Skip to main content

Page Banner(Taxonomy)

western district of louisiana

Tex-Gas Holdings, In re

Ruling
Deed of trust was declared expunged and released as defendants did not have a lien or securedinterest in the plaintiff's property. (Bankr. S.D. Tex.)

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

Commercial opinion summary, case decided on February 24, 2022 , LexisNexis #0422-026

Allen, In re

Ruling
Bankruptcy court denied creditor's motion to dismiss case that was not filed in the propervenue and transferred the case to the proper venue as efficient administration and judicialeconomy favored transfer. (Bankr. M.D.N.C.)
Issue(s)
Dismissal and Change of Venue.

ABI Membership is required to access the full summary of Allen, In re 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, 2022 , LexisNexis #0622-025

Marioneaux, In re

Ruling
Cause existed for appointment of a Chapter 11 trustee in the interests of creditors and otherinterests of the estate due to questions regarding the debtor's competence and trustworthiness.(Bankr. W.D. La.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States

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

Consumer opinion summary, case decided on January 24, 2022 , LexisNexis #0322-070

Short, In re

Ruling
Extension of deadline to object to discharge denied as trustee failed to take any steps toacquire the information regarding the debtor's assets and liabilities. (Bankr. M.D.N.C.)
Issue(s)
Grant or Denial of Discharge; Extension of Time; Extention of Time for Objection

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

Consumer opinion summary, case decided on November 30, 2021 , LexisNexis #0122-100

Williams, In re

Ruling
Petitioning creditor could bring involuntary case as he held a noncontingent, undisputedclaim exceeding $16,750 and that the debtor was not paying her debts as they came due. (Bankr.W.D. La.)
Issue(s)
Involuntary Cases; Commencement; If Fewer than 12 Creditors.

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

Consumer opinion summary, case decided on November 09, 2021 , LexisNexis #0122-003

Swink, In re--Swink v. Fannie Mae

Ruling
Debtor's motion to dismiss granted in part as the debtor sufficiently alleged that defendantsfailed to properly credit payments during the prior bankruptcy case. (Bankr. M.D.N.C.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.

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

Consumer opinion summary, case decided on October 12, 2021 , LexisNexis #1221-013

Lowry, In re--Apollo Medflight, LLC v. Lowry

Ruling
Debt was nondischargeable where creditor justifiably relied on the assurances of the debtor'ssister that the insurance check would be forwarded to the creditor upon receipt. (Bankr.E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Lowry, In re--Apollo Medflight, LLC v. Lowry Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 05, 2021 , LexisNexis #1221-009

U.S. Tobacco Coop., Inc., In re

Ruling
Appointment of official special committee for certified class action plaintiffs was deniedsince the class was adequately represented. (Bankr. E.D.N.C.)
Issue(s)
Creditors' and Equity Security Holders' Committees; Appointment; Additional

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

Commercial opinion summary, case decided on August 20, 2021 , LexisNexis #1021-013

Perine, In re

Ruling
Court declined to modify the plan to increase the percentage on unsecured claims as theinsurance proceeds were a substitute for the wrecked vehicle, not new assets or valuecoming into the estate. (Bankr. S.D. Ala.)
Issue(s)
Modification of Plan After Confirmation.

ABI Membership is required to access the full summary of Perine, In re 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 28, 2021 , LexisNexis #1021-021

McConathy, In re

Ruling
Moving parties were not entitled to have the stay lifted because they failed to make a showingof "cause" and in order to avoid risk of inconsistent rulings, it was necessary for thebankruptcy court to exercise its exclusive jurisdiction. (Bankr. W.D. La.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

ABI Membership is required to access the full summary of McConathy, In re 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 11, 2021 , LexisNexis #0721-079