SECTION A REASONS FOR DECISION Hon. Elizabeth W. Magner , U.S. Bankruptcy Judge . The Motion for Relief from Stay filed by AP Direct L.L.C. ("AP") and the Objection filed by debtors, James and Wanda Curley (collectively "Debtors") came before the Court on May 9, 2017. At the conclusion of the hearing, the Court took the matter under advisement. I. Findings of Fact On October 6, 2014, Debtors filed a Voluntary Petition for Relief under Chapter 13 of the Bankruptcy Code ("Petition Date")...
REASONS FOR ORDER ELIZABETH W. MAGNER , Bankruptcy Judge . This matter came before the Court as an Objection to Proof of Claim #10 (P-27) filed by Sonia Henriques ("D e btor"). Debtor challenges Proof of Claim #10's, filed by Heartland Federal Credit Union ("Heartland"), secured status. Proof of Claim #10 is in the amount of $12,816.55. Oral argument was held and appearances were made by: Mark Needham, counsel for Debtor Andrew Wiebelt, counsel for the Chapter 13 Trustee Following oral...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . On or about August 16, 2007, Marivette Mouton and Gregory Mouton (the "Moutons") filed a "Petition for Damages, Wrongful Death and Survival Action" against Kami Dehler ("Dehler") and "ABC Insurance Company." (P-22). The cause of action arose from the death of the Moutons' infant daughter, Marybeth Mouton. The Moutons alleged that enumerated actions and/or inactions on the part of Dehler, who served as a midwife during the...
MEMORANDUM OPINION ELIZABETH W. MAGNER , Bankruptcy Judge . Trial in the above-captioned adversary proceeding was held on June 22 and 23, 2017. At the conclusion of trial, the Court granted the parties time to file simultaneous briefs. After the filing of briefs on September 1, 2017, the Court took the matter under advisement. I. Background 800 Bourbon Street, L.L.C. ("800 Bourbon") is a closely held company. In 2005, Johnny Chisholm ("Chisholm") and Doyle Yeager were its sole members....
MEMORANDUM OPINION JERRY A. BROWN , Bankruptcy Judge . This matter came before the court on the plaintiff/debtor, Factory Sales & Engineering, Inc.'s ("FSE") Emergency Motion for Temporary Restraining Order (P-2), and the objections thereto filed by Electrica Nueva Energia S.A. ("ENESA") and JP Morgan Chase Bank, N.A. ("Chase"). An order was entered on August 21, 2017 granting a temporary restraining order (P-5), and a hearing was held on August 25, 2017. At the hearing, the court...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE CONFIRMATION OF THE PLAN PROPONENTS' AMENDED JOINT PLAN OF LIQUIDATION JERRY A. BROWN , Bankruptcy Judge . This matter came before the Court on the confirmation of the Amended Joint Plan of Liquidation, dated August 1, 2017 [P-470] 2 (the " Amended Joint Plan "), 3 proposed by LMCHH PCP LLC, a Delaware limited liability company, and Louisiana Medical Center and Heart Hospital, LLC, a North Carolina limited liability company (together,...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . I. FACTS On May 21, 2015, The Glass Men of St. Tammany, LLC ("Debtor") filed a petition for relief under Chapter 7 of Title 11, United States Code. 1 With the petition came Debtor's Schedules listing the Internal Revenue Service as a priority unsecured creditor and three (3) nonpriority unsecured creditors, Clear Edge Wholesalers, Coral Industries and On Deck Capital, Inc. 2 Barbara Rivera-Fulton was appointed the Chapter 7...
ORDER WITH REASONS JERRY A. BROWN , Bankruptcy Judge . This matter came before the court on July 19, 2017 as a hearing on the debtor's Motion to Hold Empire Airlines, Inc. d/b/a Empire Aerospace in Contempt for Violation of the Automatic Stay and for Damages (P-112) and the objection thereto filed by Empire Airlines, Inc. ("Empire"). Because the court concludes that the automatic stay was violated when Empire filed its lien with the Federal Aviation Administration ("FAA"), IT IS ORDERED...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . The Objection to Claim of Harley-Davidson Financial ("Harley") and Motion for Sanctions 1 came before the Court on October 25, 2016. The Court directed the parties to file briefs no later than November 11, 2016. Upon filing of the briefs, 2 the Court took the matter under advisement. The parties agreed that the Court should hold its decision due to an identical legal question pending before the United States Supreme Court....
ORDER WITH REASONS JERRY A. BROWN , Bankruptcy Judge . This matter came before the Court on the Motion for Appointment of Interim Class Counsel and Related Relief filed by Barbara Kusnick, on behalf of herself and all others similarly situated, ("Kusnick Plaintiffs") and the opposition filed by Terry King, on behalf of himself and all others similarly situated ("King Plaintiffs"). 1 On February 17, 2017, after transfer of the bankruptcy proceedings to this court, the Kusnick Plaintiffs,...
ORDER WITH REASONS JERRY A. BROWN , Bankruptcy Judge . This matter came before the Court on the Motion to Dismiss or Alternatively Stay Proceedings filed by eClinicalWorks, LLC ("ECW") (P-22) and the Oppositions filed by Cardiovascular Care Group, LLC ("CCG"), Louisiana Medical Center and Heart Hospital, LLC ("Hospital"), LMCHH PCP, LLC ("LMCHH"), Dr. Alan Weems, M.D. ("Weems"), and Neurological Surgery of Covington, PLLC ("NSC"). On August 3, 2016, Cardiovascular Care Group, LLC ("CCG")...
SUPPLEMENTAL MEMORANDUM OPINION [RELATES TO ECF. NO. 595] JERRY A. BROWN , Bankruptcy Judge . This matter came before the court on December 12, 13, 19 and 28, 2016 as a hearing on Nabors Offshore Corporation's ("Nabors") Motion for Allowance of Administrative Expense Claim (P-354), and the objections thereto. At the same time Apollo Franklin Partnership L.P., Apollo Centre Street Partnership, Apollo Special Opportunities Managed Account, LP, Apollo Credit Opportunity Fund III AIV I LP,...
MEMORANDUM OPINION Jerry A. Brown , U.S. Bankruptcy Judge . This matter came before the court on December 12, 13, 19 and 28, 2016 as a hearing on Nabors Offshore Corporation's ("Nabors") Motion for Allowance of Administrative Expense Claim (P-354), and the objections thereto. At the same time Apollo Franklin Partnership L.P., Apollo Centre Street Partnership, Apollo Special Opportunities Managed Account, LP, Apollo Credit Opportunity Fund III AIV I LP, ANS Holdings (WE), Ltd., and Apollo...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . The Motion to Strike filed by Bay Bridge Building Limited Company, L.L.C. ("Bay Bridge") 1 and the Motion to Designate Issues for Trial filed by 800 Bourbon Street, L.L.C. ("800 Bourbon") 2 came before the Court on February 3, 2017. After the hearing, the motions were taken under advisement. I. Findings of Fact On July 15, 2015, Bay Bridge filed Proof of Claim no. 5 in 800 Bourbon's bankruptcy case. Bay Bridge claimed a...
REASONS FOR DECISION ELIZABETH W. MAGNER , Bankruptcy Judge . On January 19, 2017, the Motion for Turnover 1 filed by Barbara Rivera-Fulton, Chapter 7 trustee ("Trustee") and the Objection 2 by debtor, Charles Edward Lincoln, III ("Debtor"), came before the Court. After hearing the arguments of counsel, the Court took the matter under advisement. I. Findings of Fact Debtor filed a Voluntary Petition for Relief under Chapter 11 of the Bankruptcy Code on October 26, 2016 ("Petition Date")...
