ORDER DENYING EX PARTE APPLICATION FOR COMPENSATION JEFFREY P. NORMAN , Bankruptcy Judge . This matter is before the Court on the Ex Parte Application for Compensation and Expenses for Youngblood & Hodges (ECF No. 14) filed by the debtor's counsel on behalf of Youngblood & Hodges, A Professional Accounting Corporation ("Youngblood & Hodges" or "the applicant"). Youngblood & Hodges is seeking compensation in the amount of $255 to be paid as an administrative priority pursuant to...
REASONS FOR DENYING CONFIRMATION AND CONVERTING CASE JOHN W. KOLWE , Bankruptcy Judge . Christopher Hemphill seeks confirmation of his Chapter 13 plan. Origin Bank, f/n/a Community Trust Bank ("Origin Bank"), a secured creditor of Hemphill, objected to confirmation alleging that Hemphill is not in good faith in proposing his plan. The Chapter 13 Trustee also objected on the basis that Hemphill has not made any plan payments. This Court has jurisdiction pursuant to 28 U.S.C. 1334 and by...
MEMORANDUM ORDER JEFFREY P. NORMAN , Bankruptcy Judge . This matter is before the Court on the Objection to Debtor's Claim of Exemptions (ECF #26) filed by the Chapter 7 Trustee, John S. Hodge ("Trustee"), as well the debtor's response (ECF #29) and the Trustee's reply (ECF #31). The Court held a hearing on this matter on August 30, 2016. After considering the pleadings, evidence, testimony, and argument of the parties, and for the reasons stated herein and on the record, the Court...
REASONS FOR DECISION JOHN W. KOLWE , UNITED STATES BANKRUPTCY JUDGE . The debtor in this Chapter 13 case, Clyde Wilson, acquired a post-confirmation cause of action as the result of an auto accident. A settlement of this claim has been reached that will net Wilson $74,067.52. There are two proposals before the court for the disposition of a portion of these funds. The first, proposed by Wilson in an Application to Ratify Compromise, Ratify Attorney Fees and Prepay Base, calls for $2,631....
ORDER CONDITIONALLY GRANTING MOTION TO DISMISS ADVERSARY PROCEEDING, DENYING MOTION TO STRIKE, ALLOWING NOTICE TO WITHDRAW CLAIM, AND GRANTING LEAVE TO AMEND COMPLAINT JEFFREY P. NORMAN , UNITED STATES BANKRUPTCY JUDGE . I. INTRODUCTION On April 25, 2016, plaintiff Bernice Rena Robinson ("Robinson"), who is the debtor in the underlying bankruptcy case, initiated this adversary proceeding against JH Portfolio Debt Equities, LLC ("JH Portfolio"), JD Receivables, LLC ("JD Receivables") and...
REASONS FOR DECISION ROBERT SUMMERHAYS , Bankruptcy Judge . The question before the court is the scope of the safe harbor created by 11 U.S.C. 556 and whether a long-term wood pellet supply agreement falls within that safe harbor. Section 556 allows a "forward contract merchant" to terminate a forward commodities contract post-petition based on an ipso facto clause in the contract. 1 The debtors seek to preserve their right to assume or reject the wood pellet supply contract as an...
ORDER DENYING MOTION FOR SANCTIONS REGARDING VIOLATIONS OF THE DISCHARGE INJUNCTION JEFFREY P. NORMAN , Bankruptcy Judge . This matter is before the Court on the Motion for Sanctions Regarding Violations of the Discharge Injunction (Docket No. 20) filed by the debtor, and the objection (Docket No. 23) thereto filed by LMGH, LLC dba UOwn ("UOwn"). The Court held a hearing on March 8, 2016, and evidence was introduced. For the following reasons, the motion is denied. JURISDICTION The...
ORDER ON APPLICATION FOR REINSTATEMENT AND REFERRAL TO THE DISTRICT COURT FOR ADDITIONAL DISCIPLINARY ACTION ROBERT SUMMERHAYS , Bankruptcy Judge . The present matter before the court is an Application For Reinstatement filed by David Patrick Keating. The court previously suspended Mr. Keating from practice before the U.S. Bankruptcy Court for the Western District of Louisiana for conduct that occurred in In re New Century Fabricators, Inc. , No. 14-50652 (filed May 2014). The court took...
ORDER APPROVING THE CASE TRUSTEE'S APPLICATION FOR COMPENSATION AND EXPENSES JEFFREY P. NORMAN , Bankruptcy Judge . This matter is before the Court on the Case Trustee's Application for Compensation and Expenses (Docket No. 290) filed by Chapter 12 Trustee E. Eugene Hastings, and the objection thereto filed by Mark W. Hennessy ("Hennessy") and Mer Rouge Partners, LLC ("Mer Rouge") (Docket No. 295). The United States Trustee has filed a memorandum in support of the Chapter 12 Trustee's...
ORDER DENYING MOTION TO VACATE AND REQUEST FOR EXPEDITED HEARING JEFFREY P. NORMAN , Bankruptcy Judge . This matter is before the Court on the Motion to Vacate (Docket No. 42) and Motion to Expedite Hearing (Docket No. 43) filed by counsel for the debtor, Keven Molloy. For the following reasons, both motions are denied. The movant seeks the Court vacate its prior order (Docket No. 41) denying his fee application. The Court denied that fee application based on the holding in Harris v....
REASONS FOR DECISION ROBERT SUMMERHAYS , UNITED STATES BANKRUPTCY JUDGE . The present matters before the court are three motions for relief from the automatic stay filed by Kelvin Hoyt, Richard Kozma, and Westley Bourg (individually, a "Movant" and, collectively, "Movants"), and a motion for an order determining that certain claims and causes of action are property of the estate filed by the debtor, Louisiana Oilfield Contractors Association Insurance Fund ("LOCA"). The core issue raised...
