- 11 U.S.C.
Hobbs v. Chesson
Aug
29
2018
Ruling
Trustee was entitled to disgorgement where defendants engaged in a clear consistent pattern or practice of violating § 526 by impersonating debtors during credit counseling briefings and filing false pleadings with the court. (Bankr. W.D. La.)
Issue(s)
Restrictions on Debtor Relief Agencies.
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Court
:
MB Indus., L.L.C., In re--Dooley v. MB Indus., L.L.C.
Aug
01
2018
Ruling
Confirmed plan was binding as plan specifically dictated any claims resulting from the promissory note would be subordinated to all other general unsecured creditors and the insiders had not objected to the plan. (Bankr. W.D. La.)
Issue(s)
Subordination; Enforceability of Subordination Agreement.
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Court
:
Stiletto Mfg., In re
Jul
19
2018
Ruling
Court held that there was no executory contract for the debtor to reject or assume where both the original agreement and the modified agreement were executed in the ordinary course of the debtor's business. (Bankr. E.D.N.C.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.
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Court
:
Revolution Aluminum Propco, LLC, In re
Jun
21
2018
Ruling
Plan confirmed as it complied with the applicable provisions of the bankruptcy code and was filed in good faith. (Bankr. W.D. La.)
Issue(s)
Confirmation of Plan; Requirements.
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Court
:
- 11 U.S.C.
Yahweh Ctr., In re
May
04
2018
Ruling
Trustee's motion seeking interpretation and construction of the debtor's plan was allowed asthe AP Deadline did not apply to bar causes of action the trustee asserted on behalf of thedebtor's estate. (Bankr. E.D.N.C.)
Issue(s)
Modification of Plan.
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Court
:
- 11 U.S.C.
Hebert, In re--Southland Truck Leasing, LLC v. Hebert
Apr
27
2018
Ruling
State court judgment awarding creditor damages based on a finding that debtor breached a lease and a personal guarantee was dischargeable as the damages resulted from a breach of the lease and the guarantee, not fraud. (Bankr. W.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
Stockwell, In re
Dec
21
2017
Ruling
Debtor's third and fourth bankruptcy cases dismissed for bad faith. (Bankr. E.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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Court
:
- 11 U.S.C.
Free, In re--Winborne v. Free
Nov
29
2017
Ruling
Debt deemed nondischargeable as the debtor's conversion of plaintiff's property interest inprofits and assets to his own benefit constituted willful and malicious conduct. (Bankr. W.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Court
:
Kite, In re
Oct
02
2017
Ruling
Court disallowed the claim as the attorney did not meet the burden of proving that the debtor,who was acting as a court-appointed liquidator, had personal liability for the attorney's feesincurred during the LLC's liquidation. (Bankr. W.D. La.)
Issue(s)
Allowance of Claims or Interests; Objections.
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Court
:
In re NOA, LLC
Sep
29
2017
Ruling
Appointing a chapter 11 trustee is in the best interests of the estate and creditors when thedebtor's plan of reorganization involved liquidation of the majority of his assets. (Bankr.E.D.N.C.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States Trustee.
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Court
: