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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.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on September 30, 2022 , LexisNexis #1222-058

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.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any

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Consumer opinion summary, case decided on July 22, 2022 , LexisNexis #0922-028

Louisiana Highway St. Gabriel, LLC, In re

Ruling
Summary judgment was granted as to validity of three mortgages but denied on equitableestoppel issue as there was a genuine issue of material fact. (Bankr. M.D. La.)
Issue(s)
Summary Judgment.

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Commercial opinion summary, case decided on June 27, 2022 , LexisNexis #0822-049

Badeaux, In re--Playa Shirley, LLC v. Badeaux

Ruling
Damages awarded to plaintiffs in state court judgment were nondischargeable as recordsupported a finding that defendant debtor did not own the Texas properties for which hesought the plaintiffs' investment. (Bankr. E.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on April 12, 2022 , LexisNexis #0622-031

Commons, LLC, In re

Ruling
Creditor was entitled to relief from the automatic stay to foreclose on property as debtor failedto make any adequate protection payments for four months, lacked equity in the property andwas unable to propose an effective plan of reorganization. (Bankr. M.D. La.)
Issue(s)
Automatic Stay; Relief from Stay.

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Commercial opinion summary, case decided on April 05, 2021 , LexisNexis #0521-082

Dickerson, In re

Ruling
Motion to remove Chapter 7 trustee denied absent cause. (Bankr. M.D. La.)
Issue(s)
Removal of Trustee or Examiner; For Cause.

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Consumer opinion summary, case decided on September 01, 2020 , LexisNexis #1020-026

Dent, In re--Choice Credit, LLC v. Dent

Ruling
Debt owed to creditor nondischargeable on the basis that debtor failed to disclose outstanding payday loans on the loan application. (Bankr. M.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

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Court :
Consumer opinion summary, case decided on July 10, 2020 , LexisNexis #0820-061

Williams, In re

Ruling
Agreement for nondischargeability of debt was enforceable despite failure to submit a proposed order and judgment prior to discharge due to onset of COVID-19 epidemic. (Bankr. M.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Court :
Consumer opinion summary, case decided on June 15, 2020 , LexisNexis #0720-083

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.)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion summary, case decided on January 06, 2020 , LexisNexis #0220-036

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.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention.

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Commercial opinion summary, case decided on June 10, 2019 , LexisNexis #0819-074