Dec
14
2018
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.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0219-043
Dec
03
2018
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
Dec
04
2018
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
Aug
29
2018
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
Aug
01
2018
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
Jun
21
2018
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
Apr
27
2018
Hebert, In re--Southland Truck Leasing, LLC v. Hebert
Ruling:
State court judgment awarding creditor damages based on a finding that debtor breached a lease and a personal guarantee was dischargeable as the damages resulted from a breach of the lease and the guarantee, not fraud. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on April 27,2018, LexisNexis #0618-102
Nov
29
2017
Free, In re--Winborne v. Free
Ruling:
Debt deemed nondischargeable as the debtor's conversion of plaintiff's property interest inprofits and assets to his own benefit constituted willful and malicious conduct. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on November 29,2017, LexisNexis #0118-018
Oct
02
2017
Kite, In re
Ruling:
Court disallowed the claim as the attorney did not meet the burden of proving that the debtor,who was acting as a court-appointed liquidator, had personal liability for the attorney's feesincurred during the LLC's liquidation. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on October 02,2017, LexisNexis #1117-042
Sep
29
2017
In re Riley
Ruling:
Filing fees and prepetition costs paid by the debtor's attorney are not reimbursible to the latteras part of the administrative expenses of the debtor's estate. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on September 29,2017, LexisNexis #1117-008
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