Legal Opinion

Elixir Industries, Inc. v. City Bank & Trust Co.

Court of Appeals for the Fifth Circuit

Decided November 6, 2007No. 06-30986Published

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

In this bankruptcy case, Elixir Industries, Inc. (“Elixir”) appeals the district court’s judgment in favor of mortgage-holder City Bank & Trust Co. (“City Bank”), which held that Elixir’s judgment lien was voided during the bankruptcy proceeding. We hold that upon confirmation of the reorganization plan, the hen was voided under 11 U.S.C. § 1141(c), and thus AFFIRM the judgment of the district court.

I

In May 1996 Elixir properly filed and recorded a judgment lien in the mortgage records of Natchitoches Parish, Louisiana, in the amount of $40,961.53 (plus costs and…

2Cases cited11 opinions

  1. Dewsnup v. TimmSupreme Court of the United States · 1992
  2. In re PenrodCourt of Appeals for the Seventh Circuit · 1995
  3. United States v. James W. WhiteCourt of Appeals for the Eleventh Circuit · 2006
  4. In Re Be-Mac Transport Company, Inc., Debtor. Federal Deposit Insurance Corporation v. Union Entities, (Two Cases). Federal Deposit Insurance Corporation v. Be-Mac Transport Company, Inc., and the Plan Committee, Federal Deposit Insurance Corporation v. Be-Mac Transport Company, Inc.Court of Appeals for the Eighth Circuit · 1996
  5. Texas v. Soileau (In Re Soileau)Court of Appeals for the Fifth Circuit · 2007

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