WC Alamo Indus. Ctr., LP, In re--639 Lanark, LLC v. Alamo Lanark, LLC
Jan
03
2024
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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Damon Cap., Ltd., In re
Jan
03
2024
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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Jackson Walker Law Firm, In re
Dec
21
2023
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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Court
:
- 11 U.S.C.
Gaytan, In re
Dec
15
2023
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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WC Alamo Indus. Ctr., LP, In re--Lanark, LLC v. Alamo Lanark, LLC
Dec
08
2023
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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Court
:
- 11 U.S.C.
Legendary Field Exhibitions, LLC, In re--Dundon v. Osherow
Nov
13
2023
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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Court
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Hot'z Power Wash, Inc., In re
Nov
07
2023
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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Keith, In re--Kapitus Servicing, Inc. v. Keith
Oct
30
2023
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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Griffin, In re
Oct
20
2023
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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Hayward, In re--Hayward v. United States Dep't of Educ.
Sep
26
2023
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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