The requirement that all rules must apply to all parties to a contract for the ...
Bankruptcy Court for the Northern District of Texas Court Cases
In Re Hardacre (2006)In a case filed under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the debtor filed a plan that provides no return to her unsecured creditors. The chapter 13 trustee urges the court not to confirm the plan, alleging that the debtor has failed to commit to the plan all of her projected disposable income as required by 11 U.S.C. § 1325(b)(1)(B). The trustee argues that in calculating her disposable income, the debtor has taken an impermissible double deduction of mortgage [...]
Court: Bankruptcy Court for the Northern District of Texas Docket: 05-95518-DML-13
In Re Barraza (2006)In this case the United States Trustee has moved to dismiss the debtor's chapter 7 case as presumptively abusive under the means test in section 707(b)(2)(A). The debtor attempts to avoid the presumption of abuse by (a) taking a standard $475 ownership allowance for a truck that is neither financed nor leased, and (b) deducting $915 per month from his current income to account for loan repayments on two loans from the debtor's 401(k) plans. The court reiterates its holding in In re Hardacre, [...]
Court: Bankruptcy Court for the Northern District of Texas Docket: 06-40220-RFN-7
Julia Dobbins (John Blinn, Stephen Goodwin and J. Michael McBride, formerly with the firm), Shannon, Gracey, Ratliff & Miller, Fort Worth, Tex., for Official Unsecured Creditors' Committee.
Court: Bankruptcy Court for the Northern District of Texas Docket: Bankruptcy No. 385-30348-HCA-11
In Re Armstrong (2005)
Molly W. Bartholow, Bartholow & Bartholow, Dallas, TX, for Rosetta Armstrong, Richard and Sharlene Rochester, Angelo and Jean Manasan, Steve Springer, Robbie B. and Cleo Margalene Pittman, and William Braggs, Debtors.
Court: Bankruptcy Court for the Northern District of Texas Docket: 03-35406-HDH-13, 03-32184-BJ13, 03-34099-BJH-13, 03-33113-BJ13, 03-38167-BJH-13, 03-34137-SA13, 03-34189-SAF-13, 03-36770-SA13
OPINION AND ORDER DENYING MOTION OF CREEL & ATWOOD FOR RECONSIDERATION OF ORDER CONCERNING TREATMENT OF RETAINER, DENYING APPROVAL OF FUNDS DRAWN TO DATE, AND DIRECTING RESTORATION OF FUNDS DRAWN
Court: Bankruptcy Court for the Northern District of Texas Docket: Bankruptcy No. 386-31035-A-11
In Re Mirant Corp. (2005)
Ian Peck, Haynes & Boone, L.L.P., Fort Worth, TX, Craig Averch, Michelle Campbell, Daniel Woods, White & Case, Los Angeles, CA, Frank Eaton, White & Case, Miami, FL, for Debtors.
Court: Bankruptcy Court for the Northern District of Texas Docket: 03-46590-DML-11
In Re Coffman (2002)
Robert Paul Coffman Jr. and Galyn Frederiksen-Coffman (the Coffmans), the debtors, seek to modify their confirmed Chapter 13 plan to provide for surrender of a 1992 Acura Integra to Amarillo Community Federal Credit Union (ACFCU) in satisfaction of the Coffmans' obligation to make payments on ACFCU's secured claim. ACFCU objects to the modification. Hearing on the issue was held November 19, 2001.
Court: Bankruptcy Court for the Northern District of Texas Docket: 99-10395-RLJ-13
In Re Lara (2006)Manuel Lara, Jr. and Margaret G. Lara (the "Debtors") filed this Chapter 13 bankruptcy case on October 31, 2005. At issue here is confirmation of the Debtors' proposed Chapter 13 plan of reorganization (the "Plan"). The Chapter 13 trustee objects to confirmation of the Plan on the grounds that the Plan fails to satisfy the disposable income test of § 1325(b)(1)(B). Specifically, the Trustee and the Debtors disagree over how to calculate certain expense allowances under the Bankruptcy Abuse [...]
Court: Bankruptcy Court for the Northern District of Texas Docket: 05-86792-BJH-13
In Re Barrett (1993)Pursuant to Bankruptcy Rule 7052, the following are the Court's Findings of Fact and Conclusions of Law in connection with the trial held in the above-referenced adversary proceeding on February 26, 1993. This case addresses whether a state court judgment against debtor Gene M. Barrett ("Defendant" or "Barrett"), for conversion of collected insurance premiums totalling $921,689.94, is non-dischargeable under § 523(a)(4) of the Bankruptcy Code. Clarendon National Insurance Company ("Plaintiff" [...]
Court: Bankruptcy Court for the Northern District of Texas Docket: Bankruptcy No. 392-31619 SAF-7, Adv. No. 392-3316 RCM
In Re Blair (2005)Kevin Edward Blair and Susan Robin Blair ("Debtors") filed a voluntary Chapter 7 petition and elected the Texas exemptions, including the generous homestead exemption. An unsecured creditor, Southwest Security Bank ("SSB"), filed its Objection to the Debtors' Claim of Exemption in the Homestead ("Objection"). At issue in the contested matter is § 522(p) of the Bankruptcy Code, which provides that a debtor who has elected state law exemptions may not exempt any amount of interest that exceeds [...]
Court: Bankruptcy Court for the Northern District of Texas Docket: 05-35922-HDH7
This case involves the developing issue of what causes of action a trustee, debtor in possession or committee may assert on behalf of the bankruptcy estate. The official limited partners' committee ("Committee") filed a Motion for Authority to Prosecute Action on Behalf of the Debtor's Estate ("Motion"). The motion requests authority to bring an action against certain entities and individuals, require the Debtor to segregate $125,000 in unencumbered funds as a source to pay professional fees [...]
Court: Bankruptcy Court for the Northern District of Texas Docket: Bankruptcy No. 388-35397-HCA-11
CAME ON FOR CONSIDERATION by this court, on May 22 and 30, 2006, the Motions of Chevron U.S.A. Inc. for Relief from the Automatic Stay Pursuant to 11 § 362(d)(1) and (d)(2) and Motions to Convert Cases to Chapter 7 by Chevron U.S.A. Inc. filed in each of the two above-referenced cases. Desiring to enter detailed written reasons for justifying its decision, and given that there was an approximately two-year history involving these debtors under two previous bankruptcy judges before this judge [...]
Court: Bankruptcy Court for the Northern District of Texas Docket: 04-36426-SGJ-11, 04-36448-SGJ-11
In Re Dixon (1992)
The Trustee Dale Wootton ("Plaintiff") seeks to recover $300,000 from William H. Ravkind ("Defendant"), the attorney who performed primarily criminal defense services for the Debtor Don Ray Dixon ("Dixon"). The suit sought to recover the fees as a fraudulent conveyance. Defendant has answered, and the matter was tried on March 18, 1992.
Court: Bankruptcy Court for the Northern District of Texas Docket: Bankruptcy No. 387-33941 RCM-11, Adv. No. 387-3971
Came before the Court for trial, the Second Amended Complaint, filed by Jeffrey H. Mims ("Mims"), Trustee, on December 29, 1997, and further defined by the Joint PreTrial Order filed on July 20, 1998.
Court: Bankruptcy Court for the Northern District of Texas Docket: Bankruptcy No. 97-30566-HCA-7. Adversary No. 397-3452
In Re Womble (2003)Before the court is Pher Partners's complaint objecting to the discharge of the debtor, Larry L. Womble (Womble). Pher Partners, a judgment creditor, alleges three primary bases for denial of discharge. First, Pher Partners alleges that Womble's disclaimer of his mother's estate is a sham and a fraud, asserting that Womble retained ownership of the assets of the estate. Womble's ownership of such assets, Pher Partners argues, constitutes a continuing concealment within the meaning of section [...]
Court: Bankruptcy Court for the Northern District of Texas Docket: Bankruptcy No. 01-21469-RLJ-7, Adversary No. 02-2014
In Re Mirant Corp. (2005)Jason B. Binford, Judith Elkin, Mark Joseph Elmore, Stacey C. Jernigan, Robin Eric Phelan, Frances Anne Smith, Amy M. Walters, Haynes & Boone, LLP, Dallas, TX, Michelle C. Campbell, White & Case, Los Angeles, CA, Paul B. Carberry, Vincent R. Fitzpatrick, Jr., White & Case LLP, New York, NY, J. Robert Forshey, Jeff P. Prostok, Forshey & Prostok, LLP, Ian T. Peck, John David Penn, Haynes & Boone, LLP, Ft. Worth, TX, Thomas E. Lauria, Bryan A. Merryman, Maria K. Pum, White [...]
Court: Bankruptcy Court for the Northern District of Texas Docket: 03-46590-DML
In Re Braniff Airways, Inc. (1984)
1. On February 27, 1984, Dalfort Corporation ("Dalfort" or "Braniff") (formerly Braniff Airways Incorporated) filed a Motion to Allow Setoff of Certain Claims of Dalfort Against the United States Against Certain Debts of Dalfort to the United States ("Setoff Motion").
Court: Bankruptcy Court for the Northern District of Texas Docket: Bankruptcy No. 482-00369
In Re Howerton (1982)
The Debtors, James and Blanche Howerton, established Individual Retirement Annuity (I.R.A.) contracts pursuant to 26 U.S.C. § 408 through Dixie National Life Insurance Company in 1977. They now claim that the cash surrender value of their I.R. A.s is not property of the estate, or, alternatively, that it is exempt property under Texas law. The Trustee objects and claims the cash surrender value of both contracts as non-exempt property of the estate.
Court: Bankruptcy Court for the Northern District of Texas Docket: Bankruptcy No. 481-00571
In Re Clark (1995)
Pursuant to Bankr.R. 7052, following are the Court's findings of fact and conclusions of law from the hearing on January 3, 1995 and June 9, 1995. The relief prayed for by Plaintiffs is denied.
Court: Bankruptcy Court for the Northern District of Texas Docket: Bankruptcy No. 394-31480 RCM-7. Adv. No. 394-3323
In Re Mirant Corp. (2006)Allison Kirschner, Bryan A. Merryman, Charles C. Kline, Claudine Columbres, Daniel Ginsberg, Erika Ruiz, Erin L. Connolly, Felix L. Lopez, Forrest W. Hunter, Frank L. Eaton, Gerard Uzzi, Glenn Kurtz, Jack E. Pace, III, Jason D, Schauer, Jennifer M. Driscoll, Kathleen Pakenham, Linda M. Leali, Maria K. Pum, Robert A. Milne, Robert P. Sweeter, Scott A. Griffin, Stephen J. Vitola, Susan K. Chandler, Thomas E. Lauria, Timothy V. Mulvey, Tristram J. Mallett, Wayne A. Cross, White & Case [...]
Court: Bankruptcy Court for the Northern District of Texas Docket: 03-46590 DML-11