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Judge Bohm Chapter 11 Opinions and Orders
Date: 
03/08/05
Case Title:
Case #: 
95-43943
Description: 
Even when the IRS filed an untimely proof of claim, a portion of the IRS's late filed proof of claim (constituting a priority claim) must have been paid in full before the Chapter 7 trustee could make any distributions to allowed unsecured claims.
Date: 
01/26/06
Case Title:
Case #: 
05-3465
Description: 
In finding that forum shopping occurred, the Court concluded that it did not have post-confirmation jurisdiction over the proceeding and, even if it did, concluded that permissive abstention was appropriate.
Date: 
02/07/06
Case Title:
Case #: 
04-3618
Description: 
The Court prevented discharge of a disputed debt (relating to a promised percentage of a contingency fee from a lawsuit) because the debtor engaged in embezzlement and committed willful and malicious injury pursuant to 11 USC 523(a)
Date: 
08/25/06
Case Title:
Case #: 
04-41332
Description: 
The Rooker-Feldman doctrine prohibits a court from reviewing a default judgment nunc pro tunc.
Date: 
09/11/06
Case Title:  
Case #: 
06-03158
Description: 
A stock purchase agreement was not null and void because the Court concluded that the third-party did not deceive the debtor into entering into the stock purchase agreement.
Date: 
10/05/06
Case Title:
Case #: 
05-3772
Description: 
The Court's Report and Recommendation to the United States District Court recommended for the withdrawal of the referral order referring the adversary proceeding to this Court.
Date: 
10/05/06
Case Title:
Case #: 
05-3772
Description: 
Bankruptcy jurisdiction is not automatically extinguished upon the confirmation of a plan.
Date: 
12/22/06
Case Title:
Case #: 
06-3556
Description: 
Filing a post-plan-confirmation suit in violation of a bankruptcy plan may result in this Court issuing a post-confirmation injunction against such filings.
Date: 
01/23/07
Case Title:
Case #: 
05-36446
Description: 
A court has jurisdiction over a turnover motion under a post-dismissal analysis.
Date: 
01/08/08
Case Title:
Case #: 
04-40504
Description: 
The decision to award costs under Bankruptcy Rule 7054(b) is wholly within the Court's discretion, consider such factors as bad faith by the prevailing party in incurring unnecessary costs and the inability of the debtor to afford the costs of the prevailing party.
Date: 
04/17/08
Case Title:
Case #: 
07-3501
Description: 
A court has post-confirmation subject matter jurisdiction when the issue in an adversary proceeding relates to the interpretation, implementation, execution, and integrity of a plan, confirmation order, disclosure statement, and agreed order to sell.
Date: 
06/05/08
Case Title:
Case #: 
07-03421
Description: 
A contract was found to have never been valid or enforceable, thus the debtor was entitled to the return of the earnest money associated with the contract. Moreover, failure filing of and refusal to remove a memorandum of contract constituted slander of title and tortious interference with an existing contract.
Date: 
07/21/08
Case Title:
Case #: 
07-3421
Description: 
The Court concluded that the plaintiff would suffer undue financial hardship if its request for alternative security was denied.
Date: 
09/24/08
Case Title:
Case #: 
07-30424
Description: 
The Court concluded that it had post-confirmation jurisdiction to resolve pre-confirmation relations between the parties, and because the debtor sought to enforce the settlement rather than assert a claim against the assignor's estate, its motion did not violate the stay in the assignor's bankruptcy. Finally, a company's indication that it might not perform under a settlement creates a live controversy.
Date: 
10/14/08
Case Title:
Case #: 
08-32362
Description: 
Because liened property may be abandoned by the estate directly to the mortgagee in full satisfaction of its secured claim only through confirmation of a plan, the debtor was allowed to abandon property, but the bank was allowed to foreclose its lien on the property and thereafter amend its proof of claim setting forth that it has an unsecured claim for the amount of the deficiency, if any.
Date: 
11/12/08
Case Title:
Case #: 
08-34031
Description: 
The Court did not authorize the transfer of the debtor's interest in an oil and gas lease for no consideration
Date: 
1/20/09
Case Title:
Case #: 
07-32437
Description: 
The Court noted that not only do litigants take great risk in opposing confirmation of a plan "on the cheap," but also held that a party was neither a "creditor" under 11 U.S.C. 101(10)(B), nor a party in interest under 11 U.S.C. 1109(b) where that party had a first lien on the property that belonged to a partner of the debtor. Even if that party's second lien on the debtor's property was valid, it could never have held an unsecured claim because the debtor did not sign the promissory note.
Date: 
03/04/09
Case Title:
Case #: 
08-20368
Description: 
An individual may not represent a distinct group of unsecured creditors in a Chapter 11 case simply by virtue of his appointment as an "unsecured creditor agent" in the confirmed plan in a prior case.
Date: 
03/18/09
Case Title:
Case #: 
08-34031
Description: 
The burden of persuasion and of going forward with respect to the estimation of a claim lies with the party asserting the claim.
Date: 
04/21/09
Case Title:
Case #: 
08-32362
Description: 
Simply because a prospectus does not contain a prominent warning that the general partner's broad management authority would cause problems for the partnership does not translate to securities fraud for the general partner's powers were conspicuously disclosed in that prospectus.
Date: 
07/07/09
Case Title:
Case #: 
08-03279
Description: 
In order to prevail on a fraudulent conveyance cause of action, a trustee must either satisfy the requirements under 11 U.S.C. 548(a)(1)(B) or Tex. Bus and Commerce Code 24.006(a).
Date: 
07/22/09
Case Title:
Case #: 
09-33872
Description: 
The loan documents in this case contemplated a collateral assignment of the rental income and that, therefore, the rental income constitutes cash collateral of the debtor generating the rents.
Date: 
07/24/09
Case Title:
Case #: 
09-03067
Description: 
The Court granted the debtor's motion to quash the adversary defendant's request for discovery because the defendant served its request nine days before the deadline the court set for the parties to complete discovery, failing to give the debtor the full 30 days to respond as allowed by the federal rules.
Date: 
07/28/09
Case Title:
Case #: 
09-32957
Description: 
The Court denied the applications to employ two different investment banking firms because with their exorbitant costs, they failed to show how they would provide a tangible, identifiable, material benefit to the estate.
Date: 
08/07/09
Case Title:
Case #: 
07-32437
Description: 
The Court denied fees and ordered disgorgement due to a number of failures by the law firm.
Date: 
08/24/09
Case Title:
Case #: 
09-03202
Description: 
The Court concluded that mandatory abstention, or in the alternative, permissive abstention, applied and thus remanded the adversary proceeded to Texas state court.
Date: 
09/15/09
Case Title:
Case #: 
09-32957
Description: 
The Court reiterated its opinion that and declined to reconsider its prior ruling that an investment bank's fees were exorbitant and that no proof was given that the bank would provide a tangible, identifiable, material benefit to the estate.
Date: 
09/17/09
Case Title:
Case #: 
09-33872
Description: 
Attorney's fees and U.S. Trustee fees may not be paid out of a debtor's cash collateral.
Date: 
12/31/09
Case Title:
Case #: 
09-32957
Description: 
"Lumping" of fees will result in an attorney's fees being reduced.
Date: 
02/03/10
Case Title:
Case #: 
08-03299
Description: 
After a 12 day trial, the Court found debts relating to breach of contract and defamation non-dischargeable pursuant to 11 U.S.C. 523(a)(6).
Date: 
02/09/10
Case Title:
Case #: 
09-38188
Description: 
While the Court approved the employment of the financial advisor, the Court went out of its way to voice its disapproval of the use of a tail fee.
Date: 
02/16/10
Case Title:
Case #: 
09-03445
Description: 
The Court discussed the applicability of non-competition clauses in the context of competing summary judgment motions.
Date: 
02/24/10
Case Title:
Case #: 
08-32362
Description: 
The Court estimated claims in the context of alleged usury causes of action.
Date: 
03/12/10
Case Title:
Case #: 
09-03335
Description: 
A party waives its right to a jury trial by counter-cross-claiming against the Chapter 11 trustee for "arguable property of the bankruptcy estate.
Date: 
03/22/10
Case Title:
Case #: 
09-37642
Description: 
Corporations with no assets should not file a Chapter 7 petition because neither of the twin pillars of bankruptcy can be achieved.
Date: 
05/18/10
Case Title:
Case #: 
10-03029
Description: 
This Memorandum Opinion addresses the application of the recently Federal Rule of Civil Procedure 15, as well ad discusses the importance of lenders carefully drafting the orders approving post-petition financing and the debtor's use of cash collateral so that these orders serve as a bar to third parties from subsequently challenging the acquired liens.
Date: 
06/09/10
Case Title:
Case #: 
09-35759
Description: 
The Memorandum Opinion addresses issues relating to trade fixtures, removables, mechanic's liens, and leases. Specifically, the Court concluded that the electrical equipment was a trade fixture, not a physical addition or improvement.
Date: 
06/10/10
Case Title:
Case #: 
08-36584
Description: 
The Court did not allow an individual Chapter 11 debtor to employ special counsel so that the debtor could modify a final divorce decree.
Date: 
07/13/10
Case Title:
Case #: 
09-03267
Description: 
The bankruptcy court had jurisdiction over escrowed funds for the purchase of debtor's condominium development units because "arguable" property of the estate is treated as property of the estate.
Date: 
09/03/10
Case Title:
Case #: 
09-36638
Description: 
A debtor's lease did not terminate for reasons of cessation of production because proper shut-in royalties were tendered and the pipeline operator refused to transport the debtor's gas.
Date: 
11/24/10
Case Title:
Case #: 
09-38188
Description: 
The Court approved the debtors' Chapter 11 plan after language in the plan was removed that allowed for releases in violation of 11 U.S.C. 524.
Date: 
12/15/10
Case Title:
Case #: 
09-38188
Description: 
The Court would not allow the reopening of a fairly conducted auction simply because a higher bid came in after the auction had closed.
Date: 
01/13/11
Case Title:
Case #: 
10-03150
Description: 
Without ruling on the merits of the case, the Court analyzed whether various causes of action were direct or derivative, which subsequently determined whether the cause of action was dismissed with or without prejudice.
Date: 
02/28/11
Case Title:
Case #: 
08-36084
Description: 
The Court held that the language in the plan did not satisfy the standard established by the Fifth Circuit for reserving post confirmation causes of action.  Therfore, the litigation trustee did not have standing to prosecute the suits, and the Court lacked subject matter jurisdiction over the suits.  The suit were dismissed.
Date: 
02/28/11
Case Title:
Case #: 
08-36084
Description: 
The Court granted the litigation trustee's request for a direct certification to the United States Court of Appeals for the Fifth Circuit.
Date: 
03/31/11
Case Title:
Case #: 
10-03150
Description: 
The Court determined the amount of reasonable attorneys' fees to award as a sanction for the plaintiffs' bad faith conduct in filing a state court petition in contravention of the plan and confirmation order.
Date: 
06/09/11
Case Title:
Case #: 
10-03029
Description: 
The Court declined to award the defendant attorneys' fees and costs under either Texas Civil Practice and Remedies Code or the Federal Declaratory Judgment Act because: (1) the plaintiffs pled for declaratory relief pursuant to the Federal Declaratory Judgment Act, making the Texas code inappliacble; (2) Fifth Circuit law indicates that the Texas Declaratory Judgment Act is not available in federal bankruptcy court; and (3) the Federal Declaratory Judgment Act does not by itself provide a basis for awarding attorneys' fees . The defendants needed to prove bad faith, vexation, wantonness, or oppression. This, the defendants did not do.
Date: 
06/17/11
Case Title:
Case #: 
09-36638
Description: 
In concluding that debtor's counsel provided a tangible, identifiable, material benefit to the estate, the Court evaluated all of the services provided, not just services related to the disposition of certain assets of the estate. Accordingly, the fee application was granted.
Date: 
10/26/12
Case Title: 
Case #: 
12-33299
 
Description: 
A forum selection clause in the contract between the debtor and Centurion, which the debtor assumed in its bankruptcy, was enforceable.  Centurion did not waive its right to enforce the forum selection clause by filing an administrative claim in the debtor's bankruptcy.
Date: 
10/26/12
Case Title: 
Case #: 
12-33299
 
Description: 
A forum selection clause in the contract between the debtor and Centurion, which the debtor assumed in its bankruptcy, was enforceable.  Centurion did not waive its right to enforce the forum selection clause by filing an administrative claim in the debtor's bankruptcy.
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