John - Anderson Law Firm
Serving justice since 1972.
JOHN C. ANDERSON
ANDERSON FIRM, LLC
Post Office Box 82982
Baton Rouge, Louisiana 70884
11851 Wentling Ave., Baton Rouge, Louisiana 70816
Telephone: (225) 252-1645 Fax: (225) 615-7598
Office E-mail: email@example.com
Birth date: July 9, 1947
Birthplace: Homer, Louisiana
Louisiana State University, J.D. 1972, B.A. 1969 (Tulane University, 1965-8)
Honors: Member, Louisiana Law Review, 1970-72
Semi-finalist, Moot Court Trial Competition, 1970
Member, Moot Court Board, 1971-72
Winner, Flory Trial Competition, 1971
Member, Flory Trial Board, 1971-72
Recipient, Scholastic Scholarship, 1971
BAR ADMISSIONS AND PROFESSIONAL AFFILIATIONS:
Louisiana State Bar Association, since 1972.
Chairman 1987-88, and Council Member 1979-89,
Section on Corporate and Business Law.
National Bankruptcy Conference, Associate Member, 1983-86.
American Bankruptcy Institute, Since 1988.
Consultant, Senate Judiciary Committee, 1986.
OWNER, ANDERSON FIRM, LLC, Baton Rouge, Louisiana. Mr. Anderson holds (and has
held since 1978) an "AV" rating (the highest rating as a lawyer) with the Martindale-Hubbell Legal
Directory. Mr. Anderson specializes in bankruptcy, debtor-creditor law, and commercial litigation.
Mr. Anderson has spoken at numerous seminars on these issues and on landlord-tenant law in
Louisiana, defending title insurance companies in litigation involving real estate, ethics for lawyers,
collection law and insolvency, bankruptcy and bankruptcy tax issues. He was selected as Chairman of
the Section on Corporate and Business Law of the Louisiana State Bar Association for the term of
1987-88, after serving for approximately a decade on the Council (the board of directors) for the
Corporate and Business Section. His practice includes corporate and business law and commercial
litigation, with a predominate emphasis on bankruptcy reorganization law and commercial litigation.
His bankruptcy reorganization representation includes debtors, creditors, and banks, and his special
orientation is to business reorganizations under Chapter 11. Mr. Anderson was designated as one of
the best lawyers in America in the area of "creditors' and debtors' rights" in the books "The Best
Lawyers in America" (Woodward/White, Inc. 1983 & 1987).
November 10, 2016
JOHN C. ANDERSON’S LIST OF PUBLICATIONS
Board of Advisors:
The Bankruptcy Law Review (Faulkner & Gray, Inc., 1989-93).
1. Co-author with Richard Ward, A PRACTITIONERS’ GUIDE TO CHAPTER 11
REORGANIZATIONS, published by Interline Publishing, 1980; this is a booklet of forms
and guide to practice under the Bankruptcy Code enacted in 1978, effective November 1,
1979; and both Professor Frank Kennedy, who was Executive Director of the National
Commission on Bankruptcy Laws, whose work product was the Bankruptcy Reform Act of
1978 – the Bankruptcy Code under which we all practice bankruptcy law - and Judge Leroy
Smallenburger, Chief Bankruptcy Judge for the Western District of Louisiana, wrote the
forwards to this manual. Then, Judge Smallenburger adopted the forms included as the first
local, official bankruptcy forms to be used in Chapter 11 cases in the Western District of
2. Author, CHAPTER 11 REORGANIZATIONS, published by Shepherd's/ McGraw-Hill, 1983;
and annual supplements for 1984, 1985, 1988, 1989, 1990, 1991, 1992, 1993, 1994 & 1995.
This was the first complete treatise published in the United States on the subject of Chapter 11
3. Co-author with Professor Jeff Morris, CHAPTER 12: FARM REORGANIZATIONS,
published by Shepherd's/McGraw-Hill, 1987; and annual supplements for 1988, 1989, 1990,
1991, 1992, 1993, 1994 & 1995. This was the first complete treatise published in the United
States on the subject of Chapter 12 reorganizations.
4. Contributing author, BANKRUPTCY PRACTICE AND STRATEGY (The editor of this
legal treatise was Alan N. Resnick, who is the Co-Editor-in-Chief of Collier on Bankruptcy),
published by Warren, Gorham & Lamont, 1987. I was the author of the following chapters in
this legal treatise:
1. "Drafting, Negotiating, and Obtaining Confirmation of a Chapter 11 Reorganization
2. "Preparing a Disclosure Statement and Obtaining Court Approval."
3. "Objections and Exceptions to Discharge."
5. Author, A FARMER'S GUIDE TO LENDING LAW, published by Louisiana Cooperative
Extension Service, 1987.
1. “Consumer Bankruptcy Reform Under the Bankruptcy Abuse and Consumer Protection Act of
2005,” 54 La. Bar J. 18 (Number 1, 2006).
2. “Highlights of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA)
2005 - Consumer Cases,” 33 Southern University Law Review 1 (2005)
3. “Highlights of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,”
Baton Rouge Bar Journal 16-19 (September 2005).
4. "The Reorganization Plan, the Collateral, and Third-Party Guarantors," F & G's Bankruptcy
Law Review, Vol. 1, No. 3 (Fall 1989).
5. "Sandy Ridge Denies Debtor's Right to Transfer Property to Satisfy Claim in Reorganization,"
F & G's Bankruptcy Law Review, Vol. 1, No. 1 (Spring 1989).
6. "An Analysis of Pending Bills to Provide Family Farm Debtor Relief Under the Bankruptcy
Code," 132 Congressional Record S15076-91 (October 3, 1986); republished in Collier on
Bankruptcy. See Vol. E, Appendix, Collier on Bankruptcy, Part 7(c), “Legislative History,
Floor Statements,” pps. 7 - 126 through 190 (15th ed. rev. Matthew Bender 2011).
7. "Classification of Claims and Interests in Reorganization Cases Under the Bankruptcy Code,"
58 American Bankruptcy Law Journal 99 (1984).
8. "Fifth Circuit Symposium on Bankruptcy," 28 Loyola Law Review 805 (1982).
9. "Fifth Circuit Symposium on Bankruptcy," 27 Loyola Law Review 764 (1981).
10. "A Practitioner's Guide to Financial Rehabilitation Through Chapters X-XIII of the
Bankruptcy Act," 24 Louisiana Bar Journal 203 (1976) and 24 Louisiana State Bar Journal
11. "Partially Secured Creditors: Their Rights and Remedies Under Chapter XI of the Bankruptcy
Act," 37 Louisiana Law Review 1003 (1977).
12. "Secured Creditors: Their Rights and Remedies Under Chapter XI of the Bankruptcy Act," 36
Louisiana Law Review 1 (1975), republished in 81 Commercial Law Journal 129 (1976) and
26 Law Review Digest 7, Vol. 2 (1976).
13. "A Proposed Solution for the Commercial World to the Sniadach-Fuentes Problem:
Contractual Waiver," 78 Commercial Law Journal 283 (1973), republished in 79 Case &
Comment 24, Vol. 1 (1974).
14. "Parole Evidence Used to Show Lack of Authenticity Necessary to Justify Executory
Process," 31 Louisiana Law Review 659 (1971).
15. "The Effect of Bankruptcy Liquidations on Louisiana Security Devices," 31 Loyola Law
Review 1 (1985).
16. "Competing Systems of Debtor Relief," 31 Louisiana Bar Journal 216, No. 4 (1983).
17. "Farmer Reorganizations Under the New Bankruptcy Code," 28 Loyola Law Review 439
18. "Liquidating Plans of Reorganization," 56 American Bankruptcy Law Journal 29 (1982).
19. "New Rules for Compensation in Bankruptcy Proceedings," 86 Commercial Law Journal 79
20. "The Construction Industry Looks at the New Bankruptcy Code," 1 The Construction Lawyer
1, No. 3 (1981).
21. "Real Property Arrangements Under the Old and New Bankruptcy Acts," 25 Loyola Law
Review 713 (1980).
22. "Highlights of the 1978 Bankruptcy Code," 27 Louisiana Bar Journal 151 (1979).
23. "Mitchell v. W.T. Grant Co.: Recognition of Creditors' Rights," 80 Commercial Law Journal
24. "Fuentes v. Shevin: Procedural Due Process and Louisiana Creditors' Remedies," 33
Louisiana Law Review 62 (1972).
Date of Last Revision: November 10, 2016
JOHN C. ANDERSON’S
LIST OF PROFESSIONAL SEMINARS:
83. Panelist, “Uninsured and Underinsured Motorist Law – Made Simple,” seminar in New
Orleans, Louisiana, 2016.
82. Panelist, “Title Law From Start to Finish,” seminar in Baton Rouge, Louisiana, 2015.
81. Panelist, “Collection Law From Start to Finish,” seminar in Baton Rouge, Louisiana, 2015.
80. Panelist, “Real Estate Transactions Made Painless and Efficient,” seminar in Baton Rouge,
79. Panelist, “Landlord-Tenant Law,” seminar in New Orleans, Louisiana, 2015.
78. Panelist, “Title Law from Start to Finish,” seminar in Baton Rouge, Louisiana, 2015.
77. Panelist, “7th Annual Landlord-Tenant Law,” seminar in Lafayette, Louisiana, 2015.
76. Panelist, “Title Law in Louisiana Made Painless,” seminar in Baton Rouge, Louisiana, 2015.
75. Panelist, “6th Annual Landlord-Tenant Law,” seminar in Lafayette, Louisiana, 2014.
74. Panelist, “Advanced Collection Law,” seminar in Baton Rouge, Louisiana, 2014.
73. Panelist, “Business Contracts A to Z,” seminar in Baton Rouge, Louisiana, 2014.
72. Panelist, “Business Contracts A to Z,” seminar in Baton Rouge, Louisiana 2013.
71. Panelist, “Title Law Louisiana,” seminar in Baton Rouge, Louisiana, 2012.
70. Panelist, “5th Annual Landlord – Tenant Law,” seminar in Lafayette, Louisiana, 2012
69. Panelist, “Commercial Loan Workouts and Collateral Liquidation in Louisiana,” seminar in
Baton Rouge, Louisiana, 2012
68. Panelist, “Consumer Bankruptcy from Start to Finish,” seminar in New Orleans, Louisiana,
67. Panelist, “In-dept Title Insurance Principles,” seminar in Baton Rouge, Louisiana, 2011.
66. “4th Annual Landlord – Tenant Law,” seminar in Baton Rouge, Louisiana, May, 2011.
65. Panelist, “Advanced Title Insurance Issues,” seminar in New Orleans, Louisiana, 2010.
64. Panelist, “Negotiating Real Estate Loan Terms and Workout Options,” seminar in New
Orleans, Louisiana, 2010.
63. Panelist, “Landlord-Tenant Law Update,” seminar in New Orleans, Louisiana, 2010.
62. Panelist, “Landlord-Tenant Law Update in Louisiana,” seminar in Lafayette, Louisiana, 2010.
61. Panelist, “Negotiating Commercial Leases,” seminar in Baton Rouge, Louisiana, 2009.
60. Panelist, “Landlord-Tenant Law in Louisiana,” seminar in Louisiana, 2009.
59. Panelist, “Title Law in Louisiana,” seminar in Baton Rouge, Louisiana, 2009.
58. Panelist, “Collection Law from Start to Finish,” seminar in Baton Rouge, Louisiana, 2009.
57. Panelist, “Real Property Foreclosure,” seminar in Baton Rouge, Louisiana, 2009.
56. Panelist, “Resolving Title Issues,” seminar in Baton Rouge, Louisiana, 2009.
55. Speaker, “Collection Law & Practice,” National Teleconference Seminar, April, 2009.
54. Panelist, “Advanced Title Insurance Issues,” seminar in Louisiana, 2009.
53. Speaker, “Attorney Professionalism in Louisiana,” National Teleconference Seminar,
52. Panelist, “Title Law in Louisiana,” seminar in Baton Rouge, Louisiana, 2008.
51. Panelist, “Collection Law: From Start to Finish,” seminar in Baton Rouge, Louisiana, 2008.
50. Panelist, “In-Depth Title Insurance Principles,” seminars in Lafayette and New Orleans,
49. Panelist, “Bankruptcy Law and Litigation,” seminar in Baton Rouge, Louisiana, 2008.
48. Panelist, “Bankruptcy Law and Procedure from Start to Finish,” seminars in Lafayette and
Baton Rouge, 2008.
47. Panelist, “Collection Law Tips and Strategies,” seminar in Baton Rouge, Louisiana, 2007.
46 Panelist, “Bankruptcy Law and Procedure from Start to Finish,” seminar in Baton Rouge,
45. Panelist, “Collection Law: The Good, The Bad and The Profitable” seminar in Baton Rouge,
44. Panelist, “Fundamentals of Bankruptcy Law [Under the BAPCPA Changes],” seminar in
Baton Rouge, Louisiana, 2006.
43. Panelist, “Landlord – Tenant Law in Louisiana,” seminar in Baton Rouge, Louisiana, 2006.
42. Panelist, “Collection Techniques and Law in Louisiana,” seminar in Baton Rouge, Louisiana,
41. Panelist, “Understanding the Bankruptcy Reform Act of 2005,” seminar in Baton Rouge,
40. Moderator and Panelist, “Understanding the Bankruptcy Reform Act of 2005 (“BAPCPA),”
seminar White Plains, New York, 2005.
39. Speaker, “Collection Techniques and Law," National Teleconference Seminar, September,
38. Speaker, “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," National
Teleconference Seminar, August, 2005.
37. Speaker, “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," National
Teleconference Seminar, July, 2005.
36. Speaker, “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," National
Teleconference Seminar, June, 2005.
35. Panelist, “Advanced Judgment Enforcement in Louisiana,” seminar in New Orleans, 2005.
34. Speaker, “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," National
Teleconference Seminar, June, 2005.
33. Panelist, “Collection Techniques and Law in Louisiana,” seminar in New Orleans, Louisiana,
32. Panelist, “Collection Techniques and Law in Louisiana,” seminar in Baton Rouge, Louisiana,
31. Panelist, “Louisiana Foreclosure and Related Bankruptcy Title Issues” seminar in Baton
Rouge, Louisiana, 2003.
30. Panelist, “Commercial & Residential Evictions and Landlord/Tenant Law in Louisiana,”
seminar in Baton Rouge, Louisiana, 2003.
29. Panelist, “Mastering Chapter 11 Bankruptcy in Louisiana” seminar in Baton Rouge,
28. Panelist, “Recent Uniform Commercial Code Developments” seminar in Baton Rouge,
27. Panelist, “Commercial Lending in Louisiana” seminar in Baton Rouge, Louisiana 2000.
26. Panelist, “Advanced Consumer Bankruptcy Issues in Louisiana” seminar in Baton Rouge,
25. Panelist, “Fundamentals of Bankruptcy Law and Procedure in Louisiana” seminar in Baton
Rouge, Louisiana 1995.
24. Panelist, “Lender Liability Law and Recent Developments” seminar held by Louisiana State
Bar Association, Consumer Law Section, in Destin, Florida 1991.
23. Panelist, “Foreclosure in Louisiana,” seminar in Baton Rouge, Louisiana 1990.
22. Panelist, “Bankruptcy and Business Workouts,” seminar conducted by University of
Mississippi Law School, in Greenville, Mississippi 1988.
21. Panelist, “Basic Bankruptcy in Louisiana” seminar in Baton Rouge, Louisiana 1988.
20. Panelist, “Bankruptcy and Business Workouts, “seminar conducted at Southern University
Law School in Baton Rouge, Louisiana 1998.
19. Lead Panelist & Moderator, “Chapter 12: Farm Reorganizations,” seminar held by the U. S.
Trustee Program in Washington, D.C., 1987.
18. Panelist Mississippi Bankruptcy Conference, seminar conducted by Mississippi Bankruptcy
Conference, and the Mississippi State Bar Association in Jackson, Mississippi, 1987.
17. Lead Panelist &Moderator, “Chapter 12: Farm Reorganizations,” seminar conducted by
American Bankruptcy Institute and Shepard McGraw-Hill in St. Louis, Missouri, 1987.
16. Panelist, “Principles of Insolvency and Bankruptcy and Tax Implication,” seminar held by the
Louisiana Society of Certified Public Accountants in Lafayette, Louisiana 1987.
15. Panelist, “Bankruptcy Conference,” seminar conducted by Louisiana State Bar Association, in
Alexandria, Louisiana 1987.
14. Panelist, “An Analysis of the Bankruptcy Code,” seminar Conducted by Loyola Law School
in Monroe, Louisiana, 1987.
13. Lecture on “Chapter 12 Farm Reorganizations,” conducted by University of Mississippi Law
School in Oxford, Mississippi, 1987.
12. Panelist, “Mortgage Foreclosures and Bankruptcy,” in New Orleans, Louisiana 1987.
11. Speaker, “Moral and Social Issues Facing Louisiana - The Farm Crisis” at the annual meeting
of the Louisiana Interchurch Conference, in Lafayette, Louisiana, 1987.
10. Panelist, “Creditor’s Rights and Bankruptcy” seminar in Lafayette, Louisiana 1987.
9. Panelist, Midwestern Bankruptcy Conference, seminar sponsored by University of Missouri
Law School - Kansas City, in Kansas City, Missouri, 1986.
8. Lectures on “Chapter 12 Farmer Reorganizations,” conducted by the Louisiana Interchurch
Conference - Farmer Crisis Coalition, conducted in Monroe, Eunice, Jonesville, Marksville,
and Natchitoches, Louisiana 1986.
7. Panelist, “Farm, Ranch and Agri-Business Bankruptcy Institute,” seminar co-sponsored by
Texas Tech University School of Law and West Texas Bankruptcy Bar Association in
Lubbock, Texas 1986.
6. Panelist, “Bankruptcy Conference” seminar conducted by University of Kentucky Law School
in Lexington, Kentucky 1985.
5. Panelist, “Bankruptcy Conference,” seminar conducted by University of Texas Law School in
Austin, Texas 1985.
4. Panelist, “Continuing Legal Educational Program - Bankruptcy” conducted by the Louisiana
State Bar Association in New Orleans, Louisiana 1983.
3. Panelist, “Creditor’s Rights and Bankruptcy” seminars held in both Shreveport and New
Orleans, Louisiana 1983.
2. Panelist, “Bankruptcy Conference,” seminar conducted by University of Texas Law School in
Austin, Texas 1983.
1. Lead Panelist and Moderator, “Bankruptcy Reorganizations” seminar conducted by the
Corporate and Business Section of the Louisiana Bar Association in Biloxi, Mississippi,
Date of Last Revision: November 10, 2016
JOHN C. ANDERSON
A Brief History of My Legal Career:
I was born and raised in Homer, Louisiana; I graduated from Homer High School in 1965, and
attended Tulane University on a football scholarship. After three years at Tulane, I relinquished my
football scholarship, transferred to LSU, and obtained my college degree (B.A.) in the spring of 1969.
I then enrolled in LSU Law School in the fall of 1969.
While in law school, I wrote on the Law Review (my case note was published; two comments
went unpublished). As a junior, I participated in the moot court competition (I was a semi-finalist in
the moot court competition my junior year and then served on the Moot Court Board my senior year).
In my junior year, I won the Flory Trial Competition (and as a senior, I served on the Flory Trial Club
Board). I became a permanent member of the LSU Law Review and was awarded an Academic
Scholarship my senior year. I was the only member of my class who participated in the trial
competition and also simultaneously wrote for the Law Review.
Shortly after graduation from LSU Law School, in1973, I opened a Baton Rouge office for the
New Orleans firm of Favret, Newman, Duggins, & Drolla. In 1973, my work with the New Orleans
firm was considered a “general” practice, but it primarily centered around commercial collection
work, which led me to become increasingly involved in bankruptcy cases. From 1972 to 1974, I
continued to write in the area of pre-judgment creditors remedies and published several law review
articles on this subject shortly after graduation.
The focus of my work (commercial collection work) necessarily included many bankruptcy
cases, and I became increasingly involved in many bankruptcy cases beginning in 1973. I was honored
by being appointed as a receiver, and then a trustee, in two substantial commercial Chapter 7
bankruptcy cases. Serving as bankruptcy trustee in these two cases in 1973 taught me the actual
“inside” work which was done by a bankruptcy trustee in bankruptcy cases; and in 1973, I began
representing trustees in difficult bankruptcy cases. At that time, the general knowledge of bankruptcy
law was very limited among Louisiana practitioners; very little was written on the subject; and it was
considered a true specialty area. Moreover, I learned that this area of law was limited (in actual
practice) to virtually nothing but Chapter 7 liquidation cases. Thus, I found that bankruptcy
reorganization law was virtually unknown and rarely utilized, even by experienced bankruptcy
practitioners and trustees in Louisiana. I began filing bankruptcy reorganization cases, starting in 1973,
and my cases dramatically increased because of the 1974-1975 real estate recession. Because I
represented creditors as my primary practice, when I authored my first lead article on reorganizations,
published in 1975 in the Louisiana Law Review, it explained the rights of secured creditors under
Chapter XI of the “old” Bankruptcy Act. This article attracted national attention and was republished
twice. Thereafter, I began writing primarily on bankruptcy and reorganization law. I have authored
and co-authored 24 law review articles, most of which have been on this subject.
In January of 1976, I left the New Orleans based law firm, in which I was (at that time) a
partner and which was then named Newman, Duggins, Drolla, Gamble & Anderson, and I started my
own law firm, which was primarily oriented to corporate, business, and litigation work with a heavy
emphasis on bankruptcy and reorganization matters. It grew from three lawyers in 1976 to
approximately ten lawyers in 1983 (and then grew to approximately 28 lawyers in 1988). I generally
supervised the filing and confirmation of reorganization plans in approximately 125 reorganization
cases from 1974-83. I kept records on the cases, the names of the companies, their size, their types of
business, and whether a plan was confirmed. I achieved substantial success, confirming plans of
reorganization in approximately 75% of all these reorganization cases. By 1982, my firm filed
approximately 33% of all Chapter 11 cases which were filed that year in Louisiana. During this
approximate time period, in 1978, six years after I had graduated from law school, I was finally
eligible to receive a rating on my legal abilities and ethical standards by the Martindale Hubbell legal
directory; and my first (and only) rating was an “AV” rating from that publication.
Also in 1978, the Section on Corporate and Business Law of the Louisiana State Bar
Association asked me to organize and lead their first seminar on business reorganizations at their
annual meeting. Shortly thereafter, I was elected to serve on the Board of Directors of the Corporate
and Business Section of the Louisiana State Bar Association, where I served for ten years - and served
as Chairman of the Section in 1987-88. This was quite an honor - I was only the second lawyer not
practicing in New Orleans to be elected Chairman.
In 1978, Congress overhauled and created a new comprehensive code of bankruptcy laws,
which became known as the new “Bankruptcy Code.” I worked on a conversion of my forms for
rehabilitation cases under the “old” Bankruptcy Act into forms which could be used under the new
Bankruptcy Code. In 1979, I published these forms in a book. Judge Leroy Smallenberger, the Chief
Bankruptcy Judge in the Western District of Louisiana, and Professor Frank Kennedy who was
Chairman of the Commission which created the “new” bankruptcy code, both wrote laudatory
introductions for this book of forms, and Judge Smallenberger then adopted these forms as the official
forms for Chapter 11 cases to be filed in the Western District of Louisiana under the new Bankruptcy
Code. These forms had an immediate impact on the practice and procedure throughout Louisiana – it
was hard to file a Chapter 11 case in the Western District without getting a copy of my book of forms.
By 1982, I had written so many legal articles on bankruptcy reorganization law that I decided
to write a book. Professor William Hawkland, Chancellor of the LSU Law School, read and edited
the initial chapters and encouraged my work and writing of the book. It was the first major treatise
written on Chapter 11 of the new Bankruptcy Code, and was entitled “J. Anderson, Chapter 11
Reorganizations (Shepards/MacGraw-Hill 1983).”
After publishing this treatise on Chapter 11 Reorganizations, I was invited to become an
associate member of the National Bankruptcy Conference, and served there from 1983 to 1986. This
conference is a voluntary organization of the leading bankruptcy judges, law professors, and
bankruptcy practitioners in the nation who study, analyze, and make suggestions related to the
legislation concerning bankruptcy law. I was the first Louisiana lawyer to receive this honor, and it
allowed me to work with the most elite, influential, renown bankruptcy scholars in the nation.
Professor Frank Kennedy of the University of Michigan – one of the leading national bankruptcy
theorists – was my mentor; he was the Chairman/Director of the National Commission on Bankruptcy
Law created by Congress, whose work lead to the enactment of a new Bankruptcy Code in 1978
(which became effective November, 1979). And, when the initial book entitled “The Best Lawyers in
America (Woodward/White, Inc. 1983)” was first published, the authors asked me to select the
leading bankruptcy lawyers in Louisiana for their initial book. Naturally, I included myself.
Also, during the early and mid-1980s, I began speaking at seminars at various law schools,
including Texas, Mississippi, Kentucky, Missouri, LSU, Loyola, Southern and Texas Tech, as well as
several bar associations. In all, I have spoken at 69 seminars in the last 40 years on primarily debtorcreditor
rights, corporate law, and/or bankruptcy and reorganization law. From the early 1980s, I also
became involved in a number of large reorganization cases throughout the nation. For example, in
1982, I directly participated in the billion dollar Wickes Corporation Chapter 11 case filed in Los
Angeles, California, and in that case, I achieved an unusual and significant multi-million dollar
recovery for my clients in Louisiana. In 1983, I worked on an extremely high profile bankruptcy case
in Knoxville, Tennessee, and unusual cases in Houston and Austin, Texas. In 1984, I became counsel
for a Chapter 11 debtor in the largest reorganization case ever filed at that time in north Louisiana
(Latham Resources, Inc.), and in the same year, I filed what was (at that time) the largest Chapter 11
reorganization case ever filed in south Louisiana (Hill Petroleum, Inc.). And, in 1985, I filed and
confirmed several consolidated Chapter 11 plans in the Transcontinental Oil Co. case, which was the
biggest Chapter 11 case ever filed (at that time) in Ft. Worth, Texas.
At this time, about 1985, the farming industry collapsed throughout the United States.
Because of an article which I had published earlier, explaining that farmers had difficulties
reorganizing under Chapter 11, and that a new section of bankruptcy reorganization should be created
for farmers, I received a call from Congress (from Sam Gerdano, the attorney for the Senate Judiciary
Committee; Mr. Gerdano is now head of the American Bankruptcy Institute), requesting that I be a
consultant to the Senate Judiciary Committee on the creation of Chapter 12 of the Bankruptcy Code, a
chapter designed to rehabilitate family farmers. I and four bankruptcy judges served as the
consultants to Congress on this Act. I prepared and presented several comprehensive analyses on the
theoretical underpinnings of the legislation, and when the Act passed, in honor of my work, my
primary analysis was introduced into, and made a part of, the Congressional Record. It was entitled
“An Analysis of Pending Bills to Provide Family Farm Debtor Relief Under the Bankruptcy Code,"
132 Congressional Record S15076-91 (October 3, 1986) and was republished (and also may be found)
at Collier on Bankruptcy, Vol. E, Appendices of Collier on Bankruptcy, Part 7(c), “Legislative
History, Floor Statements,” pgs 7-126 through 190 (15th ed-rev. Matthew Bender 2012). This analysis
constitutes the largest part of the theory for the Legislative History underlying Chapter 12; and it was
later cited (with approval) as an authoritative work on the difficulties faced when reorganizing
farmers by the United States Supreme Court in In re Ahlers, 485 U.S. 197 (1988). Also, my analysis
in this same work was expressly adopted by the Fifth Circuit in their analysis of one important aspect
of reorganization cases – adequate protection for secured creditors. It was quoted extensively by
Chief Judge Carolyn Randall King in her opinion for the En Banc Panel of the Fifth Circuit in
upholding its most important Chapter 11 reorganization decision during the last century -- Timbers of
Inwood Forest Assoc., Inc., 808 F.2d 363 (5th Cir. 1987). This decision was later upheld by the
United States Supreme Court – at 484, U.S. 365 (1988).
After the Chapter 12 was passed in 1986, I filed and confirmed plans in approximately 40 to
50 of the first Chapter 12 cases in the State of Louisiana. I worked with Judge Steve Callaway, the
Chief Judge for the Western District of Louisiana, to resolve many of the Chapter 12 procedures in
the Western District of Louisiana and create many of the forms to process these Chapter 12 cases to a
successful conclusion. And, I did co-author the first treatise on Chapter 12 in 1987, “Anderson &
Morris, Chapter 12 Farm Reorganizations (Shepards/MacGraw-Hill, 1983).” My co-author was
Professor Jeff Morris, a nationally-recognized bankruptcy expert who teaches at the University of
Dayton Law School (and was appointed as the Reporter for the Interim Rules promulgated to
implement the extensive 2005 BAPCPA amendments to the Bankruptcy Code). And, shortly after
that, I authored a modest booklet entitled “A Farmer’s Guide to Lending Law,” published by the
Louisiana Cooperative Extension Service in 1987. This book explained some basics of lending and
debtor-creditor laws to assist Louisiana farmers. During this same period of time 1985-87, I spoke at
numerous seminars on Chapter 12 in Louisiana and in various states. However, after assisting with
the formulation, enactment and implementation of Chapter 12 of the Bankruptcy Code, I returned to
my main practice involving large Chapter 11 cases.
By the end of the 1980's, I had been involved in many of the large Chapter 11 reorganization
cases filed in Louisiana, and I worked in many large Chapter 11 cases throughout the United States. I
have been in bankruptcy courts from Portland, Maine to Santa Ana, California and have filed plans of
reorganization in cases from Kansas City, Missouri to Knoxville, Tennessee to San Antonio, Texas.
In fact, I have filed and/or confirmed Chapter 11 plans for debtors in inter alia Arkansas, Mississippi,
Tennessee, Missouri, and Texas. Moreover, I have also participated in extensive bankruptcy cases,
commercial litigation and trials in federal, state and bankruptcy courts in cases in inter alia California,
Texas, Missouri, Ohio, Arkansas, Mississippi, Alabama, Florida, Georgia, Kentucky, Tennessee,
Delaware, New York, Massachusetts, and Maine. I have also tried and conducted substantial
commercial litigation cases in Boston, Birmingham, Austin, and Biloxi.
In approximately 1987, I was asked by the Editor, Professor Alan A. Resnick (who is now
Co-Editor- in- Chief of Collier on Bankruptcy) to be a Contributing Author to the bankruptcy treatise,
Bankruptcy Practice and Strategy (Warren, Gorham & Lamont 1987). I wrote the chapters on plans of
reorganization and disclosure statements (the most complex issues in bankruptcy cases). I considered
this writing assignment as quite a honor, that is – for Professor Resnick (who teaches at and became
Dean of Hofstra University Law School in New York) to ask me to author these important Chapters
on reorganization practice, when he had available as potential authors any of the nationally renowned
lawyers in New York City, was quite a significant decision and gestures of his respect for my work
and knowledge in this aspect of Chapter 11 work – and Chapter 11 plans and disclosure statements.
Many of my successful reported Chapter 11 cases have created or clarified reorganization
law. One of the most important and unusual cases that I won during the late 1980s was In re Sandy
Ridge Development, Corp., 881 F.2d 1346 (5th Cir. 1989). In this case, the debtor’s lawyer came to
me after he had lost the case – his plan had been denied confirmation by the Bankruptcy Court in
Baton Rouge - In re Sandy Ridge Dev. Corp., 77 B.R. 69 (Bankr. M.D. La. 1987); and this decision
had been affirmed by the district court; and then it had been upheld per curiam by the Fifth Circuit
(who then remanded the case for sanctions against the debtor’s lawyer), In re Sandy Ridge Dev.
Corp., Ch. 11 Case No. 87-578-B, Adv. No. 88-3072, slip op at 4 (5th Cir. July 5, 1988). The debtor’s
lawyer came to my office the very day on which he received the adverse decision from the Fifth
Circuit and asked me for help. Unbeknownst to him, I had been writing two law review articles on
the original reported decision rendered by the Bankruptcy Court, explaining why the decision was
theoretically flawed. They were ultimately published in T&G’s Bankruptcy Law Review and are cited
in my resume. The debtor’s attorney attached my first article to a motion for rehearing in the Fifth
Circuit, and surprisingly, the original decision was withdrawn and/or vacated, and a new three-judge
panel was appointed to hear the case. I enrolled as co-counsel for the debtor, argued the case, and
convinced the new Fifth Circuit panel to overrule all the prior decisions and adopt the analysis which I
proposed in my law review articles. See In re Sandy Ridge Development Corp., 881 F2d 1346 (5th
Cir. 1989). My direct involvement in this bankruptcy case caused the reversal of the original final
Fifth Circuit decision and had an immediate, clear, and dramatic effect on the law governing Chapter
11 reorganization plans at that time. This decision made a substantial contribution to the
jurisprudence, confirming the propriety of plans which became known as “dirt-for-debt” plans.
The law journal in which I published the two articles was based in New York, a national
bankruptcy journal published by Faulkner & Gray, Inc., a New York publisher. I was invited, together
with some other nationally-recognized bankruptcy practitioners, judges, and law professors, to serve
as a member of the Board of Advisors of this journal, The Bankruptcy Law Review, and remained on
the Board of Advisors from 1989 to 1993, contributing inter alia the two articles just mentioned above
for publication. In 1993, after writing five books and over twenty law review articles, I ceased most
of my writing and publishing activities in order to spend more time with my children.
The culmination of my successful confirmation in the 1980’s of numerous reorganization
plans in Chapter 11 reorganization cases was highlighted when Cardoza Law Review published the
article, “What Courts Do To Secured Creditors in Chapter 11 Cram Down,” 14 Cardoza L. Rev 1495
(1993), which surveyed all the reported Chapter 11 decisions under the Bankruptcy Code where plans
were confirmed by way of cram down and analyzed the decisions. After publishing the article, Jack
Friedman, the author (a protégé of my friend, Professor Ken Klee) disclosed to me privately that he
had identified in his article five primary areas in which bankruptcy courts accomplished confirmations
under their “cram down” powers, and he told me that, in the five “cram down” areas, I had formulated
and confirmed plans that constituted the leading decisions in three of these five areas. As to complete
debt restructures and reamortizations, my confirmed plan in the case of In re Hollinger, 15 B.R. 25
(Bankr. W.D. La. 1981), was the first, leading and clarifying decision on this cram down mechanism
shortly after enactment of the Bankruptcy Code. My plan confirmed in the case of In re W.E. Parks
Lumber Co., Inc. 19 B.R. 285 (Bankr. W.D. La. 1982) was the first and only reported case on the
issuance of income bonds under the Bankruptcy Code. That plan has been permanently published for
over 25 years at Vol. 9 West’s Legal Forms 476, §13.08, “Trustee’s Plan, With Income Bonds” (West
Co. 3rd Ed.1998). My work in persuading the Fifth Circuit to overrule the decision denying
confirmation of the debtor’s plan in In re Sandy Ridge Development Corp., 881 F.2d 1346 (5th Cir.
1989), clarified and set the law in what became known as “dirt for debt” plans – plans in which
secured creditors are forced to accept all or part of their collateral (often times real estate) to satisfy
their claims under a Chapter 11 plan. Thus, I had leading decisions setting the case law in three of the
five areas of the most complicated area of Chapter 11 – the confirmation of Chapter 11 plans via the
Bankruptcy Court’s “cram down” powers.
My old law firm dissolved in 1989; and I merged the remnants into the New Orleans-based
firm of Brook, Morial, Cassibry, Fraiche & Pizza in 1990. I practiced in their Baton Rouge office for
three and one-half years and then departed in 1993 to become a partner in the Metairie-based firm of
Chehardy, Sherman, Ellis, Breslin & Murray, opening an office in Baton Rouge for them, where I
practiced from 1983 to the end of 2001. In January of 2002, I formed a new firm which evolved into
what is now my own firm, Anderson Firm, L.L.C.
I am doing more commercial litigation now – in addition to my bankruptcy reorganization
and corporate restructuring work. I have engaged in a substantial amount of Louisiana commercial
trials, mostly involving many corporate, contract and business issues throughout the United States.
Chapter 11 reorganization cases themselves are often a series of small trials leading up to
confirmation of the plan, and in the mid-1980s, I had at least ten lawyers working solely on my cases,
preparing the normal pleadings for hearings trials in Chapter 11 reorganizations and other commercial
litigation cases which I supervised; and when it came time for the more important hearings and trials,
I would always handle the courtroom work myself.
I stopped most of my writing on bankruptcy law in the early 1990's to spend more time with
my family. Now that my kids are out of college, and since Congress has enacted the BAPCPA in
early 2005, I have begun writing again.
And as to my legal work in bankruptcy court, a few years ago, I confirmed two Chapter 11
plans – both were small business bankruptcy cases in Monroe, Louisiana, and in the last of the two, at
the confirmation hearing, the Judge (who was the Chief Bankruptcy Judge for the Western District of
Louisiana) announced in open court to all the attorneys there that the work which I had performed in
that case was the best he had ever seen in his 25 years on the bench and that the lawyers in the
courtroom should copy all of my pleadings filed in that case and use them for similar Chapter 11
cases in the future. Further, very recently, in October of 2016, I confirmed a multi-million dollar
Chapter 11 plan in New Orleans in one of the most complicated and heatedly contested Chapter 11
cases on which I’ve ever worked.
As to my work in commercial litigation, I recently had one of my biggest legal victories ever
when I got the Louisiana Supreme Court to grant two Writ Applications and overturn two decisions of
a Louisiana Court of Appeals (and the trial court) in one single case; and this decision established that
the owners and/or managers of contractors which are limited liability companies are not considered
“professionals” so that they cannot be held personally liable for any damage arising from negligent
construction of buildings by their company – when the contractor is a Louisiana limited liability
company. The case was Nunez v. Pinnacle Homes, 135 So. 3d 1283 (La. App. 3d Cir. 2014); Writ
Granted and Case Remanded, 151 So. 3d 615 (La. 2014); 158 So. 3d 71 (La. App. 3d Cir. 2014); Writ
Granted, 162 So. 3d 391 (La. 2015); Court of Appeal Overruled and Reversed, 180 So. 3d 285 (La.
2015). In my 43 years, I have never gained such an unusual and extraordinary result for a client. My
latest legal work has been some of my best work ever.
Date of Last Revision: November 10, 2016
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 Lexco, Inc., United States Bankruptcy Court, Western District of Louisiana
(Shreveport Division, 1984). I was counsel for the Chapter 11 debtor in the largest Chapter
11 case that had ever been filed in the Shreveport Division of the Western District of
Louisiana – assets and liabilities were well over $100 MM – and a plan was confirmed.
2. In re Hill Pretroleum, Inc., United States Bankruptcy Court, Western District of Louisiana
(Lafayette Division, 1985). I was counsel for the Chapter 11 debtor in the largest Chapter 11
case that had ever been filed in the Lafayette Division of the Western District of Louisiana –
the debt to the “bank group” was in excess of $250 MM – and a plan was confirmed.
3. In re Trexco, Inc., United States Bankruptcy Court, Northern District of TX (Ft. Worth
Division, 1986). I represented numerous investors who had invested over $110 MM in the
drilling companies which were wholly-owned subsidiaries of the parent Trexco, Inc.; and I
filed 16 Chapter 11 Plans of Reorganization in order for the investors to take back control of
the oil wells in which they had invested their money and continued future operations. On the
2nd day of a contested confirmation hearing involving all 16 Plans, and after fighting the
Debtor, Trexco, Inc., and numerous large creditors of Trexco, I was able to achieve an
overall settlement with the Debtor and other creditors in which my clients prevailed,
confirmed approximately 16 Chapter 11 reorganization plans that I had filed, gained
possession of the oil wells in which they invested, and allowed them to appoint a new
company to operate the wells and continue producing monies for these investors in order to
gain recoupment of the $110 MM which they had invested.
4. In re JLH, LLC, No. 99-11535, United States Bankruptcy Court, Eastern Distract 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, which allowed the debtor to
preserve approximately $20-30 MM in equity and numerous commercial real estate
5. 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.
6. 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.
7. 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
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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
16. 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.
17. 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.
18. 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.
19. 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.”
20. 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
21. In re Gremillion, Chaper 11 Case #15-13063, United States Bankruptcy Court, Eastern
District of LA. I filed and confirmed a Chapter 11 plan in an extremely complicated multimillion
dollar case which was the most heatedly contested Chapter 11 case that I had worked
on in many years. The plan and compromises made in the case allowed by client to save $2
MM and exit from the bankruptcy with no liabilities and assets of approximately $1-2 MM.
Date of Last Revision: November 10, 2016
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. Nunez v. Pinnacle Homes, 180 So. 3d 285 (La. 2015). (Overview: The trial court and court of
appeals held that an owner of a residential home contractor was personally liable for defects in
his company’s construction of a residence and awarded damages of over $200,000; I
convinced the Louisiana Supreme Court to grant Writ Applications twice in the same case –
which is extraordinary, since getting only one Writ Application granted occurs in less than
10% of all cases – and the Louisiana Supreme Court ultimately reversed and held that the
owner of the contracting company, which was a Louisiana limited liability company, was not
considered a “profes
from the negligence of the contracting company in the performance of its
2. 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.)
3. 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
4. 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
5. 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
6. 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).
7. 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 newlyenacted
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).
8. 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).
9. 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).
10. 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)).
11. 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-inpossession
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).
12. 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 reamortization 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: November 10, 2016
© Anderson Law Firm 2012 - 2016