing, Inc., In re

Ruling
Automatic stay never came into effect in subchapter V case as debtors' first bankruptcy wasdismissed within the two-year period preceding the filing of the instant case. (Bankr. S.D. Tex.)
Issue(s)
Automatic Stay; Small Business Debtors; Exceptions; Dismissal of Small Business

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Commercial opinion summary, case decided on July 26, 2024 , LexisNexis #0924-082

Artiusid, Inc., In re

Ruling
Petitioning creditors had standing to bring involuntary case where alleged debtor failed toprovide objective evidence of a bona fide dispute as to liability or amount. (Bankr. W.D. Tex.)
Issue(s)
Involuntary Cases.

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Commercial opinion summary, case decided on July 23, 2024 , LexisNexis #0924-053