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Western District

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

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

Stephenson, In re

Ruling: 
Claim allowed as debtor failed to present any evidence that attorneys' fees stated in the proofof claim were invalid or unreasonable. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on March 28,2019, LexisNexis #0519-079

Grigsby, In re

Ruling: 
Motion to convert to Chapter 7 granted in the best interest of the creditors where debtorsfailed to list creditors, omitted several assets and misstated their expenses. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on March 13,2019, LexisNexis #0519-044

Traylor, In re

Ruling: 
Debtor's motion to vacate dismissal was denied as debtor has not given sufficient information or facts to establish "exceptional circumstances" or that absent relief, debtor will suffer an "extreme" or "unexpected" hardship. (Bankr. W.D. La.)
ABI Membership is required to access the full summary of Traylor, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0219-043

Smith, In re

Ruling: 
Debtor's chapter 13 plan was denied as debtor proposed to cram down the interest rate he was paying on a debt from an oversecured creditor as of the date he declared bankruptcy instead of the date his plan was confirmed. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on December 03,2018, LexisNexis #0119-051

McCray, In re

Ruling: 
Motion to compel turnover of property of the estate was denied as trustee failed to file an adversary proceeding for turnover of property and money as required by Bankruptcy Rule 7001(1). (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-059

Hobbs v. Chesson

Ruling: 
Trustee was entitled to disgorgement where defendants engaged in a clear consistent pattern or practice of violating § 526 by impersonating debtors during credit counseling briefings and filing false pleadings with the court. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on August 29,2018, LexisNexis #1018-048

MB Indus., L.L.C., In re--Dooley v. MB Indus., L.L.C.

Ruling: 
Confirmed plan was binding as plan specifically dictated any claims resulting from the promissory note would be subordinated to all other general unsecured creditors and the insiders had not objected to the plan. (Bankr. W.D. La.)
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Commercial case opionion summary, case decided on August 01,2018, LexisNexis #0918-042

Revolution Aluminum Propco, LLC, In re

Ruling: 
Plan confirmed as it complied with the applicable provisions of the bankruptcy code and was filed in good faith. (Bankr. W.D. La.)
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Commercial case opionion summary, case decided on June 21,2018, LexisNexis #0818-054

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