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eastern district of louisiana

Perry, In re--Perry v. Perry Assocs., LLC

Ruling
Proofs of claim were disallowed as the creditors failed to show that they were owed anyamounts asserted in their proofs of claim. (Bankr. E.D. La.)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion summary, case decided on September 01, 2023 , LexisNexis #1023-081

Adams, In re

Ruling
Debtor was sanctioned by dismissal of her fifth bankruptcy case, her third under subchapterV, which had been converted to Chapter 7 for failure to file a confirmable plan.(Bankr. M.D. Fla.)
Issue(s)
Effect of Dismissal.

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Consumer opinion summary, case decided on August 31, 2023 , LexisNexis #1023-078

Cline v. Heller, Draper & Horn LLC (Dominion Grp., LLC)

Ruling
Debtor’s partial owner did not have derivative standing to pursue the debtor's legalmalpractice claim against debtor’s former counsel that was abandoned by the trustee. (Bankr.E.D. La.)
Issue(s)
Automatic Stay; Scope; Acts to Obtain Property.

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Consumer opinion summary, case decided on July 24, 2023 , LexisNexis #0923-057

Mulholland, In re--Cohen v. Trahan

Ruling
Creditor's garnishment lien could be avoided as debtors were insolvent at the time the lienwas secured. (Bankr. M.D. Fla.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on July 06, 2023 , LexisNexis #0923-036

Anderson, In re--Sunset Harbour, LLC v. Anderson

Ruling
Tax-lien purchaser of the debtor's home was a creditor bound by the confirmed Chapter 13plan. (Bankr. E.D. La.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.

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Consumer opinion summary, case decided on June 14, 2023 , LexisNexis #0823-041

Mulholland, In re

Ruling
Defendant was collaterally estopped from arguing against the exception to discharge as the issue of willful or malicious injury was resolved by a consent judgment in a prior proceeding. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on May 19, 2023 , LexisNexis #0723-032

Dynamic Indus. Saudi Arabia Ltd., In re

Ruling
Bankruptcy court did not err in awarding attorneys' fees and costs to the debtor for services that resulted in the dismissal of involuntary Chapter 7 petition. (Bankr. E.D. La.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.

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Commercial opinion summary, case decided on April 28, 2023 , LexisNexis #0623-079

Heisler, In re

Ruling
Award of attorney's fees and costs was the appropriate sanction against attorney based on his numerous frivolous filings and collateral attacks on the court's order that the trustee and his counsel were forced to defend. (Bankr. E.D. La.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Consumer opinion summary, case decided on March 28, 2023 , LexisNexis #0523-076

Cornerstar Wine & Liquor, LLC, In re--Weinman v. Dragul

Ruling
Transfers for the same amount, the same purpose, and at the same time each month were made in the ordinary course of business. (Bankr. D. Colo.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.

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Commercial opinion summary, case decided on March 10, 2023 , LexisNexis #0723-012

Stone Clinical Labs., LLC, In re

Ruling
Plan could be confirmed over objections of certain classes as other classes affirmatively voted to accept the plan, which was fair and otherwise satisfied all necessary elements of § 1129. (Bankr. E.D. La.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on February 02, 2023 , LexisNexis #0623-017