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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

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

Greenup Indus. LLC, In re

Ruling
Project manager's claim for wages, salaries, and commissions did not accrue within 180 days of the debtor's bankruptcy filing and was not a priority unsecured claim. (Bankr. E.D. La.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

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Commercial opinion summary, case decided on October 08, 2024 , LexisNexis #1224-058

Martin Energy LLC, In re

Ruling
Petitioning creditors' requested administrative expense claims were allowed as the entries represented reasonable legal services associated with filing and prosecuting the involuntary bankruptcy petition. (Bankr. E.D. La.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed.

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Commercial opinion summary, case decided on August 29, 2024 , LexisNexis #1124-029

Who Dat?, Inc., In re

Ruling
Court declined to confirm debtor's plan as the plan was not filed in good faith and anyconfirmation of the plan was likely to be followed by the liquidation or the need for furtherfinancial reorganization of the debtor. (Bankr. E.D. La.)
Issue(s)
Confirmation of Plan; Requirements.

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Commercial opinion summary, case decided on March 27, 2024 , LexisNexis #0524-070

Westbank Holdings, In re

Ruling
Bankruptcy court decided to enforce the arbitration clause in the insurance policy at issue asthe estate’s claims asserted in the petition were not core. (Bankr. E.D. La.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings.

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Commercial opinion summary, case decided on February 17, 2024 , LexisNexis #0424-049