Legal Opinion

In re Carroll

United States Bankruptcy Court, M.D. Louisiana

Decided October 31, 2014No. Nos. 08-10756, 08-10933Published

1Opinion of the Court

MEMORANDUM OPINION

DOUGLAS D. DODD, Bankruptcy Judge.

William and Carolyn Carroll filed chapter 13 on May 21, 2008, but within three months had their case converted to a chapter 7 liquidation. RedPen Properties, L.L.C. (“RedPen”), a Louisiana limited liability company whose only members are Mr. and Mrs. Carroll, filed chapter 7 on July 2, 2008.

Samera L. Abide, chapter 7 trustee for both bankruptcy estates, moved to substantively consolidate the two estates. The Carrolls alone oppose consolidation.

The records of the two cases and the evidence support substantive consolidation.

Facts

The Carrolls…

2Cases cited12 opinions

  1. In the Matter of S.I. Acquisition, Inc., Debtor. S.I. Acquisition, Inc. v. Eastway Delivery Service, Inc.Court of Appeals for the Fifth Circuit · 1987
  2. Sampsell v. Imperial Paper & Color Corp.Supreme Court of the United States · 1941
  3. Rodic v. Thistledown Racing Club, Inc.Court of Appeals for the Sixth Circuit · 1980
  4. In re Owens CorningCourt of Appeals for the Third Circuit · 2005
  5. In Re Drexel Burnham Lambert Group, Inc.United States Bankruptcy Court, S.D. New York · 1992

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