Louisiana

Hanks, In re

Ruling: 
Motion to dismiss granted where student loan expenses were not "special circumstances" anddid not overcome the presumption of abuse under 11 U.S.C. § 707(b)(2). (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on July 20,2020, LexisNexis #0920-016

First NBC Bank Holding Co., In re

Ruling: 
Plan was confirmed as it did not violate the absolute priority rule where Treasury retained allof its pre-petition rights and was not losing any right to payment under the plan. (Bankr. E.D.La.)
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Commercial case opionion summary, case decided on May 01,2020, LexisNexis #0620-096

Beauboeuf, In re

Ruling: 
Motion to prepay plan payments was granted as the motion made no changes to the plan andtherefore was not a modification. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-072

Lymon, In re--Murphy Oil USA, Inc. v. Lymon

Ruling: 
Judicial estoppel foreclosed debtor from pursuing unscheduled state court action. (Bankr. E.D.La.)
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Consumer case opionion summary, case decided on January 15,2020, LexisNexis #0220-087

Digirolamo, In re

Ruling: 
Debtor's objection to creditor's claim was sustained as creditor failed to prove that the conductin question was a cause-in-fact of the resulting harm. (Bankr. M.D. La.)
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Consumer case opionion summary, case decided on January 06,2020, LexisNexis #0220-036

Whistler Energy II, LLC, In re--Lefoldt v. Nabors Offshore Corp.

Ruling: 
Payments made pursuant to drilling contract were protected from avoidance by the ordinarycourse of business defense. (Bankr. E.D. La.)
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Commercial case opionion summary, case decided on November 04,2019, LexisNexis #1219-069

Louisiana Pellets, In re

Ruling: 
Trustee could not prevail on the constructive fraudulent transfer claim as debtor receivedreasonably equivalent value for its payments to the transferee. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on June 20,2019, LexisNexis #0819-093

Friede Goldman Halter, Inc., In re--Lewis v. Anco Insulations, Inc.

Ruling: 
Court permissively abstained from hearing creditor's case as equitable considerations madelitigation in the creditor's chosen forum the optimal solution. (Bankr. M.D. La.)
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Commercial case opionion summary, case decided on June 10,2019, LexisNexis #0819-074

Hickerson, In re--Tower Credit, Inc. v. Hickerson

Ruling: 
Creditor's nondischargeability claim dismissed where it failed to prove that it reasonablyrelied on debtor's loan applications. (Bankr. M.D. La.)
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Consumer case opionion summary, case decided on May 30,2019, LexisNexis #0819-036

Summage, In re

Ruling: 
Petitioner was not entitled to the unclaimed funds paid into the court as he was not the"rightful owner" with the right thereto. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on May 21,2019, LexisNexis #0819-003

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