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western district of louisiana

Carter, In re

Ruling
Court dismissed debtor's case and barred her from filing another bankruptcy case for a period of one year due to her abuse of the bankruptcy code and filing her case in bad faith. (Bankr. M.D.N.C.)
Issue(s)
Definitions; “Family Farmer”; Individual.

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Consumer opinion summary, case decided on May 11, 2017 , LexisNexis #0617-031

Acadian Elevator, Inc., In re

Ruling
Majority owner's request for injunctive relief was denied as the relief requested required an adversary proceeding absent a chapter 11 plan to support the relief. (Bankr. W.D. La.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable Interests.

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Commercial opinion summary, case decided on April 11, 2017 , LexisNexis #0517-071

Maloney v. N.C. Dep't of Revenue

Ruling
Motion to dismiss allowed where complaint fails to meet the Iqbal/Twombley standard forstating a claim for relief. (Bankr. E.D.N.C.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on March 02, 2017 , LexisNexis #0417-015

Sorge, In re--Fed. Ins. Co. v. Sorge

Ruling
Insurance company's claim that a state court judgment it obtained was nondichargeable under § 523(a)(4) was dismissed as the employee's status as an employee did not create a fiduciary relationship. (Bankr. E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on February 06, 2017 , LexisNexis #0317-035

In re Yahweh Ctr., Inc.

Ruling
Court allowed objection to certain document requests as the privacy interests of repondentsoutweighed debtor's right to know the information sought. (Bankr. E.D.N.C.)
Issue(s)
Examination.

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Commercial opinion summary, case decided on January 23, 2017 , LexisNexis #0217-098

In re Carter

Ruling
Insurer lacked standing to seek dismissal of involuntary petition for bad faith as insurer didnot yet face a concrete and particularized injury that is actual or imminent. (Bankr. M.D.N.C.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Consumer opinion summary, case decided on January 20, 2017 , LexisNexis #0217-092

In re Cooper

Ruling
Motion for adequate protection was denied where court found that any deterioration in valueof second-position lienholder's interest in the property resulted from the change in lienposition, and not from the debtors' use of the property. (Bankr. E.D.N.C.)
Issue(s)
Use, Sale, or Lease of Property; Adequate Protection.

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Consumer opinion summary, case decided on January 20, 2017 , LexisNexis #0217-078

In re Murray

Ruling
Application for compensation denied because services were preformed pre-petition. (Bankr. W.D. La.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed.

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Consumer opinion summary, case decided on December 19, 2016 , LexisNexis #0117-069

In re Hemphill

Ruling
Confirmation denied and case converted to chapter 7 due to debtor’s bad faith. (Bankr. W.D.La.)
Issue(s)
Conversion or Dismissal.

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Consumer opinion summary, case decided on December 05, 2016 , LexisNexis #0117-024

In re Yahweh Ctr., Inc.

Ruling
Appointment of committee of unsecured priority wage claimants approved. (Bankr. E.D.N.C.)
Issue(s)
Should the bankruptcy court appoint a committee of unsecured priority wage claimants?

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Commercial opinion summary, case decided on September 28, 2016 , LexisNexis #1016-096