MEMORANDUM OPINION BARBARA J. HOUSER, Bankruptcy Judge. Before the Court is the Debtors' Objection to Proof of Claim Number 1372, 1376, and 1464 filed by Sabrina Levy "and all similarly situated class members of Levy v. Verizon Information Services, Inc., et al, 06-CV-1583 (collectively, the "Levy Claimants"), which civil action number referred to an action pending in the Eastern District of New York (the "EDNY Litigation") prior to the Debtors' bankruptcy filings here. The Levy Claimants...
SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW HARLIN DeWAYNE HALE, Bankruptcy Judge. On January 30, 2009, Rhodes Properties, Ltd. ("RPL") filed a Chapter 7 Involuntary Petition against Milton M. Smith (the "Debtor" or "Smith"), pursuant to 11 U.S.C. 303. Smith contested the relief sought by RPL, and moved for dismissal. RPL and Smith then agreed on a discovery and briefing period and the Court held a trial on the Involuntary Petition on July 13th and 23rd with post trial briefs...
MEMORANDUM OPINION ROBERT L. JONES, Bankruptcy Judge. Trial of this adversary proceeding was held on May 28, 2010, after which the Court granted the parties' request to file post-trial briefs; upon receipt of the briefs, the Court took the matter under advisement. By this suit, the plaintiff, Lamesa National Bank ("LNB"), seeks recovery from the defendant, Liberty Mutual Surety ("Liberty Mutual"), which is the surety under the blanket bond issued to cover bankruptcy trustees serving the...
MEMORANDUM OPINION D. MICHAEL LYNN, Bankruptcy Judge. The above-styled adversary proceeding was tried to the court on July 7, 12, 13, and 14, 2010. At trial the court heard testimony from Plaintiffs Anthony Bale and Sally Bale (collectively, "Plaintiffs"), Brian O. Gaffin, President of Brian O. Gaffin, Architects, Inc. and Gaffin Construction Group, Inc., offered by Plaintiffs as an expert witness, Dave Surrey, an officer at Affiliated Bank (the "Bank"), and Defendant Angela Ryan ("Debtor")....
MEMORANDUM OPINION ON CONFIRMATION OF AMENDED PLAN OF REORGANIZATION HARLIN DeWAYNE HALE, Bankruptcy Judge. The issue before the Court addressed by this opinion is the appropriate rate of post-confirmation interest in a Chapter 11 plan for repayment of an over-secured debt backed by real-property collateral. On July 19, 2010, this Court considered the Amended Chapter 11 Plan of Reorganization (the "Amended Plan") filed by SJT Ventures, LLC (the "Debtor"), and the objections to the original...
SUPPLEMENTAL OPINION BARBARA J. HOUSER, Bankruptcy Judge. The Court tried the adversary complaints (collectively, the "Complaints") filed by: (i) Baker Hughes Oilfield Operations, Inc. ("Baker Hughes"), Schlumberger Technology Corporation, Simons Petroleum, Inc., Texas CES, Inc., T.K. Stanley, Inc., Pumpco Energy Services, Inc., I.E. Miller Services, Inc., Bridgeport Tank Trucks, LLC, and Select Energy Services, LLC d/b/a Tejas Oilfield Services (collectively, the "Baker Hughes Plaintiffs"...
MEMORANDUM OPINION AND ORDER BARBARA J. HOUSER, Bankruptcy Judge. Before the Court are the adversary complaints (collectively, the "Complaints") filed by: (i) Baker Hughes Oilfield Operations, Inc. ("Baker Hughes"), Schlumberger Technology Corporation, Simons Petroleum, Inc., Texas CES, Inc., T.K. Stanley, Inc., Pumpco Energy Services, Inc., I.E. Miller Services, Inc., Bridgeport Tank Trucks, LLC, and Select Energy Services, LLC d/b/a Tejas Oilfield Services (collectively, the "Baker Hughes...
MEMORANDUM OPINION AND ORDER BARBARA J. HOUSER, Bankruptcy Judge. Before the Court are: (i) defendant Union Bank of California, N.A. n/k/a Union Bank, N.A.'s ("Union Bank's") Motion for Summary Judgment and Brief in Support (the "Union Bank Motion"); (ii) plaintiffs Baker Hughes Oilfield Operations, Inc. ("Baker Hughes"), Schlumberger Technology Corporation, Simons Petroleum, Inc., Texas CES, Inc. ("Texas CES"), T.K. Stanley, Inc. ("Stanley"), Pumpco Energy Services, Inc., I.E. Miller...
MEMORANDUM OPINION AND ORDER ROBERT L. JONES, Bankruptcy Judge. In this case, the chapter 13 debtors, Jerry and Shirley Powers, along with the standing chapter 13 trustee, Walter O'Cheskey, request that the Court determine whether property acquired by the debtors after confirmation of their chapter 13 plan, but before their discharge, is property of the estate or not. The property at issue is a cause of action (and the resulting lawsuit and recovery from a settlement of the lawsuit). The...
MEMORANDUM OPINION AND ORDER BARBARA J. HOUSER, Bankruptcy Judge. Before the Court is a motion for partial summary judgment (the "Motion") filed by Harvey L. Morton, Chapter 11 Trustee (the "Trustee") of the estate of Vallecito Gas, LLC ("Vallecito" or "the Debtor"). In the Motion, the Trustee seeks summary judgment on only Count 1 of his complaint, and solely against one defendant, Joel Pugh ("Pugh"). The Court has core jurisdiction over this adversary proceeding and the Motion in...
Memorandum Opinion DENNIS MICHAEL LYNN, Bankruptcy Judge. By order dated June 2, 2010 (the "June 2 Order"), the court posed five questions pertinent to the confirmability of the Prepackaged Plan of Reorganization of Texas Rangers Baseball Partners under Chapter 11 of the Bankruptcy Code filed by Debtor (the "Plan") 1 and invited interested parties to address those issues by briefs and at a hearing held on June 15, 2010 (the "Hearing"). 2 The following parties filed briefs prior to the...
