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Summary: 436 B.R. 359 (2010) In re Darvin Chris McMORRIS, Debtor. Debtor Darvin Chris McMorris moved under 11 U.S.C. § 522(f) to avoid two judicial liens. The debtor's schedule A reflected that his residence was worth $265,000, though an April 20, 2010 appraisal admitted into evidence established that the property was worth only $231,000.[7] Analysis Iberia's objection poses the issue of whether a judgment lien that arises out of a foreclosure on immovable property other than the debtor's exempt homestea......read more.


Summary: 189 B.R. 653 (1995) In re Richard Alan BROWN, Debtor. Now before the court is the Objection of the Chapter 7 Trustee to the Claim of Exemption of the debtor, Richard Alan Brown (the "Debtor"), in certain firearms, owned and kept for personal and sporting purposes, pursuant to La.R.S. The Court denies the Debtor's claim of exemption because the firearms are not covered by the "arms and military accoutrements," exemption found at La.R.S. Specifically, the Debtor claimed the exemption of a Walter P......read more.


Summary: 27 B.R. 428 (1983) In re Roger GONDAY & Marie B. Gonday, Debtors. ECONOMY BRICK SALES, INC., Plaintiff, v. Roger GONDAY & Marie B. Gonday, Defendants. REASONS FOR JUDGMENT This matter comes before the Court on a complaint filed by Economy Brick Sales, Inc., a creditor herein, on August 10, 1982, seeking to bar the discharge of the abovenamed debtors, Roger Gonday and Marie B. Gonday. FINDINGS OF FACT Roger Gonday and Marie Baker Gonday filed a voluntary joint petition on May 17, 1982, seeking re......read more.


Summary: 14 B.R. 849 (1981) In re Donald Edward IRELAND and Brenda N. Ireland, Debtors. Donald Edward Ireland and his wife are petitioners for relief under Chapter 7 of Title 11 of the United States Bankruptcy Code. FINDINGS OF FACT The mortgage in question was given by the debtor, Donald Edward Ireland, on July 24, 1979, and was properly recorded on the Maine certificate of title in accordance with the laws of the State of Maine.


Summary: 230 B.R. 715 (1999) In re CAJUN ELECTRIC POWER COOPERATIVE, INC., Debtor. Patrick Henry, Sharp, Henry, Cernigliz, Colvin & Weaver, Homer, LA, for Claiborne Electric Power Cooperative. John W. Hutchison, Voorhies & Labbe, Lafayette, LA, Russell Purvis, Smith, Taliaferro, Purvis & Boothe, Jonesville, LA, for Concordia Electric Cooperative, Inc. Cajun Electric Power Cooperative, Inc. ("Cajun") is a non-profit Louisiana electric cooperative corporation that generates and transmits wholesale electric......read more.


Summary: 408 B.R. 627 (2009) In re EASTERLY CONSTRUCTION COMPANY, INC., Debtor Easterly Construction Company, Inc., Plaintiff v. Vantage Construction, LLC, Saun Sullivan, H. Allen Thomason, Jeff Purpera, Jr. and JHA Enterprises, d/b/a Henderson Auctions, Defendants. Debtor Easterly Construction Company, Inc. sued the defendants for wrongfully seizing and selling its assets. Allegations of the Amended Complaint The amended complaint alleges that defendant Vantage Construction Company, LLC ("Vantage") sold......read more.


Summary: 45 B.R. 181 (1984) In re ENERGY CONTRACTORS, INC. *182 I. Facts A. Energy Contractors, Inc. ("Energy Contractors") was incorporated June 11, 1981; it was, and is, domiciled in East Baton Rouge Parish, Louisiana. The accounts rider, however, appears to be more in the nature of the loan commitment between Mercantile and Energy Contractors in which Mercantile establishes its obligation (albeit almost precatory in nature) to fund loans to Energy Contractors. In this statement, Energy Contractors' pl......read more.


Summary: 49 B.R. 763 (1985) In re Soula Imboden O'BANNON, Debtor. Darleen M. JACOBS, Plaintiff, v. Soula Imboden O'BANNON, Defendant. I. Background A. Procedural Status of the Case On January 31, 1985, Chief Judge Parker referred this case to the undersigned Bankruptcy Judge for this district with instructions to determine sanctions for non-compliance with Rule 37 of the Federal Rules of Civil Procedure relating to discovery (applicable via Bankruptcy Rule 7037). The complaint alleges that the Debtor is ......read more.


Summary: 327 B.R. 249 (2005) In re Mark Rollins CLEMENT Theresa Lavergne Clement, Debtors. [2] Under the Uniform Qualified Assignment and Release the debtors executed in connection with *251 that settlement,[3] American General Annuity Service Corporation ("American General") assumed New Hampshire Insurance Company's liability to make periodic payments to the debtors, through a "qualified funding asset."Debtors Mark and Theresa Clement are the beneficiaries of the annuity contracts, but American General ......read more.


Summary: 443 B.R. 725 (2011) In re Dean Alexander BORDELON, Debtor. Debtor Dean Bordelon seeks to exempt from his bankruptcy estate $355,130 in life insurance proceeds deposited into a trust from which he benefits. He claimed as exempt $355,130 in life insurance proceeds paid, on account of the June 2004 death of his mother, Mary Lou Reifel, into the "Dean Alexander Bordelon Trust" ("DAT").The debtor's schedules and the court's claims register establish that almost all of Bordelon's debts arose after Feb......read more.


Summary: 324 B.R. 595 (2005) In the Matter of Clinton ELLIS, Jr., Mary C. Ellis, Debtors. Household Finance Corporation, II, Plaintiff, v. Clinton Ellis, Jr. and Mary C. Ellis, and Annette Crawford, Chapter 13 Trustee, Defendants. Specifically, Household contends that it holds a mortgage on both immovable property that is the principal residence of the debtors, Clinton Ellis Jr. and Mary Ellis (the "debtors"), and a manufactured home situated on that property. [1] Household also seeks to have the mortgag......read more.


Summary: 238 B.R. 319 (1999) In re CAJUN ELECTRIC POWER COOPERATIVE, INC., Debtor. *320 Gerald M. Amero, Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, ME, George J. Marcus, Marcus, Grygiel & Clegg, P.A., Portland, ME, Joseph E. Friend, Breazeale, Sachse & Wilson, L.L.P., New Orleans, LA, Stephen F. Chiccarelli, Michael A. Crawford, Breazeale, Sachse & Wilson, L.L.P., Baton Rouge, LA, for Official Committee of Unsecured Creditors of Cajun Electric Power Cooperative, Inc. Lon A. Jenkins, Ma......read more.


Summary: 59 B.R. 68 (1986) In re Clyde James PIETRI (S.S. # XXX-XX-XXXX), Debtor. Jack Patrick HARRIS, Trustee of Clyde J. Pietri; and Dorothy M. Pietri, Plaintiffs, v. Clyde J. PIETRI and Billie Jean Smith Pietri, Defendants. Facts There is no dispute about the following facts: James Clyde Pietri ("the Debtor") and Billie Jean Smith signed a "marriage contract" on November 1, 1981.


Summary: 253 B.R. 734 (2000) In re Mary Lena RICKS, Debtor. Lott Furniture, Inc. d/b/a Plank Road Furniture, Plaintiff, v. Mary Lena Ricks, Defendant. In this adversary proceeding the plaintiff, Lott Furniture, Inc., d/b/a/ Plank Road Furniture ("Lott Furniture"), seeks to have this Court declare a debt allegedly owed by the defendant, Mary Lena Ricks ("Ricks"), the debtor in the underlying bankruptcy case, non-dischargeable pursuant to § 523(a)(3)(A).[1] The peculiar issue presented herein is whether, i......read more.


Summary: 392 B.R. 642 (2008) In re Miranda Monlietha BROOKS, Debtor. Tower Credit, Inc., Plaintiff v. Miranda Monlietha Brooks, Defendant. Tower Credit, Inc. ("Tower") sued for a determination that its claim against debtor Miranda Brooks was not dischargeable under 11 U.S.C. § 523(a)(2)(A). The applicable statute is 11 U.S.C. § 523(a)(2)(B), which excepts from discharge a debt— for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained, by use of a statement......read more.


Summary: 393 B.R. 422 (2008) In re RIVERSIDE HEALTHCARE, INC., Heritage Oaks Healthcare, Inc., Debtors. The Liquidating Supervisor for Riverside Healthcare, Inc. and Heritage Oaks Healthcare, Inc., Plaintiff v. Sysco Food Services of San Antonio, LP, Defendant. The Liquidating Supervisor for Riverside Healthcare, Inc. and Heritage Oaks Healthcare, Inc. ("Liquidating Supervisor"), by amending complaint filed February 6, 2007, sued Sysco Food Services of San Antonio, LP ("SSA") to avoid preferential transf......read more.


Summary: 362 B.R. 743 (2007) In re Chris Levert SANFORD, Debtor. Guaranty Bank & Trust Co., Plaintiff, v. Chris Levert Sanford, Defendant. Guaranty Bank & Trust Co. ("Guaranty") filed a complaint against debtor Chris Levert Sanford ("Sanford") alleging that Sanford's debt to Guaranty is not dischargeable under 11 U.S.C. §§ 523(a)(2), (3), (4) and (6). [1] This memorandum opinion explains why Sanford's debts to Guaranty are nondischargeable under 11 U.S.C. § 523(a)(6) and Sanford's discharge is denied und......read more.


Summary: 45 B.R. 988 (1985) In re S.E. HORNSBY & SONS SAND AND GRAVEL CO., INC. (E.I. # XX-XXXXXXX), Debtor. I. Facts This bankruptcy case results from, or at least is in large part founded in, difficulties between father, Stanley E. Hornsby (hereinafter "Stanley") and son, Michael E. Hornsby (hereinafter "Michael"). The debtor is S.E. Hornsby & Sons Sand and Gravel Co., Inc. (hereinafter "Debtor"), a Louisiana corporation formed about November 19, 1975.[1] Stanley was the founder of the company;[2] he d......read more.


Summary: 276 B.R. 753 (2002) In re Ronnie A. BLOUNT, Debtor. J. Michael Millican, Baton Rouge, LA, for Ronnie A. Blount. Before the Court are the objections of the trustee, Dwayne Murray ("Trustee"), and the debtor Ronnie Blount ("Debtor"), to the unsecured claim of Whitney National Bank ("Whitney"). Also before the Court is the (alternative) request by Whitney that it or its lawyer be awarded attorney's fees under 11 U.S.C. § 503(b)(3)(B), because of the efforts of counsel for Whitney in discovering an ......read more.


Summary: 250 B.R. 570 (2000) In re Walter K. GUILLOT, Debtor. Dwayne M. Murray, Trustee, Plaintiff, v. Walter K. Guillot, The Walter K. Guillot East Baton Rouge Property Trusts, Chester Burton Guillot, Steven Michael Guillot, and Kirk David Guillot, Individually and as Trustee of the Walter K. Guillot East Baton Rouge Property Trusts, Defendants. The trust was established by the debtor some seven (7) years before this bankruptcy case by means of an act of donation whereby the debtor purported to donate h......read more.