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western district of louisiana

Bennett v. United Sates Dept. of Educ.

Ruling
Proceeding for discharge of student loan debt dismissed as to loan servicer.
Issue(s)
Should debtor's proceeding for discharge of student loan debt be dismissed as to the loan servicer?

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Consumer opinion summary, case decided on September 22, 2015 , LexisNexis #1015-086

In re Badgett

Ruling
Secured bank's claim for attorneys' fees allowed over debtor's objection.
Issue(s)
Was oversecured creditor entitled to attorneys' fees over debtor's objection?

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Consumer opinion summary, case decided on August 31, 2015 , LexisNexis #1015-118

In re Ready

Ruling
Plan confirmed over objection of debtor's former spouse where limited ability to pay was not due to bad faith.
Issue(s)
Should confirmation of chapter 13 plan in debtor's second case, filed within eight years after commencement of prior chapter 7 case, be denied for bad faith on objection of former spouse?

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Consumer opinion summary, case decided on June 08, 2015 , LexisNexis #0915-133

In re James

Ruling
Relief from stay granted to allow distribution of insurance proceeds to creditor.
Issue(s)
Should secured creditor with claim that exceeds value of insurance proceeds for totaled motor vehicle be granted relief from stay to collect the proceeds?

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Consumer opinion summary, case decided on May 29, 2015 , LexisNexis #0615-112

In re Adkins

Ruling
Plan proposing payment of "910 vehicle" claim as long-term debt with non-Till rate of interest unfairly discriminated against other unsecured claims.
Issue(s)
Is a very favorable treatment of a "910 vehicle" claim under the hanging paragraph of 11 U.S.C. § 1325(a), with the debt being treated as long-term debt with a higher, non-Till rate of interest discriminatory to unsecured creditors?

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Consumer opinion summary, case decided on May 14, 2015 , LexisNexis #0615-063

In re Daniels

Ruling
Debtor could not modify plan where the modification was not proposed in good faith and did not meet the liquidation test.
Issue(s)
Could chapter 12 debtor's plan be modified?

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Consumer opinion summary, case decided on May 11, 2015 , LexisNexis #0615-029

In re McDonald

Ruling
Confirmation denied due to payment for luxury item with little or no payment to unsecrued creditors.
Issue(s)
Whether debtors' payment and retention of an encumbered four wheeler violated the confirmation standard of 11 U.S.C.S. § 1325(a)(3).

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Consumer opinion summary, case decided on March 27, 2015 , LexisNexis #0415-102

In re Carolina Pediatric Eye Props. LLC

Ruling
Case designated as single asset real estate case.
Issue(s)
Should case concerning commercial real property be designated a single asset real estate case?

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Commercial opinion summary, case decided on March 26, 2015 , LexisNexis #0515-071

In re Palmer

Ruling
Elderly debtor's personal appearance at creditors' meeting waived.
Issue(s)
Could personal appearance of elderly, bedridden, partially paralyzed debtor at §341 meeting of creditors be waived?

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Consumer opinion summary, case decided on February 04, 2015 , LexisNexis #0315-004

In re Dyer

Ruling
Confirmation denied due to unfairly favorable treatment of student loan debt.
Issue(s)
Whether or not a chapter 13 plan can separately classify student loans as a long term debt?

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Consumer opinion summary, case decided on January 30, 2015 , LexisNexis #0215-135