Opinion
Civil Action Nos. 02-243-B-M2, 94-2763-B-M2; Bankruptcy Case No. 94-11474
June 19, 2002
RULING
This case is once again before this Court on an appeal taken by the Louisiana Public Service Commission (LPSC) from a decision rendered by the bankruptcy judge on December 4, 2001. The bankruptcy judge denied the amended motion of the LPSC for recovery of amounts due at closing and request for stay to prevent depletion of estate assets.
The facts of this case have been set forth many times in prior opinions rendered by the Fifth Circuit Court of Appeals, the bankruptcy court and this Court. They need not be restated again in this opinion.
After carefully reviewing the record in this appeal and for essentially the reasons set forth in the December 4, 2001 opinion of the bankruptcy judge, which is attached hereto as Appendix 1, the decision of the bankruptcy judge is hereby affirmed.
This Court was very involved in negotiating the settlement agreements to which the parties consented. The findings of fact set forth by the bankruptcy judge adequately and correctly set forth the intent of the parties and the meaning of the settlement agreements and the Confirmation Settlement. No further hearings, oral argument or other proceedings are necessary in this case.
This Chapter 11 proceeding has been pending since December 21, 1994. It is now time to put an end to this case and to the continued and needless waste of judicial resources, attorneys' fees and other costs which are incurred with each hearing and appeal. As the bankruptcy judge so concisely and correctly stated in his conclusion "no additional funds are due the LPSC pursuant to the Confirmation Settlement." This Court agrees with the bankruptcy judge.
The December 4, 2001 opinion of the bankruptcy judge is affirmed in its entirety.
Judgment shall be entered accordingly.