95-43943

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.

05-3465

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.

04-3618

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)

04-41332

The Rooker-Feldman doctrine prohibits a court from reviewing a default judgment nunc pro tunc.

06-03158

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.

05-3772

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.

05-3772

Bankruptcy jurisdiction is not automatically extinguished upon the confirmation of a plan.

06-3556

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.

05-36446

A court has jurisdiction over a turnover motion under a post-dismissal analysis.

04-40504

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.

07-3501

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.

07-03421

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.

07-3421

The Court concluded that the plaintiff would suffer undue financial hardship if its request for alternative security was denied.

07-30424

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.

08-32362

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.

08-34031

The Court did not authorize the transfer of the debtor's interest in an oil and gas lease for no consideration

07-32437

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.

08-20368

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.

08-34031

The burden of persuasion and of going forward with respect to the estimation of a claim lies with the party asserting the claim.

08-32362

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.

08-03279

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).

09-33872

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.

09-03067

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.

09-32957

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.

07-32437

The Court denied fees and ordered disgorgement due to a number of failures by the law firm.

09-03202

The Court concluded that mandatory abstention, or in the alternative, permissive abstention, applied and thus remanded the adversary proceeded to Texas state court.

09-32957

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.

09-33872

Attorney's fees and U.S. Trustee fees may not be paid out of a debtor's cash collateral.

09-32957

"Lumping" of fees will result in an attorney's fees being reduced.

08-03299

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).

09-38188

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.

09-03445

The Court discussed the applicability of non-competition clauses in the context of competing summary judgment motions.

08-32362

The Court estimated claims in the context of alleged usury causes of action.

09-03335

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.

09-37642

Corporations with no assets should not file a Chapter 7 petition because neither of the twin pillars of bankruptcy can be achieved.

10-03029

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.

09-35759

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.

08-36584

The Court did not allow an individual Chapter 11 debtor to employ special counsel so that the debtor could modify a final divorce decree.

09-03267

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.

09-36638

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.

09-38188

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.

09-38188

The Court would not allow the reopening of a fairly conducted auction simply because a higher bid came in after the auction had closed.

10-03150

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.

08-36084

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.

08-36084

The Court granted the litigation trustee's request for a direct certification to the United States Court of Appeals for the Fifth Circuit.

10-03150

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.

10-03029

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.

09-36638

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.

12-33299

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.