MEMORANDUM OPINION JEFFREY P. NORMAN , Bankruptcy Judge . The Court held a trial in the above captioned adversary proceeding on November 7, 2017. This opinion constitutes this Court's findings of fact and conclusions of law. A separate judgment will be entered. 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 considered findings of fact, they are adopted as such. STATEMENT OF...
WRITTEN REASONS FOR DENIAL OF MOTION FOR STAY PENDING APPEAL OF ORDER DISALLOWING REIMBURSEMENT OF ADVANCES THROUGH DEBTOR'S CHAPTER 13 PLAN JOHN W. KOLWE , Bankruptcy Judge . For the reasons stated orally at the hearing, the Court denied Movant's Emergency Motion for Stay Pending Appeal. 1 The Court supplements its oral ruling on the Motion with these conforming written reasons. A separate Order will be entered. BACKGROUND The Debtor sought to confirm a plan that proposed to pay her...
REASONS FOR DECISION DISALLOWING REIMBURSEMENT OF ADVANCES THROUGH DEBTOR'S CHAPTER 13 PLAN JOHN W. KOLWE , UNITED STATES BANKRUPTCY JUDGE . Before the Court on confirmation is Sharon Boyd Riley's ("Debtor") Chapter 13 plan which proposes to pay her attorney, Thomas C. McBride ("McBride"), as an administrative expense of her estate, the "no-look" attorney fee allowed by standing order in this District plus reimbursement of advances made by McBride to pay the filing fee and other...
MEMORANDUM RULING ROBERT SUMMERHAYS , Bankruptcy Judge . The present matter involves an objection to the proof of claim of an attorney who provided legal services to the debtor and his affiliated entities. Kenneth Michael Wright filed two proofs of claim in the above-captioned bankruptcy case: (1) Claim Number 12 in the amount of $374,817.68, and (2) Claim Number 13 for $74,363.00. Claim Number 12 allegedly represents pre-petition services provided to the debtor, R. Alan Kite. Claim Number...
REASONS FOR DECISION ROBERT SUMMERHAYS , Bankruptcy Judge . This is a non-dischargeability proceeding arising from an early morning fight outside a popular 24-hour diner. The plaintiff, Michael Clayton, contends that he suffered significant injuries at the hands of the debtor, Casey Simon, and that his damages are non-dischargeable as injuries resulting from "willful and malicious" acts under 11 U.S.C. 523 (a)(6). The court took the matter under advisement following a trial on the merits....
REASONS FOR DECISION DENYING MOTION FOR RELIEF FROM AUTOMATIC STAY JOHN W. KOLWE , Bankruptcy Judge . The Debtor, Dionne Britton Banks, filed this Chapter 13 case for the primary purpose of curing a sizeable (over six thousand dollars) prepetition arrearage on her home loan with JPMorgan Chase Bank, N.A. She confirmed a plan that amortizes the arrearage over the 60 month term of the plan. It also provides for the Standing Chapter 13 Trustee, Jon C. Thornburg, to act as the conduit for...
MEMORANDUM RULING ROBERT SUMMERHAYS , United States Bankruptcy Judge . The question before the court is whether a Chapter 11 debtor must pay quarterly fees to the United States Trustee under 28 U.S.C. 1930(a)(6) in a case that was closed with the entry of a final decree and then subsequently re-opened. The debtor was granted a final decree on April 1, 2015, and the case was then closed. On November 20, 2015, the court entered an order re-opening the case for the purpose of selling real...
MEMORANDUM RULING ROBERT SUMMERHAYS , Bankruptcy Judge . The question before the court is whether a Chapter 11 debtor must pay quarterly fees to the United States Trustee under 28 U.S.C. 1930(a)(6) in a case that was closed with the entry of a final decree and then subsequently re-opened to seek relief from the court. The court addressed this question in In re Chandni, LLC, No. 12-21050 (Bankr. W.D. La.) and held that quarterly fees are due for cases that are re-opened by order of the...
REASONS FOR DECISION JOHN W. KOLWE , Bankruptcy Judge . Plaintiff, Louisiana Workforce Commission ("LWC"), obtained an administrative determination that Defendant/Debtor, Michael F. Campbell, received unemployment insurance payments during certain periods when he was not entitled to those benefits. It seeks a determination that its claim against Campbell is nondischargeable. Campbell has moved for dismissal, claiming the Complaint was not filed timely. After considering the arguments of...
REASONS FOR DECISION ROBERT SUMMERHAYS , UNITED STATES BANKRUPTCY JUDGE . This is a non-dischargeability proceeding under 11 U.S.C. 523(a)(2) and 523(a)(4) brought against William Ernst (the "debtor") based on the conduct of his non-filing spouse, Lisa Ernst. The present matter before the court is a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure seeking dismissal of the dischargeability complaint filed by Amerisafe, Inc., American Interstate Insurance...
ORDER DENYING CONFIRMATION JEFFREY P. NORMAN , UNITED STATES BANKRUPTCY JUDGE . This matter is before the Court concerning the confirmation of the debtor's amended Chapter 13 plan (ECF No. 15). A confirmation hearing was held on April 19, 2017. After considering the pleadings, evidence, testimony, arguments, and briefs, the Court makes the following findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52, as incorporated by Federal Rules of Bankruptcy...
REASONS FOR DECISION ROBERT SUMMERHAYS , Bankruptcy Judge . This is a dispute between two non-debtors, David and Troy Myers, over the scope of a settlement agreement between the trustee and David Myers ("Myers"), and whether that court-approved settlement agreement bars a state court lawsuit brought by Troy Myers ("Plaintiff") in the 15th Judicial District Court, Parish of Lafayette, Louisiana. The court took the matter under advisement following oral argument on April 4, 2017. After...
ORDER DENYING FEE APPLICATION AS MOOT JEFFREY P. NORMAN , UNITED STATES BANKRUPTCY JUDGE . This matter is before the Court on the Ex Parte Application for Administrative Expenses (ECF No. 40) filed by counsel for the debtor, David K. Welch. The Court held a hearing on this matter on March 22, 2017. After considering the pleadings, evidence, testimony, and arguments, the Court makes the following findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52, as...
ORDER DENYING APPLICATION FOR COMPENSATION JEFFREY P. NORMAN , Bankruptcy Judge . This matter is before the Court on the Ex Parte Application for Administrative Expenses (ECF No. 104) counsel for the debtor. The Court held a hearing on this matter on March 22, 2017. After considering the pleadings, evidence, testimony, and arguments, the Court makes the following findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52, as incorporated by Federal Rules of...
ORDER DENYING CONFIRMATION JEFFREY P. NORMAN , Bankruptcy Judge . This matter is before the Court concerning the confirmation of the debtors' amended Chapter 13 plan (ECF No. 46). A confirmation hearing was held on March 8, 2017. After considering the pleadings, evidence, testimony, and arguments, the Court makes the following findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52, as incorporated by Federal Rules of Bankruptcy Procedure 7052 and 9014.2. To...
ORDER SETTING MOBILE HOME VALUATION JEFFREY P. NORMAN , Bankruptcy Judge . This matter is before the Court concerning the valuation of a 2013 Southern Energy double wide mobile home in which the debtor resides. The Court held a confirmation hearing on the debtor's Chapter 13 Plan on February 15, 2017. The debtor, 21 st Century Mortgage ("21 st Century"), and the Chapter 13 Trustee stipulated that the hearing would be limited to the issue of the mobile home valuation. All other...
ORDER DENYING CONFIRMATION JEFFREY P. NORMAN , UNITED STATES BANKRUPTCY JUDGE . This matter is before the Court concerning the confirmation of the amended Chapter 13 plan (ECF No. 27) in the above-captioned case. A confirmation hearing was held on January 11, 2017. After considering the pleadings, evidence, testimony, and arguments, the Court makes the following findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52, as incorporated by Federal Rules of...
