FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 BILL PARKER , Chief Bankruptcy Judge . Upon trial of the amended complaint filed by the Plaintiff, Alyson Simmons ("Plaintiff"), seeking to deny the entry of a Chapter 7 discharge in favor of the Debtor-Defendant, Darryle D. Bohanna, Jr. ("Defendant" or "Debtor"), pursuant to 11 U.S.C 727(a)(4)(A) or, alternatively, seeking a determination of whether an alleged debt owed to her by the Debtor-Defendant should be excepted from discharge pursuant...
MEMORANDUM OF DECISION REGARDING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT BILL PARKER , Chief Bankruptcy Judge . On this date the Court considered the Motion for Summary Judgment filed by the Plaintiffs, Frank Howard, John D. Reynolds, and John Bahl (the "Plaintiffs"), in the above-referenced adversary proceeding and the response filed in opposition to such motion by the Defendant, John K. Eckerd, Jr., (the "Defendant"). The Plaintiffs seek to have a pre-petition judgment debt owed to them...
MEMORANDUM OF DECISION REGARDING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT BILL PARKER , Bankruptcy Judge . On this date the Court considered the Motion for Summary Judgment filed by the Plaintiffs, Harry and Dawanna Vrana (the "Vranas" or the "Plaintiffs"), in the above-referenced adversary proceeding. The Debtor-Defendant, Daniel Thornhill, Jr. d/b/a Thornhill Construction (the "Debtor" or "Defendant"), has failed to file a response opposing the Motion filed by the Plaintiffs. The...
MEMORANDUM OPINION HONORABLE BRENDA T. RHOADES , UNITED STATES Bankruptcy Judge . On May 22, 2019, this Court conducted a trial on the "Original Complaint for Interpleader" filed by Judd, Thomas, Smith & Company (" JTS ") against Deward Dale Woffard (the " Debtor ") and Christopher J. Moser as Chapter 7 Trustee (the " Trustee "). The Court exercises its core jurisdiction over this matter pursuant to 28 U.S.C. 1334 and 157(b)(2). This Memorandum Opinion embodies the Court's findings of...
MEMORANDUM OPINION (Amended) BRENDA T. RHOADES , Bankruptcy Judge . The Court conducted a trial of the disputes between the parties over nine days during May and June 2018. Although the disputes arise from two different bankruptcy cases, several different contested matters, and multiple adversary proceedings, and each of the parties raise distinct claims, the Court tried the disputes together due to significant shared facts. The Court issues this consolidated opinion for the same reason....
MEMORANDUM OPINION AND ORDERS REGARDING MOTIONS TO RECONSIDER BRENDA T. RHOADES , Bankruptcy Judge . These matters are before the Court on two motions seeking corrections or amendments to this Court's Memorandum Opinion [Dkt. No. 212 in Adv. Proc. No. 17-4104; Dkt. No. 161 in Adv. Proc. No. 17-4131] and the corresponding Orders [Dkt. No. 213 in Adv. Proc. No. 17-4104; Dkt. No. 162 in Adv. Proc. No. 17-4131] entered on January 23, 2019. Lori Aaron, Phillip Aaron, and Aaron Ranch (...
ORDER CONFIRMING JOINT CHAPTER 11 PLAN OF TEXAS PELLETS, INC., AND GERMAN PELLETS TEXAS, LLC, GRANTING FINAL APPROVAL OF DEBTORS' FIRST AMENDED DISCLOSURE STATEMENT, AND ENTRY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW PERTAINING THERETO BILL PARKER , Chief Bankruptcy Judge . INTRODUCTION WHEREAS, the above-captioned debtors Texas Pellets, Inc. and German Pellets Texas, LLC (respectively, " TPI " and " GPTX ," and collectively, the " Debtors ") proposed the First Amended Joint Chapter...
AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 [superseding dkt #15] BILL PARKER , Bankruptcy Judge . Upon trial of the portion of the complaint filed by the Plaintiff, Benchmark Bank, seeking a determination that the indebtedness owed to it by the Debtor-Defendant, William Gary Stapleton, should be declared nondischargeable pursuant to 11 U.S.C 523(a)(2)(B), the Court issues the following findings of fact and conclusions of law. This memorandum disposes of all issues pending...
FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 BILL PARKER , Chief Bankruptcy Judge . Upon trial of the portion of the complaint filed by the Plaintiff, Benchmark Bank, seeking a determination that the indebtedness owed to it by the Debtor-Defendant, William Gary Stapleton, should be declared nondischargeable pursuant to 11 U.S.C 523(a)(2)(B), the Court issues the following findings of fact and conclusions of law. This memorandum disposes of all issues pending before the Court. FINDINGS OF...
FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 BILL PARKER , Chief Bankruptcy Judge . This matter came before the Court for trial of the complaint filed by the Plaintiffs, Brandi Bruce and Todd Short (the "Plaintiffs"), through which they seek a determination that a debt owed to each of them by one of the Defendant-Debtors, Georgia P. Long ("Mrs. Long" or the "Defendant"), should be declared nondischargeable under 523(a)(6) of the Bankruptcy Code. The trial pertained solely to the actions...
FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 BILL PARKER , Chief Bankruptcy Judge . Upon its hearing of the Amended Application of McNally & Patrick, LLP as Counsel for Trustee for Allowance of Attorney Fees and Expenses trial of the complaint in the above-referenced adversary proceeding, the Court issues the following findings of fact and conclusions of law pursuant to Fed. R. Civ. P. 52, as incorporated into contested matters in bankruptcy cases by Fed. R. Bankr. P. 7052 and 9014....
REPORT AND RECOMMENDATION BRENDA T. RHOADES , Bankruptcy Judge . For the reasons stated below, this Court recommends to the United States District Court for the Eastern District of Texas that the Motions of Various Defendants to Withdraw the Reference filed at Docket No. 6 in Adversary Proceeding No. 18-04074 and Docket No. 7 in Adversary Proceeding No. 18-04076 be DENIED and this Court retain authority to enter final judgments in the two adversary proceedings subject to a final...
MEMORANDUM OF DECISION REGARDING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT BILL PARKER , Bankruptcy Judge . This matter came before the Court upon a Motion for Summary Judgment filed by the Plaintiffs, Cierra and Jaden Swait, Minors, acting by and through their father, James D. Swait, Jr., in his capacity as next friend and conservator for the two minor Plaintiffs (the "Plaintiffs"), and the response in opposition filed by the Debtor-Defendant, Karen Elizabeth Newman (the "Defendant"). The...
MEMORANDUM OPINION BRENDA T. RHOADES , Bankruptcy Judge . The Court conducted a trial of the disputes between the parties over nine days during May and June 2018. Although the disputes arise from two different bankruptcy cases, several different contested matters, and multiple adversary proceedings, and each of the parties raise distinct claims, the Court tried the disputes together due to significant shared facts. The Court issues this consolidated opinion for the same reason. The Court...
MEMORANDUM OF DECISION 1 BILL PARKER , Bankruptcy Judge . ON THIS DATE the Court considered the Supplemental Motion for Partial Summary Judgment (the "Motion") filed by the Plaintiff, Boyington Capital Group, LLC ("Plaintiff") in the above referenced adversary proceeding. The Plaintiff filed its "Complaint to Determine the Dischargeability of Debtor Randall Lee Haler" on September 21, 2010, 2 seeking to have the debt owed to it by the Debtor-Defendant, Randall Haler ("Haler," "Defendant,...
MEMORANDUM OF DECISION REGARDING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 1 BILL PARKER , Chief Bankruptcy Judge . This matter came before the Court upon a Motion for Summary Judgment filed by the Plaintiff, Michael R. Healey, as the substituted Plaintiff in this proceeding through his official capacity as the Executor of the Estate of Edwin N. "Bud" Healey, deceased. 2 No response in opposition was timely filed to the Motion by the Debtor-Defendant, Edwin Peter Healey. The Plaintiff's...
MEMORANDUM OPINION AND ORDER ON TRUSTEE'S MOTION TO DISMISS BRENDA T. RHOADES , Bankruptcy Judge . On April 18, 2018, the Court heard the Motion to Dismiss Case [Dkt. 25] filed by Carey D. Ebert, the Standing Chapter 13 Trustee. The trustee sought to dismiss this case on the grounds that the debtors' unsecured debts exceed the eligibility limits of 11 U.S.C. 109(e) and, therefore, the Debtors do not qualify for relief under chapter 13. The debtors' counsel appeared at the hearing on...
MEMORANDUM OPINION REGARDING MOTION TO AWARD APPELLATE ATTORNEY'S FEES AND ADDITIONAL EXPENSES BRENDA T. RHOADES , Bankruptcy Judge . This proceeding is before the Court on the defendants' motion for an award of the fees and expenses they incurred on appeal. The plaintiff opposes the request. The Court, having reviewed the defendants' motion, the plaintiff's opposition, 1 and the relevant legal authorities, makes the following findings of fact and conclusions of law. See FED. R. BANKR....
MEMORANDUM OF DECISION BILL PARKER , Chief Bankruptcy Judge . ON THIS DATE the Court considered the Plaintiffs' Motion for Summary Judgment (the "Motion") filed by the Plaintiffs, Brandi Bruce and Todd Short (the "Plaintiffs"), in the above-referenced adversary proceeding. The original complaint filed in this adversary proceeding claims that the respective debts owed to the Plaintiffs by the Debtor-Defendants, Harold A. Long and Georgia P. Long (the "Defendants"), should be declared...
MEMORANDUM OPINION AND ORDER OVERRULING IN PART AND SUSTAINING IN PART TRUSTEE'S OBJECTION TO DEBTORS' EXEMPTIONS BRENDA T. RHOADES, SR. , Bankruptcy Judge . This matter is before the Court following a hearing on January 30, 2018 on the Objection to Exemptions (the " Objection ") filed by the Chapter 7 Trustee, Mark A. Weisbart (the " Trustee "). The Trustee objects to the categorization of certain artwork as exempt "home furnishings" under Texas Property Code 42.001(a) by Tracy Westen...
