****HEADNOTE****> RULING ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT JOHN W. KOLWE , UNITED STATES BANKRUPTCY JUDGE . Before the Court are two virtually identical motions for partial summary judgment by PADCO Energy Services, LLC ("PES") and PADCO Pressure Control, LLC ("PPC"), seeking to dissolve 35 liens filed by Defendant, Case Energy Services, LLC ("Case"), on the grounds that the liens are invalid under state law. For the reasons set forth below, the Court will grant both motions. 1 I....
MEMORANDUM RULING FROM COURT'S ORDER TO SHOW CAUSE STEPHEN D. WHEELIS , Bankruptcy Judge . Summary of the Record Leading to the Court's Order to Show Cause This matter came before the Court on August 16, 2019, when PMB Rentals, LLC ("PMB") filed a Motion for Relief from the Automatic Stay and noticed it for a hearing on an "if and only if" basis. (ECF No. 27.) On August 27, 2019, the CM/ECF Order Transaction Report reflects that counsel for PMB, George Snellings, using his Court-issued MC/...
RULING FOLLOWING TRIAL JOHN W. KOLWE , UNITED STATES BANKRUPTCY JUDGE . This adversary proceeding involves a preference claim by Craig Jalbert, Chapter 11 Liquidating Trustee of Debtors Louisiana Pellets, Inc. and German Pellets Louisiana, LLC ("Trustee") against creditor, Southern Strategy Group of Louisiana, LLC ("SSG"). The Court took the matter under advisement following a trial on the merits on July 27, 2019. The Court now rules as follows. JURISDICTION This is a core proceeding...
NOT FOR PUBLICATION REASONS FOR DECISION ON CONFIRMATION OF CHAPTER 13 PLAN STEPHEN D. WHEELIS , Bankruptcy Judge . Robert and Michelle Green are above-median debtors who filed a Petition for Relief under Chapter 13 and Chapter 13 Plan on July 31, 2018. Before filing this case, Robert Green was a self-employed contractor who generated an $8,000 per month income. According to the Statement of Financial Affairs, the debtors went from having a gross income of $709,787 in 2017, to...
Memorandum of Decision JOHN S. HODGE , UNITED STATES BANKRUPTCY JUDGE . Debtor asserts multiple objections to a claim filed by a creditor in a motor vehicle credit transaction. In challenging the claim, Debtor seeks to strip its pre-petition interest, late fees and extension fees. First, Debtor argues the claim amount violates the confirmed chapter 13 plan even though the plan states that "unless otherwise ordered by the court, the claim amount listed on the proof of claim controls over...
REPORT AND RECOMMENDATION BY THE UNITED STATES BANKRUPTCY COURT TO THE UNITED STATES DISTRICT COURT STEPHEN D. WHEELIS , Bankruptcy Judge . On December 12, 2018, Plaintiff, Karl Pentecost, filed a Complaint against Chapter 7 Debtor, Louisiana Safety Association of Timbermen Self-Insurers Fund in the United States District Court (Case No. 3:18-cv-01610-TAD-KLH), seeking a Judgment declaring the Judgment of the Louisiana Second Circuit Court of Appeal against Pentecost totaling $669,560.44...
RULING FOLLOWING TRIAL JOHN W. KOLWE , Bankruptcy Judge . In this case, the Trustee seeks to recover payments totaling approximately 1,200,000.00 made by the Debtor, German Pellets Louisiana, LLC (or its parent company), to the Defendant, Wessel GmbH. The Trustee contends that the payments constitute constructive fraudulent transfers under 11 U.S.C. 548(a)(1)(B) because they were made while the Debtor was insolvent and provided the Debtor with less than "reasonably equivalent value" for...
Order JOHN S. HODGE , Bankruptcy Judge . Before the Court is a Petition for Payment of Unclaimed Funds filed by Glay H. Collier, II (the " Petition ") seeking the disbursement of unclaimed funds to himself rather than the limited liability company to which such funds are owed. Pursuant to the provisions of 28 U.S.C. 2041 and 2042, and for the reasons set forth in the Memorandum Ruling issued on this same date, the relief requested by the Petition is hereby DENIED. SO ORDERED.
Memorandum Ruling JOHN S. HODGE , Bankruptcy Judge . In each of the above-captioned cases, Glay H. Collier II, LLC (the "LLC" ), a creditor to whom the Chapter 13 Trustee (the "Trustee" ) sent a check for distribution, failed to timely negotiate it. When the check remained unnegotiated for more than ninety (90) days, the Trustee stopped payment on the check and tendered the unclaimed funds to the Clerk of Court who, in turn, deposited the funds into the registry of this Court...
Judgment JOHN S. HODGE , Bankruptcy Judge . Before the Court is a Motion for Default Judgment (the " Motion ") (Doc. 10). For the reasons set forth in the Memorandum of Decision, IT IS ORDERED that: 1. The Motion is hereby GRANTED. 2. Kerry Norris Lewis (" Plaintiff ") shall recover from Money Mayday Loans, Inc. and Tracy Cullum (collectively " Defendants "), in solido, the amount of $21,895.00 which is hereby awarded by this Court pursuant to 11 U.S.C. 362(k), representing:...
Memorandum of Decision JOHN S. HODGE , Bankruptcy Judge . This case involves a predatory lender which charged an annual percentage rate equal to 209.81% for a loan secured by a vehicle. After the commencement of Debtor's bankruptcy case, lender unlawfully seized the vehicle to satisfy a very small debt, $125.00. Lender refused to surrender the vehicle after it was advised of the existence of the automatic stay. To make matters worse, both Defendants forged and backdated instruments to...
Order Denying (Overruling) Objections to Claims JOHN S. HODGE , Bankruptcy Judge . Before the Court are objections filed by Debtor to the following proofs of claim (collectively the " Claims: ") (1) Claim No. 5 filed by Ford Motor Credit Company, LLC, (2) Claim No. 2 filed by Cavalry SPV I, LLC as assignee of Capital One Bank (USA), N.A./Direct Merchants Bank and (3) Claim No. 3 filed by Cavalry SPV I, LLC as assignee of Capital One Bank (USA), N.A. For the reasons set forth in the...
Memorandum of Decision JOHN S. HODGE , Bankruptcy Judge . This case presents two questions arising from claim objections. First, whether an unsecured claim for contract-based attorneys' fees should be reduced where the objecting party argued the fees were unreasonable. Second, whether claims subject to a three-year liberative prescription should be disallowed where the debts were acknowledged by Debtor in a prior bankruptcy filed less than three years before the commencement of this case....
Order JOHN S. HODGE , Bankruptcy Judge . Before the Court is a motion filed by the United States Trustee (the " Motion ") seeking the disgorgement of fees from, and the imposition of fines on, bankruptcy petition preparer Cheynita Sneed (Doc. 63). Pursuant to the provisions of 11 U.S.C. 110 and for the reasons set forth in the Memorandum of Decision issued on this same date, the relief requested by the Motion is hereby GRANTED . For the reasons set forth in the Memorandum of...
Memorandum of Decision JOHN S. HODGE , UNITED STATES BANKRUPTCY JUDGE . Before the Court is a motion filed by the United States Trustee (the " UST Motion ") seeking to disgorge fees from, and impose fines on, bankruptcy petition preparer (" BPP ") Cheynita Sneed 1 for violations of 11 U.S.C. 110. (Doc. 63). The Court held an evidentiary hearing on the UST Motion on January 9, 2019. Testimony was given by Ms. Sneed and the debtor, Diane Stokes Farris (" Debtor "). The United...
Order Dismissing Case JOHN S. HODGE , Bankruptcy Judge . Before the Court is a motion filed by Richland State Bank (the " Bank ") seeking the dismissal of this Chapter 11 case or, in the alternative, the lifting of the automatic stay and the appointment of a Chapter 11 trustee. (Doc. 22). Also before the Court is a motion filed by the United States Trustee (" UST ") seeking the dismissal of this case or, in the alternative, conversion of the case to Chapter 7. (Doc. 31). Pursuant to...
Memorandum of Decision JOHN S. HODGE , UNITED STATES BANKRUPTCY JUDGE . Before the Court is a motion filed by Richland State Bank (the " Bank ") seeking the dismissal of this Chapter 11 case or, in the alternative, the lifting of the automatic stay and the appointment of a Chapter 11 trustee. (Doc. 22). Also before the Court is a motion filed by the United States Trustee (" UST ") seeking the dismissal of this case or, in the alternative, conversion of the case to Chapter 7. (Doc. 31)....
