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western district of louisiana

Short, In re

Ruling
Extension of deadline to object to discharge denied as trustee failed to take any steps toacquire the information regarding the debtor's assets and liabilities. (Bankr. M.D.N.C.)
Issue(s)
Grant or Denial of Discharge; Extension of Time; Extention of Time for Objection

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Consumer opinion summary, case decided on November 30, 2021 , LexisNexis #0122-100

Williams, In re

Ruling
Petitioning creditor could bring involuntary case as he held a noncontingent, undisputedclaim exceeding $16,750 and that the debtor was not paying her debts as they came due. (Bankr.W.D. La.)
Issue(s)
Involuntary Cases; Commencement; If Fewer than 12 Creditors.

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Consumer opinion summary, case decided on November 09, 2021 , LexisNexis #0122-003

Swink, In re--Swink v. Fannie Mae

Ruling
Debtor's motion to dismiss granted in part as the debtor sufficiently alleged that defendantsfailed to properly credit payments during the prior bankruptcy case. (Bankr. M.D.N.C.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.

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Consumer opinion summary, case decided on October 12, 2021 , LexisNexis #1221-013

Lowry, In re--Apollo Medflight, LLC v. Lowry

Ruling
Debt was nondischargeable where creditor justifiably relied on the assurances of the debtor'ssister that the insurance check would be forwarded to the creditor upon receipt. (Bankr.E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on October 05, 2021 , LexisNexis #1221-009

U.S. Tobacco Coop., Inc., In re

Ruling
Appointment of official special committee for certified class action plaintiffs was deniedsince the class was adequately represented. (Bankr. E.D.N.C.)
Issue(s)
Creditors' and Equity Security Holders' Committees; Appointment; Additional

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Commercial opinion summary, case decided on August 20, 2021 , LexisNexis #1021-013

Perine, In re

Ruling
Court declined to modify the plan to increase the percentage on unsecured claims as theinsurance proceeds were a substitute for the wrecked vehicle, not new assets or valuecoming into the estate. (Bankr. S.D. Ala.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on June 28, 2021 , LexisNexis #1021-021

McConathy, In re

Ruling
Moving parties were not entitled to have the stay lifted because they failed to make a showingof "cause" and in order to avoid risk of inconsistent rulings, it was necessary for thebankruptcy court to exercise its exclusive jurisdiction. (Bankr. W.D. La.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on June 11, 2021 , LexisNexis #0721-079

Karcredit, L.L.C., In re

Ruling
Court had to have the consent of all parties in order to hear non-core proceeding. (Bankr. W.D.La.)
Issue(s)
Procedures; Proceedings Related to Bankruptcy; Referral From District Court.

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Commercial opinion summary, case decided on June 02, 2021 , LexisNexis #0721-068

Wellington, In re

Ruling
Creditors' motion for stay pending appeal of denial of claims denied where creditors had notshown they were likely to succeed on the merits of the appeal. (Bankr. M.D.N.C.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings.

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Consumer opinion summary, case decided on May 20, 2021 , LexisNexis #0721-024

Wellington, In re

Ruling
Creditors' motion for stay pending appeal of denial of claims denied where creditors had notshown they were likely to succeed on the merits of the appeal. (Bankr. M.D.N.C.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings.

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Consumer opinion summary, case decided on May 20, 2021 , LexisNexis #0721-024