UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF LOUISIANA

ALEXANDRIA DIVISION

IN RE: * CASE NO. 08-81329

NR GROUP, LLC * SECTION A

DEBTOR * CHAPTER 7

CITY OF ALEXANDRIA * ADVERSARY PROCEEDING

Plaintiff
* CASE NO. 09-08045
VERSUS
*
CAPITAL ONE, N.A. and
TED BRETT BRUNSON, *
CHAPTER 7 TRUSTEE
Defendants

CROSSCLAIM OF DEFENDANT, CAPITAL ONE, N.A.

Capital One, N.A. (“Capital One”), through undersigned counsel, respectfully asserts a

crossclaim against Defendant, Ted Brett Brunson in his capacity as Chapter 7 Trustee in this

bankruptcy case as follows:

1.

Made Crossclaim Defendant herein is Ted Brett Brunson in his capacity as Chapter 7

Trustee in this bankruptcy case.

2.

This Court has jurisdiction of this Crossclaim under 28 U.S.C. § 1334, and the

Crossclaim relates to the captioned Chapter 7 case pending in this Court.

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 3.

This Crossclaim constitutes a core proceeding pursuant to 28 U.S.C. § 157.

4.

In December 2003, NR Group, L.L.C. (“Debtor”) acquired by deed, assignment and

assumption all rights, title and interest of Shaner Hotel Group Limited Partnership, a Delaware

limited partnership, as lessee, under that certain lease, as amended (the “Lease”) with the City of

Alexandria (“City”), as lessor, together with, among other things, the ownership interest in and to

all buildings and improvements located on the leased premises, for operation of the Alexandria

Fulton Hotel.

5.

Capital One obtained and still holds a priming security interest on the Debtor’s furniture,

fixtures, equipment, and accounts receivable, and a priming mortgage on, among other things,

the Debtor’s leasehold interest under the Lease, associated with the Alexandria Fulton Hotel as

well as a priming mortgage on the hotel sleeping tower itself and the parking lot.

6.

Debtor filed a voluntary Chapter 11 petition in November 2008.

7.

During the pendency of the Chapter 11 case, Capital One obtained and still holds first

ranking post petition security interests, liens, and mortgages in and on the hotel sleeping tower

itself, the parking lot, and the accounts receivable, furniture, fixtures, and equipment associated

with the Alexandria Fulton Hotel and the proceeds thereof, and Debtor’s leasehold interest under

the Lease pursuant to the orders of this Court.

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 8.

Moreover, Capital One obtained and still holds a 507(b) superpriority claim pursuant to

the orders of this Court.

DECLARATORY RELIEF

9.

The statements set forth in Paragraphs 1 through 8 hereinabove are reiterated and

incorporated herein by reference.

10.

Capital One seeks and is entitled to a declaratory judgment that the Lease by and between

the Debtor and the City has not terminated.

11.

Capital One also seeks and is entitled to a declaratory judgment that it has a priming

security interest, lien, and mortgage on, among other things, the Debtor’s leasehold interest

under the Lease.

12.

Capital One also seeks and is entitled to a declaratory judgment that it has a priming

security interest and lien on the furniture, fixtures, equipment, and accounts receivable associated

with the Alexandria Fulton Hotel and the proceeds thereof.

13.

Capital One also seeks and is entitled to a declaratory judgment that it has a priming

security interest, lien, and mortgage on, among other things, the hotel sleeping tower itself and

the parking lot.

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 14.

Capital One also seeks and is further entitled to a declaratory judgment that Capital One

has first ranking post petition security interests, liens, and mortgages in and on the hotel sleeping

tower itself, the parking lot, and the accounts receivable, furniture, fixtures, and equipment

associated with the Alexandria Fulton Hotel and the proceeds thereof, and Debtor’s leasehold

interest under the Lease pursuant to the orders of this Court.

15.

Capital One additionally seeks and is entitled to a declaratory judgment that it has a

507(b) superpriority claim pursuant to the orders of this Court.

WHEREFORE, Defendant, Capital One, prays that there be judgment rendered in its

favor and against Ted Brett Brunson in his capacity as Chapter 7 Trustee in this Chapter 7 case

by issuance of the declaratory judgment requested herein and for such other justifiable relief to

which Capital One may be entitled.

Respectfully Submitted:

LEMLE & KELLEHER, L.L.P.

By: /s/ Patrick Johnson, Jr.

PATRICK JOHNSON, JR. (#7322)
WESLEY M. PLAISANCE (#31289)
601 Poydras Street, Suite 2100
New Orleans, LA 70130
Telephone: (504) 584-9417
Telecopy: (504) 584-9142

Attorneys for Capital One, N.A.

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 CERTIFICATE OF SERVICE

I certify on this 22nd day of December, 2009, I electronically filed the Crossclaim of
Defendant Capital One, N.A. with the Clerk of Court using the CM/ECF system which will serve
all parties on the Court’s electronic CM/ECF system. I further certify that a copy of the
Crossclaim of Defendant Capital One, N.A. was served upon the following parties by depositing
same in the United States Mail, first class, postage prepaid, on this 22nd day of December, 2009:

Debtor
NR Group, LLC
701 Fourth Street
Alexandria, LA 71301

Attorney for the Debtor:

Wade N. Kelly
1777 Ryan Street
P. O. Box 2065
Lake Charles, LA 70601

Trustee:
Ted Brett Brunson
P. O. Box 12
Natchitoches, LA 71457-0012

Attorney for Trustee:

John W. Luster
P. O. Box 488
Natchitoches, LA 71458-0488

U.S. Trustee:
Office of U. S. Trustee
Gail Bowen McCulloch
300 Fannin St., Suite 3196
Shreveport, LA 71101

Attorney for City of Alexandria:

Stephen D. Wheelis
Wheelis & Rozanski
P. O. Box 13199
Alexandria, LA 71315-3199
/s/ Patrick Johnson, Jr.
Patrick Johnson, Jr.

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