Order Denying Motion to Vacate JOHN S. HODGE , Bankruptcy Judge . Before the Court is Debtor's Motion to Vacate an order dismissing this case. For the following reasons, the Motion is DENIED. I. Jurisdiction This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1334 and by virtue of the reference by the district court pursuant to 28 U.S.C. 157(a) and LR 83.4.1. All claims presented to this Court are "core" pursuant to 28 U.S.C. 157 (b)(2)(A) and (O). The Supreme...
REASONS FOR DECISION ROBERT SUMMERHAYS , Bankruptcy Judge . This case involves fraudulent transfer and preference claims brought by Jason R. Searcy, Trustee of the Saratoga Liquidating Trust (the "Trustee") against Collarini Engineering, Inc. ("Collarini"). The court took the matter under advisement following a trial on the merits. The court now rules as follows. JURISDICTION This case has been referred to this court by the Standing Order of Reference entered in this district which is...
REASONS FOR DECISION ROBERT SUMMERHAYS , Bankruptcy Judge . The present matter before the court is a request for sanctions filed by the duly-appointed Chapter 11 Trustee, John Luster (the "Chapter 11 Trustee"), the Official Committee of Unsecured Creditors, and Cross Keys Bank. The movants allege that Michael Carr and PADCO Energy knowingly and intentionally violated the orders of this court by embarking on a scheme to defraud creditors by mastering and hiding assets of the estate from the...
REASONS FOR DECISION ROBERT SUMMERHAYS , Bankruptcy Judge . The United States Trustee (the "Trustee") brought this action against Christian D. Chesson ("Chesson")and Christian D. Chesson (A Professional Law Corporation)("Chesson Law Offices" and, together with Chesson, "Defendants") asserting that Defendants impersonated clients filing Chapter 13 cases during statutorily mandated pre-filing credit counseling briefings and filed false credit counseling verifications with the court. The...
MEMORANDUM OPINION JOHN W. KOLWE , Bankruptcy Judge . Before the Court is the Motion to Certify Class filed by the plaintiff, T. Brett Brunson, the Chapter 7 Trustee for the debtor, Louisiana Safety Association of Timbermen Self Insured Fund ("Timbermen"). Prior to seeking relief under Chapter 7, Timbermen was a group self-insurance fund that provided workers' compensation benefits to employees of members of the fund. The Trustee filed this adversary proceeding alleging Timbermen's members...
MEMORANDUM OPINION JEFFREY P. NORMAN , Bankruptcy Judge . This matter is before the Court concerning the counterclaims (ECF No. 250) filed by M.B. Industries, L.L.C. Liquidating Trust, which is the successor in interest to M.B. Industries, L.L.C. (the "Debtor"). The counter-defendants are David Dooley, Sr., Brenda Dooley, David M. Dooley, Jr., and Chris Vallot ("the Dooley Parties"). All of the Debtor's counterclaims against Brenda Dooley, David M. Dooley, Jr., and Chris Vallot have been...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER CONFIRMING FOURTH AMENDED PLAN OF REORGANIZATION PROPOSED BY CHAPTER 11 TRUSTEE DATED APRIL 11, 2018 JOHN W. KOLWE , Bankruptcy Judge . The Court held the confirmation hearing on Wednesday, June 20, 2018 (the "Confirmation Hearing"), and considered confirmation of the Fourth Amended Chapter 11 Plan of Reorganization Proposed by the Chapter 11 Trustee and dated April 11, 2018 (the "Plan") [P-440] filed by Lucy G. Sikes in her...
REASONS FOR DECISION ROBERT SUMMERHAYS , Bankruptcy Judge . This is a non-dischargeability proceeding brought by Southland Truck Leasing, LLC ("Southland") against the debtor, David Dupre Hebert, under 11 U.S.C. 523(a)(2). The court took the case under advisement after a trial on the merits and the submission of post-trial memoranda. The court has considered the record, the relevant authorities, and the arguments of counsel, and rules as follows. JURISDICTION The court has jurisdiction...
REASONS FOR DECISION ROBERT SUMMERHAYS , Bankruptcy Judge . The plaintiffs in this adversary proceeding, Michael Quinn and Workplace Cornerstone Group, LLC ("WCG") contend that the defendant, John Godinez, fraudulently converted $100,142 of WCG's funds to his own personal use during a period when he and Quinn were business partners. Quinn and WCG seek a judgment declaring the $100,142 non-dischargeable under 11 U.S.C. 523(a)(2)(A), 523(a)(4), and 523(a)(6). The court took the case under...
MEMORANDUM OPINION JEFFREY P. NORMAN , Bankruptcy Judge . The Court held a hearing on the Acting United States Trustee's Motion to Disgorge Fees and for Other Appropriate Relief (ECF No. 16) in the above captioned bankruptcy proceeding on January 9, 2018. This opinion constitutes this Court's findings of fact and conclusions of law. To the extent any of the findings of fact are considered conclusions of law, they are adopted as such. To the extent any of the conclusions of law are...
