ORDER JERRY A. BROWN , Bankruptcy Judge . Considering the Stipulation by and Between Entergy Louisiana, LLC. and Debtor in Possession Concerning Adequate Assurance of Payment for Post-Petition Electric Services Pursuant To 11 U.S.C. 366 ("the Stipulation") entered into by Entergy Louisiana, LLC ("Entergy") and The Upper Room Bible Church, Inc. ("Debtor") in the above Chapter 11 case, and considering the premises, it is hereby ordered that the above stipulation, which is attached hereto...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . The Motion for Sanctions and Reimbursement of Costs and Attorneys' Fees 1 and Supplemental Request 2 came before the Court on October 12, 2016. After conclusion of the hearing, the Court took the matter under advisement. I. Findings of Fact On June 6, 2013, Kiva Construction & Engineering, Inc. ("Kiva") filed a Voluntary Petition for Relief under Chapter 11 of the Bankruptcy Code. Kiva's schedule of assets shows ownership...
MEMORANDUM OPINION JERRY A. BROWN , Bankruptcy Judge . This matter came before the court on April 12, 2016 as a trial on the complaint and amended complaint of plaintiffs William A. Demmons, III ("Demmons") and Karen S. Fowler ("Fowler") against defendant Saba University School of Medicine for breach of contract and fraudulent misrepresentation, and against defendants American Educational Services, Maine Educational Services, Navient Solutions, Inc., State of Colorado, Department of Higher...
MEMORANDUM OPINION JERRY A. BROWN , Bankruptcy Judge . This matter came before the court on June 6 and 7, 2016 as a trial on the complaint of Joanne and Walter Gallinghouse, Gallinghouse & Associates, Inc., and G & A Publishing ("the Gallinghouses") against William Matthew Black ("Black") seeking nondischargeability of a debt under 11 U.S.C. 523(a)(4), (6), (7), (13) and (17), and on a separate adversary complaint filed by Black against the Gallinghouses seeking to avoid a preferential...
MEMORANDUM OPINION JERRY A. BROWN , Bankruptcy Judge . This matter came before the court on June 6 and 7, 2016 as a trial on the complaint of Joanne and Walter Gallinghouse, Gallinghouse & Associates, Inc., and G & A Publishing ("the Gallinghouses") against William Matthew Black ("Black") seeking nondischargeability of a debt under 11 U.S.C. 523(a)(4), (6), (7), (13) and (17), and on a separate adversary complaint filed by Black against the Gallinghouses seeking to avoid a preferential...
MEMORANDUM OPINION JERRY A. BROWN , Bankruptcy Judge . This matter came before the court on April 18, 2016 for trial on the complaint of Kimberly Johnson Evans ("Evans") seeking to declare non-dischargeable under 11 U.S.C. 523(a)(2), (a)(5), and (a)(15) certain debts owed to her by the debtor, Louis Kirkland, Jr. ("Kirkland"). The court finds that the debts are non-dischargeable, and judgment will be entered for Evans in a separate order. I. Background Facts Kirkland and Evans...
REASONS FOR DECISION Hon. Elizabeth W. Magner , U.S. Bankruptcy Judge . The Motion to Reconsider and Amend Judgment ("Motion to Reconsider") filed by 800 Bourbon Street, L.L.C. ("800 Bourbon") came up for hearing on March 4, 2016. 1 Following the hearing, the record remained open for the limited purpose of allowing the parties to submit transcript excerpts of the continued 2004 Examination of Johnny Chisholm as well as the subpoena response by Julian MacQueen to the Didriksen Law Firm...
OPINION Hon. Elizabeth W. Magner , U.S. Bankruptcy Judge . The Motion for Partial Summary Judgment 1 filed on behalf of Gemino Healthcare Finance, LLC ("Gemino") came before the Court for hearing on February 19, 2016. Following the hearing, the parties requested additional time to prepare post hearing briefs, which was granted. On March 31, 2016, the last brief was filed, after which the Court took the matter under advisement. I. FACTS In August 2008, HealthEdge Investment Fund, L.P.,...
MEMORANDUM OPINION JERRY A. BROWN , Bankruptcy Judge . This matter came before the court October 15, 2015 as a trial on an open account filed in state court and removed pursuant to 28 U.S.C. 1334 by the plaintiff-debtor, Devier Design and Build LLC ("debtor"), to recover unpaid sums under two contracts with the defendant Hasan Alawemleh ("Alawamleh"). For the reasons set forth below, the court finds that the debtor completed the services called for under the contract, so payment for...
MEMORANDUM OPINION JERRY A. BROWN , Bankruptcy Judge . This matter arose out the foreclosure of the mortgage on the debtors' home by the Bank of New York ("BONY"). The adversary proceeding came on for trial on October 26, 2015 on the first amended complaint (P-31) of the debtors, Qunston and Yolanda Coleman (the "debtors") against defendants Barclays Capital Real Estate Inc. d/b/a Homeq Servicing, Deutche Bank National Trust Company as Trustee, Mortgage Electronic Registration System a.k....
MEMORANDUM OPINION JERRY A. BROWN , Bankruptcy Judge . This matter came before the court on September 17, 2015 as a trial on the complaint filed by creditor, Navy Federal Credit Union ("NFCU") seeking to declare the debt owed by the debtor, Larry Gaines ("Gaines"), nondischargeable under 11 U.S.C. 523(a)(2)(A) and (a)(2)(B). For the reasons set forth below, the court finds that NFCU did not prove its case by a preponderance of the evidence as required by the statute. I. Background...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . This matter is before the Court pursuant to a Motion to Dismiss for Lack of Jurisdiction and Alternative Objection to Court's Authority to Enter a Final Order (P-31) filed on behalf of HealthEdge Investment Fund, L.P., Concentric Equity Partners II, L.P. and He-Iom Affiliates, LLC. I. FACTS In August of 2008, HealthEdge Investment Fund, L.P., Concentric Equity Partners II, L.P. and He-Iom Affiliates, LLC (collectively, "...
REASONS FOR DECISION Hon. Elizabeth W. Magner , U.S. Bankruptcy Judge . On November 24, 2015, Paul Gremillion, Sr. ("Debtor") filed a voluntary petition seeking bankruptcy relief under Chapter 11 of the United States Bankruptcy Code. HealthEdge Investment Fund, L.P., Concentric Equity Partners II, L.P. and He-Iom Affiliates, LLC (collectively, "HealthEdge") filed a Motion to Dismiss, charging that Debtor's filing was in bad faith. On motion, 11 U.S.C. 1112(b) authorizes a bankruptcy...
MEMORANDUM OPINION Hon. Elizabeth W. Magner , U.S. Bankruptcy Judge . On September 30, 2015, the following matters came before the Court: 1) Motion to Dismiss Party filed by Fidelity National Title Insurance Co. ("Fidelity"); 1 2) Motion to Strike Law and Legal Issues filed by Bruce Feingerts ("Feingerts"); 2 3) Motion for Partial Summary Judgment filed by Ronda D'Anna; 3 4) Trial on the merits in case 15-1045; 5) Trial on the merits in case 15-1018; and 6) Motion for Partial...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . On November 24, 2015, Paul Gremillion, Sr. ("Debtor") filed a Voluntary Petition For Relief Under Title 11, Chapter 11 of the United States Bankruptcy Code. On November 25, 2015, Debtor filed an Application For An Interim Order Authorizing Employment of John C. Anderson and the Anderson Firm, LLC, as counsel. HealthEdge Investment Fund, L.P., Concentric Equity Partners II, L.P. and He-Iom Affiliates, LLC (collectively, "...
