Written Opinions Report
U.S. Bankruptcy Court -- Western District of Louisiana
Filed Report Period: 4/25/2005 - 11/10/2009

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Case Number: 
Case Name:
Date Filed:
Doc. #
Description:
WRT Energy Corporation
9/28/2007
Reasons for Decision (Re: 2882 Order Granting Motion Seeking Permission Nunc Pro Tunc to Prosecute Civil Litigation Against Goldin Associates, LLC in the United States District Court for the Western District of Louisiana Filed by Brent B. Barriere on behalf of Central Boat Rentals, Inc. (stac, )
11/13/2008
REASONS FOR DECISION (Re: 2877 Miscellaneous Motion, 2902 Motion to Set Hearing) Court denies Goldin's motion at this stage of the proceeding. However, this denial is without prejudice to Goldin reasserting its request for an undertaking should CBR's request for class certification be denied. Separate orders of conformity will be entered into the record of this proceeding. (melo)
Gary Leroy Miller
6/20/2008
Copy of Ruling and Order from District Court (CV 07-0122) DENYING the Motion to Withdraw the Reference and the Supplemental Motion to Withdraw the Reference. It Is Further Ordered that the case is REMANDED to the Bankruptcy Court for further proceedings consistent with the opinion. (mela)
Canal Refining Company
6/7/2006
MEMORANDUM RULING Sustaining Objection of clm of Hubert Vidrine & claim is disallowed (Re: 348 Amended Document, ) (laur, )
6/13/2008
Memorandum Ruling Overruling the trustee's opposition & Granting URL's Motion for Payment. Atty. for URL to submit order in conformity w/reasons w/in 20 days. (Re: 513 Motion to Allow Claims) (laur)
Sunnyside Timber, LLC
5/16/2006
Reasons for Decision (Re: 1065 Motion to Compel Compliance with the Terms of the Settlement Agreement and, Motion For Sanctions and Attorneys' Fees, 1049 Joint Motion to Confirm and Approve Performance Pursuant to Settlement Agreement and [1 069] Motion for Determination of Proper Payment); Jt. Mt. to Confirm is granted; Mt. for Determination is denied and the Mt. to Compel is denied; w/in 15 days counsel for the trustees shall submit an order in conformity w/ the foregoing reasons; IT IS SO ORDERED. (demn, )
6/26/2008
Memorandum Ruling (Re: 1187 Ruling of US District Judge on Appeal) as to a choice of law determination and a determination whether the record of appeal should be supplemented with a letter from the Trustee to SCO; THE COURT'S CONCLUSION OF LAW DO NOT REQUIRE MODIFICATION OF THE COURT'S RULING AS REFLECTED IN THE MAY 26TH ORDER; THE MOTION TO SUPPLEMENT THE RECORD WITH THIS LETTER IS DENIED. (demn)
Sunnyside Land, LLC
5/16/2006
Reasons for Decision (Re: 736 Joint Motion to Confirm and Approve Performance Pursuant to Settlement Agreement, 756 Motion for Determination of Proper Payment and 752 Motion to Compel Compliance with the Terms of the Settlement Agreement and, M otion For Sanctions and Attorneys Fees); jt. motion to confirm is granted; mt. for determination is denied and the mt. to compel is denied; w/in 15 days counsel for the trustees shall submit an order in conformity with the foregoing reasons; IT IS SO ORDERED. (demn, )
6/26/2008
Memorandum Ruling (Re: 876 Ruling of US District Judge on Appeal)as to a choice of law determination and a dtermination whether the record on appleal should be supplemented with a letter from the Trustee to SCO; THE COURT'S CONCLUSIONS ON CHOICE OF LAW DO NOT REQUIRE MODIFICATION OF THE COURT'S RULING AS REFLECTED IN THE MAY 26TH ORDER; THE MOTION TO SUPPLEMENT THE RECORD WITH THIS LETTER IS DENIED. (demn)
Brett G. Romero and Peggy Landry Romero
1/3/2006
Memorandum Ruling (Re: 37 Motion to Reconsider Order Denying Motion to Reopen and Order Denying Motion to Reconsider Order Granting Debtor's Objection to Claim). Motion to Reopen case granted. Motion to Reconsider Objection to Claim Granted. Order entered on 10/20/04 re:Objection to Claim is Vacated. (ezra, )
Gulf States Petroleum Corp
8/31/2006
Memorandum Ruling granting motion to strike. O-Atty. for Baker Hughes (Re: 205 Motion to Strike) (laur, )
Bell Family Trust by W. Simmons Sandoz, Trustee v. Bell et al
6/21/2005
Reasons for Decision. Judgment is to be entered in favor of Plaintiff. Atty. for plaintiff to submit proposed judgment in conformity w/reasons w/in 20 days of this date. (Re: 1 Complaint) (laur, )
11/9/2005
Memorandum Ruling Granting a Portion of Requested Compensation as Set out in This Ruling. Within 10 days, Atty. for Amerada Hess shall submit an order in conformity w/this Ruling. (Re: 147 Application for Compensation/Administrative Expenses) (laur, )
Peter Bruce Schumacher
8/16/2005
Reasons for Decison (Re: 22 Order Authorizing Consensual Sale). (shar, )
HC Resources, LLC
11/20/2008
Memorandum Ruling (Re: 496 Motion Requesting Interpretation of the Debtor's Amended Plan of Reorganization Under Chapter 11 of the Bankruptcy Code, 502 Motion To Remove Manager) Motion to Remove is DENIED. Motion to Interpret is GRANTED. O-Court. (melo)
Thibodeaux v. Burgess
9/13/2005
Reasons for Decision (Re: 1 Complaint for Dischargability of Debt) Judgment will be entered in favor of Plaintiff finding that the debt owed to Mr. Thibodeaux by Debtor arising from the 7/30/02 incident which was established in the judgment entered in the 15th JDC in 5/5/03, is nondischargable. Within 20 days, counsel for plaintiff shall submit an order in conformity with the foregoing reasons. (melo, )
Edward Wade Nelson and Kathleen Ann Nelson
8/26/2005
Memorandum Ruling in (Re: 221 Supplemental Motion to Reconsider [217 Original Motion Reconsider 159 Order; Motion Granted in Part & Denied in Part) (cath, )
Joseph Michael Ruebush and Miriam Denise Ruebush
1/3/2006
Memorandum Ruling (Re: 22 Motion for Contempt); DENIED. (demn, )
6/14/2006
Copy of Memorandum Ruling by District Court Judge Minaldi that the Order Denying Debtor's Motion for Contempt is Affirmed. (Re: 32 Notice of Appeal, 41 Order District Court re: Appeal) (06CV0344) (laur, )
Chad Randall Coutee and Samantha Coutee
1/23/2006
Memorandum Ruling in (Re: 46 Application to Incur Secured Debt filed by Debtors; The Court will allow all fees & costs asserted with the exception of $800; W/in 20 days, Union Planters shall submit, appproved as to form by counsel for debtors, a proposed order setting forth the exact amount due to Union Planters under the mortgage). (cath, )
Davis v. Davis et al
3/27/2006
Reasons for Decision Dismissing Complaint. (Re: 1 Complaint ) (laur, )
8/20/2007
Memorandum Ruling from United States District Court (Re: 22 Notice of Appeal). (ezra, ). CIVIL ACTION NO. 06-0628; JUDGE DONALD E. WALTER. Modified on 8/21/2007 (ezra, ).
Young v. Broussard et al
8/29/2006
Findings of Fact and Conclusions of Law (Re: 18 Motion for Summary Judgment) GRANTED. Trustee to submit Order. (melo, )
Green v. Green
9/30/2005
Reasons for Decision in (Re: 1 Complaint filed by Plaintiff, Shirley Green against Defendant, Elmo Green; Based upon the foregoing reasons, the court finds that the debt owed by the Debtor to the Plaintiff pursuant to the state court judgment in th e amount of $27,401.54, as well the Plaintiff's protion of the military retired benefits received by the debtor from 01/01/04 through the Petition Date is NONDISCHARGEABLE; Counsel for Plaintiff shall submit an order in conformity with the foregoing reasons w/in 45 days). (cath, )
CMH Manufacturing, Inc. et al v. Broussard et al
3/15/2006
REASONS FOR DECISION (Re: 32 Hearing Held - Trial, 1 Complaint) Court agrees with the reasoning of both the Seventh Circuit and Judge Dodd & finds that while the Debtor is prohibited by the doctorine of judicial estoppel from asserting the claim against CMG, the Trustee is not. Within 30 days of the entry of these reasons, counsel for the Trustee shall submit an order in conformity with the foregoing reasons. IT IS SO ORDERED. (melo, )
Control Services, Inc. v. Chason
4/29/2005
Reasons for Decision (Re: 16 Motion to Dismiss Adversary Proceeding). Granted w/prejudice. (glor, )
Community Trust Bank v. First National Bank
8/16/2005
Reasons for Decision re Order of Consensual Sale entered 6/6/2003. (shar, )
Dartez et al v. Jefferson Pilot Financial
7/27/2005
Reasons for Decision Granting motion for summary jmt. & dismissing complaint w/prejudice. Separate order has been entered this day in conformity w/decision. (Re: 20 Motion for Summary Judgment) (laur, )
Lourdes Hospital Federal Credit Union v. Angelle
3/15/2006
REASONS FOR DECISION (Re: 45 Hearing Held - Trial, 1 Complaint) Court finds that the Credit Union has failed to meet its burden of proof in establishing that the debt owed to it is non-dischargeable pursuant to Section 523(a)(2)(A). Complaint is DISMISSED. O-Court. (melo, )
Hebert v. Bernard et al
12/28/2005
Findings of Fact and Conclusions of Law (Re: 35 Motion for Summary Judgment) Motion is granted. Within 20 days, counsel for trustee shall submit an order in conformity with the foregoing reasons. (melo, )
Johnston v. May
7/13/2005
Memorandum Ruling (Re: 16 Motion TO Vacate Clerk's Entry of Default) RULING: Court will permit pltf. to amend crt. of svc to show names & address of person served w/in 15 days. If amd crt. svc is timely filed, court will schedule an evidentiary hrg. to determine if court will vacate EOD & grant Mr. May permission to file late answer. (laur, ) Modified on 7/26/2005 (sher, ).
Cajun Forge Company, Inc. v. Anvil International, Inc.
1/3/2006
Memorandum Ruling (Re: 30 Motion to Vacate Orders granting Extension to Respond to Discovery and To Dismiss with prejudice for Failure to Prosecute and/or in the Alternative Motion to Extend Time for Discovery) RULING: Debtor shall respond to all o utstanding discovery w/in 15 days of the date of this order. Anvil is granted an extension to respond to discovery w/in 30 days of the date of this order. Anvil may propound additional discovery for an additional period of 45 days from the date of this order. Debtor to pay Atty Fees of $500 to counsel for Anvil. Additional TSC is set for 2/17/06 @ 10:00 am. (melo, )
9/20/2006
Reasons for Decision Granting in Part the Motion for Summary Judgment. (Re: 60 Motion for Summary Judgment) Atty. for Anvil shall submit an order in conformity w/reasons for decision. (laur, )
9/18/2008
Reasons for Decision. Ruling: Cajun Forge is entitled to offset for products shipped to Anvil. Anvil is entitled to net clm of $65,277.60. W/in 20 days, Atty. for Anvil shall submit judgment in conformity w/reasons. (Re: 1 Complaint) (laur)
Andrus v. Scully's Metal Fabrication, Inc. et al
8/10/2006
Reasons for Decision Granting Summary Judgment for Defendant & Denying Summary Judgment for Plaintiff. Judgment for Defendants dismissing complaint w/prejudice. O-Atty for Defendants (Re: 28 Motion for Summary Judgment, 31 Motion for Summary Judgment) (laur, )
Phillips v. Rapides Primary Health Care
7/12/2005
Reasons for Decision (Re: 38 Motion for Summary Judgment) ; Motion Granted. (shar, )
Hollywood Casino Shreveport
7/6/2005
Findings of Fact and Conclusions of Law for Confirmation of Joint Plan of the Debtors and the Bondholders Committee (Re: 867 Order Confirming Chapter 11 Plan) (tamm, )
Marie J. Huckeba
10/13/2006
Memorandum Ruling from District Court Judge Minaldi on Appeal (Re: 52 Notice of Appeal, )AFFIRMED. (demn, )
American International Refinery, Inc. and American International Petroleum Corporation
9/19/2006
MEMORANDUM RULING (Re: 395 Application for Compensation/Administrative Expenses for Attorneys who attempted to serve as counsel for Equity Committee of AIPC, Inc. 393 Application for Compensation/Administrative Expenses by Attorneys for Sharehold ers) Court will approve 393 Application for Compensation/Administrative Expenses by Attorneys for Shareholders in full. Court will grant in part 395 Application for Compensation/Administrative Expenses for Attorneys who attempted to serve as counsel for Equity Committee of AIPC, Inc. The expenses will be allowed in full. However, compensation will be reduced by 20%. O-Mr. Drell. (melo, )
Charles Allen Spell
6/24/2005
Findings of Fact and Conclusions of Law (Re: 95 Application for Compensation/Administrative Expenses, ). Motion fo Allowance must be denied. Separate order to be entered. (ezra, )
Daniel L. Bopp and MaryBeth Bopp
4/13/2006
Reasons for Decision (Re: 60 Motion to Determine Payoff Amount); Counsel for Southern shall, w/in 15 days of entry of these reasons, prepare a proposed order in conformity with these reasons and submit to the Clerk of the Bankruptcy Court; counsel for debtors may file written objections to the proposed order w/in 10 days of receipt of copy of thereof; IT IS SO ORDERED. (demn, )
Lane Louis Savoie and Josette Savoie
7/18/2005
Reasons for Decision (Re: 18 Objection to Debtor's Claim of Exemptions Re: Schedule C); SUSTAINED. (demn, )
William John Robert and Tonia Marie Robert
7/8/2005
Reasons for Decision (Re: 2 Chapter 13 Plan); court fixes the value of the 95 Chevy Suburban at $4500 and the 2000 Chevy Blazer at $6500; court will issue separate order to file amd. plan in accordance with ruling. (demn, )
Crawford Spencer James and Jan Maurie James
10/31/2006
Reasons for Decision (Re: 36 Motion for Relief From Stay and Abandonment for the Limited Purpose of Obtaining Right of Way filed by The Cottonport Bank ) (fran, )
Spicer v. Spicer
6/29/2006
Reasons for Decision Granting Judgment for Plaintiff. Atty. for Plaintiff Shall Submit a Judgment w/in 20 days. (Re: 1 Complaint, ) (laur, )
Discover Bank, Issuer of the Discover Card v. Keenan
1/22/2007
Reasons for Decision (Re: 1 Complaint, ). The court finds that Plaintiff has established each of the elements of nondischargeability purusant to Section 523(a)(2)A). The debt owed to Plaintiff in the amount of $4395.00 is non-dischargeable. Within 20 days, counsel for Plaintiff shall submit a Judgment in accordance with the foregoing reasons. (ezra, )
MBNA America Bank, NA v. Keenan
1/22/2007
Reasons for Decision (Re: 1 Complaint). The court finds that Plaintiff has established each of the elements of non-dischargeability pusuant to Section 523(a)(2)(A). The debt owed to Plaintiff in the amount of $4821.00 is nondischargeable. Within 20 days, counsel of Plaintiff shall submit a Judgment in accordance with the foregoing reasons. (ezra, )
Gill v. Hodgen et al
9/28/2006
Findings of Fact and Conclusions of Law (Recisions for Decision) (Re: 1 Complaint). The court finds that the Debtors' discharge was obtained through fraud. The debtors' discharge entered on 12/7/04 is revoked. Within 20 days, counsel for the Trustee shall submit two separate orders addressing the adversary proceedings in conformity with the foregoing reasons. (ezra, ) Modified on 9/29/2006 (ezra, ).
Mills et al v. Regions Bank
3/13/2006
Reasons for Decision (Re: 24 Motion for Relief from Judgment). The Motion for Relief from Judgment is DENIED. A separate and conforming Order shall enter. (glor, )
8/9/2006
Copy of Opinion By District Court Judge Robert G. James, Re: Appeal on Civil Action Number: CV#: 06-565. The Bankruptcy Court's Judgment and Order are AFFIRMED and Regions Bank's Appeal is DENIED. (glor, )
Bolen v. King
9/22/2005
Reasons for Judgment on Default (Re: 1 434 (Injunctive Relief): Complaint For Injunctive Relief & Sanctions by Frances H. Strange on behalf of R. Michael Bolen against Harriet Lynne King. ) (Attachments: # 1 Exhibits) (fran, )
Bolen v. King
9/22/2005
Reasons for Judgment on Default (Re: 1 434 (Injunctive Relief): Complaint For Injunctive Relief & Sanctions by Frances H. Strange on behalf of R. Michael Bolen against Harriet Lynne King ) (Attachments: # 1Exhibits) (fran, )
Bolen v. King
9/22/2005
Reasons for Judgment on Default (Re: 1 434 (Injunctive Relief): Complaint For Injunctive Relief & Sanctions by Frances H. Strange on behalf of R. Michael Bolen against Harriet Lynne King. ) (Attachments: # 1 Exhibits) (glor, )
Sellers v. Parks
1/6/2006
Reasons for Judgment (Re: 15 Motion for Judgment as of Law Filed by Debra Kathy Lied on behalf of Donald Wayne Parks ). (shar, )
Sikes (Ch 7 Trustee) v. Ford Motor Credit Company
3/6/2006
Reasons For Decision. Findings of Fact and Conclusions of Law (Re: 20 Motion for Summary Judgment, 1 Complaint). It appearing that the issues raised in this Adversary Proceeding are, indeed, moot, the Motion for Summary Judgment is DENIED and the Complaint is DISMISSED as MOOT. A separate and conforming Order shall enter. (glor, )
Community Trust Bank v. Warren
6/15/2007
Reasons for Decision (Re: 45 Motion for Summary Judgment 53 Motion for Summary Judgment); The Plaintiff's Motion for Summary Judgment is granted in part as to the amount set forth in the restitution award pursuant to 11 USC 523(a)(13). In all other respects, these motions for summary judgment is DENIED. a separate and conforming order will be entered. (shar, )
Eagle Rock Development, LLC v. Freeman
9/28/2006
Findings of Fact and Conclusions of Law (Re: 1 Complaint) Court believes the key issue is the last element. Courts finds that the complaint filed by Eagle Rock must be dismissed. O-Court (melo, )
M.H.L. Companies, LLC v. Rodriguez
3/28/2006
Memorandum Ruling denying the motion to dismiss the complaint. Debtor is given 20 days from this date to file responsive pleadings. (Re: 1 Complaint) (laur, )
CASE CLOSED PLEASE SEE 1:05-5081. CASE TRANSFERRED INTRA DISTRICT TO ALEXANDRIA DIVISION. Sola Communications, LLC v. Defense Dynamics, LLC et al
12/21/2005
Reasons for Decision in (Re: 1 Complaint for Mandatory and Prohibitive Injunctive Relief and for Damages; Based upon the clear language of section 542(e), therefore, the Debtor appears entitled to an order requiring Mr. Rice & Mr. Burley to turn ov er the computer disks. They contend, however, that they are entitled to retain possession as the information contained therein may well be relevant and material to issues to be decided in the latter stages of this proceeding. While this position may wll entitle Mr. Rice and his counsel to this information at some later stage of the proceeding, the appropriate method of obtaining such is through discovery under the Federal Rules of Civil Procedure. They may not retain the disks at this time in the face of the explicit directive contained in section 542(e); Counsel for Debtor shall prepare and submit a proposed order in conformity with the foregoing reasons. (cath, )
Sola Communications, LLC v. Defense Dynamics, LLC et al
12/21/2005
Reasons for Decision in (Re: 1 Complaint for Mandatory and Prohibitive Injunctive Relief and for Damages; Based upon the clear language of section 542(e), therefore, the Debtor appears entitled to an order requiring Mr. Rice & Mr. Burley to turn ov er the computer disks. They contend, however, that they are entitled to retain possession as the information contained therein may well be relevant and material to issues to be decided in the latter stages of this proceeding. While this position may wll entitle Mr. Rice and his counsel to this information at some later stage of the proceeding, the appropriate method of obtaining such is through discovery under the Federal Rules of Civil Procedure. They may not retain the disks at this time in the face of the explicit directive contained in section 542(e); Counsel for Debtor shall prepare and submit a proposed order in conformity with the foregoing reasons. (cath, )
Brunson v. Heavy Lift Cargo Airlines, LTD. et al
4/7/2006
Reasons for Decision (Re: 52 Second Motion to Compel Answers to Interrogatories and Request for Production and for Attorneys Fees and Costs) (fran, )
Concordia Bank & Trust Company v. Stalians
1/10/2007
Reasons for Judgment (Re: 36 Order on Motion For Summary Judgment ). (mela, )
City of Vidalia v. Stalians
1/10/2007
Reasons for Judgment (Re: 36 Order on Motion For Summary Judgment ). (mela, )
House of Mercy, Inc. v. Centers for Medicare & Medicaid Services et al
4/25/2006
Reasons for Decision (Re: 9 Motion to Dismiss Adversary Proceeding) ;Defendant's Motion to Dismiss is GRANTED. (shar, )
Latoya Marie Braxton
8/26/2005
Memorandum Ruling in (Re: 6 Objection to Debtor's Claim of Exemptions Re: Schedule C; Obj. to Claim of Exemption must be SUSTAINED & the Claim of Exemption of the 2000 Chevy Malibu is DISALLOWED). (cath, )
Kristy Lynn Gott
8/31/2006
Reasons for decision sustaining the objection to exemption filed by Ford & disallowing claimed homestead exemption. (Re: 17 Objection to Homestead Exemption) (laur, )
Kenneth G. McManus and Patsy K. McManus
3/29/2006
Memorandum Ruling Overruling (Re: 11 Objection to Debtor's Claim of Exemptions Re: Schedule C) (laur, )
Northeast Louisiana Telephone Company, Inc.
3/29/2006
Findings of Fact and Conclusions of Law Regarding Hearing on Confirmation on the Plan of Reorganiation Proposed by Northeast Louisiana Telephone Co., Inc. (Re: 158 Order Confirming Chapter 11 Plan) (fran, )
Wendell Marks and Grace H. Marks
11/30/2005
Reasons for Decision in (Re: 33 Motion to Reconsider Order Sustaining Objection to the Claim on behalf of Homecomings Financial Network; Motion is GRANTED IN PART; A separate order in conformity with the foregoing reasons has this day been entered into the record of this proceeding). (cath, )
Body Masters Sports Industries, Inc.
1/3/2006
Memorandum Ruling (Re: 398 Amended Disclosure Statement for Chapter 11). The Court concludes that the Disclosure Statement satisfies the adequate information requirement of section 1125. (ezra, )
Robert Russell Hicks and Helen Sue Hicks
8/25/2005
Reasons for Decision denying motion to reconsider (Re: 31 Motion to Reconsider) (laur, )
Thomas S. Keaty
9/14/2006
Reasons for decision denying motion for contempt. (Re: 96 Motion for Contempt) (laur, )
Jacqueline T.S. Merritt
9/13/2005
Memorandum Ruling (Re: 19 Motion for Relief From Stay or Alternatively, Adequate Protection on behalf of Carlton Penn); hearing on the motion is continued to the confirmation date for final resolution; IT IS SO ORDERED. (demn, )
Robert L. Adams
6/27/2006
Memorandum Ruling (Re: 67 Trustee's Motion to Dismiss Case); DENIED - IT IS SO ORDERED. (demn, )
Edison Louis Mier and Georgia Melancon Mier
10/28/2005
Memorandum Ruling in (Re: 10 Objection to Debtor's Claim of Exemptions Re: Schedule C); Accordingly, for the foregoing reasons, the court holds that the Trustee's objection to the debtor's claim of exemption to the settlement proceeds is well-founded & is to be SUSTAINED; The trustee is directed to submit a proposed order in conformity with the foregoing reasons). (cath, )
Jeanie Milligan
2/9/2006
Memorandum Ruling (Re: 13 Objection to Debtor's Claim of Exemptions Re: Schedule C); SUSTAINED; W/IN 20 DAYS DBS. TO FILE AMD. SCH. C TO CLAIM ONLY ONE HOMESTEAD EXEMPTION. (demn, )
Chuck Ryan Huval and Christina Latiolais Huval
6/21/2006
Memorandum Ruling (Re: 10 U. S. Trustee's Motion to Dismiss Case) Motion to Dismiss is DENIED. O-Court (melo, )
Trevor J. Patterson and Rhonda Broussard Patterson
4/13/2006
Reasons for Decision (Re: 7 U. S. Trustee's Motion to Dismiss Case); granted, unles the debtors voluntary convert this case to chap. 13 w/in 15 days from the entry of these reasons; if no conversion w/in such delay, the UST shall submit an order of dismissal of the Clerk of the Bankruptcy Court; IT IS SO ORDERED. (demn, )
Summer Anne Robinson
2/15/2006
Memorandum Ruling in (Re: 6 Objection to Debtor's Claim of Exemptions Re: Schedule C; Objection is SUSTAINED & the claimed exemption is DISALLOWED). (cath, )
Sola Communications, LLC and Karen Nicolaou, Trustee of SOLA Distrubution Trust
11/18/2005
Findings of Fact and Conclusions of Law Approving Resources Agreement with Tatum CFO Partners, LLP & Employment Contract with Lyndon James. (cath, )
5/26/2006
Findings of Fact and Conclusions of Law Supporting Order Confirming Joint Plan of Reorganization of Sola Communications, LLC & Employee Acquisition Company, LLC, submitted by Sola Communications, LLC., Employee Acquisition Company, LLC, The Official Committee of Unsecured Creditors of Sola Communications, LLC, Communications Finance, LLC, & Communications Mezzanine Finance, LLC under Chapter 11 of the United States Bankruptcy Code, Immaterially Modified as of April 25, 2006, & as of Confirmation. (cath, )
Joseph Breaux
6/29/2006
Memorandum Ruling (Re: 9 Objection to Claim Number 3, by Internal Revenue Service, in the amount of $ 238102.13 and 3 Chapter 13 Plan); objection to claim is overruled; confirmation is denied; db ordered to file amd. plan by 7/14/06; serve matrix along with notice of if and only if hearing for 8/9/06; failure to comply will result in the exparte/suasponte dismissal of the case with a 109(g) finding; IT IS SO ORDERED. (demn, )
Louis R Collet and Janel G Collet
9/21/2006
Reasons for Decision in (Re: 6 Objection to Debtor's Claim of Exemptions Re: Schedule C)filed by Trustee, Elizabeth Andrus; Debtor's homestead exemption is limited to $25,000.00. (cath, )
Kent J. Nero and Mary T. Nero
6/26/2006
Memorandum Ruling (Re: 7 Chapter 13 Plan); the objections to confirmation by FLNB is OVERRULED; chp. 13 trustee directed to submit proposed order confirming plan; IT IS SO ORDERED. (demn, )
Steven John Romero
5/14/2007
Memorandum Ruling (Re: 14 Motion to Reopen Chapter 7 Case); DENIED; IT IS SO ORDERED. (demn, )
Hoang V Nguyen and Thao K Lam
3/21/2006
Findings of Fact and Conclusions of Law (Re: 67 Motion to Determine Valuation of Assets) Court fixes the value of Seagull I for plan confirmation purposes at $240,000 which was his estimate of "market value". IT IS SO ORDERED. (melo, )
James E. Johnson and Dora G. Johnson
7/20/2006
Reasons for decision Overruling Objection by TMCC to Confirmation of Plan (Re: 29 Objection to Confirmation of the Plan, ) (laur, )
8/18/2006
Memorandum Ruling Denying Motion for New Trial or Rehearing (Re: 42 Miscellaneous Motion) (laur, )
Brian Scott Spurlin and Debra Fogleman Spurlin
8/25/2006
Reasons for Decision (Re: 32 Motion to Convert Case to Chapter 13). Motion to Convert to Chp. 13 is DENIED. (shar, )
Gill v. Hodgen et al
9/28/2006
Findings of Fact and Conclusions of Law (Reasons for Decision )(Re: 1 Complaint). The court finds that the debtors' discharge was obtained through fraud. The debtors' discharge entered on 12/7/04, is revoked. Within 20 days, counsel for the Trustee shall submit two separate orders addressing the adversary proceedings in conformity with the foregoing reasons. (ezra, ) Modified on 9/29/2006 (ezra, ).
Waldron v. Adams and Reese, LLP
9/26/2008
Findings of Fact and Conclusions of Law (Re: 81 Leave to File Amended Document) GRANTING IN PART AND DENYING IN PART. Trustee is granted leave to amend the complaint to add a breach of duty claim. (melo)
Searcy et al v. Knight et al
5/19/2008
REASONS FOR DECISION (Re: 64 Miscellaneous Motion,, Motion for More Definite Statement,, 55 Motion to Compel, Motion for More Definite Statement, 65 Support Document,, 109 Motion to Dismiss Adversary Proceeding, Motion for More Definite Statement) court GRANTS the Motions in part and DENIES the Motions in part. O-Court. (melo, )
Friendly Finance Service -- Eastgate, Inc. v. Dorsey et al
12/19/2008
Findings of Fact and Conclusions of Law (Re: 41 Motion to Disqualify) The Motion to Disqualify is Denied. A separate and conforming order will be entered. (mela)
Fontenot, et al v. Cage
6/8/2007
Reasons for Decision (Re: 15 Motion for Summary Judgment, 21 Objection). (mela, )
Willson v. Hudnall
4/27/2007
Reasons for Decision (Re: 1 Complaint) (fran, )
Lafayette Community Rehabilitation Hospital, LLC
7/23/2007
Findings of Fact and Conclusions of Law Regarding Hearing on Confirmation of the Plan of Reorganization Proposed by Lafayette Community Rehabilitation Hospital, L.L.C. (Re: 133 Order Confirming Chapter 11 Plan) (troy, )
Canoco, Inc. and Merfin, Inc.
7/13/2007
Findings of Fact and Conclusions of Law (Re: 333 Order Confirming Chapter 11 Plan ) (maxi, )
Max K Goff
5/11/2007
Findings of Fact and Conclusions of Law (Memorandum Ruling) (Re: 52 Objection to Claim 7 of Trina Ewing). (ezra, )Modified on 5/11/2007 (ezra, ).
Joel S. Hill and Deborah J. Hill
9/1/2006
Memorandum Ruling (Re: 18 Objection to Confirmation of the Plan filed by Jeff Davis Bank);OJECTION IS OVERRULED; IT IS SO ORDERED. (demn, )CORRECTIVE ENTRY; CHANGED FILED DATE FROM 9/5/06 TO 9/1/06. Modified on 9/5/2006 (demn, ).
Earliest James Ceasar and LaConya Jones Ceasar
3/7/2007
Reasons for Decision in (Re: 2 Confirmation of Chapter 13 Plan); Accordingly, the court sustains the Trustee's Objection to Confirmation; CONFIRMATION of Chapter 13 Plan is DENIED; A separate order in conformity with the foregoing reasons has this day been entered into the recored of this proceeding. (cath, ) Modified on 3/7/2007 (cath, ).
Preventive Maintenance Services Inc.
1/3/2007
Reasons for Decision Re: 204 Order to Set Hearing on Valuation of Inventory) Valuation is fixed at $268,958.58. PMSI must comply with the Plan's requirements now that the court has made a determination on value. O-Court. (melo, )
Willis Arceneaux
8/18/2006
Memorandum Ruling (Re: 2 Chapter 13 Plan). Confirmation denied. A separate order will be entered requiring the debtor to file an amended plan. IT IS SO ORDERED. (ezra, )
Donald James Vidalier
12/22/2006
Reasons for Decision in (Re: 25 Amended Objection to Claim #6 filed by Internal Revenue Service); OBJECTION is DENIED. (cath, )
Compact Manifolds International, Inc.
8/18/2006
Memorandum Ruling (Re: 80 Motion to Pay Pre-Petition Debts to Necessary Pre-Petition Creditors & Critical Vendors )GRANTED - IT IS SO ORDERED. (demn, )
Elizabeth Marie Mallet
9/19/2006
Reasons for Decision (Re: 9 Motion to Extend Automatic Stay); DENIED; Separate Order Entered. (demn, )
Arthur E Deaton
10/31/2006
Memorandum Ruling (Re: 19 Motion Relief From Stay on behalf of Alyne P. Trahan )DENIED (demn, )
Daniel Joseph and Dorthy Lambert Joseph
3/20/2007
Reasons for Decision in (Re: 13 Debtor's Objection to Claim of creditor, Wells Fargo Financial Acceptance, Inc.); The Court overrules the Debtor's objection to Wells Fargo POC; Minute entry containing the court's order in this regard was entered on 11/29/06. (cath, )
Southpark Community Hospital, LLC
7/27/2007
Findings of Fact and Conclusions of Law Supporting (Re: 286 Order Confirming Chapter 11 Plan) (demn, )
9/13/2007
Findings of Fact and Conclusions of Law Supporting (Re: 409 Order Confirming Chapter 11 Plan) (demn, )
British American Properties Alexandria, L.L.C.
7/3/2006
Reasons for Decision (Re: 85 Application to Employ ); The application is approved and the Objection of Capital One is overruled; Counsel to DIP is directed to submit a separte and conforming Order forthwith, which shall be effective as of the date of these Reasons. (shar, )
GSK, LLC et al v. Sonnier et al
4/1/2008
Reasons for Decision Granting Motion for Summary Judgment. The claim is dismissed with prejudice. (Re: 15 Motion for Summary Judgment). Order to submitted by Atty. for Whitney w/in 20 days. (laur, )
5/22/2009
Reasons for Judgment. (Re: 45 Ruling of US District Judge on Appeal) (laur)
AJH Investments, Inc. v. Ray et al
5/19/2008
Reasons for Decision (Re: 1 Complaint ). *A Separate and Conforming order will be entered. (shar, )
Sunnyside Land, LLC et al v. Sims et al
3/31/2009
Findings of Fact and Conclusions of Law (Re: 48 Motion for Summary Judgment) Motion for Summary Judgment is GRANTED. Counsel for the Trust shall submit an order in conformity with the foregoing reasons within 20 days. (melo)
Sunnyside Land, LLC et al v. Sims et al
3/31/2009
Findings of Fact and Conclusions of Law (Re: 36 Motion for Summary Judgment) Motion for Summary Judgment is GRANTED. Counsel for Trust shall submit an Order in conformity with the foregoing reasons within 20 days. (melo)
Corrosion Control Systems, LLC v. Dynamic Industries, Inc. et al 09/22/2009 117 Reasons for Decision in (Re: 1 Trial on Complaint between FCC, LLC, d/b/a First Growth Capital & the United States on behalf of IRS); For the foregoing reasons, the United States' Tax lien outranks FCC's security interest in the amount of $257,254.20 of proceeds from the accounts owed by Omega & Dynamic; The United States shall submit a judgment consistent with the court's ruling herein w/in 30 days of the entry of these Reasons for Decision. (cath)
Luster v. Southwestern Energy Production Company
3/3/2009
Memorandum Ruling in (Re: 10 Motion for Summary Judgment filed by Trustee, John W. Luster & 16 Motion for Summary Judgment filed by Southwestern Energy Production Co.); For reasons stated, the court concludes that SWEPCO is entitled to summary judgment & the trustee's complaint seeking to avoid SWEPCO's judicial liens is therefor DISMISSED w/prejudice; SWEPCO shall file a judgment reflecting the court's ruling herein w/in 30 days of the date of this Memorandum Ruling. (cath)
Willson v. Bay-1 Properties, Inc. et al
12/19/2008
Findings of Fact and Conclusions of Law (Re: 32 Motion for Summary Judgment, 35 Motion for Summary Judgment). (fran)
Elijah O. Young
12/29/2008
Findings of Fact and Conclusions of Law (Re: 95 Second Amended Chapter 11 Plan) (gise)
HWW Enterprises, Inc.
10/19/2007
Memorandum Ruling RE: (Re: 15 Motion to Withdraw Funds From the Court Registry by CCS Energy Services, LLC, 42 Motion to Withdraw Funds From the Court Registry by Trustee). (ezra,)
Peter Raymond LaFuria, M.D.
1/31/2008
Findings of Fact and Conclusions of Law in (Re: 332 Chapter 11 Plan); Confirmation of Chapter 11 Plan is GRANTED. (cath, )
Claudia Rosa Davis
3/20/2008
Memorandum Ruling (Re: 9 Objection to Debtor's Claim of Exemptions Re: Schedule C)SUSTAINED. (demn, )
The Arbor of Natchitoches, LLC
7/18/2007
Copy of Memorandum Ruling from U.S. District Court. (Re: 64 Notice of Appeal, ) (fran, )
Marvin C. Musgrove and Yoko Sakamoto Musgrove
4/8/2008
Findings of Fact and Conclusions of Law (Re: 109 Motion Seeking Authority for Debtor to Transfer and Convey, by Dation en Paiement, Debtors' Residence in the Village of River Ranch to Home Bank Free and Clear of All Liens and Encumbrances) (demn, )
Ida Little
6/10/2008
Memorandum Opinion & Order (Re: 25 Notice of Appeal) From District Court regarding civil action no. 07-1399. Judge Doherty/Magistrate Judge Hill: For the reasons stated herein, the Court AFFIRMS the decision of the Bankruptcy Court. Court DENIES AL S's request for relief in connection with ALS's motion for an order declaring it the owner of the vehicle, as well as ALS's motion for an order declaring the Debtor is in arrears to ALS in the amount of $775.51, and remands to the Bankruptcy Court for determination. Accordingly, The Court REMANDS this case to the Bankruptcy Court for further proceedings consistent with this ruling. (melo)
Rita Louise and Glen Dale Breaux
8/14/2009
Reasons for Decision. Court overrules trustee's obj. to Iberia Bank's claim #13-1. (RE: 33 Objection Claim; Iberia Bank)(laur)
WETCO Restaurant Group, LLC
11/20/2007
Findings of Fact and Conclusions of Law Authorizing (Re: 31 Motion for an Order Authorizing the Sale of Assets Free and Clear of Liens, Claims, Encumbrances and Interests) (ezra, )
4/23/2008
Findings of Fact and Conclusions of Law (Re: 145 Application for Compensation/Administrative Expenses by William E. Steffes on behalf of PFG-Magee ) (ezra, )
Willie Jim Howell and Julie Faye Howell
11/19/2007
Reasons for Decision (Re: 30 Objection to Confirmation of the Plan) (mela, )
Roy Fells and Renetta Britton Fells
10/23/2007
Reason for Decision (Re: 20 Objection to Confirmation of the Plan by Green Tree Servicing LLC); Objection by Green Tree to confirmation is Sustained. Debtors shall be allowed to amend the plan accordingly.(shar, )
Adams 3, Inc.
2/13/2009
INCORRECT PDF; CLERK TO REFILE. Reasons For Decision (Re: 177 Application to Recover Reasonable, Necessary Costs and Expenses of Preservation of the Estate from Secured Creditor (USA-IRS)) (jodi) Modified on 2/13/2009 (jodi).
2/13/2009
Reasons For Decision (Re: 177 Application to Recover Reasonable, Necessary Costs and Expenses of Preservation of the Estate from Secured Creditor (USA-IRS)) (jodi)
Beter et al v. Austin 10/01/2009 78 REASONS FOR DECISION (Re: 1 Complaint) Trustee's Motion to Sell is denied. Trustee shall return the ring to Lilly Beter w/in 30 days; Lilly Beter will bear any cost incurred by the Trustee in returning the ring. Plaintiff's Request to Lift the Court's Order Sealing the Record is DENIED. Plaintiffs are entitled to judgment in the amount of $1,615,015.80. Plaintiffs shall submit a judgment in conformity with these Reasons for Decision w/in 30 days. (melo)
Stansbury v. Holloway
6/2/2009
Findings of Fact and Conclusions of Law (Re: 22 Notice of Appeal (Re: 19 Order on Miscellaneous Application). (ezra)
Andrus v. Hamlin
3/31/2009
Memorandum Ruling; Court enters judgment in favor of the trustee. Atty. for trustee shall submit a judgment w/in 20 days. (Re: 1 Complaint) (laur)
Craig v. Sims et al
3/31/2009
Findings of Fact and Conclusions of Law (Re: 16 Motion for Summary Judgment) (ezra)
Recreational Land Investments, L.L.C. d/b/a Mossy v. Polk
4/6/2009
Reasons for Decision on Motion for Summary Judgment (Re: 48 Motion for Summary Judgment) (fran)
Associated Printing Professionals, Inc.
12/29/2008
Findings of Fact and Conclusions of Law (Re: 100 Amended Chapter 11 Plan) Filed by John S. Hodge on behalf of Associated Printing Professionals, Inc. (troy)
Dealmaker Developments, LLC
6/10/2008
Findings of Fact and Conclusions of Law (Re: 50 Motion to Sell Free and Clear of Liens)Motion is granted. (melo)
Tri Vantage Companies, LLC
4/4/2008
Findings of Fact and Conclusions of Law In Support of Interim Financing Order Authorizing (1) The debtor to Obtain Debtor in Possession Financing, (2) The Debtor to Grant a Post-Petition Security Interest Pursuant to Section 364 (c) of the Bankruptcy Code, and (3) Setting of Final Hearing (Re: 18 Motion to Borrow and Emergency Motion to Enter into Factoring and Security Agreement) (demn, )
    09/30/2009 324 Memorandum Ruling in (Re: 287 Motion for Approval of Administrative Expenses filed by Steven B. Sweetser; Motion GRANTED in Part & DENIED in Part. (cath)
Dudley J. Sellers and Glenda M. Sellers
7/16/2009
Findings of Fact and Conclusions of Law (Re: 42 Amended Chapter 13 Plan) Court will reset hearing and require Debtors to submit a statement or other evidence with respect to the condition of hte collateral securing Tower Loan's claim. (melo)
Michael A Gauthier and Linda L Gauthier
7/16/2009
Findings of Fact and Conclusions of Law (Re: 31 Amended Chapter 13 Plan, 49 Motion for Valuation) Plan is denied. Debtor to file an amended plan reflecting the court's ruling by 7/27/09 & notice plan for hearing on 8/19/09 @ 8:30. In all other respects, GCB's Motion for Valuation is DENIED. (melo)
East Cameron Partners, LP
12/12/2008
Findings of Fact and Conclusions of Law (Re: 31 Application to Employ Heller, Draper, Hayden, Patrick & Horn as Special Counsel to Louisiana Offshore Holding, LLC Pursuant to 11 U.S.C. 327(a) and Federal Rule of Bankruptcy Procedure 2014). (ezra)
Jimmy Fruge
7/16/2009
Findings of Fact and Conclusions of Law (Re: 18 Amended Chapter 13 Plan) Motion to Value is GRANTED IN PART; Mr. Fruge's objection to the District POC is overruled; Confirmation of 3/30/09 plan is denied; Debtor shall file an amended plan that reflects the court's ruling on valuation no later than 7/27/09 and notice that plan on the matrix for hearing on 8/19/09 @ 8:30; In all other respects, the relief requested by Mr. Fruge is DENIED. (melo)
LaTonnia G. Downs
10/22/2009
Findings of Fact and Conclusions of Law (Re: 55 Motion to Compel).(shar)
Razz Electrical Services, LLC v. Lamartiniere et al 11/10/2009 13 Memorandum Opinion (Re: 8 Motion to Dismiss Adversary Proceeding). (mela)
Clarence Broussard and Sharon Lincoln Broussard
5/29/2009
Findings of Fact and Conclusions of Law (Re: 28 Motion to Dismiss Case, Motion to Convert Case From Chapter 13 to 7) (ezra)
Xtreme Industries, LLC
6/25/2009
Findings of Fact for Authority to Incur Secured Debt in the Form of Continuation of Debtor's Slae of Accounts Receivable to Gulf Coast Bank & Trust Co., to Use Cash Collateral and to Provide Adequate Protection Pursuant to 11 USC Sections 363 and 364. (demn)
court seal
Western District of Louisiana Bankruptcy
300 Fannin Street Suite 2201
Shreveport, Louisiana 71101
(318)676-4267
Chief Judge Robert Summerhays