Legal Opinion

Elixir Industries, Inc. v. City Bank & Trust Co. (In Re Ahern Enterprises, Inc.)

Court of Appeals for the Fifth Circuit

Decided November 19, 2007No. 06-30986PublishedCited by 27 opinions

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 lien 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…

2Cases cited11 opinions

Dewsnup v. TimmSupreme Court of the United States · 1992
In re PenrodCourt of Appeals for the Seventh Circuit · 1995
United States v. James W. WhiteCourt of Appeals for the Eleventh Circuit · 2006
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
Texas v. Soileau (In Re Soileau)Court of Appeals for the Fifth Circuit · 2007

6 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

In Re Chrysler LLCCourt of Appeals for the Second Circuit · 2009
City of Concord v. Northern New England Telephone Operations LLCCourt of Appeals for the Second Circuit · 2015
Lawski v. Frontier Ins. Grp., LLC (In re Frontier Ins. Grp., Inc.)United States Bankruptcy Court, S.D. New York · 2018
Anh Van Dang v. Gilbert (In re Anh Van Dang)District Court, S.D. Texas · 2016
Cowin v. Countrywide Home Loans, Inc. (In re Cowin)District Court, S.D. Texas · 2015

22 more not listed; retrieve them via the Exa API.