MEMORANDUM ON DEBTORS' MOTION TO REOPEN CHAPTER 7 UNDER 350 AND F.R.B.P. 5010 TO HOLD CREDITORS IN CONTEMPT AND AN ORDER SANCTIONING THE CREDITORS FOR VIOLATION OF THE DISCHARGE INJUNCTION 11 U.S.C. 524(A)(2) 1 GARY SPRAKER , Bankruptcy Judge . Before the court is debtor Holiday Gubler's Motion to Reopen Chapter 7 under 350 and F.R.B.P 5010 to Hold Creditors in Contempt and an Order Sanctioning the Creditors for Violation of the Discharge Injunction 11 U.S.C. 524(a)(2) (" Motion...
ORDER ON MOTION FOR RELIEF FROM THE AUTOMATIC STAY AND IN REM RELIEF 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On September 21, 2016, the court heard the Motion for Relief from the Automatic Stay and In Rem Relief ("RAS Motion") brought on behalf of PennyMac Holdings, LLC ("PennyMac"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On February 18, 2016, a voluntary Chapter 11 petition was filed by Blue...
ORDER REMANDING REMOVED ACTION AND DENYING VENETIAN CASINO RESORT, LLC'S MOTION FOR PRELIMINARY INJUNCTION WITHOUT PREJUDICE 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On July 13, 2016, the court heard Venetian Casino Resort, LLC's Motion for Preliminary Injunction ("Preliminary Injunction Motion"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On March 30, 2016, Jonathan A. Molnar ("Molnar") along...
MEMORANDUM DECISION ON MOTION FOR RECONSIDERATION 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On September 7, 2016, the court heard the Motion for Reconsideration ("Motion") brought by Clark County Treasurer ("County Treasurer"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On December 18, 2015, a voluntary Chapter 11 petition was filed by TAWK Development, LLC ("Debtor"). 2 (ECF No. 1). On the same...
ORDER ON MOTIONS FOR ORDERS ESTABLISHING VALUE OF COLLATERAL AND AUTHORIZING THE REDEMPTION OF PERSONAL PROPERTY UNDER 11 U.S.C. 722 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On October 11, 2016, the court conducted an evidentiary hearing on two motions brought by the above-captioned debtors to redeem two separate automobiles. The appearances of counsel were noted on the record. After arguments were presented, both matters were taken under submission. BACKGROUND On September 8, 2015, a...
ORDER ON TRUSTEE'S OBJECTION TO EXEMPTION AND SECOND OBJECTION TO EXEMPTION 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On January 27, 2016, the court heard the Trustee's Objection to Exemption (ECF Nos. 67-69) and Second Objection to Exemption (ECF No. 71) (collectively, the "Objections"), both of which were filed by the Chapter 7 trustee, Brian D. Shapiro ("Trustee"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission....
ORDER ON AMENDED MOTION FOR SANCTIONS FOR PRIME ACCEPTANCE CORP.'S VIOLATIONS OF THE AUTOMATIC STAY FOR INACCURATE CREDIT REPORTING AND COLLECTION ACTIONS 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On June 8, 2016, the court initially heard the amended Motion for Sanctions for Prime Acceptance Corp's Violations of the Automatic Stay for Inaccurate Credit Reporting and Collection Actions ("Amended Motion") filed by La Shonda M. Haley ("Debtor"). At the hearing, David Krieger, Esq., appeared...
MEMORANDUM DECISION ON DEFENDANTS' NATIONAL COLLEGIATE STUDENT LOAN TRUST 2004-2, NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005-2, NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005-3 AND NATIONAL COLLEGIATE STUDENT LOAN TRUST 2006-3'S MOTION FOR SUMMARY JUDGMENT; AND ON PLAINTIFF'S COUNTER-MOTION FOR SUMMARY JUDGMENT 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On August 18, 2016, the court heard the Defendants' National Collegiate Student Loan Trust 2004-2, National Collegiate Student Loan Trust 2005-...
MEMORANDUM DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On September 17, 2015, the court heard the Motion for Summary Judgment ("MSJ") brought by defendant Southwest Specialty Contractors, LLC. (AECF No. 7). 2 The appearances of counsel were noted on the record. After oral arguments were presented, the matter was taken under submission. BACKGROUND On May 14, 2013, Big Town Mechanical, LLC ("Debtor") filed a voluntary Chapter 7 petition ("...
ORDER ON MOTION TO COMPEL COMPLIANCE WITH COURT ORDER, FOR ADDITIONAL SANCTIONS, AND TO REDUCE TO JUDGMENT 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On June 22, 2016, the court heard the Motion to Compel Compliance with Court Order, for Additional Sanctions, and to Reduce to Judgment ("Motion"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On October 17, 2014, Curtis Bryant and Robin Bryant ("Debtors"...
MEMORANDUM DECISION AFTER TRIAL 1 MIKE K. NAKAGAWA , Bankruptcy Judge . A trial was conducted in the above-referenced adversary proceeding on April 20, 2015, and May 4, 2015. The appearances of counsel were noted on the record. Closing arguments were presented at the end of the trial, and the matter was taken under submission. This Memorandum Decision constitutes the court's findings of fact and conclusions of law pursuant to FRBP 7052 and FRCP 52. FACTUAL AND PROCEDURAL BACKGROUND On...
MEMORANDUM ON DEBTOR'S MOTION TO DETERMINE TAX LIABILITY PURSUANT TO 11 U.S.C. 505, AND HARRIS COUNTY'S REQUEST FOR ABSTENTION 1 GARY SPRAKER , Bankruptcy Judge . On February 10, 2016, the court heard debtor CM Reed Almeda 1-3062, LLC's Motion to Determine Tax Liability Pursuant to 11 U.S.C. 505 (ECF No. 144) ("the 505 Motion"). In the 505 Motion, the debtor asks this court to determine its tax liability to "the Houston I.S.D, Harris County entities, and City of Houston Districts,"...
ORDER ON DEBTORS' MOTION TO CLARIFY AND ENFORCE LOAN MODIFICATION AGREEMENT 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On March 16, 2016, the court heard the Debtors' Motion to Clarify and Enforce Loan Modification Agreement ("Clarification Motion"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On August 20, 2013, a voluntary Chapter 13 petition was filed by Mark Madmon and Sheri Madmon ("Debtors"). (...
SUPPLEMENTAL MEMORANDUM DECISION AFTER TRIAL 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On July 22, 2015, the court heard the Motion for Entry of Findings, Conclusions and Judgment on the Record, or, in the Alternative, to Reopen Discovery and Set New Trial Date, brought by the plaintiff. The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On January 4, 2013, Mark J. Escoto ("Debtor") filed a voluntary Chapter...
ORDER ON EMERGENCY MOTION TO EXTEND TIME IN WHICH TO FILE AN AMENDED PLAN OF REORGANIZATION AND DISCLOSURE STATEMENT 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On October 5, 2016, the court heard the Emergency Motion to Extend Time in Which to File an Amended Plan of Reorganization and Disclosure Statement ("Emergency Motion"). The appearances of counsel were noted on the record. After arguments were presented, the matter was taken under submission. BACKGROUND On September 9, 2011, a...
ORDER ON EX PARTE MOTION TO REOPEN BANKRUPTCY CASE FOR THE PURPOSE OF RETROACTIVELY ANNULLING THE AUTOMATIC STAY 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On March 31, 2016, the court heard the Ex Parte Motion to Reopen Bankruptcy Case for the Purpose of Retroactively Annulling the Automatic Stay ("Annulment Motion") (ECF No. 37) brought on behalf of K&P Homes, a series LLC of DEK Holdings, LLC ("K&P"). 2 The appearances of counsel were noted on the record. After oral arguments were...
MEMORANDUM DECISION ON MOTION FOR SUBSTANTIVE CONSOLIDATION WITH RELATED CHAPTER 11 CASE OF R&S ST. ROSE, LLC 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On October 27, October 28, November 17, November 18 and November 21, 2014, an evidentiary hearing was conducted on the Motion for Substantive Consolidation with Related Chapter 11 Case of R&S St. Rose, LLC, brought by creditors in the above-captioned Chapter 11 proceeding. The appearances of counsel were noted on the record. On January 26,...
ORDER ON MOTION OF UNITED STATES TRUSTEE, PURSUANT TO 11 U.S.C. 1112(b) AND FEDERAL RULES OF BANKRUPTCY PROCEDURE 1017(f) AND 9014, TO CONVERT OR DISMISS CHAPTER 11 CASE 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On May 18, 2016, the court heard the Motion of United States Trustee, Pursuant to 11 U.S.C. 1112(b) and Federal Rules of Bankruptcy Procedure 1017(f) and 9014, to Convert or Dismiss Chapter 11 Case. ("Conversion Motion"). The appearances of counsel were noted on the record....
SUPPLEMENTAL ORDER ON DEBTOR'S RENEWED MOTION TO HOLD CREDITOR NATIONSTAR MORTGAGE IN CONTEMPT AND FOR SANCTIONS FOR VIOLATION OF THE DISCHARGE INJUNCTION 11 U.S.C. 524(a)(2) 1 MIKE K. NAKAGAWA , Bankruptcy Judge . On August 19, 2016, the court entered its Order on Debtor's Renewed Motion to Hold Creditor Nationstar Mortgage in Contempt and For Sanctions for Violation of the Discharge Injunction 11 U.S.C. 524(a)(2) ("Sanctions Order"). (ECF No. 174). That order directed counsel for...
MEMORANDUM DECISION ON MOTION FOR SANCTIONS FOR VIOLATION OF THE DISCHARGE ORDER 1 Honorable Mike K. Nakagawa , United States Bankruptcy Judge . On June 21, 2016, an evidentiary hearing was conducted on the Motion for Sanctions for Violation of the Discharge Order ("Sanctions Motion") brought by Jesus Martinez and Marco Ciro Flores ("Debtors"). The appearances of counsel were noted on the record. After the evidence was presented, post-trial briefing was ordered, and the hearing was...
