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eastern district of louisiana

Gibson, In re--Sender v. Coney

Ruling
Debtor’s transfers to mother deemed fraudulent and preferential due to insider status, concealment, and inadequate value. (Bankr. D. Colo.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on August 25, 2025 , LexisNexis #1125-016

Mascio, In re--Graham v. Mascio

Ruling
Complaint in creditors’ proceeding for denial of discharge or nondischargeability of judgment debt met the heightened pleading standard for fraud as it provided enough specificity to put the debtor on notice as to the nature of the claims. (Bankr. D. Colo.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on August 22, 2025 , LexisNexis #1025-087

Veterans Holdings, LLC, In re

Ruling
Chapter 11 case converted to Chapter 7 to prevent diminution of the estate and promote equality of distribution among creditors. (Bankr. E.D. La.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on July 09, 2025 , LexisNexis #0925-015

Miracle Rest. Group, In re

Ruling
Purdue Pharma did not prohibit temporary, non-consensual, non-debtor injunctions issued at confirmation to facilitate a successful reorganization. (Bankr. E.D. La.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Commercial opinion summary, case decided on May 13, 2025 , LexisNexis #0725-076

Adams, In re--Asbach v. Adams

Ruling
Trustee failed to meet its burden to show that debtor had the requisite scienter to justify dismissal. (Bankr. E.D. La.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on March 26, 2025 , LexisNexis #0525-094

Babcock & Wilcox Co., In re

Ruling
Plan language regarding treatment of non-asbestos claims could not circumvent the due process analysis required for future claims. (Bankr. E.D. La.)
Issue(s)
Effect of Confirmation; Discharge; Types of Debt Discharged and Rights Terminated; Debt Arising Pre-petition or Specified in Sections 502(g), (h) and (I).

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Commercial opinion summary, case decided on March 06, 2025 , LexisNexis #0525-022

Seawalk Invs., LLC, In re

Ruling
Debtor’s attorney’s fees disallowed to the extent not reasonably necessary to enforce debtor’s obligations under loan. (Bankr. M.D. Fla.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Commercial opinion summary, case decided on January 16, 2025 , LexisNexis #0325-055

FCA Constr. LLC, In re--FCA Constr. LLC v. Southstar Fin., LLC

Ruling
Genuine issues of material fact prevented judgment relating to reserve escrow account under the Factoring Agreement and avoidability of alleged transfers from the escrow account. (Bankr. E.D. La.)
Issue(s)
Fraudulent Transfers and Obligations.

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Commercial opinion summary, case decided on January 06, 2025 , LexisNexis #0325-091

Gares, In re

Ruling
Co-signer on car loan filing a bankruptcy petition in debtor’s name without her consent constituted bad faith conduct intended to defraud and delay creditors. (Bankr. E.D. La.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.

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Consumer opinion summary, case decided on December 19, 2024 , LexisNexis #0325-024

Novak, In re

Ruling
Debt from personal guaranty of company's factoring agreement obligations found dischargeable due to lack of debtor's involvement in negotiation or execution and absence of evidence showing wrongful intent. (Bankr. E.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on October 21, 2024 , LexisNexis #0125-011