Simon, In re--Harrison v. Simon
Sep
30
2022
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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W Res., In re
Jul
22
2022
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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Court
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Louisiana Highway St. Gabriel, LLC, In re
Jun
27
2022
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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Court
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Badeaux, In re--Playa Shirley, LLC v. Badeaux
Apr
12
2022
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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Commons, LLC, In re
Apr
05
2021
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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Dickerson, In re
Sep
01
2020
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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Court
:
- 11 U.S.C.
Dent, In re--Choice Credit, LLC v. Dent
Jul
10
2020
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
:
( Judge Dodd ) [ Bankruptcy Court ]
- 11 U.S.C.
Williams, In re
Jun
15
2020
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
:
( Judge Dodd ) [ Bankruptcy Court ]
- 11 U.S.C.
Digirolamo, In re
Jan
06
2020
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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Court
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Friede Goldman Halter, Inc., In re--Lewis v. Anco Insulations, Inc.
Jun
10
2019
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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Court
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