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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).
Practice Area: Bankruptcy / Debt
Date: 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.
Description: Creditor filed a lawsuit claiming that Debtor, a shareholder of Chrysalis, a Corporation, was... more
Oparaji v. Wells Fargo Bank, 454 B.R. 725 (Bankr. S.D. Tex. 2010), affirmed, 458 B.R. 881 (S.D. Tex 2011).
Practice Area: Bankruptcy / Chapter 13
Date: 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.
Description: Plaintiff Chapter 7 debtor filed a motion for summary judgment on his claim that defendant creditor... more
Endeavour GP, LLC v. Endeavour Highrise, L.P., et al, 432 B.R. 583 (Bankr. S.D. Tex. 7/13/10).
Practice Area: Bankruptcy / Chapter 11
Date: 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
Description: Is an IRA Account a proper party that may be named as a party in a lawsuit?
In Re: Gonzalez, 388 B.R. 292 (Bankr. S.D. Tex. 6/18/08).
Practice Area: Bankruptcy / Chapter 13
Date: Jun 18, 2008
Outcome: The Court answered the question “no.†Debtors may not claim a Form B22C mortgage payment deduction for a home that they intend to surrender.
Description: Debtors intended to retain and pay the mortgage debt on their home at the time they filed for... more
In Re: Beacher, 358 B.R. 917 (Bankr. S.D. Tex. 1/26/07)
Practice Area: Bankruptcy / Chapter 7
Date: 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.
Description: Debtors, whose debts were primarily non-consumer (business) debts, filed a motion requesting the... more
In Re: Ortiz, 2006 Bankr. Lexis 2797 (Bankr. S.D. Tex. 10/13/06).
Practice Area: Bankruptcy / Chapter 7
Date: Oct 13, 2006
Outcome: Mr. Oriz was sanctioned for abusive Chapter 7 case filing.
Description: Mr. Ortiz, a licensed Texas attorney, filed a pro se bankruptcy petition that was dismissed with... more
In Re: Tirey, 350 B.R. 62 (Bankr. S.D. Tex. 3/31/06).
Practice Area: Bankruptcy / Chapter 13
Date: Mar 31, 2006
Outcome: Result: BC §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.
Description: Bench trial involved following issue: Is a mobile home, connected to utilities, on blocks and... more
In Re: Hopson, 324 B.R. 284 (S.D. Tex. 1/18/05).
Practice Area: Bankruptcy / Debt
Date: 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 § 1329.
Description: Appeal of bankruptcy court judgment holding that debtor’s former attorney, who was the holder of... more
Safeco Ins. Co. of America v. Rehabilitation Specialists, Inc., 93-2327 (5th Cir. 1994), cert denied, 513 U.S. 929 (1994).
Practice Area: Construction / Development
Date: 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.
Description: Appeal of take nothing judgment issued by trial n favor of defendants on breach of contract and... more
Protechnics Inter., Inc. v. Tru-Tag Systems, Inc., 843 S.W.2d 734 (Tex. App. - Houston [14th Dist.] 1992, no writ).
Practice Area: Employment / Labor
Date: 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.
Description: Appeal from a trial court judgment: (1) dismissing petition for injunction, (2) finding non-compete... more