Louisiana

Caillouet v. First Bank and Trust (In re Entringer Bakeries)

The debtor filed a voluntary petition for relief under chapter 11, which was subsequently converted to a chapter 7 case. Plaintiff trustee filed an adversary proceeding against defendant creditor, seeking to avoid alleged preferential transfers under 11 U.S.C. § 547(b) and seeking to recover such amount from the creditor as an initial transferee under 11 U.S.C. § 550.
Ruling: 
Trustee was entitled to recover preferential transfer from creditor in amount estate was diminished by net proceeds of sale of debtor's property.
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Schott v. Ford Motor Credit Co. (In re Compton)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid a security interest in the debtors'vehicle. The trustee alleged that the security interest was a preference under 11 U.S.C. § 547 and he was entitled to avoid the lien.
Ruling: 
Trustee was entitled to avoid creditor's security interest as preferential transfer.
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In re Dynamics

The debtor moved for confirmation of its chapter 11 plan.
Ruling: 
Chapter 11 plan was denied confirmation since less than the required two-thirds of claims holders accepted the plan.
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In re Barnett Marine

An oversecured creditor obtained a prepetition consent judgment against a bankruptcy debtor, debts to the creditor were satisfied through the sale of collateral, and the debtor's plan was confirmed. Based on its oversecured status, the creditor moved pursuant to 11 U.S.C. § 506(b) for an award of postpetition attorney fees and costs incurred in the bankruptcy proceeding.
Ruling: 
Creditor's motion for an award of postpetition attorey fees and costs was denied since section 506(b) applied only from the petition date to the date of plan confirmation.
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In re McCollum

Debtor filed a Motion For Permission To Sell Property Of Estate. The motion requested authority to sell his home for $37,000. Since the property was unencumbered, debtor was asserting the homestead exemption over the first $25,000 in net sale proceeds. Debtor proposed to pay the remaining proceeds, estimated to be $12,000, to claimants as an accelerated lump sum payment of the amounts due under his plan. The chapter 13 trustee objected.
Ruling: 
Court approved debtor's accelerated lump sum payment proposal to complete the debtor's plan since the proposal was in the best interests of creditors and was made in good faith.
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In re Babcock & Wilcox Co.

Before the court for findings of fact and conclusions of law in a chapter 11 matter was a joint motion of debtors and two other entities to enter into settlement with an insurance company.
Ruling: 
Court approved settlement with insurance company since it was negotiated in good faith, was in the best interests of the debtors'estates, and met the requirements of Rule 9019.
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Killough v. Hebert (In re Hebert)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor arising out of an employment arrangement was not dischargeable under 11 U.S.C. § 523(a) based on the debtor's fraud and willful and malicious injury. The bankruptcy court conducted a trial.
Ruling: 
Debt owed to creditor who alleged creditor joined debtor's medical practice based on false promises was deemed dischargeable since the creditor failed to show fraudulent intent.
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