John - Anderson Law Firm
Serving justice since 1972.
JOHN C. ANDERSON
ANDERSON FIRM, LLC
JOHN C. ANDERSON’S RECENT UNREPORTED CASES
Recent Unpublished Decisions:
I have represented a number of clients in substantial and famous cases in the last forty (40) years that have been “reported” (published in books containing legal decisions), but I have also (over the last forty (40) years) been involved as trial counsel in a number of significant unreported trials and/or settlements, the great majority of which resulted in a favorable verdict or settlement in favor of my clients. The following are a list of some of these recent unreported and unpublished cases in which I acted as trial counsel or co-counsel. They are a matter of public record.
1. In re JLH, LLC, No. 99-11535, United States Bankruptcy Court, Eastern Distrct of LA. I was co-counsel for the debtor and was able to confirm by consent a Chapter 11 Plan in case involving assets of $75M-$90M with debts of over $65M.
2. Barcosh v. Dumas, C.A. No. 06-616, U.S. Dist. Ct. for the Middle District of LA. I procured a judgment in 2007 having a monetary amount in excess of $1 million in a commercial dispute in which I gained a restraining order/injunction from the federal court against the defendant continuing two related state court actions.
3. Gavin v. Securities America, N.A.S.D. Arbitration Proceeding 03-09144. I represented as co-counsel the plaintiff who instituted an arbitration action alleging misconduct by the stockbroker handling the plaintiff’s account and alleging violations of Federal Securities law, as well as N.A.S.D. regulations. A monetary settlement of $325,000 was reached in 2006 without the need of trying the dispute before a panel of arbitrators. Jim Swanson [and his law partners in New Orleans] did all the real work; I was only there to assist them.
4. Morse v. Barrios, C.A. No. 2001-365, 21st JDC, Parish of Tangipahoa, State of LA. I was hired to try a “personal injury” case as co-counsel and represented the plaintiff in a jury trial in 2005 in Amite, LA in which he was attempting to recover substantial damages for personal injuries to his back and other medical problems arising out of an automobile collision. Before the jury was sent to deliberate, the defendants agreed to a settlement totaling $635,000.
5. Ascension Pump & Machine, Inc. v. Lalonde, C.A. No. 521,097, 19th JDC, Parish of East Baton Rouge. I represented the plaintiff in this commercial litigation action over control of a corporation and to enforce the terms and conditions in the purchase agreement in which the defendant sold 50% of the stock to my client in the plaintiff corporation (the defendant was attempting to deny or rescind the stock sale, placing ownership and control of the corporation at risk). A settlement was reached in 2004 after mediation in which the defendant conceded victory to my client, agreeing to the sale of stock, and thereby ending the litigation favorably to my client.
6. Morrow v. Western America, C.A. No. 99-2217, U.S.D.C., Western District of LA. I defended certain individuals in a commercial dispute. I represented a lawyer who, as part of the dispute, was alleged to have committed malpractice. After 2 days of trial in 2003, I was able to settle my part of the case in which the actions against my client were dismissed with prejudice, with my client being held not liable for any damages or judgment. The case ended with a favorable result for my client.
7. Campbell v. Coregis Ins. Co., C.A. No. 98-0733, U.S.D.C., Southern District of TX. I defended an attorney, who was alleged to have been negligent in an aggregate personal injury settlement and was sued for damages. After a week long trial in 2002, in Federal Court in Houston, I received a verdict exonerating my client from any negligence or damages and dismissing this suit with prejudice against him.
8. Speedy Oil v. Govostes, Civil Action in state court in a suburb of Boston, MA. I was lead trial counsel for plaintiff in a commercial dispute (to enforce a purchase agreement) in a trial in 2002. After 3 days of trial, the defendants stipulated to grant my client a consent judgment in excess of $930,000, secured by cash, as damages to compensate my client for the breach of contract by the defendant.
9. Jackson v. Smith, C.A. in the 19th JDC, Parish of East Baton Rouge. In 2002, I represented a plaintiff in a trial involving commercial litigation to enforce a purchase agreement of real estate. After a week long trial in 2002, I won judgment in favor of plaintiff, granting specific performance of the purchase agreement in favor of my client.
10. Total Environmental Solutions v. Silverleaf Resorts, C.A. No. 02-223, U.S.D.C., Middle District of LA. I represented the defendant in this case, a publicly-held corporation whose home office was in Dallas, Texas, in commercial litigation over proceeds derived from the sale of a real estate development and related utilities in Pennsylvania. Before trial, in 2002, the case settled in such a favorable manner for my client that the plaintiffs agreed not only to concede my client’s position, but also to pay my legal bill of $50,000 as part of the settlement and to dismiss the case against my client with prejudice.
11. Rattler Tools v. Bilco Tools, C.A. No. 05-293, U.S. Fed. Ct. for the Eastern District of LA. I was co-counsel for plaintiff in trying this case in which the plaintiff was seeking injunctive relief and monetary damages against the defendant for patent infringement (and related state law causes of action). The trial was completed in 2007, and a verdict was rendered which was unfavorable to my client, which was not anticipated, on injunctive relief and damages (but partial victory was granted to my client, upholding the validity of their patent). I only mention this case because of the unusual and exotic nature of the litigation; many trial lawyers never gain experience in patent, trademark, and other intellectual property litigation.
12. Policeman & Fireman Retirement Sys of the City of Detroit v. OB Investment LLC, et als; Suit #666,733, 24th JDC, Parish of Jefferson, State of Louisiana. I was counsel to one of the defendants in this suit who was sued on a guarantee and received a judgment against him for over $15 million. I was able to convince the creditor to take approximately 10% of the amount of the judgment in full settlement and cancelation of the judgment. This case involved some special financial restructuring of the client’s assets which facilitated the settlement.
13. GE Commercial Finance Business Property Corporation vs. Louisiana Hospital Center, L.L.C., et als; Suit #2008-0000776, 21st JDC, Parish of Tangipahoa, State of Louisiana. I represented approximately ten (10) defendants in this suit who were guarantors of a debt in excess of $20 million. I was able to settle the case with the plaintiff for each of my clients for less than 1% of the total amount for which they were being sued in full compromise of all amounts owed to plaintiff.
14. In re: Louisiana Hospital Center, L.L.C., Chapter 11 Case No. 09-11346, U.S. Bankr. Ct., E.D. of Louisiana. I filed a Chapter 11 Plan of Reorganization, but I was not able to confirm the Plan of Reorganization in this case for a hospital in Hammond, LA. I represented approximately ten (10) clients who had a financial interest in the debtor as investors. I assisted them in bringing together a group of buyers (and other doctor investors, together with my clients) who purchased the hospital from the first mortgage holder (who had gained title to the property finally in the reorganization case), restructured the financial arrangements of the hospital, completed construction of the hospital, and successfully placed it into operation. It was envisioned that my clients would make substantial recovery from my work in the financial restructuring of the hospital and placing it into operation. Even though the work was done outside the Chapter 11 case, the plan of reorganization filed in the Chapter 11 case was basically accomplished through the out-of-court restructuring.
15. In re: Creekridge Capital, LLC, a Minnesota limited liability company, a/k/a and d/b/a Smith & Nephew Finance vs. Louisiana Hospital Center, LLC, et al; Civil Action No. 09-5861, U.S.D.C. E.D. of LA. I represented approximately six (6) defendants in this suit by the plaintiff on lease obligations in excess of $2 million as guarantors of the lease. Each of my clients had exposure of approximately $500,000 each. I was able to settle this case on the basis that my clients paid approximately 18% of the amount for which they were sued. I was then able to assist in getting the leased equipment sold under a contract whereby the purchaser agreed to pay the settlement amounts owed by each of my clients to the plaintiff. Thus, virtually all of my clients were able to escape this litigation, not be cast in judgment, and have the settlement payments made by the third party purchaser.
16. In re: Peter E. Watzek, Chapter 11 Case #09-32537, United States Bankruptcy Court, Western District of LA. I filed a Chapter 11 plan which involved a businessman who had failed in the welding business. There were 3 separate legal entities holding assets which had to be liquidated to fund the Chapter 11 plan. I arrived at negotiated settlements with all of the major creditors and was able to get a consensual plan confirmed with unanimous vote from all classes of creditors, requiring no “cram down.”
17. In re: James Ray Alford, Chapter 11 Case #11-30714, United States Bankruptcy Court, Western District of LA. I filed and confirmed a Chapter 11 plan in an extremely difficult case in which my client had to liquidate assets from 3 separate legal entities in order to confirm the plan. I was able to do this and gain unanimous consent from all classes of creditors, thereby avoiding the requirement of a “cram down.” At the confirmation hearing, the bankruptcy judge announced to the whole courtroom that my work on this case for an individual Chapter 11 debtor was the best that he had ever seen and told the attorneys present that they needed to go to the bankruptcy court’s record and get the pleadings which I had filed in this case so that they could use them in the future in their own cases. This was quite a compliment.
Date of Last Revision: December 1, 2014
JOHN C. ANDERSON’S LIST OF REPORTED CASES
I have a great number of reported decisions in substantial and famous cases in the last forty years. The following are some of the more significant reported decisions in which I was successful. Many of these decisions created, fixed, or clarified the law in the area of law which they addressed.
1. Hays v. Jimmy Swaggart Ministries, 263 B.R. 203 (Bankr., E.D. La. 1999), aff’d, F.3rd 796 (5th Cir. 2002) (Overview: Avoidance of transfers and recovery of monies from recipients was not proper even though these transfers were transfers of the debtor’s property and even though they occurred within one year of filing, because they were not made with actual intent to hinder, delay, or defraud creditors, because they were supported by adequate consideration, and because defendant’s defenses were valid – my friend, Barry Miller, did all the real work on this one – I “road his coattails” and watched him work.
2. In re Tahkenitch Tree Farm Partnership, 156 B.R. 525 (Bankr., E.D. La. 1993) (Overview: Trustee appointed in a Chapter 11 case where management of the debtor-in-possession was in turmoil, where the votes between the partners to take business actions were stalemated, and where the best interest of creditors and the estate would be served by appointing an independent trustee).
3. In re Sandy Ridge Dev. Corp., 889 F.2d 663 (5th Cir. 1989) (Overview: Distribution of estate property, at values properly fixed by bankruptcy court, to nonconsenting creditors under a liquidation reorganization was not per se prohibited as a matter of law under the Bankruptcy Code).
4. In re Sandy Ridge Dev. Corp., 881 F.2d 1346 (5th Cir. 1989) (Rehearing by en banc panel – rehearing denied, decision at 889 F.2d 663 upheld). (Overview: The transfer through the plan of all or part of the debtor’s collateral to secured creditor, at a value properly fixed by the bankruptcy court based on appraisals, gave the creditor the indubitable equivalent of its secured claim; this case clarified the law under Chapter 11 in an area of “cram down” which became known as “dirt for debt” plans – plans in which secured creditors are forced to accept all or part of their collateral, which is often real estate, to satisfy their claims under a Chapter 11 plan).
5. In re: Timbers of Inwood Forest Associates, Ltd., 808 F.2d 363 (5th Cir. 1987) (Rehearing by en banc panel) (Overview: Undersecured creditor was not entitled to adequate protection payments based on “opportunity costs,” nor to relief from the automatic stay because it had adequate avenues of protection, including foreclosing on collateral in which Chapter 11 debtor had no equity and petitioning to convert to a Chapter 7 proceeding. I was not counsel of record for either party in this case, but the 5th Cir. quoted analysis in my report rendered to the Senate Judiciary Committee in the creation of Chapter 12 of the Bankruptcy Code concerning adequate protection theory and my analysis was the primary basis for its decision. This decision was the first and only decision to adopt my reasoning, and it created a split in the federal circuits on this important Chapter 11 issue. The United States Supreme Court granted writs of appeal and upheld the Fifth Circuit’s decision).
6. In re J.B. Resources, 1984 WL 162953 (Bankr. E.D. Tx 1984) (Overview: Debtor’s Plan of Reorganization was confirmed under Chapter 11 of the Bankruptcy Code; Debtor was an oil and gas producer; certain key provisions under the plan not only canceled certain oil and gas liens valid under state law, but also released causes of actions between various parties relating to the oil and gas liens, because the plan was the only means of recovery for all creditors, because the releases of liability and cancelation of liens was necessary to clear title to the rights in the oil and gas produced under the leases, because it fairly protected the recovery rights of the lienors whose liens were canceled, because it was fair and equitable to all creditors, and because it was feasible – this was the first decision reported under the newly-enacted Bankruptcy Code which involved an erasure of liens and cancellation of claims against non-debtor parties as part of the “cram down” powers of the Bankruptcy Court).
7. In re Louisiana Industrial Coatings, Inc., 31 B.R. 688 (Bankr., E.D. La. 1983) (Overview: Redemption of stock by insolvent corporation from shareholder was held to be a fraudulent conveyance and avoidable, since it allowed inter alia a shareholder to extract recovery from an insolvent corporation before all creditors were paid).
8. In re Iverson, 24 B.R. 227 (Bankr., W.D. La. 1982) (Overview: Debtors’ Chapter 11 reorganization plan, which required junior secured creditors to exchange liens against real estate, was confirmed, since it was fair and equitable to all creditors and since it was feasible).
9. In re W.E. Parks Lumber Co., 19 B.R. 285 (Bankr., W.D. La. 1982) (Overview: A trustee’s reorganization plan issuing income bonds was feasible where it did not provide for excessive capital structure, it gave the debtor a reasonable prospect for survival, and the anticipated net earnings were sufficient to meet interest and dividend requirements – this is the first reported decision confirming a reorganization plan issuing income bonds under the Bankruptcy Code, as well as the first reported decision for a plan issuing income bonds pursuant to a corporate reorganization case in more than 50 years). This plan has been (and is now) permanently published at Vol. 9, West Legal Forms 476, §1308, “Trustee’s Plan With Income Bonds” (West Co. 3rd Ed. 1998)).
10. In re Wm. Wolf Bakery, Inc., 14 B.R. 283 (Bankr., M.D. La. 1981) (Overview: Action of debtor-in-possession in Chapter 11 case to avoid secured interest in accounts receivable upheld and accounts receivable declared not to be “cash collateral” and subject to the many restrictions imposed on such by the Bankruptcy Code; utilization of them by the debtor-in-possession allowed so that it could continue in business; this decision caused the entire revisions made to Louisiana’s Assignment of Accounts Receivable Statute and caused a reenactment of new legislation for the creation and perfection of any assignment/secured interest taken in accounts receivable in Louisiana).
11. In re Hollanger, 15 B.R. 35 (Bankr., W.D. La. 1981) (Overview: Debtor’s Chapter 11 Plan of Reorganization confirmed, which caused all secured creditors to accept a complete restructure and reamoritzation of the payment of their claims; this case was the first, leading and clarifying decision on the broad nature of the Bankruptcy Court’s “cram down” powers to restructure debts – and not reinstate the normal payment schedule - under what was then the newly-enacted Bankruptcy Code).
Last Date of Revision: December 1, 2014
© Anderson Law Firm 2012 - 2013