Louis M. Phillips
How Judge Phillips rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Phillips no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Phillips decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A charitable transfer exceeding the statutory percentage threshold remained subject in full to reasonably-equivalent-value review.
“if a transfer exceeds fifteen percent of the debtor’s gross income and is otherwise avoidable under § 548, the entire transfer is avoidable, not merely that portion of the transfer exceeding 15 percent of the debtor’s yearly income.”
A secured creditor's claim was divided at the collateral value, excluding postpetition interest and unliquidated fees from the unsecured portion.
“The claim of Whitney is fixed as an allowed unsecured claim against the estate in the amount of $11,237.21.”
Procedural preferences
Cross-motions for summary judgment were resolved by applying the contract's termination and assumption provisions to the undisputed record.
“grants the Trustee’s Motion for Summary Judgment, and denies Franke-Misal’s Motion for Summary Judgment.”
Equitable considerations supported remand where the bankruptcy connection was remote and state-law issues predominated.
“For these reasons, Plaintiffs Motion to' Remand is GRANTED.”
Cautions
A prepetition personal-injury recovery remained estate property even when the proposed allocation labeled part of it future medical expenses or lost earning capacity.
“the settlement and compromise is approved in amount but that the entire settlement amount is property of the bankruptcy estate.”
A creditor's late notice did not make a debt nondischargeable where the creditor still could participate before final distribution.
“For the foregoing reasons, the Court holds that Ricks’ debt owed to Lott Furniture is DISCHARGEABLE.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
The decision interpreted the duration of postconfirmation quarterly fees; the cached text did not state the case-specific final-decree disposition clearly enough for classification.
“The series of debts incurred through use of the Visa card is excepted from discharge pursuant to § 523(a)(2)(A), as against Mrs. Melancon.”
“The $5000 debt incurred by Mr. Melancon in August of 1994 is dischargeable.”
“Since LA Cap prevailed on one of its claims, the court finds that the complaint was substantially justified, and denies the debtors’ request.”
“A separate Order approving the Trustee’s Final Report and amended distribution schedule, with the interest proposed, will be entered.”
“therefore the Tennessee property, by virtue of the declaration, is property of the bankruptcy estate.”
“Further, the Court deems it necessary to issue a permanent injunction, in form and substance similar to the consent preliminary injunction.”
“the settlement and compromise is approved in amount”
“Further, there is no applicable exemption applicable to any of the proceeds.”
The extensive decision analyzed Louisiana annuity exemptions, but its concluding section did not state the objection's disposition expressly enough for classification.
The decision analyzed a late reaffirmation agreement and ride-through law; it is retained as context because no concise express disposition was located.
“The claim of Whitney is fixed as an allowed unsecured claim against the estate in the amount of $11,237.21.”
“The separate request for attorney’s fees is denied.”
“grants the Trustee’s Motion for Summary Judgment, and denies Franke-Misal’s Motion for Summary Judgment.”
The decision addressed ownership of construction-claim proceeds but is retained as context because its final disposition was not sufficiently explicit in the cached text.
“A separate judgment, dismissing the complaint with prejudice, will be entered.”
A historical record
Judge Phillips 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.