Skip to main content

Page Banner(Taxonomy)

western district of louisiana

In re Wilson

Ruling
Trustee’s modified plan proposing use of proceeds of accident settlement could be approved.(Bankr. W.D. La.)
Issue(s)
What was the proper disposition of settlement proceeds of debtor’s postconfirmation action arising out of a motor vehicle accident?

ABI Membership is required to access the full summary of In re Wilson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 05, 2016 , LexisNexis #0916-066

In re Williams

Ruling
Changed financial circumstances that did not impact debtor’s ability to pay did not justifyplan modification. (Bankr. E.D.N.C.)
Issue(s)
Did mortgagee’s cancellation of debt justify a modification of debtor’s chapter 13 plan?

ABI Membership is required to access the full summary of In re Williams Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 28, 2016 , LexisNexis #0816-118

In re Louisiana Pellets, Inc.

Ruling
Safe harbor provision was not triggered by debtor’s failure to perform under sale agreement.(Bankr. W.D. La.)
Issue(s)
What is the scope of the § 556 safe harbor and did sale agreement fall within that scope?

ABI Membership is required to access the full summary of In re Louisiana Pellets, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 22, 2016 , LexisNexis #0816-080

In re Cooper

Ruling
Debtor could not avoid either of two liens on property where there was at least one dollar ofvalue in excess of the second lien. (Bankr. E.D.N.C.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

ABI Membership is required to access the full summary of In re Cooper Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 08, 2016 , LexisNexis #1116-131

In re Harris-Townes

Ruling
Mother and daughter who filed separate petitions could not claim each other as dependents for purposes of means test.
Issue(s)
Could mother and daughter debtors claim each other as dependents for purposes of the means tests in their respective bankruptcy cases?

ABI Membership is required to access the full summary of In re Harris-Townes Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 18, 2016 , LexisNexis #0516-064

In re Webber

Ruling
Debtor could not claim a violation of the discharge injunction relating to debt incurred without prior court or trustee approval in violation of chapter 13 plan.
Issue(s)
Could debtor claim creditor violated the discharge injunction with respect to a debt incurred without prior approval from court or trustee?

ABI Membership is required to access the full summary of In re Webber Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 22, 2016 , LexisNexis #0416-083

In re Black

Ruling
Bank sanctioned for refusing to comply with garnishment withdrawal in violation of theautomatic stay. (Bankr. E.D.N.C.)
Issue(s)
Whether bank should be sanctioned for continuing to debit debtor’s account pursuant to garnishment withdrawn by state revenue department following notice of debtor’s bankruptcy?

ABI Membership is required to access the full summary of In re Black Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 14, 2016 , LexisNexis #1016-075

In re Brown

Ruling
Confirmation denied with leave to amend due to improper treatment of vehicle expense and lack of evidence to support inclusion of stepfather as member of household.

ABI Membership is required to access the full summary of In re Brown Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 04, 2016 , LexisNexis #0316-134

In re McGlohon

Ruling
Bankruptcy case filed on behalf of incompetent person by next friend requires a psychological evaluation. (Bankr. E.D.N.C.)
Issue(s)
Should case filed by next friend on behalf of allegedly incompetent individual debtor be dismissed?

ABI Membership is required to access the full summary of In re McGlohon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 10, 2016 , LexisNexis #0916-073

In re Daniels

Ruling
Compensation for chapter 12 trustee approved.
Issue(s)
Should chapter 12 trustee's application for compensation be approved?

ABI Membership is required to access the full summary of In re Daniels Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 10, 2016 , LexisNexis #0316-005