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LOUISIANA RECORD

Saturday, April 20, 2024

Transfer of home subject of suit in bankruptcy court

Lawyer

BATON ROUGE – A woman seeks the court's help in a dispute over the transfer of a martial home.

Mary I. Spencer Williams and Samera L. Abide filed a complaint on Feb. 2 in the U.S. Bankruptcy Court for the Middle District of Louisiana against John David Francis, Pelican State Credit Union, Jacob Williams and the state of Louisiana alleging that they violated the Louisiana Civil Code.

According to the complaint, the plaintiffs allege that Mary I. Spencer Williams received less than a reasonable equivalent value in exchange for the transfer of a marital property owned with ex-husband Jacob Williams after filing for bankruptcy protection. The plaintiffs hold John David Francis, Pelican State Credit Union, Jacob Williams and the state of Louisiana responsible because John David Francis, the son of the Williams, allegedly did not give reasonable value for the property, and Jacob Williams allegedly executed a quit claim deed in favor of defendant John David Francis.

The plaintiffs request that the transfers of the property be avoided; that the property be conveyed back to the bankruptcy estate free and clear of any and all encumbrances, interests and claims; that the clerk and recorder of mortgages be ordered to cancel any and all encumbrances, claims and interests affecting the property; and for all other relief that they are entitled. They are represented by Samera L. Abide of Samera L. Abide Law Office in Baton Rouge and Steven P. Lemoine of Robert H. Schmolke, APLC in Baton Rouge.

U.S. District Court for the Middle District of Louisiana Case number 16-01011

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