Distinguishing a precedent from his own district and disagreeing with the Fourth Circuit, Judge Craig Gargotta has ruled that non-dischargeability only applies to human Subchapter V debtors. Adv. No. 22-5052, Avion Funding, LLC v. GFS Industries, LLC (Bankr. W.D. Tex. 11/10/2022). The decision can be found here.
No attorney wants to see his name mentioned prominently in an opinion. However, if it has to happen, it's better if its something like this: "Chance McGhee is an experienced and competent attorney that has practiced consumer bankruptcy law for many years." Adv. No. 21-5036; Wilson v. Silva (In re Silva) (Bankr. W.D. Tex. 5/19/2022). The opinion can be found here. As the opinion lays out, Mr.
Divorce can be both expensive and traumatic for the parties going through it but in a few states, it can be expensive for the outside party causing the divorce. As one Texas debtor recently found out, causing a marriage to crumble in North Carolina can result in a non-dischargeable debt. King v. Huizar (In re King), No. 19-5007 (Bankr. W.D. Tex.
A living trust is a legal document that states who you want to manage and distribute your assets if you're unable to do so, and who receives them when you pass away.
Last year, the Supreme Court ruled on a case involving a claim that a party was a non-statutory insider without ever deciding what legal test should apply. U.S. Bank National Association v. The Village at Lakeridge, LLC, 138 S.Ct.
After sorting through conflicting precedents, Judge Craig Gargotta has ruled that a chapter 7 debtor who owned a homestead property on the date of bankruptcy and claimed the property as exempt did not lose the exemption when the property was sold and proceeds were not reinvested within six months. Lowe v. DeBerry (In re Deberry), Adv. No. 15-5054 (Bankr. W.D. Tex.
This is a paper that I did for the Austin Bar Association summarizing the Texas cases applying Stern v. Marshall to date. Please note that where the holding is indented, I am directly quoting the opinion. I also used the following key for highlighting certain decisions:
