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western district of louisiana

Jackson, In re--Byman v. Lee

Ruling
Trustee was entitled to judgment that a cash transfer constituted a fraudulent transfer as theaffirmative defense of reasonably equivalent value or good faith was not shown. (Bankr. S.D.Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on February 08, 2021 , LexisNexis #0321-065

Destin Res. LLC, In re

Ruling
Motion to employ special counsel was granted as there was no actual conflict of interest.(Bankr. W.D. La.)
Issue(s)
Employment of Professional Persons; Conflict of Interest.

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Commercial opinion summary, case decided on November 06, 2020 , LexisNexis #1220-078

Boyd, In re

Ruling
Chapter 13 debtors breached their duty to disclose changes in their income pursuant to theirongoing duty to amend their schedules. (Bankr. W.D. La.)
Issue(s)
Property of the Estate; Property in Addition to That Specified in Section 541.

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Consumer opinion summary, case decided on November 03, 2020 , LexisNexis #1220-070

North Carolina New Sch. Inc., In re

Ruling
Court sustained trustee's objection to creditor's claim that was received by the clerk's officeone day after the deadline because the mailbox presumption did not apply to the filing of aproof of claim under Rule 3002(c). (Bankr. M.D.N.C.)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing.

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Commercial opinion summary, case decided on October 26, 2020 , LexisNexis #0121-048

Roberson, In re

Ruling
Motion for proposed private sales denied where approval of a sale of property under § 1206 isheld exclusively by the chapter 12 trustee. (Bankr. E.D.N.C.)
Issue(s)
Sales Free of Interests.

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Consumer opinion summary, case decided on October 22, 2020 , LexisNexis #1220-047

Floyd, In re

Ruling
Authorization for pre-confirmation payment of prepetition tax debt denied absentsufficient business reason to bypass the usual confirmation procedure. (Bankr. E.D.N.C.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing; Not in the Ordinary Course of

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Consumer opinion summary, case decided on October 20, 2020 , LexisNexis #1220-005

Rouse, In re

Ruling
Chapter 12 debtor's hardship discharge denied without prejudice to reconsideration if thedebtor were to pay a balance determined by the court. (Bankr. E.D.N.C.)
Issue(s)
Discharge; Hardship Discharge.

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Consumer opinion summary, case decided on October 02, 2020 , LexisNexis #1120-072

K & J Farms, LLC, In re

Ruling
Confirmation of amended Chapter 12 plan denied for improper cramdown of FSA claim.(Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders; Retention of

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Commercial opinion summary, case decided on October 01, 2020 , LexisNexis #1120-071

Gray, In re--Louisiana Workforce Comm'n v. Gray

Ruling
Creditor's motion seeking a judgment that debt owed by debtor was nondischargeable wasgranted as the debtor represented that he was unemployed even during periods he wasemployed and earning wages. (Bankr. W.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on August 10, 2020 , LexisNexis #0920-060

Rishel, In re--Prof'l Garage Door Sys. v. Rishel

Ruling
Debt was nondischargeable where debtor failed to show shooting of minor stepson wassubstantially justified. (Bankr. S.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on July 30, 2020 , LexisNexis #0920-039