Attorney William David Weber's Legal Cases

Bankruptcy and debt

Husky Int'l Elecs., Inc. v. Ritz, 459 B.R. 623 (Bankr. S.D. Tex. 8/4/11), appeal pending, (4:11-CV-03020, S.D. Tex. 2012).

Aug 04, 2011

OUTCOME: The Court held that Debtor was not personally liable to Creditor, and that Creditor failed to prove that Debtor committed fraud, or had any fiduciary duty to creditor. Discharge was granted.

Creditor filed a lawsuit claiming that Debtor, a shareholder of Chrysalis, a Corporation, was personally liable for a contract debt owed by Chrysalis to Creditor. Creditor alleged theories of fraud, b ... reach of fiduciary duty, and willful injury to property.

Chapter 13 bankruptcy

Oparaji v. Wells Fargo Bank, 454 B.R. 725 (Bankr. S.D. Tex. 2010), affirmed, 458 B.R. 881 (S.D. Tex 2011).

Dec 10, 2010

OUTCOME: Creditor was judicially estopped from claiming charges or fees in a second bankruptcy case that were inconsistent with charges or fees claimed in a proof of claim filed in a prior, dismissed bankruptcy case.

Plaintiff Chapter 7 debtor filed a motion for summary judgment on his claim that defendant creditor should be judicially estopped from asserting charges that could have been, but were not, included in ... its proof of claim filed in debtor's previous bankruptcy case.

Chapter 11 bankruptcy

Endeavour GP, LLC v. Endeavour Highrise, L.P., et al, 432 B.R. 583 (Bankr. S.D. Tex. 7/13/10).

Jul 13, 2010

OUTCOME: Yes. if faced with the issue of an IRA's ability to be sued, the Texas Supreme Court would decide that IRAs should be treated like trusts

Is an IRA Account a proper party that may be named as a party in a lawsuit?

Chapter 13 bankruptcy

In Re: Gonzalez, 388 B.R. 292 (Bankr. S.D. Tex. 6/18/08).

Jun 18, 2008

OUTCOME: The Court answered the question â€œno.â€ Debtors may not claim a Form B22C mortgage payment deduction for a home that they intend to surrender.

Debtors intended to retain and pay the mortgage debt on their home at the time they filed for Chapter 13. Post petition, they changed their mind and surrendered the home. May Debtors still claim a Fo ... rm B22C deduction for the monthly home mortgage payments on the surrendered home?

Chapter 7 bankruptcy

In Re: Beacher, 358 B.R. 917 (Bankr. S.D. Tex. 1/26/07)

Jan 26, 2007

OUTCOME: Although BAPCPA requires all debtors to file Form B22A, the Court: (1) granted Debtors a waiver of that requirement; and (2) announced uniform Form B22A waiver procedures, applicable to all future cases filed in the Southern District of Texas.

Debtors, whose debts were primarily non-consumer (business) debts, filed a motion requesting the Court to relieve them of the obligation to file Form B22A (the BAPCPA means testing form).

Chapter 7 bankruptcy

In Re: Ortiz, 2006 Bankr. Lexis 2797 (Bankr. S.D. Tex. 10/13/06).

Oct 13, 2006

OUTCOME: Mr. Oriz was sanctioned for abusive Chapter 7 case filing.

Mr. Ortiz, a licensed Texas attorney, filed a pro se bankruptcy petition that was dismissed with prejudice for 180 days. he then filed a second pro se bankruptcy petition within 180 days of the date t ... he first case was dismissed, in violation of the dsimisssal order entered in the first case.

Chapter 13 bankruptcy

In Re: Tirey, 350 B.R. 62 (Bankr. S.D. Tex. 3/31/06).

Mar 31, 2006

OUTCOME: Result: BC Â§1322(b)(2) does not prohibit modification of secured claim against land and mobile home because at the time the home was purchased, Texas law provided that a mobile home was personal property unless it was permanently attached to the land.

Bench trial involved following issue: Is a mobile home, connected to utilities, on blocks and anchored to the ground, personal or real property under Texas law?

Bankruptcy and debt

In Re: Hopson, 324 B.R. 284 (S.D. Tex. 1/18/05).

Jan 18, 2005

OUTCOME: Reversed and remanded. The phrase "allowed unsecured claim" is not ambiguous. The holder of a priority administrative claims is the holder of an "allowed unsecured claim" within the meaning of Â§ 1329.

Appeal of bankruptcy court judgment holding that debtorâ€™s former attorney, who was the holder of a priority administrative claim: (1) was not the holder of an "allowed unsecured claim" within the mea ... ning of Bankruptcy Code Â§ 1329; and (2) lacked standing to propose a plan modification under Bankruptcy Code Â§ 1329.

Construction and development

Safeco Ins. Co. of America v. Rehabilitation Specialists, Inc., 93-2327 (5th Cir. 1994), cert denied, 513 U.S. 929 (1994).

Apr 07, 1994

OUTCOME: Reversed and rendered judgment against Defendant Baytown for $157,042 on breach of contract claims. Affirmed take nothing judgment against Safeco (bonding company) on payment bond claims.

Appeal of take nothing judgment issued by trial n favor of defendants on breach of contract and payment bond claims.

Employment and labor

Protechnics Inter., Inc. v. Tru-Tag Systems, Inc., 843 S.W.2d 734 (Tex. App. - Houston [14th Dist.] 1992, no writ).

Dec 10, 1992

OUTCOME: Judgment reformed to reflect that interest on appellate attorney's fees does not begin until the appellate court's judgment is final and affirmed in all other respects.

Appeal from a trial court judgment: (1) dismissing petition for injunction, (2) finding non-compete clause in employment agreement unenforceable, (3) awarding interest on prospective attorney's fees to ... accrue from the date of the judgment, (4) finding that technology did not constitute a trade secret, and (5) finding no breach of the employment agreement.

William David Weber's Legal Cases (12)

Husky Int'l Elecs., Inc. v. Ritz, 459 B.R. 623 (Bankr. S.D. Tex. 8/4/11), appeal pending, (4:11-CV-03020, S.D. Tex. 2012).

Oparaji v. Wells Fargo Bank, 454 B.R. 725 (Bankr. S.D. Tex. 2010), affirmed, 458 B.R. 881 (S.D. Tex 2011).

Endeavour GP, LLC v. Endeavour Highrise, L.P., et al, 432 B.R. 583 (Bankr. S.D. Tex. 7/13/10).

In Re: Gonzalez, 388 B.R. 292 (Bankr. S.D. Tex. 6/18/08).

In Re: Beacher, 358 B.R. 917 (Bankr. S.D. Tex. 1/26/07)

In Re: Ortiz, 2006 Bankr. Lexis 2797 (Bankr. S.D. Tex. 10/13/06).

In Re: Tirey, 350 B.R. 62 (Bankr. S.D. Tex. 3/31/06).

In Re: Hopson, 324 B.R. 284 (S.D. Tex. 1/18/05).

Safeco Ins. Co. of America v. Rehabilitation Specialists, Inc., 93-2327 (5th Cir. 1994), cert denied, 513 U.S. 929 (1994).

Protechnics Inter., Inc. v. Tru-Tag Systems, Inc., 843 S.W.2d 734 (Tex. App. - Houston [14th Dist.] 1992, no writ).