T. Hartley Kingsmill Jr.
How Judge Kingsmill rules, drawn from 8 signed orders. Every observation links to the order it came from.
Judge Kingsmill no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kingsmill decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A perfected assignment covering hotel revenues reached post-petition receipts once the secured creditor filed the required notice.
“Accordingly, FSA’s motion to segregate hotel receipts from the date of March 19, 1991 forward is Granted.”
Avoidance relief was supported where an insolvent corporation redeemed insider stock for valuable consideration while receiving nearly worthless shares.
“The redemption by LIC of Pertuit’s stock in that corporation was a preference avoidable under section 547 of the Bankruptcy Code.”
Procedural preferences
Chapter 11 protection may be dismissed with prejudice when the filing is a litigation tactic with no realistic reorganizational purpose.
“the FTC’s motion to dismiss these bad faith petitions for cause is granted with prejudice against the filing of further bankruptcy petitions.”
A request for equitable claim reduction requires extraordinary circumstances and proof of actual misconduct or injury.
“Therefore, there are no grounds for this Court to invoke its equitable powers to disallow or limit the claim of BIG in this bankruptcy case.”
Cautions
A post-petition tax payment made from estate funds without court authority may violate the automatic stay and be recoverable.
“The payment to the defendant was an unauthorized, illegal payment without Court authority.”
Professional-property exemptions extend only to items necessary to practice the profession, not an entire home and office inventory.
“only that property necessary to the exercise of a profession is exempt, and those items are further limited to tools, instruments, books, one pickup truck or motor vehicle and one utility trailer.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, FSA’s motion to segregate hotel receipts from the date of March 19, 1991 forward is Granted.”
“For these reasons, the Court will grant BMPs motion for summary judgment”
“the FTC’s motion to dismiss these bad faith petitions for cause is granted with prejudice against the filing of further bankruptcy petitions.”
“Creditor, ITT Commercial’s Objection to Exemption is hereby denied.”
“the FSLIC’s and the Trustee’s objections to the exemption for ‘luxury’ items, such as antique furniture, is DENIED.”
“the FSLIC’s objection to the exemption of the contents of any room not specifically mentioned in La.R.S. 13:3881 is GRANTED.”
“the FSLIC’s objection to the exemption of certain living room furniture is DENIED.”
“the FSLIC’s objection to the exemption of the contents of more bedrooms than those necessary for use by family members is GRANTED.”
“the FSLIC’s objection to the exemption of a home office as well as workplace offices is GRANTED.”
“Accordingly, the Court denies the exemption of more than two desks, word processors or other furniture as to be used by the Debtor and his secretary in the law profession.”
“an Order will be entered denying EOC’s motion to disallow or reduce the claim of BIG in this bankruptcy.”
“The redemption by LIC of Pertuit’s stock in that corporation was a transfer avoidable under section 544 of the Bankruptcy Code.”
“The redemption by LIC of Pertuit’s stock in that corporation was a preference avoidable under section 547 of the Bankruptcy Code.”
“The redemption by LIC of Pertuit’s stock in that corporation was a transfer avoidable under section 548 of the Bankruptcy Code.”
“Prior to the trial, the defendant filed a motion to dismiss and also a motion for summary judgment which were denied.”
“Accordingly a judgment will be entered in favor of the plaintiff and against the defendant avoiding the transfer of funds to the defendant and directing that the sum of $85,848.43 be returned to the plaintiff by the defendant.”
A historical record
Judge Kingsmill no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.