SECTION "B" MEMORANDUM OPINION Jerry A. Brown , U.S. Bankruptcy Judge . This matter came before the court on March 26-28, 2019 as a trial on the complaint of H. Kenneth Lefoldt, as Trustee of the Whistler Energy II, LLC litigation trust (the "Trustee"), seeking to recover, under 11 U.S.C. 547, from Nabors Offshore Corporation ("Nabors") payments made to the debtor, Whistler Energy II, LLC ("Whistler"), in the 90 days before the filing of an involuntary bankruptcy petition against...
MEMORANDUM OPINION Jerry A. Brown , U.S. Bankruptcy Judge . This matter came before the court on the motion filed by H. Kenneth Lefoldt, Jr., Trustee of the Whistler Energy II, LLC Litigation Trust ("Trustee") asking the court to grant summary judgment to the Trustee on his complaint to recover property of the estate under 11 U.S.C. 547. For the reasons set forth below, the motion is granted in part and denied in part. Because the Trustee has shown that he is entitled to summary...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . On August 29, 2019, Charlette Coleman's ("Debtor") Objection to Claim No. 6 of Carrington Mortgage ("Mortgagee"), came before the Court. The Court held its ruling until September 4, 2019 to allow Debtor and Carrington Mortgage to come to agreement. The Parties were unable to resolve the issue. I. Facts On April 23, 2019, Debtor filed a voluntary petition for relief under Title 11, Chapter 13 of the Bankruptcy Code. 1 Debtor...
MEMORANDUM OPINION ELIZABETH W. MAGNER , Bankruptcy Judge . On May 9, 2019, the partition of former community property between Lynda Ronquillo Ton ("Lynda Ton") and Hendrikus Ton ("Hank Ton") came before the Court. Post-trial briefs were submitted on June 5, 2019 after which the Court took the matter under advisement. I. FACTS: On November 4, 1987, Lynda and Hank Ton (collectively the "Parties") married. 1 The Parties did not execute a marriage contract or prenuptial agreement. As a...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . The Motion for Sale of Naked Ownership of Property 1 filed by Michael and Tiffany Ryan ("Debtors") came before the Court on July 30, 2019. At the conclusion of the hearing, the Court took the matter under advisement. I. Facts Debtor's father died intestate. Debtor's mother owns half of the former community property ("Property"). She has a legal usufruct over the other half, 2 and Debtor and his three (3) siblings are the...
MEMORANDUM OPINION Jerry A. Brown , U.S. Bankruptcy Judge . This matter came before the court as a hearing on the motion of the Chapter 7 Trustee to reopen the bankruptcy case, withdraw the report of no distribution, reappoint the Trustee, and waive the filing fee (P-19). The Trustee alleges in his motion that the debtor has filed a claim in state court related to a product liability suit and that such claim was unscheduled in the debtor's bankruptcy case. Although the Trustee's motion...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . On May 7, 2019, Bevolo Gas & Electric Lights, Inc. ("Bevolo") filed an Expedited Ex Parte Motion to Reconsider Discovery Ruling 1 (P-157) ("Motion"). The Court having reviewed the motion and applicable law, deems no rehearing necessary. For the reasons below, the Court DENIES Bevolo's Expedited Ex Parte Motion to Reconsider Discovery Ruling. I. Background: As their names suggest, Bevolo and Flambeaux Gas & Electric Lights,...
SECTION "A" ORDER WITH REASONS Jerry A. Brown , U.S. Bankruptcy Judge . This matter came before the court on February 22, 2019 as a hearing on a motion for summary judgment filed by defendant BankPlus (P-16). 1 The adversary proceeding is an objection to the claim of BankPlus. The issue is whether BankPlus was obligated to re-inscribe its mortgage to maintain its secured position on property of the estate. BankPlus, in its motion, maintains that it was not required to reinscribe the...
MEMORANDUM OPINION ELIZABETH W. MAGNER , Bankruptcy Judge . Trial in the above-captioned adversary proceeding came before the Court on February 14, 2019. At the conclusion of trial, the Court granted the parties time to file simultaneous briefs. Briefs were filed on March 25, 2019, after which the Court took the matter under advisement. I. Facts: On May 9, 2017, Willow Bend filed a Voluntary Petition for Relief under Chapter 11 of the Bankruptcy Code. No trustee was appointed, and...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . The Objection to Claim 2 of Republic Finance, LLC ("Republic") filed by debtors Melva and David Lee (collectively "Debtors") came before the Court on April 30, 2019. 1 Republic did not file a response nor did it appear at the hearing. For the reasons orally entered at the hearing, the Court finds the descriptions contained in Republic's security agreement to be sufficient and recognizes Republic's interest in the listed items....
AMENDED WRITTEN REASONS FOR ORDER JERRY A. BROWN , Bankruptcy Judge . This matter comes before the court on remand from the district court (P-73). The district court on November 6, 2018 entered an order remanding the appeal taken in this case to the bankruptcy court so that the court may enter more detailed reasons for its order of June 13, 2018 dismissing the plaintiffs' complaint and permanently enjoining them from further litigating certain claims related to the proceedings that have...
WRITTEN REASONS FOR ORDER JERRY A. BROWN , Bankruptcy Judge . This matter comes before the court on remand from the district court (P-73). The district court on November 6, 2018 entered an order remanding the appeal taken in this case to the bankruptcy court so that the court may enter more detailed reasons for its order of June 13, 2018 dismissing the plaintiffs' complaint and permanently enjoining them from further litigating certain claims related to the proceedings that have already...
SECTION "A" REASONS FOR DECISION Hon. Elizabeth W. Magner , U.S. Bankruptcy Judge . On August 21, 2018, John and Allison Cousins' ("Debtors") Objection to Claim No. 8 of the Internal Revenue Service ("Objection") came before the Court. After hearing, the Court took this matter under advisement. I. Background: On March 26, 2018, Debtors filed a Petition for Relief under Chapter 13 of Title 11 of the United States Code. 1 On April 27, 2018 the Internal Revenue Service ("IRS") filed a...
MEMORANDUM OPINION JERRY A. BROWN , Bankruptcy Judge . This matter came before the court on September 25 and 26, 2018 as a trial on the complaint of Enmon Enterprises, L.L.C., d/b/a Jani King ("Jani King") against the debtor, Terry David Gaddis, Jr., seeking to declare a debt non-dischargeable pursuant to 11 U.S.C. 523(a)(2)(A). For the reasons set forth below, the court finds that Jani King did prove a breach of contract and fraud with respect to the Pascale's Manale contract. The...
SECTION "A" REASONS FOR DECISION Hon. Elizabeth W. Magner , U.S. Bankruptcy Judge . On January 18, 2019, hearing on the Motion for New Trial and/or to Reconsider Dismissal of the Case ("Motion") filed by Stanley Jordan, Sr. ("Debtor"), came before the Court. Following the hearing, the Court took the matter under advisement. On June 27, 2018, Debtor filed for Chapter 13 bankruptcy relief. In 2002, Debtor was a codebtor in his wife's Chapter 7 bankruptcy. This case is Debtor's fifth...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . The Motion for Entry of Order Authorizing Debtor To Reject Supplemental and Amending Settlement and Mutual Release Agreement 1 filed by Flambeaux Gas & Electric Lights L.L.C ("Flambeaux") and the Objection by Bevolo Gas & Electric Lights, Inc. ("Bevolo") 2 came before the Court on November 13, 2018. The Court requested that the parties file additional briefs no later than January 15, 2018. Upon the filing of the briefs, the...
ORDER WITH REASONS JERRY A. BROWN , Bankruptcy Judge . This matter came before the court on February 6, 2019 as an evidentiary hearing on the debtor's objection to Proof of Claim number 3 filed by the Louisiana Department of Revenue ("LDR"). The LDR filed a proof of claim in the amount of $92,145.46 seeking to hold the debtor personally liable for the failure of Psalms 23 DME, LLC (the "LLC") to file withholding tax returns for the tax periods between 5/31/2008 and 6/30/2018, and to pay...
MEMORANDUM OPINION JERRY A. BROWN , Bankruptcy Judge . This matter came before the court on the complaint filed by Barbara Rivera-Fulton, Chapter 7 Trustee ("Trustee") against Jefferson Financial Federal Credit Union ("Credit Union") seeking to avoid the transfer of funds from the debtor to the Credit Union made within 90 days of the date the debtors filed their petition for relief under Chapter 7 of the United States Bankruptcy Code. 1 The parties agreed there were no factual issues for...
MEMORANDUM OPINION JERRY A. BROWN , Bankruptcy Judge . This matter came before the court on November 21, 2018 as a hearing on the motion of the debtors, Michael and Tina Bostick, to modify their Chapter 13 plan (P-38), and the objection by the Chapter 13 Trustee. After the hearing, the court ordered additional briefing and took the matter under advisement. The debtors seek to modify their plan by requiring the Trustee to apply a payment of $24,796.87, that the Trustee received from the...
