Trevino, In re--Trevino v. U.S. Bank Trust, N.A.
Feb
09
2023
Ruling
Debtors were entitled to recover an award of reasonable and necessary attorneys' fees and expenses as debtors prevailed on an unfair debt collection claim regarding their home loan. (Bankr. S.D. Tex.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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Court
:
- 11 U.S.C.
GFS Indus., LLC, In re--Avion Funding, LLC v. GFS Indus., LLC
Feb
03
2023
Ruling
Direct appeal to the circuit court of appeals was warranted on issue of whether nondischarageability proceedings may brought against Subchapter V debtors. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge.
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Court
:
- 11 U.S.C.
Perez, In re
Jan
25
2023
Ruling
Bankruptcy court was not asked to determine the tax liability of a creditor's agent but ratherthe agent's entitlement to attorney's fees and costs. (Bankr. W.D. Tex.)
Issue(s)
Determination of Tax Liability.
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Porter Dev. Partners, LLC, In re
Jan
25
2023
Ruling
Reconsideration of an order disallowing claims was granted where the claims were litigated asa contested matter. (Bankr. S.D. Tex.)
Issue(s)
Allowance of Claims or Interests; Reconsideration of Claims for Cause.
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Semco Mfg. Co., In re
Jan
13
2023
Ruling
Debtor's Chapter 7 proceeding was dismissed with a one-year bar to refiling as it was filed inbad faith. (Bankr. S.D. Tex.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
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Court
:
- 11 U.S.C.
Longhorn Paving & Oilfield Servs., In re--Curtis v. Awbrey
Jan
03
2023
Ruling
Trustee's motion to reconsider judgment in preference proceeding denied as trustee failed toestablish that debtor’s post-petition wage transfers were issued to pay pre-petition wages.(Bankr. S.D. Tex.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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Arabella Petroleum Co., LLC, In re--Weiss v. Arabella Exploration Inc.
Dec
22
2022
Ruling
Transfers to corporation for an antecedent debt were not constructively fraudulent, buttransfers to owner for less than equivalent value could be recovered by trustee as actualfraudulent transfers. (Bankr. W.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements Of Fraudulent Transfers.
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Court
:
- 11 U.S.C.
Luera, In re
Dec
16
2022
Ruling
Creditor's amended proof of claim was allowed as the original proof of claim understated theprojected escrow shortage and the amended proof of claim was merely attempting to correct acalculation error. (Bankr. S.D. Tex.)
Issue(s)
Allowance of Claims or Interests.
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Court
:
- 11 U.S.C.
Chris Pettit & Assocs., P.C., In re
Dec
13
2022
Ruling
Attorneys' fee applications for two bankruptcy cases were denied and disgorgement wasordered as the disclosures in both cases were incomplete and inadequate. (Bankr. W.D. Tex.)
Issue(s)
Debtor’s Transactions with Attorneys.
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Court
:
- 11 U.S.C.
John Patrick Lowe Chapter 7 Tr. v. IRS (Rouquette)
Dec
09
2022
Ruling
Trustee was entitled to prevail on his claim against the IRS, as a creditor, that the debtors' prepetition payment to the IRS of estimated taxes constituted a fraudulent transfer. (Bankr. W.D.Tex.)
Issue(s)
Fraudulent Transfers and Obligations.
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