Feb
15
2023
Terry Graham Trucking Inc., In re
Ruling:
Order of relief against involuntary debtor was warranted as the petitioners met their burden for filing the petition. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on February 15,2023, LexisNexis #0423-028
Nov
29
2022
McDavid, In re--McDavid v. McDavid
Ruling:
Complaint did not state a plausible claim for violation of the automatic stay as the property atissue was not property of the estate and it failed to plead all necessary elements. (Bankr. W.D.La.)
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Consumer case opionion summary, case decided on November 29,2022, LexisNexis #0123-090
Oct
12
2022
Marioneaux, In re
Ruling:
Trustee properly exercised his reasonable business judgment to determine that the benefits ofthe settlement outweighed its costs. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on October 12,2022, LexisNexis #1222-075
Sep
30
2022
Simon, In re--Harrison v. Simon
Ruling:
Debtor did not meet his burden of proving his lack of intent to hinder, delay or defraudcreditors by allowing his share of an LLC's sale proceeds to be given to his brother and byconcealing the transfer from the trustee and his creditors. (Bankr. M.D. La.)
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Consumer case opionion summary, case decided on September 30,2022, LexisNexis #1222-058
Aug
31
2022
Roman Catholic Church of the Archdiocese of New Orleans, n re
Ruling:
Debtor diocese failed to carry its burden of showing necessity for post-petition payment ofpre-petition general maintenance obligations to retired priests credibly accused of abuse.(Bankr. E.D. La.)
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Commercial case opionion summary, case decided on August 31,2022, LexisNexis #1122-020
Aug
24
2022
McConathy, In re
Ruling:
Sanctions imposed on debtor's counsel for violation of the automatic stay reduced to reflectfees incurred solely due to the violation of the automatic stay and for such fees that werereasonable. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on August 24,2022, LexisNexis #1022-076
Aug
24
2022
Seven Three Distilling Co., LLC, In re
Ruling:
Fees for legal work performed by a law firm during the "gap" period did not qualify forpriority treatment as the work did not arise in the ordinary course of a debtor's business.(Bankr. E.D. La.)
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Commercial case opionion summary, case decided on August 24,2022, LexisNexis #1022-071
Aug
01
2022
Westbank Holdings, LLC, In re
Ruling:
Chapter 11 trustee appointed as the continuation of current management would result inserious conflicts of interest and further financial distress to the debtors. (Bankr. E.D. La.)
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Commercial case opionion summary, case decided on August 01,2022, LexisNexis #0922-094
Jul
29
2022
German Pellets La., LLC, In re--Jalbert v. Raymond James & Assocs.
Ruling:
Pre-petition indemnity claims were discharged by the confirmed Chapter 11 plan wheredefendants had actual knowledge of the bankruptcy proceeding and did not file a proof ofclaim. (Bankr. W.D. La.)
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Commercial case opionion summary, case decided on July 29,2022, LexisNexis #0922-058
Jul
22
2022
W Res., In re
Ruling:
Sale was approved after a hearing properly and timely noticed as all transactionscontemplated under the terms of the sale were specifically enforceable against and bindingupon, and not subject to rejection or avoidance by the trustee. (Bankr. M.D. La.)
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Consumer case opionion summary, case decided on July 22,2022, LexisNexis #0922-028
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