NOT FOR PUBLICATION FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 BILL PARKER , Chief Bankruptcy Judge . Upon trial of the complaint filed by the Plaintiff, MoneyGram Payment Systems, Inc., seeking a determination of whether a debt owed to it by the Debtor-Defendant, Ms. Khairun J. Bhai, is dischargeable, the Court issues the following findings of fact and conclusions of law. The Plaintiff contends that the debt is nondischargeable under the alternative grounds set forth in 11 U.S.C. 523(a)...
MEMORANDUM OF DECISION BILL PARKER , Chief Bankruptcy Judge . This matter came before the Court upon hearing of the Request for Allowance and Payment of Administrative Claim (the "Motion") filed by J Riley Enterprises, LLC d/b/a JB Industries ("JBI") and the objections filed to such Motion by Texas Pellets, Inc. and German Pellets Texas, LLC, Debtors and Debtors-in-Possession (the "Debtors"), and by NAPCO 2 in this jointly-administered Chapter 11 case. The Motion seeks the payment of an...
MEMORANDUM OF DECISION 1 BILL PARKER , Bankruptcy Judge . This matter is before the Court upon hearing of the "Objection to the Proof of Claim of Edwin N. Healey (Claim #2) Filed by the Debtor" (the "Objection") filed by Edwin Peter Healey, the Debtor, on March 21, 2017. The Objection challenges the allowance of a proof of claim filed by Edwin N. Healey, a creditor and party-in-interest in the above-referenced bankruptcy case. Upon conclusion of the hearing, the Court took the matter...
FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 BILL PARKER , Chief Bankruptcy Judge . On this date the Court considered the Motion for Default Judgment filed by the Plaintiff, Brian Wellman, individually, as assignee of Patricia Wellmon, and derivatively on behalf of Furniture Your Way International, LLC, (the "Plaintiff"), through which he seeks to deny the entry of a Chapter 7 discharge in favor of Debtors, Elmigeri O. Vigil and Miriam E. Vigil pursuant to various subsections of 11 U.S.C....
MEMORANDUM OF DECISION GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT BILL PARKER , Bankruptcy Judge . ON THIS DATE the Court considered the Motion for Summary Judgment filed by the Plaintiffs, Warren Claybar, Rian Glasscock, and Halley Moor (the "Plaintiffs"), in the above-referenced adversary proceeding. The Plaintiffs' adversary complaint seeks a determination that the debt owed to it by the Defendant-Debtor, Michael Richard Huffman (the "Defendant"), is excepted from the scope of...
MEMORANDUM OF DECISION BILL PARKER , Chief Bankruptcy Judge . ON THIS DATE the Court considered the Motion for Summary Judgment filed by the Plaintiff, the State Bar of Texas ("Plaintiff"), in the above-referenced adversary proceeding and the responses in opposition to the Motion filed by the Defendants, Dell Edward James II and Miki Lu James ("Defendants" or "Debtors"), respectively, in the above-entitled adversary proceeding. The complaint in this action alleges that a judgment debt...
MEMORANDUM OF DECISION BILL PARKER , Chief Bankruptcy Judge . ON THIS DATE the Court considered the Motion for Summary Judgment filed by the Plaintiff, the State Bar of Texas Client Security Fund ("Plaintiff"), in the above-referenced adversary proceeding and the response in opposition to the Motion filed by the Defendants, Dell Edward James II and Miki Lu James, in the above-entitled adversary proceeding ("Defendants" or "Debtors"). The complaint in this action alleges that a judgment...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REMAND HONORABLE BRENDA T. RHOADES , UNITED STATES BANKRUPTCY JUDGE . The Fifth Circuit remanded this adversary proceeding for additional consideration of two issues: (1) whether a foreclosure deficiency exists for which HNM Partners, LLC is liable, and (2) what percentage of the defendants' attorney's fees is attributable to their breach of contract claim. See Matter of Pirani, 824 F.3d 483 (5th Cir. 2016). The Court conducted a hearing on...
MEMORANDUM OPINION AND ORDER REGARDING TRUSTEE'S OBJECTION TO EXEMPTIONS BRENDA T. RHOADES , Bankruptcy Judge . This case came before the Court on the objection of the standing chapter 13 trustee, Carey Ebert, to the above-captioned debtors' claim of exemptions. The Court conducted a hearing on the objection on March 15, 2017 and, following the hearing, took the matter under advisement. This decision constitutes the Court's findings and conclusions on the contested matter. See FED. R....
MEMORANDUM OPINION BRENDA T. RHOADES , Bankruptcy Judge . Bill Gurley and Stanley Wright seek to vacate an April 12, 2011 order authorizing the sale of certain real property to North Ponderosa, LLC pursuant to Bankruptcy Rule of Procedure 9024 and Federal Rule of Civil Procedure 60(d)(3). David McKinnon, North Ponderosa, and Barbara Marshall, LP (collectively, the " McKinnon Parties "), oppose the motion to vacate. This matter is before the Court on competing motions for summary judgment....
FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 BILL PARKER , Bankruptcy Judge . Upon trial of the complaint filed by the Plaintiff, U.S. Merchants Financial Group, Inc. ("Plaintiff" or "Merchants"), seeking a determination of whether an alleged debt owed to it by the Debtor-Defendant, Louis E. Martin, Jr. ("Defendant" or "Martin"), is dischargeable, the Court issues the following findings of fact and conclusions of law. The Plaintiff contends in its complaint that the debt is nondischargeable...
MEMORANDUM OF DECISION REGARDING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 1 BILL PARKER , Bankruptcy Judge . ON THIS DATE the Court considered the Plaintiff's Motion for Summary Judgment (the "Motion") filed by the Plaintiff, Lillian Kostak Kokas (the "Plaintiff"), in the above-referenced adversary proceeding, together with the response in opposition to the Motion filed by the Debtor-Defendant, William A. Osborne (the "Defendant"), and the Plaintiff's reply thereto. Though the original...
MEMORANDUM OF DECISION REGARDING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 1 BILL PARKER , Bankruptcy Judge . ON THIS DATE the Court Considered the Motion for Summary Judgment in Adversary Proceeding (the "Motion") filed by the Plaintiff, Jack M. Thomas, M.D. (the "Plaintiff" or "Thomas"), the response filed thereto by the Defendant, Michael O. Pickens (the "Defendant" or "Pickens"), and the Plaintiff's subsequent reply, all filed in the above-referenced adversary proceeding. The...
MEMORANDUM OF DECISION REGARDING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 1 BILL PARKER , Bankruptcy Judge . ON THIS DATE the Court considered the Motion for Summary Judgment (the "Motion") filed by the Plaintiff, MoneyGram Payment Systems, Inc. ("MoneyGram"), and the response filed thereto by the Defendant, Khairun J. Bhai ("Bhai" or the "Defendant"). The original complaint filed in this adversary proceeding claims that the debt allegedly owed to the Plaintiff by the Debtor-Defendant...
MEMORANDUM OF DECISION BILL PARKER , Bankruptcy Judge . ON THIS DATE the Court considered the Motion for Summary Judgment in Adversary Proceeding (the "Motion") filed by the Plaintiff, Andrea Wilson (the "Plaintiff"), in the above-referenced adversary proceeding. The original complaint filed in this adversary proceeding claims that the debt allegedly owed to the Plaintiff by the Debtor-Defendant, Lance Phillips, should be declared nondischargeable pursuant to 11 U.S.C. 523(a)(6), which...
