In the Matter of: BELL FAMILY TRUST Debtor MARY SUSAN BELL; SUE BELL HOLDINGS, L.L.C. v. W. Simmons Sandoz

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
September 19, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-30768
In the Matter of: BELL FAMILY TRUST
Debtor
MARY SUSAN BELL; SUE BELL HOLDINGS, L.L.C.
Appellants
v.
W. SIMMONS SANDOZ
Appellee
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:05-CV-2008
Before REAVLEY, BARKSDALE, and PRADO, Circuit Judges.
PER CURIAM:*
This case originates out of a bankruptcy filing by the Bell Family Trust
(the “Trust” or “Debtor”). Plaintiff-appellee W. Simmons Sandoz, the trustee of
the Debtor’s estate, brought this proceeding against defendants-appellants Mary
Sue Bell (“Ms. Bell”) and Bell Holdings, L.L.C. seeking to avoid certain

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No. 06-30768
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transactions between the Debtor and defendants and to recover property from
defendants. After a bench trial, the bankruptcy court entered judgment in favor
of the plaintiff. Defendants appealed, and the district court affirmed the
judgment. Ms. Bell has multiple arguments as to why the bankruptcy court
committed error. The judgment must be modified for the reasons given below.
In all other respects, the judgment of the district court is affirmed for essentially
the reasons given by the bankruptcy court, as affirmed by the district court.
1. The $162,214.96 awarded in item number 1 of the bankruptcy court
judgment was calculated including the $60,000.00 cash retainer
referenced in item number 3 of the judgment and therefore the
award, to that extent, is duplicative. Appellee agrees that the award
is duplicative. The judgment should be modified so that the award
of $60,000 is stricken and the $162,214.96 is upheld.
AFFIRMED, as MODIFIED.

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