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western district of louisiana

Hanks, In re

Ruling
Motion to dismiss granted where student loan expenses were not "special circumstances" anddid not overcome the presumption of abuse under 11 U.S.C. § 707(b)(2). (Bankr. W.D. La.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

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Consumer opinion summary, case decided on July 20, 2020 , LexisNexis #0920-016

Gafford, In re

Ruling
Counsel was to receive compensation for fees associated with representing the debtor in a workers compensation proceeding as the contract allowed for counsel to recover 20 percent of the benefits. (Bankr. W.D. La.)
Issue(s)
Debtor’s Transactions with Attorneys.

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Consumer opinion summary, case decided on June 25, 2020 , LexisNexis #0820-028

First NBC Bank Holding Co., In re

Ruling
Plan was confirmed as it did not violate the absolute priority rule where Treasury retained allof its pre-petition rights and was not losing any right to payment under the plan. (Bankr. E.D.La.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on May 01, 2020 , LexisNexis #0620-096

Goldberg, In re

Ruling
Proceeds in excess of foreclosing creditor's security interest in property remained subject tothe automatic stay. (Bankr. E.D.N.C.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Certain Postpetition

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Consumer opinion summary, case decided on March 27, 2020 , LexisNexis #0520-065

Beauboeuf, In re

Ruling
Motion to prepay plan payments was granted as the motion made no changes to the plan andtherefore was not a modification. (Bankr. W.D. La.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on March 10, 2020 , LexisNexis #0420-072

Manley, In re

Ruling
Student loans owed by debtor were not dischargeable as debtor made no attempts toparticipate in an income contingent repayment plan. (Bankr. S.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on February 13, 2020 , LexisNexis #0320-082

Williams, In re--Williams v. CitiFinancial Servicing LLC

Ruling
Motion to dismiss stay and discharge violation claims denied as creditor mortgage servicers’actions with regard to misapplied payments constitute violations of the discharge injunctionand automatic stay. (Bankr. M.D.N.C.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.

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Consumer opinion summary, case decided on January 24, 2020 , LexisNexis #0320-010

Coley, In re--DirecTV, LLC v. Coley

Ruling
Debt resulting from conversion and larceny of communications signal was nondischargeable.(Bankr. E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on October 24, 2019 , LexisNexis #1219-064

Steele, In re--Swift Fin. Corp. v. Steele

Ruling
Debt was dischargeable as creditor failed to show embezzlement given uncontradictedevidence in debtor’s favor. (Bankr. E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on August 08, 2019 , LexisNexis #1019-034

Louisiana Pellets, In re

Ruling
Trustee could not prevail on the constructive fraudulent transfer claim as debtor receivedreasonably equivalent value for its payments to the transferee. (Bankr. W.D. La.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on June 20, 2019 , LexisNexis #0819-093