Bankruptcy Court for the Western District of Texas Court Cases

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  1. In Re Oliver (2006)

    This court held a hearing on May 16, 2006 on the United States Trustee's Motion to Dismiss Case Pursuant to 11 U.S.C. § 707(b)(1), (b)(2), and (b)(3). This Court has jurisdiction under 28 U.S.C. § 1334(a), (b) and (d), 28 U.S.C. § 151, 28 U.S.C. § 157(a) and (b)(1), and the Standing Order of Reference in this District. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) as this is a motion to dismiss Daniel Keith Oliver's ("Debtor") bankruptcy proceeding pursuant to certain provisions [...]

    Court: Bankruptcy Court for the Western District of Texas Docket: 06-10134-FM
  2. In Re Sanders (2007)

    CAME ON for hearing on August 16, 2007 the foregoing matter. Ford Motor Credit Company LLC objected to confirmation, on grounds that the plan did not accord to it proper treatment of its secured claim on a motor vehicle under the hanging paragraph to section 1325(a).


    Court: Bankruptcy Court for the Western District of Texas Docket: 07-50783-C
  3. In Re Landing Associates, Ltd. (1993)

    CAME ON for hearing Debtor's Plan of Reorganization Dated December 23, 1992, as Modified, and Motion to Designate Vote of United Savings Association of Texas under § 1126(e). The following decision constitutes the court's findings of fact and conclusions of law on both matters.


    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy No. 90-51358-C
  4. In Re Guttierez (2000)

    This memorandum opinion details the facts and circumstances of a petition preparer in San Antonio, Texas. The opinion also explains why, as a matter of law, petition preparers can never offer more than mere scrivening/typing services, and why 11 U.S.C. § 110 is expressly not a congressional authorization for a new kind of "profession." Thus, petition preparers can not charge for any "special services" beyond mere typing service. Petition preparers who purport to offer any service beyond [...]

    Court: Bankruptcy Court for the Western District of Texas Docket: 99-53034-C
  5. In Re Reed (1995)

    CAME ON for consideration the foregoing matter. John Patrick Lowe, the chapter seven trustee ("Trustee"), has brought this adversary proceeding to avoid postpetition transfers of property of the estate under section 549 of the Bankruptcy Code and for recovery of property under section 550 from Phillip A. Yochem, Gray Realty, Brown Beasley & Associates, Thomas B. Ewbank, Jerry Lee Reed and Thomas R. McDade and Dorothy A. McDade (the "Defendants"). Both parties filed motions for summary [...]

    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy No. 91-50474. Adv. No. 94-5116
  6. In Re Simmons (1997)

    CAME ON for consideration the motion of defendants to dismiss this adversary proceeding, brought by a former chapter 11 debtor post-confirmation alleging various state law claims against his former bankruptcy (and pre-bankruptcy) counsel. For the reasons stated in this opinion, we conclude that the federal district courts do have subject matter jurisdiction over those claims which relate to the representation of plaintiff during his prior bankruptcy filing. We further recommend that the [...]

    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy No. 95-50853, Adv. No. 96-5151C
  7. In Re Gatti's, Inc. (1994)

    Mr. Gatti's, Inc., ("Debtor") is a national franchisor of pizza restaurants. It filed a voluntary Chapter 11 petition on October 10, 1991. James B. Mills, Trustee and Karen D. Mills (hereafter collectively referred to as "claimant") are lessors of real property, whose previously unexpired lease was rejected in this case by the Debtor. Their proof of claim, as amended, seeks $97,200.00 in damages.[1] The court has jurisdiction over this contested matter pursuant to 28 U.S.C. § 1334 and it is a [...]

    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy No. 91-13460-LK
  8. In Re American Solar King Corp. (1988)

    American Solar King Corporation ("ASK"), a publicly traded corporation with between four and five million dollars worth of unsecured debt, submitted its Second Amended Plan of Reorganization for confirmation on July 7, 1988. The company had manufactured and marketed a solar panel heat cogeneration unit, relying on perceived federal tax benefits to raise the capital for the manufacture and installation of the units from limited partnerships formed to "acquire" the solar heating units.[1] ASK [...]

    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy No. 6-86-00527
  9. In Re Haga (1991)

    This Court has jurisdiction of this case pursuant to 28 U.S.C. § 1334(b) and (d), 28 U.S.C. § 157(a) and (b)(1) and the standing Order of Reference existing in this District. This adversary proceeding is a core proceeding under 28 U.S.C. § 157(b)(2)(I). This Memorandum Opinion constitutes the Court's Findings of Fact and Conclusions of Law pursuant to Bankruptcy Rule 7052.


    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy No. 88-13831-LK, Adv. No. 90-1326-LK
  10. In Re Fairchild Aircraft Corp. (1995)

    James A. Hoffman, Clemens and Spencer, San Antonio, TX, Donald R. Anderson, Dennis M. Hill, Phillip G. Pampillo, Drew Eckel & Farnham, Atlanta, GA, for defendants Ins. Co. of North America, Eastern Foods, Inc. and Hooters of America, Inc.


    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy No. 90-50257. Adv. No. 94-5113
  11. In Re Phillips (1991)

    CAME ON for hearing the Rule 12(b)(6) motion of the Federal Deposit Insurance Corporation, in its corporate capacity liquidating Charles Schreiner Bank, N.A. to dismiss the complaint for failure to state a claim upon which relief can be granted. Subsequent to the hearing, the parties submitted briefs. Upon consideration thereof, the court makes the following findings and conclusions.


    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy No. 90-51042-C, Adv. No. 90-5245-C
  12. In Re Montgomery (1987)

    W.K. Montgomery was in the construction business. He filed for bankruptcy under chapter 7. In his schedules, he listed under property claimed as exempt (Schedule B-4), the following real property:


    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy No. 87-50565-C-7
  13. In Re Melenyzer (1992)

    CAME ON for hearing, the objections of Creditor George A. Benz to the Trustee's Final Report and Accounting. For the reasons discussed herein, the court finds and concludes that Creditor Benz' objections should be SUSTAINED IN PART and OVERRULED IN PART.


    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy No. 5-85-00338C
  14. In Re Barfknecht (2007)

    CAME ON for hearing on September 20, 2007 the confirmation of the two foregoing chapter 13 plans. At issue is whether Social Security benefits (including supplemental security income benefits for a disabled person) must be included when calculating a below-median income debtor's projected disposable income for purposes of section 1325(b) of Title 11. If it does not, the next question is whether the benefits should be included anyway, on grounds that not including it constitutes bad faith under [...]

    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy Nos. 07-51766-LMC, 07-51359-LMC
  15. In Re Fairchild Aircraft Corp. (1998)

    James A. Hoffman, Clemens & Spencer, San Antonio, TX, Donald R. Anderson, Dennis M. Hill, Phillip G. Pampillo, Drew Eckel & Farnham, Atlan, GA, for Ins. Co. of North America, Eastern Foods, Inc., and Hoot of America, Inc.


    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy No. 90-50257, Adversary No. 94-5113
  16. In Re Applegate Property, Ltd. (1991)

    CAME ON for consideration the Motion of the Resolution Trust Corporation, as Conservator for Commonwealth Savings Association, to Strike Debtor's Third Amended and Restated Disclosure Statement and Third Amended and Restated Plan of Reorganization and Motion to Strike Votes of Debtor, together with the Objections thereto by the Debtor. This is the court's decision thereon.[1]


    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy No. 90-50995-C
  17. In Re Herberman (1990)

    This decision addresses the issue whether income accruing to an individual debtor during the course of a chapter 11 bankruptcy from his operation of a service oriented sole proprietorship is property of the estate. The creditors assert that all income accruing to the debtor post-petition and pre-confirmation is property of the estate. The debtor maintains that all income from services provided by the individual debtor is excluded from the estate by Section 541(a)(6) of the Bankruptcy Code.

    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy No. 90-30141-C
  18. In Re HLW Enterprises of Texas, Inc. (1993)

    PMSI-Wurzbach, Inc. ("PMSI") is the owner of a parcel of real property located in Bexar County, Texas. PMSI contracted with Jack Raus, Inc. ("Raus") to construct a mini-storage warehouse on its real property (the "Project"). Raus subcontracted with HLW Enterprises of Texas, Inc. ("HLW"), the debtor in this chapter 7 case, for HLW to supply all the labor and material necessary to complete certain concrete work on the Project. Between April and June 1991, Vulcan Materials Company ("Vulcan") [...]

    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy No. 91-54681-LMC, Adv. No. 92-5210-LMC
  19. In Re Mr. Gatti's, Inc. (1994)

    This case raises questions of first impression in this court regarding the interpretation of 11 U.S.C. § 365(d)(3). The Debtor, Mr. Gatti's, Inc., objects to the Motion For Allowance of Administrative Priority Expense filed by Centennial Mortgage Corp. ("Centennial"). Centennial seeks to obtain an administrative claim for unpaid rent on a lease of real property, when the property was not used by the Debtor post-petition and where the lease has been rejected in this bankruptcy proceeding.

    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy No. 91-13460-LK
  20. In Re Swift (1991)

    CAME ON for consideration the Trustee's Objection to Debtor's Claim of Exemptions and Amended Claim of Exemptions, GNA Life Insurance Companies Joinder Objection to Debtor's Claim of Exemptions and The Bank of San Antonio's Joinder Objection and Supplemental Objection to Debtor's Claim of Exemptions and Amended Claim of Exemptions. Also heard was Debtor's Motion to Avoid Judicial Liens, Debtor's Motion for More Definite Statement, and Debtor's Motion for Summary Judgment. Upon consideration of [...]

    Court: Bankruptcy Court for the Western District of Texas Docket: Bankruptcy No. 90-51894-C

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