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western district of louisiana

Thornhill Bros. Fitness, LLC, In re

Ruling
Approval of a proposed settlement between the debtor and plaintiffs in a state court personalinjury action was warranted as the settlement was in the best interest of the estate. (Bankr.W.D. La.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Commercial opinion summary, case decided on July 08, 2022 , LexisNexis #0822-080

Dorand, In re--Estate of Moss v. Dorand

Ruling
State court judgment against debtor resulting from a failed real estate development projectwas dischargeable as there were no specific factual findings and the bankruptcy court couldnot infer fraud. (Bankr. N.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on July 06, 2022 , LexisNexis #0822-088

Stokes, In re

Ruling
Debtor was not entitled to turnover of a sailboat as creditor had a maritime lien over the vesselmaking it property of the estate until lien was fully established and paid. (Bankr. E.D.N.C.)
Issue(s)
Exemptions.

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Consumer opinion summary, case decided on June 09, 2022 , LexisNexis #0822-061

McConathy, In re

Ruling
Court held that the claims asserted by the debtor in the Kansas lawsuit over undisclosedmineral rights properly belonged to the bankruptcy estate and were voidable. (Bankr. W.D. La.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on May 20, 2022 , LexisNexis #0722-054

S&M Distribs., In re

Ruling
Award of attorneys' fees was reduced for entries that were insufficiently substantiated, werefor secretarial tasks, were excessive, and were duplicative. (Bankr. S.D. Tex.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed.

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Commercial opinion summary, case decided on May 16, 2022 , LexisNexis #0722-034

Hatu, In re--Angell v. Southco Distrib. Co.

Ruling
Creditor could not pursue or assert new liens against property of bankruptcy estate without afurther order terminating the stay as to the estate as creditor never held a valid claim againstdebtor's wife. (Bankr. E.D.N.C.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

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Consumer opinion summary, case decided on May 05, 2022 , LexisNexis #0722-011

Tex-Gas Holding, In re--Tex-Gas Holdings v. Lui So Yuk

Ruling
Debtor was entitled to expungement and release of the creditors' lien and disallowance oftheir proofs of claims as the creditors failed to meet their burden of establishing that they helda lien. (Bankr. S.D. Tex.)
Issue(s)
Allowance of Claims or Interests.

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Commercial opinion summary, case decided on February 25, 2022 , LexisNexis #0422-058

Tex-Gas Holdings, In re

Ruling
Deed of trust was declared expunged and released as defendants did not have a lien or securedinterest in the plaintiff's property. (Bankr. S.D. Tex.)

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Commercial opinion summary, case decided on February 24, 2022 , LexisNexis #0422-026

Allen, In re

Ruling
Bankruptcy court denied creditor's motion to dismiss case that was not filed in the propervenue and transferred the case to the proper venue as efficient administration and judicialeconomy favored transfer. (Bankr. M.D.N.C.)
Issue(s)
Dismissal and Change of Venue.

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Consumer opinion summary, case decided on February 10, 2022 , LexisNexis #0622-025

Marioneaux, In re

Ruling
Cause existed for appointment of a Chapter 11 trustee in the interests of creditors and otherinterests of the estate due to questions regarding the debtor's competence and trustworthiness.(Bankr. W.D. La.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States

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Consumer opinion summary, case decided on January 24, 2022 , LexisNexis #0322-070