Case law

Landry v. Exxon Pipeline Co.

260 B.R. 769 · United States Bankruptcy Court, M.D. Louisiana · Mar 28, 2001

Amendment immunity.” 106 However, the term “Eleventh Amendment immunity” has been described by the United States Supreme Court as: convenient shorthand [and] something of a misnomer, for the sovereign immunity of the States … Clearly, each non-insured Defendant hopes that if a contribution right is established against the Debtor, in the event of liability of the other defendants to the Plaintiffs, that it can be exercised against the Insurers

In Re Norris

183 B.R. 437 · United States Bankruptcy Court, W.D. Louisiana · Jun 15, 1995

An Application for Immunity was filed by the United States Attorney on March 16,1995. An order was signed by the District Court granting Norris immunity on the same date. … The Albers court relied on In re All Media Properties, Inc., 5 B.R. 126, 142 (Bankr.S.D.Tex.1980), aff'd, 646 F.2d 193 (5th Cir.1981), which stated: [t]he Congressional intent is rather clearly to qualify as a petitioning

In Re Beco, Inc.

46 B.R. 563 · United States Bankruptcy Court, W.D. Louisiana · Feb 14, 1985

The evidence presented clearly leads this Court to the conclusion that Patrick L. Booker actually provided the services to which he is seeking compensation. In fact, Mr. … Booker doesn’t qualify as a disinterested person for the purposes of Section 327(a), and (5) Mr. Booker qualifies as a professional person for the purposes of Section 327.

In Re Orso

219 B.R. 402 · United States Bankruptcy Court, M.D. Louisiana · Mar 23, 1998

Clearly, therefore, the Louisiana statutory law does not establish the distinction between an annuity and an annuity that is also an account ■receivable. 2. … contracts would qualify as an annuity and that is clearly not what the McCollam decision requires.”

March v. Sanders (In Re Sanders)

128 B.R. 963 · United States Bankruptcy Court, W.D. Louisiana · Feb 20, 1991

Those who seek discharge in bankruptcy must make honest disclosure, but sometimes disclosure will reveal that the debtor in other respects does not qualify for a fresh start. … This intent may be established by circumstantial evidence.

In re Anderson

496 B.R. 812 · United States Bankruptcy Court, E.D. Louisiana · Jul 26, 2013

No property can be exempted (and thereby immunized), however, unless it first falls within the bankruptcy estate. … In 1985, Florida amended its homestead law such that the condominium, which had not previously qualified for a homestead exemption, became eligible for an exemption.

In Re Devilliers

358 B.R. 849 · United States Bankruptcy Court, E.D. Louisiana · Jan 9, 2007

Section 1325(b)(2) clearly defines “disposable income” based on historical information. … Piazza has also failed to establish the reasonableness and necessity of *868 proposed deductions for contributions to a qualified retirement account.

Universal Security & Protection Service, Inc. v. Desire Community Housing Corp. (In Re Universal Security & Protection Service, Inc.)

223 B.R. 88 · United States Bankruptcy Court, E.D. Louisiana · Jul 6, 1998

U.S., 14 determined that funds held in the United States Court of Federal Claims retained their character as federal funds and were immune from state attachment proceedings. … Further, although the court was unable to locate any cases involving the HOME program, the HOME program clearly contains extensive and detailed regulations governing the expenditure of federal funds under the program.

Beeland Properties, LLC v. TDP Group, LLC

United States Bankruptcy Court, M.D. Louisiana · Jul 17, 2025

§ 106(a) and § 544(b), and defy our established rule that sovereign-immunity waivers must be construed narrowly. … This court clearly does not have in rem jurisdiction over TDP’s potential property, no matter how tempting it might be to preserve the value of the estate’s reimbursement claim by placing a hold on the money.

Turner v. Talbert (In Re Talbert)

347 B.R. 804 · United States Bankruptcy Court, E.D. Louisiana · May 24, 2005

If each element of Rule 23(a) is satisfied, Plaintiffs must then establish that at least one of the elements of Rule 23(b) is satisfied. 1. … Also, the Court is satisfied that the named Plaintiffs will “vigorously prosecute the interests of the class through qualified counsel.”

Gill v. Hodgen (In Re Hodgen)

352 B.R. 74 · United States Bankruptcy Court, W.D. Louisiana · Sep 28, 2006

(“Trustee”) is the duly qualified and appointed trustee. The Debtors’ discharge was issued on December 7, 2004. … The totality of the circumstances clearly establishes that the Debtors were attempting to hinder, delay and defraud their creditors by placing then-property in the names of their children.

In Re RB-Co., Inc. of Bossier

59 B.R. 43 · United States Bankruptcy Court, W.D. Louisiana · Jan 29, 1986

Does the sentence mean to be qualified so as to force a creditor to release its liens even if it has not received full satisfaction of its claim? Possibly. … Clearly, the comparison with a dation would lead to the opposite conclusion, i.e. that the creditor could not be forced to accept the property.

Murray v. Louisiana State University Foundation (In Re Zohdi)

234 B.R. 371 · United States Bankruptcy Court, M.D. Louisiana · Jun 7, 1999

In fact, the picking of an amount or time limitation, for purposes of establishing eligibility, avoidability, existence of claim, nondischargeability, fixing of punishment, etc. is, not arbitrary, because such limitations … We mention the distinguishing usage of the plural "contributions” in the reference to the "practices” of the debtor with full recognition that § 102(7) of the Code establishes as a rule of construction that "the singular

Green v. Green (In Re Green)

352 B.R. 771 · United States Bankruptcy Court, W.D. Louisiana · Sep 30, 2005

the state court found that the Debtor owed the Plaintiff the sum of $27,401.54 through December 31, 2003, in retirement benefits and further indicated that the parties should partition the retirement benefits through a Qualified … The court finds that the debt clearly arises from the divorce and subsequent separation of property between the parties.

Andrus v. Scully's Metal Fabrication, Inc. (In Re Scully's Aluminum Crafts, Inc.)

352 B.R. 783 · United States Bankruptcy Court, W.D. Louisiana · Aug 10, 2006

Andrus (“Trustee”) is the duly appointed and qualified chapter 7 trustee. … When fraud or deceit is absent, however, other circumstances must be so strong as to clearly indicate that the corporation and shareholder operated as one. Kingsman Enterprises, Inc. v.

Calcasieu Marine National Bank v. LaRocca (In Re LaRocca)

12 B.R. 56 · United States Bankruptcy Court, W.D. Louisiana · Jun 16, 1981

In addition to actual fraud, to qualify under 11 U.S.C. 523(a)(2)(B) there must be a false financial statement in writing, respecting the debt- or’s financial condition, on which the creditor reasonably relied and that the … LaRocca clearly falls within present interpretation of 523(a)(2)(B), a material falsity.

Dartez v. Jefferson Pilot Financial, Inc. (In Re Dartez)

351 B.R. 364 · United States Bankruptcy Court, W.D. Louisiana · Jul 27, 2005

LAW AND ANALYSIS In determining whether the decision of a plan administrator of an ERISA qualified plan should be upheld, a court must review the decision for an abuse of discretion. 2 The Fifth Circuit has stated that a … The initial denial letter sent by Jefferson Pilot clearly stated that the decision was based upon a lack of objective medical documentation.

In Re Racca

40 B.R. 622 · United States Bankruptcy Court, W.D. Louisiana · Apr 19, 1984

Racca has clearly failed to do. Mr. Racca’s testimony regarding the details of his shrimping operation can be characterized, at best, as sketchy and unsatisfactory. … The state of Louisiana expressly waives any immunity from suit insofar as the garnishment of the nonexempt portion of the wages, salaries, commissions, or other compensation of public officials, whether elected or appointed

McClanahan v. Lakeside National Bank (In Re RDC Corp.)

88 B.R. 97 · United States Bankruptcy Court, W.D. Louisiana · Mar 22, 1988

Defendant agrees that the payments were preferential transfers described in Bankruptcy Code section 547(b), but maintains that the transfers were immune from the trustee’s avoidance powers under section 547(c)(2) as payments … Ranier (In re Fulghum Construction Corp.), 45 B.R. 112, 116 , 11 C.B.C.2d 1378, 1382-83 (Bankr.M.D.Tn. 1984) (emphasis added) aff’d, 78 B.R. 146 (M.D.Tn.1987). 2 Repayment of a working capital loan clearly diminishes the

In Re Norris

192 B.R. 863 · United States Bankruptcy Court, W.D. Louisiana · Aug 14, 1995

The notice clearly indicates the time and place of the hearing, as well as notice that civil contempt sanctions would be sought by the trustee. … Norris also objects that these contempt proceedings are violative of his immunity grant.