- 11 U.S.C.
Hobbs v. Chesson
Aug
29
2018
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.)
Issue(s)
Restrictions on Debtor Relief Agencies.
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Court
:
- 11 U.S.C.
Hebert, In re--Southland Truck Leasing, LLC v. Hebert
Apr
27
2018
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
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Kite, In re
Oct
02
2017
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.)
Issue(s)
Allowance of Claims or Interests; Objections.
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Court
:
- 11 U.S.C.
Simon, In re--Clayton v. Simon
Aug
03
2017
Ruling
Creditor met the burden of proving that the debt was nondischargeable following anunprovoked and unjustified attack by the debtor against him. (Bankr. W.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Ernst, In re--Amerisafe, Inc. v. Ernst
May
17
2017
Ruling
Debtor's motion to dismiss nondischargeability claims against him and his separate propertygranted because complaint did not plead facts showing that debtor acted in concert with hisnondebtor spouse to defraud creditors. (Bankr. W.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Acadian Elevator, Inc., In re
Apr
11
2017
Ruling
Majority owner's request for injunctive relief was denied as the relief requested required an adversary proceeding absent a chapter 11 plan to support the relief. (Bankr. W.D. La.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable Interests.
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Court
:
- 11 U.S.C.
In re Louisiana Pellets, Inc.
Jul
22
2016
Ruling
Safe harbor provision was not triggered by debtor’s failure to perform under sale agreement.(Bankr. W.D. La.)
Issue(s)
What is the scope of the § 556 safe harbor and did sale agreement fall within that scope?
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Court
:
- 11 U.S.C.
Goodman v. H.I.G. Capital LLC (In re Gulf Fleet Holdings Inc.)
Apr
01
2014
Ruling
Bankruptcy court lacked jurisdiction under Stern v. Marshall to issue final orders on trustee's avoidance claims under Bankruptcy Code and state law.
Issue(s)
Did bankruptcy court have jurisdiction to issue final orders on trustee's avoidance claims in light of Stern v. Marshall?
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:
- 11 U.S.C.
Childs v. Duhon (In re Duhon)
Aug
26
2013
Ruling
Misrepresentations as to use of loan proceeds on which creditor relied rendered debt nondischargeable.
Issue(s)
Did misrepresentations by debtor to creditor, with whom debtor had an intimate relationship, regarding use of loan proceeds, result in nondischargeability?
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In re Central La. Grain Coop. Inc.
Aug
07
2013
Ruling
Safe harbor did not apply to statutory privilege not arising until bankruptcy or insolvency.
Issue(s)
Was statutory lien arising upon bankruptcy or insolvency protected from avoidance by the safe harbor provision of the Bankruptcy Code?
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