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western district of texas

WC Alamo Indus. Ctr., LP, In re--639 Lanark, LLC v. Alamo Lanark, LLC

Ruling
Lender was justified in foreclosing on debtor’s property and setting conditions on release ofits lien even though it affected would-be buyer's purchase of the property. (Bankr. W.D. Tex.)
Issue(s)
Summary Judgment.

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Commercial opinion summary, case decided on January 03, 2024 , LexisNexis #0224-098

Damon Cap., Ltd., In re

Ruling
Counsel for the Lender established that the rates charged were within the range ofreasonableness for professionals in the market of comparable levels of experience and skill.(Bankr. W.D. Tex.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Commercial opinion summary, case decided on January 03, 2024 , LexisNexis #0224-083

Jackson Walker Law Firm, In re

Ruling
Permissive withdrawal of reference to bankruptcy court was not warranted as all of the claimswere core matters and the bankruptcy court was intimately familiar with the facts and legalissues. (Bankr. S.D. Tex.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.

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Commercial opinion summary, case decided on December 21, 2023 , LexisNexis #0324-098

Gaytan, In re

Ruling
Application to appoint counsel to represent Chapter 13 debtor in state court proceeding wasgranted where representation in that litigation may have lowered potential damages thatwould have diluted existing creditors' distribution. (Bankr. W.D. Tex.)
Issue(s)
Compensation of Officers; Determination of Amount; Compensation Disallowed;

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Consumer opinion summary, case decided on December 15, 2023 , LexisNexis #0224-028

WC Alamo Indus. Ctr., LP, In re--Lanark, LLC v. Alamo Lanark, LLC

Ruling
Remand of adversary proceeding to state court was not warranted as the bankruptcy court hadjurisdiction of the matter at the time of removal. (Bankr. W.D. Tex.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In

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Commercial opinion summary, case decided on December 08, 2023 , LexisNexis #0224-022

Legendary Field Exhibitions, LLC, In re--Dundon v. Osherow

Ruling
Complaint pleaded sufficient facts to allege promissory estoppel if neither a valid norenforceable oral contract existed under state law. (Bankr. W.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Commercial opinion summary, case decided on November 13, 2023 , LexisNexis #0124-038

Hot'z Power Wash, Inc., In re

Ruling
Subchapter V debtor could not treat nonvoting creditors as having accepted the plan. (Bankr.S.D. Tex.)
Issue(s)
Acceptance of Plan; By Class of Claims.

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Commercial opinion summary, case decided on November 07, 2023 , LexisNexis #0124-020

Keith, In re--Kapitus Servicing, Inc. v. Keith

Ruling
Summary judgment granted in favor of debtor in nondischargeability proceeding as neitherthe debtor nor his business was in a fiduciary relationship with the creditor. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Commercial opinion summary, case decided on October 30, 2023 , LexisNexis #0124-009

Griffin, In re

Ruling
Involuntary bankruptcy petition was dismissed with prejudice as the petitioning creditor'sclaim was subject to a bona fide dispute. (Bankr. S.D. Tex.)
Issue(s)
Involuntary Cases; Commencement.

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Consumer opinion summary, case decided on October 20, 2023 , LexisNexis #1223-076

Hayward, In re--Hayward v. United States Dep't of Educ.

Ruling
Department of Education was entitled to summary judgment on a debtor's claim seeking todischarge student loans where the consolidation loans arose after he filed his Chapter 7bankruptcy petition. (Bankr. W.D. Tex.)
Issue(s)
Discharge; Debts Affected.

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Commercial opinion summary, case decided on September 26, 2023 , LexisNexis #1223-017