Bankruptcy Court for the Eastern District of Louisiana Court Cases

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  1. In Re Devilliers (2007)

    This matter came before the Court on the Objections to Confirmation filed by S.J. Beaulieu, Jr., the standing chapter 13 trustee, who avers that the debtors claim excessive deductions or expenses and that the plans do not contribute all disposable income. This Court initially heard the Objections during each debtor's confirmation hearing, however, as the issues arose due to recent changes to the Bankruptcy Code and would affect the Chapter 13 bar as a whole, the confirmation hearings were [...]

    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: 06-10415, 06-10491, 06-10554, 06-10566, 06-10638
  2. In Re Jones (2007)

    This matter came before the Court on Michael L. Jones' ("Debtor") Complaint to Recover Property of the Estate, filed against. Wells Fargo Home Mortgage, Inc. ("Wells Fargo"). Defendant Wells Fargo filed a timely Answer, and on January 5, 2007, the Court conducted a trial on the merits. Entering appearances at the trial were:


    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: Bankruptcy No. 03-16518. Adversary No. 06-01093
  3. Andrea White (2006)

    Capital One Auto Finance ("Capital One") holds a lien on the Andrea White's ("Debtor") automobile and filed the Objection to Confirmation of Plan because Debtor's proposed plan intends to bifurcate it's lien and pay Capital One less than the Contract interest rate.


    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: 06-10095
  4. Matter of Zedda (1994)

    This matter came before the Court on the application of Mark S. Goldstein ("Goldstein") and Dennis Mann for recognition and payment of administrative fees and expenses in the amount of $12,157.67. (Pl. 44). The debtors objected to the application at the hearing held on November 10, 1993, (Pl. 51). For the reasons stated below, the motion is GRANTED IN PART.


    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: Bankruptcy No. 91-10807-JAB
  5. In Re Roach (2003)

    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). Ms. Roach had made these loans with the Educational Credit Management Corporation ("Educational Credit"). The court finds that Ms. Roach has not met her burden of proving undue hardship under Section 523(a)(8). Therefore, her student loans are not discharged.


    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: Bankruptcy No. 00-13209, Adversary No. 01-1263
  6. In Re Stewart (2008)

    On August 23, 2007, Debtor, Dorothy Chase Stewart ("Debtor"), filed an Objection to Wells Fargo Home Mortgage, Inc., as agent to Lehman Brothers' ("Wells Fargo") second amended claim. The proof of claim was signed by Hilary Bonial ("Bonial") of Brice, Vander Linden & Wernick, P.C. ("Brice"), national counsel to Wells Fargo. Debtor objected to the amounts claimed, demanded a payment history and support for items included in the claim described as "Other Amounts for Inspection Fees, Appraisal [...]

    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: 07-11113
  7. Matter of Guiding Light Corp. (1997)

    This matter comes before the court on: (I) the motion of the State of Louisiana through the Department of Health & Hospitals ("LDHH") to dismiss complaint for lack of subject matter jurisdiction (Pl.8); (2) the motion of LDHH and Bobby P. Jindal in his capacity as Secretary of the LDHH ("Jindal") to dismiss amended complaint for lack of subject matter jurisdiction (Pl.21); and (3) the motion of LDHH and Jindal to dismiss amended complaint for failure to state a claim (Pl.26). The issues to [...]

    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: Bankruptcy No. 97-11082, Adversary No. 97-1049
  8. Matter of Whittaker (1998)

    This matter came on for trial on May 4, 1998 on the complaint of Nina Killeen, the debtor's former spouse, objecting to the dischargeability of a debt under 11 U.S.C. § 523(a)(5) and (a)(15). The issues to be determined are:


    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: Bankruptcy No. 97-15292, Adversary No. 97-1178
  9. In Re O'Neil Theatres, Inc. (2000)

    On September 8, 2000, the court heard oral argument on the amended motion filed by O'Neil Theaters, Inc. ("O'Neil") to reject leases, one of which it had entered into with Market Street Developers, Ltd. ("Market Street").[1] O'Neil moves the court to reject that lease retroactively to August 11, 2000, the date on which O'Neil closed that theater. Market Street contends that the lease should be rejected as of the hearing date. At the hearing, the court rejected the lease, and took under [...]

    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: 00-15269, 00-15403
  10. In Re Wilson (2009)

    This matter came before the Court on Motions to Quash the United States Trustee's ("UST") Discovery Requests filed by Fidelity National Information Services, Inc. ("Fidelity"), Option One Mortgage Corporation ("Option One"), and The Boles Law Firm ("Boles").[1]


    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: 07-11862
  11. Matter of Upton Printing (1996)

    This matter came before the court on May 15, 1996 as a hearing on the debtor's motion for final decree (Pl. 81) and on the objection thereto filed by Fine Papers, Inc. (Pl. 85) and the U.S. Trustee ("UST") (Pl. 93). The objection filed by Fine Papers, Inc. was resolved. At the hearing, the court granted the debtor's motion for final decree, and took under advisement the issue of whether any post-confirmation fees were due to the UST. The court has reviewed the record, memoranda, and applicable [...]

    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: Bankruptcy No. 95-12256
  12. Kenneth L. Wiley, M.D. (2004)

    This matter came before the court on June 2, 2004 as a hearing on the motion of Kenneth L. Wiley, M.D. ("Dr. Wiley" or "debtor") to enforce the automatic stay against Tammi Tucker ("Tucker") and Doctor Care II, LLC ("defendants"), and on the opposition filed by the defendants. For the reasons expressed in the following memorandum opinion, the court finds that for the most part the contempt proceedings at issue are civil in nature, and therefore, the state court order and attachment issued on [...]

    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: 04-13927
  13. Matter of Executive Office Centers, Inc. (1988)

    This matter came on for hearing before the Court after due notice, pursuant to the Order of Judge Charles Schwartz, United States District Court, Eastern District of Louisiana, on the Motion of Executive Office Centers, Inc. ("EOC") to Disallow and Objection to Allowance of Claim of Burrus Investment Group, Inc. ("BIG"). The Court has considered the arguments of counsel, the evidence adduced and the record herein, and makes the following Findings of Fact and Conclusions of Law.


    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: Bankruptcy No. 87-00366-THK
  14. In Re Vizzini (2005)

    This adversary came before the court on December 6, 2004 as a trial on the complaint of Lori Barcelona, do Michael Stag (hereinafter "Barcelona" or "plaintiff') objecting to the dischargeability of a debt under 11 USC §§ 523(a)(2)(A), 523(a)(3), 523(a)(4), and 523(a)(6). Debtors have answered plaintiffs' complaints with a general denial of all claims.


    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: Bankruptcy No. 03-18831, Adversary No. 04-1041
  15. In Re Romano (2005)

    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. Memoranda were submitted by both the trustee and the debtors, and [...]

    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: 041-19155
  16. Irby Fitch and Brittany Fitch (2008)

    On September 5, 2007, Irby and Brittany Fitch ("Debtors") filed an Objection to Claim against Wells Fargo Home Mortgage, Inc., d/b/a America's Servicing Company as servicing agent for EMC ("Wells Fargo"). The Objection requested a full history of Debtors' mortgage loan and support for certain charges or fees claimed by Wells Fargo in its proof of claim. Specifically, Debtors requested documentation to support Wells Fargo's claim for broker's price opinion charges, inspection fees, foreclosure [...]

    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: 07-11319
  17. In Re Louisiana Indus. Coatings, Inc. (1983)

    This cause came regularly on for trial on April 29, 1982 and June 7, 1982, on the complaint of Louisiana Industrial Coatings, Inc., as Debtor-in-Possession, to avoid as preferential the redemption of fifty-one shares of its stock from George Pertuit. Although this trial was held prior to the expiration of the Supreme Court's stay of its decision in Northern Pipeline Construction Co. v. Marathon Pipe Line Co., ___ U.S. ___, 102 S.Ct. 2858, 2880, 73 L.Ed.2d 598 (1982), this Memorandum and Order [...]

    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: Bankruptcy No. 80-1371-K, Adv. No. 81-0277-K
  18. In Re Dixie Produce & Packaging, LLC (2007)

    John Weathington, III, Mariner Energy, Inc., Houston, TX, Katy L. Koestner, Naples, FL, Paul M. Lavelle, Landry & Lavelle, L.L.P., Paul J. Goodwine, Stephen B. Panus, New Orleans, LA, Gerald Wasserman, Metairie, LA, Patrick Reda, Keaton and Associates, Palatine, IL, for Plaintiffs.


    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: Bankruptcy No. 05-13410, Adversary No. 05-01098
  19. In Re Martinez (2007)

    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 obligations of the debtor for the years 1990 through 1993 are not dischargeable, and the tax obligations of the debtor for the years 1987 through 1989 are dischargeable.


    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: Bankruptcy No. 02-15471. Adversary No. 03-1232
  20. In Re MBS Management Services, Inc. (2010)

    On December 12, 2005, MBS Management Services, Inc ("MBS") and Vantage Power Services, LP ("Vantage") entered into a Commercial Agreement ("the Contract") that required Vantage to "supply the full requirements" of electricity to MBS, with MBS required to "receive and take its full electric requirements from Vantage."[1]


    Court: Bankruptcy Court for the Eastern District of Louisiana Docket: Bankruptcy No. 07-12151. Adversary No. 09-1158

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