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Summary: 350 B.R. 276 (2005) In re Servio and Gweneth ROMANO, Debtors. The objection filed by J. Marshall Miller, trustee (hereinafter "trustee") to the debtors' claim of exemption and the response filed by debtors' counsel, were heard on March 2, 2005. At the hearing, the court requested that the parties file memoranda discussing whether a decision of one district court judge in a multi-judge district is binding upon the bankruptcy court in a suit involving the same issue, but different parties. On Febr......read more.


Summary: 283 B.R. 398 (2002) In re Angela Howard LEJEUNE. Gregory P. LeJeune, Plaintiff, v. Angela Howard LeJeune, Defendant. Plaintiff, Gregory P. LeJeune, the ex-husband of the debtor, Angela Howard LeJeune, seeks a ruling that his unliquidated claim for reimbursement of one-half of the community debts that he paid is a postpetition claim, or alternatively, that it is an equitable distribution claim against a future settlement of the marital estate. They physically separated on June 7, 1998, and were g......read more.


Summary: 347 B.R. 804 (2005) In the Matter of Larry Allen TALBERT, Debtor. Sonya Turner, et al., Plaintiffs, v. Larry Allen Talbert, Defendant. Larry Allen Talbert filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code[1] on May 21, 2004, and on that day an order for relief was duly entered. Plaintiffs filed the instant complaint pursuant to section 523(a)(4) seeking a determination of the dischargeability of the debt owed them by the Debtor. The class certification hearing was held......read more.


Summary: 178 B.R. 421 (1995) In the Matter of CONFABCO, INC., Debtor. This matter comes before the Court upon cross motions for partial summary judgment filed by Michael Chiasson, Trustee ("trustee") for Confabco, Inc. ("Confabco") (Pl. 11) and by Chaparral Steel Company ("Chaparral") (Pl. 8). On February 6, 1992, an officer of Confabco executed a security agreement in favor of Chaparral purporting to grant Chaparral a security interest in Confabco's accounts, inventory, equipment, fixtures, general inta......read more.


Summary: 348 B.R. 348 (2005) In the Matter of Thomas Robert KRYSAN, Debtor. Laurie Jo Terrell, Plaintiff, v. Thomas Robert Krysan, Defendant. Thomas Robert Krysan ("the Debtor") filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code[1] on January 22, 2004. Debtor's Objection to Evidence of Fraud As a threshold issue, the Debtor objected to the introduction of evidence of fraud as the City Court judgment was silent on the issue. In order to succeed on this legal theory, the objecting......read more.


Summary: 166 B.R. 74 (1993) In the Matter of Clarence George KOEHL, Corinne Dale Koehl, Debtors. Clarence George KOEHL, Corinne Dale Koehl, Plaintiffs, v. UNITED STATES of America, Defendant. This matter came before the Court on the complaint for discharge of taxes filed by Clarence George Koehl ("C.G. Koehl") and Corinne Dale Koehl ("Corinne Koehl"). These financial difficulties included a substantial loss of money from a salvage operation in Mexico; declining enrollment and decreased revenue from the M......read more.


Summary: 264 B.R. 823 (2001) In re SCHWEGMANN GIANT SUPERMARKETS PARTNERSHIP, Debtor. This matter came before the court on May 7, 2001 on the debtor's objection to proof of claim filed by Monumental Life Insurance Co.[1] ATEL Cash Distribution Fund, L.L.P. ("ATEL") and Stone, Pigman, Walther, Wittmann & Hutchinson, L.L.P. ("Stone Pigman") filed memoranda in support of the debtor's objection. When the debtor delayed acting on the offer, Stone Pigman filed a motion to compel the debtor to consummate the sa......read more.


Summary: 316 B.R. 62 (2003) n re The BABCOCK & WILCOX COMPANY, et. The Babcock & Wilcox Company, v. Southern Indiana Gas and Electric Company. *64 Tristan E. Manthey, Heller, Draper, Hayden, Patrick & Horn, New Orleans, LA, for Babcock & Wilcox Co., Debtor. This matter came before the court as a hearing on the motion of Babcock & Wilcox Company's ("B & W" or "Debtor") for summary judgment, and the opposition filed by Southern Indiana Gas and Electric Company ("SIGCO"). [1] SIGCO responded to the objectio......read more.


Summary: 156 B.R. 519 (1993) In the Matter of Joyce ELMS, Debtor. *520 *521 Jerry W. Sullivan, Metairie, for debtor Joyce Elms. This matter came before the Court on a Complaint to Determine the Validity, Priority or Extent of Federal Tax Lien filed by the Debtor, Joyce Elms. Later that same year, the Internal Revenue Service filed a proof of claim for $170,286.99, which purports to represent (1) the Debtor's unpaid personal income tax; (2) withholding taxes due from TAC Amusement Company (TAC), a Louisia......read more.


Summary: 233 B.R. 687 (1999) In re PALLET REEFER COMPANY, Debtor. The joint venture In May 1992, Ciana and ATP formed a joint venture partnership known as the Pallet Reefer Company ("PRC") for the purpose of developing and commercializing a patented product, the Pallet Reefer, which had previously been invented and regionally commercialized by Mr. Louis P. Saia III.ANALYSIS A. Existence of the debtor entity Ciana argues that the debtor entity is no longer in existence and cannot be the subject of a Chapt......read more.


Summary: 107 B.R. 100 (1988) In the Matter of Anthony Alfred DINGLEMAN, Debtor. This matter came before the Court on a Motion For Leave To Amend Informal Proof of Claim filed by Adler, Barish, Levin & Creskoff, a partnership, and Avram G. Adler, Marvin I. Barish, Arnold Levin and *101 Howard J. Creskoff, individually and as partners of said partnership (Adler & Barish).


Summary: 184 B.R. 902 (1995) In the Matter of Houston David HUGHES, Sr., Debtor. Robert E. TILLERY, Plaintiff, v. Houston David HUGHES, Sr., Defendant, FIRST UNION NATIONAL BANK OF NORTH CAROLINA, Plaintiff, v. Houston David HUGHES, Sr., Defendant. This adversary proceeding was tried on March 3, 1995 on the consolidated complaints of First Union National Bank of North Carolina ("First Union") and Robert E. Tillery ("Tillery") objecting to the debtor's discharge under various subsections of Section 727 of......read more.


Summary: 150 B.R. 381 (1993) In the Matter of UNITED STATES ABATEMENT CORPORATION, a/k/a USA Corporation, Debtor. This matter comes before the Court upon the motion for sanctions for willful violation *383 of the automatic stay filed by United States Abatement Corporation ("USA" or "debtor"). [1] I. FACTS On November 28, 1990, Mobil filed a complaint for interpleader, declaratory relief, indemnity, injunction and damages in the action entitled Mobil Exploration & Producing U.S. Inc., etc., et al. v. Unit......read more.


Summary: 276 B.R. 424 (2002) In re Jonathon R. GERHARDT, Debtor. Jonathon R. Gerhardt, Plaintiff, v. Southwest Student Services Corp., Enterprise Recovery Systems, Inc., U.S. Department of Education, and University Accounting Services, Inc., Defendants. This matter came on for trial on December 3, 2001 on the complaint of Jonathon R. Gerhardt to have student loans discharged under 11 U.S.C. § 523(a)(8). The court finds that Gerhardt has met his burden of proving undue hardship under Section 523(a)(8), an......read more.


Summary: 403 B.R. 387 (2009) In re Phillip Joseph ADAMS, Debtor. This matter came before the Court on Toyota Motor Credit's ("Toyota") Objection to Confirmation of Debtor Phillip Joseph Adams' ("Debtor") proposed chapter 13 plan ("Plan"). It further avers that under the provisions of §§ 506 and 1325, Debtor may not surrender the Vehicle in full satisfaction of its claim but must instead provide for its potential unsecured deficiency after liquidation of the Vehicle.Section 1325(a)(5) provides: (a) Except......read more.


Summary: 366 B.R. 604 (2007) In re Elvin L. MARTINEZ, Debtor. Elvin L. Martinez, Plaintiff, v. United States of America, Department of the Treasury, Internal Revenue Service, Defendant. This matter came on for trial on October 19 and 20, 2006 on the complaint of Elvin Martinez, the debtor, against the Internal Revenue Service of the United States under 11 U.S.C. § 523(a)(1)(A) seeking a discharge of the tax obligations of Mr. Martinez. For the reasons set forth below, the court finds that the tax obligat......read more.


Summary: 196 B.R. 334 (1996) In the Matter of Charles D. and Wanda M. MILLER, Debtor. Robert DEROCHE, Plaintiff, v. Charles D. MILLER, Defendant. This matter comes before the Court upon cross motions for summary judgment filed by Robert Deroche ("Deroche") (Pl. 6) and by debtor, Charles D. Miller ("debtor") (Pl. 10). The only allegation in the state court petition as to the debtor is that "Defendant, Charles D. Miller, as the father of William Miller, is responsible and answerable in damages for his mino......read more.


Summary: 205 B.R. 484 (1996) In the Matter of LITTLE GREEK RESTAURANT, INC., Debtor. I. FACTS On November 16, 1994, Barry H. Grodsky ("Grodsky"), an attorney with Shushan, Jackson & McPherson (the "law firm"), filed for Chapter 11 relief on behalf of Little Greek Restaurant, Inc. ("debtor"). The court has reviewed the application and finds that all of the services and costs incurred were for the benefit of the debtor in possession and that the court would have allowed the full amount requested by the att......read more.


Summary: 288 B.R. 437 (2003) In re Jennifer Griffith ROACH, Debtor. Jennifer Griffith Roach, Plaintiff, v. United Student Aid Fund, Inc., Defendant. This matter came on for trial on July 15, 2002 on the complaint of Jennifer Griffith Roach ("Ms. Roach"), the debtor, to have student loans discharged under 11 U.S.C. § 523(a)(8). Dr. Stokes testified that Ms. Roach does not have a loss of earning capacity, but that the probationary restrictions placed on Ms. Roach do presently cause her to earn less. Conclu......read more.