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western district of louisiana

Simon, In re--Clayton v. Simon

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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Consumer opinion summary, case decided on August 03, 2017 , LexisNexis #0917-013

Banks, In re

Ruling
Relief from stay denied as relief was precluded by the confirmed plan. (Bankr. W.D. La.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on July 28, 2017 , LexisNexis #0917-042

Ward, In re

Ruling
Second deed of trust was wholly unsecured and may be avoided. (Bankr. E.D.N.C.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.

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Consumer opinion summary, case decided on July 19, 2017 , LexisNexis #0817-098

Stelma Props., LLC, In re

Ruling
Court disallowed bank's application for postpetition interest, attorneys' fees, and costs as theLLC's bankruptcy plan overrode the bank's right to recover. (Bankr. E.D.N.C.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Commercial opinion summary, case decided on July 10, 2017 , LexisNexis #0817-067

Strongs, In re

Ruling
Debtor was ineligible to be a debtor since the 180-day bar was in effect at the time of the filingof the instant chapter 7 case. (Bankr. E.D.N.C.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals.

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Consumer opinion summary, case decided on June 13, 2017 , LexisNexis #0717-062

Ernst, In re--Amerisafe, Inc. v. Ernst

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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Consumer opinion summary, case decided on May 17, 2017 , LexisNexis #0617-068

Briggs, In re

Ruling
Court denied confirmation of debtor's plan as she claimed expenses for rent when she ownedher home and claimed monthly expense for cell phone service which could have beenreduced. (Bankr. W.D. La.)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on May 15, 2017 , LexisNexis #0617-082

Carter, In re

Ruling
Court dismissed debtor's case and barred her from filing another bankruptcy case for a period of one year due to her abuse of the bankruptcy code and filing her case in bad faith. (Bankr. M.D.N.C.)
Issue(s)
Definitions; “Family Farmer”; Individual.

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Consumer opinion summary, case decided on May 11, 2017 , LexisNexis #0617-031

Acadian Elevator, Inc., In re

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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Commercial opinion summary, case decided on April 11, 2017 , LexisNexis #0517-071

Maloney v. N.C. Dep't of Revenue

Ruling
Motion to dismiss allowed where complaint fails to meet the Iqbal/Twombley standard forstating a claim for relief. (Bankr. E.D.N.C.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on March 02, 2017 , LexisNexis #0417-015