- 11 U.S.C.
Simpson, In re
Jun
01
2020
Ruling
Motion to amend plan was granted as debtors' performance to date, projections, and lack ofdiminution of any claim showed that the debtors had satisfied the feasibility test at §1225(a)(3). (Bankr. D. Vt.)
Issue(s)
Confirmation of Plan; Conditions; Plan Proposed in Good Faith.
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- 11 U.S.C.
Whistler Energy II, LLC, In re--Lefoldt v. Nabors Offshore Corp.
Nov
04
2019
Ruling
Payments made pursuant to drilling contract were protected from avoidance by the ordinarycourse of business defense. (Bankr. E.D. La.)
Issue(s)
Preferences.
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:
- 11 U.S.C.
Gaddis, In re--Enmon Enters., LLC v. Gaddis
Apr
10
2019
Ruling
Creditor prevailed in showing that debtor committed fraud and breach of contract with respectto his attempted procurement of restaurant contract. (Bankr. E.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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:
- 11 U.S.C.
Diaz, In re--Rivera-Fulton v. Jefferson Fin. Federal Credit Union
Feb
13
2019
Ruling
Trustee was entitled to recover attorney's fees from the credit union where credit union citedno authority requiring the trustee to seek recovery from the attorney. (Bankr. E.D. La.)
Issue(s)
Preferences.
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:
- 11 U.S.C.
Angeron, In re
Dec
13
2018
Ruling
Court could not confirm plan as the new value proposed was not reasonably equivalent to the scheduled value of the property to be retained. (Bankr. E.D. La.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Unsecured Claims.
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- 11 U.S.C.
Fisher, In re
Nov
20
2018
Ruling
Extension of stay was not warranted as debtor failed to rebut the presumption that case wasfiled in bad faith. (Bankr. D. Vt.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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- 11 U.S.C.
Goodrich, In re
Sep
24
2018
Ruling
Automatic stay extended beyond 30 days from the date debtor filed his petition as he demonstrated that he filed his second case in good faith with clear and convincing evidence. (Bankr. D. Vt.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.
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:
- 11 U.S.C.
Copsync, Inc., In re
Sep
21
2018
Ruling
Amended plan of liquidation was confirmable as it satisfied the applicable provisions of the bankruptcy code. (Bankr. E.D. La.)
Issue(s)
Confirmation of Plan.
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- 11 U.S.C.
Goodrich, In re
Jul
20
2018
Ruling
Court adopted the Minority Approach, construing § 362(c)(3)(A) to terminate the stay entirely unless the debtor or another party in interest makes the requisite showing, and court orders otherwise, within 30 days of the date the debtor filed the second case. (Bankr. D. Vt.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case; Termination of Stay on 30th Day.
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Hartner, In re
Jun
25
2018
Ruling
It was reasonable for trustee to relinquish the estate's interest in exchange for a withdrawalof creditors’ claim for reimbursement as debtor’s interest in the partnerships had no materialvalue to the estate. (Bankr. D. Or.)
Issue(s)
Compromise and Arbitration; Compromise.
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