MMA Law Firm, PLLC, In re
Jul
18
2024
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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Court
:
- 11 U.S.C.
Keith, In re--Kapitus Servicing, Inc. v. Keith
Jul
09
2024
Ruling
Court declared debts nondischargeable due to debtor's false financial statements in purchaseagreement and finding reckless disregard for truth and lack of credibility regarding arrears.(Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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Court
:
- 11 U.S.C.
Strange, In re--Lowe v. Strange
Jul
09
2024
Ruling
Court allowed trustee to recover property value for fraudulent transfer to insider. (Bankr. W.D.Tex.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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Court
:
Doyen, In re
Jun
25
2024
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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Court
:
- 11 U.S.C.
Toribio, In re--J.A.S. Farms, Inc. v. Toribio
Jun
20
2024
Ruling
Discharge denied for false oaths and omissions showing reckless disregard for truth butclaims for fraud, willful injury, and tortious interference failed for lack of evidence. (Bankr.W.D. Tex.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
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Court
:
MMA L. Firm, PLLC, In re
Jun
05
2024
Ruling
Law firm was disqualified from representing the official committee of unsecured creditors inthe case as there was a conflict of interest stemming from the debtor's pre-petitioncommunications with the law firm as a prospective client. (Bankr. S.D. Tex.)
Issue(s)
Limitation on Compensation of Professional Persons; Professionals Employed by Trustee
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Court
:
- 11 U.S.C.
Turkey Leg Hut & Co. LLC, In re
May
31
2024
Ruling
Subchapter V trustee's request for a temporary restraining order was denied as the debtor inpossession had exclusive standing to pursue estate causes of action. (Bankr. S.D. Tex.)
Issue(s)
Rights and Powers of a Debtor in Possession
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Court
:
- 11 U.S.C.
Mireles, In re--Viegelahn v. TMX Credit, Inc.
May
24
2024
Ruling
Confirmation order was not res judicata as to trustee’s avoidance claim since the trustee hadalready brought an avoidance proceeding prior to confirmation. (Bankr. W.D. Tex.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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Court
:
Deeproot Cap. Mgmt., In re--Lowe v. Carlile Patchen & Murphy, LLP
May
24
2024
Ruling
Court found sufficient nexus between law firm's legal fee proof of claim for pre-petitionservices and the trustee's malpractice and attorney fee subordination lawsuit to justify theexercise of personal jurisdiction over the law firm. (Bankr. W.D. Tex.)
Issue(s)
Process; Service of Summons, Complaint.
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Court
:
- 11 U.S.C.
Trinity Family Practice & Urgent Care PLLC, In re
May
24
2024
Ruling
Confirmation of debtor's plan denied as there was insufficient evidence for the court todetermine whether the three-year plan payment period was fair and equitable. (Bankr. W.D.Tex.)
Issue(s)
Confirmation of Plan.
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Court
: