PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANTS FANNIE MAE and SETERUS, INC.'s MOTION FOR SUMMARY JUDGMENT COMES NOW, KAREN E. MOYER ("Plaintiff") and asks this court to deny Defendants' motion for summary judgment. A. Introduction 1. Plaintiff is KAREN E. MOYER; defendants are FANNIE MAE, SETERUS, INC. and McCARTHY, HOLTHUS & ACKERMAN, LLP. 2. Plaintiff sued Defendants for: Breach of Contract; Violations of Deceptive Trade Practices Act; Breach of Duty of Cooperation; and Breach...
MEMORANDUM OPINION AND ORDER: (1) DENYING PARADIGM'S MOTION FOR SUMMARY JUDGMENT AND GRANTING TRBP'S MOTION FOR SUMMARY JUDGMENT AS TO COUNT 1 OF THE AMENDED COMPLAINT; (2) GRANTING PARADIGM'S MOTION FOR SUMMARY JUDGMENT AND DENYING TRBP'S MOTION FOR SUMMARY JUDGMENT AS TO COUNT 2 OF THE AMENDED COMPLAINT; AND (3) DENYING PARADIGM'S AND HSG'S MOTION TO DISMISS TRBP'S THIRD PARTY COMPLAINT AGAINST HSG AND COUNTERCLAIM AGAINST PARADIGM STACEY G. JERNIGAN, Bankruptcy Judge. I. INTRODUCTION The...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER CONFIRMING DEBTORS' SECOND AMENDED JOINT CHAPTER 11 PLAN OF LIQUIDATION DATED AUGUST 29, 2013. [Related Docket No. 296] RUSSELL F. NELMS, Bankruptcy Judge. The Second Amended Joint Chapter 11 Plan of Liquidation [Docket No. 296] (as may be further amended, modified, and/or supplemented, the " Plan ") 1 having been filed with this Court on August 29, 2013; and this Court having entered, after due notice and a hearing, an order [Docket No. 295]...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ROBERT L. JONES, Bankruptcy Judge. Introduction and Definitions of Major Parties The Court issues its findings of fact and conclusions of law in this adversary proceeding. Trial was held April 8-10, 2013 and June 11-12, 2013. Upon conclusion of the trial, the matter was taken under advisement. The Court's findings and conclusions are based upon the record before the Court and are issued pursuant to Rule 52 of the Federal Rules of Civil Procedure, made...
SECOND AGREED INTERIM ORDER PROVIDING FOR ADEQUATE PROTECTION AND ALLOWING USE OF CASH COLLATERAL HARLIN D. HALE, Bankruptcy Judge. On this day there came on for interim consideration JONESBORO HOSPITALITY, LLC's Motion for Use of Cash Collateral (the "Motion") pursuant to Sections 105, 361, 363 and 364 of Title 11 of the United States Bankruptcy Code (the "Bankruptcy Code") and Federal Rule of Bankruptcy Procedure 4001, with respect to the use of cash collateral of Ciena Capital LLC as...
MEMORANDUM OPINION ROBERT L. JONES, Bankruptcy Judge. I. The Court addresses the following fee applications: (1) Second and Final Fee Application of Gardere Wynne Sewell LLP for Allowance of Fees and Reimbursement of Expenses [Docket No. 1987]; (2) Fourth and Final Motion for Approval of Fees and Expenses to Mullin Hoard & Brown, L.L.P., as Counsel for the Unsecured Creditors Committee [Docket No. 1772]; (3) Third and Final Fee Application for Allowance of Compensation and...
MEMORANDUM OPINION RUSSELL F. NELMS, Bankruptcy Judge. The debtors sold their homestead after filing for bankruptcy under chapter 13. More than six months passed after the sale and the debtors did not reinvest the proceeds in another homestead. The debtors have moved to modify their plan to permit them to keep the proceeds. The trustee objects to the plan modification. He argues that the proceeds are no longer exempt, and so the modified plan must provide for their distribution to unsecured...
AGREED INTERIM ORDER PROVIDING FOR ADEQUATE PROTECTION AND ALLOWING USE OF CASH COLLATERAL HARLIN DeWAYNE HALE, Bankruptcy Judge. On this day there came on for interim consideration JONESBORO HOSPITALITY, LLC's Emergency Motion for Use of Cash Collateral (the "Motion") pursuant to Sections 105, 361, 363 and 364 of Title 11 of the United States Bankruptcy Code (the "Bankruptcy Code") and Federal Rule of Bankruptcy Procedure 4001, with respect to the use of cash collateral of Ciena Capital LLC...
MEMORANDUM OPINION AND ORDER SUPPLEMENTING AND CLARIFYING THE JULY 2, 2013 ORDER GRANTING MOTION OF DEBTOR FOR SANCTIONS AGAINST ALLY FINANCIAL, INC. FOR VIOLATION OF THE AUTOMATIC STAY (CLARIFYING INJUNCTIVE PROVISIONS OF SUCH ORDER) STACEY G. JERNIGAN, Bankruptcy Judge. I. Introduction Before this court was a contested matter concerning a motion for sanctions [DE #20] filed by an individual Chapter 7 debtor, Tequilla Marie Lomax Law (the "Debtor"), pursuant to Section 362(k) of the...
MEMORANDUM OPINION AND ORDER IN SUPPORT OF JUDGMENT AWARDING TRUSTEE $23,680.87 PURSUANT TO SECTIONS 547 AND 550 OF THE BANKRUPTCY CODE STACEY G. JERNIGAN, Bankruptcy Judge. The above-referenced adversary proceeding (the "Adversary Proceeding") brought by Dan Lain as Trustee of the Liquidating Creditor Trust (the "Liquidating Trustee" or the "Plaintiff") involves an allegedly preferential transfer in the amount of $215,312.00 (the "Transfer") made by Erickson Construction, LLC, one of the...
MEMORANDUM OPINION D. MICHAEL LYNN, Bankruptcy Judge. Before the court is the Second Amended Complaint to Determine Dischargeability of Debt Under 11 U.S.C. [sic] 523(a)(15) (the "Complaint") filed by Plaintiff Willemina Jacoba De Boer. The court held a hearing on the Complaint on March 28, 2013 (the "Hearing"). In light of the parties' joint stipulation to the facts restated below, 1 De Boer and Talsma submitted supplemental briefs arguing solely the issues of law raised in the...
AMENDED 1 MEMORANDUM OPINION IN SUPPORT OF JUDGMENT: (1) DENYING PLAINTIFFS' CLAIMS FOR (A) SUBORDINATION UNDER SECTION 510 AND (B) RECHARACTERIZATION; BUT (2) TREATING CERTAIN PLAINTIFFS/SELLER NOTEHOLDERS AS PARI PASSU WITH THE DEFENDANTS/NEW NOTEHOLDERS STACEY G. JERNIGAN, Bankruptcy Judge. "Equity is a roguish thing. For law we have a measure, know what to trust to; Equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is Equity." -...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING CONFIRMATION OF FOURTH JOINT PLAN OF REORGANIZATION DATED DECEMBER 26, 2012, AS MODIFIED BARBARA J. HOUSER, Bankruptcy Judge. Came on to be considered on the 1st day of April, 2013, the confirmation hearing with regard to the Fourth Joint Plan of Reorganization Dated December 26, 2012, as Amended [Docket No. 270 LSF and FI, and 223 Metex] 1 , filed by the Debtors: a) Foxhall International, LLC ( "FI" ); b) Lone Star Foxhall, LLC ( "LSF" );...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING MOTIONS TO APPROVE PLAN MODIFICATIONS BARBARA J. HOUSER, Bankruptcy Judge. On this day came on for consideration the Motion to Approve Plan Modifications [Docket No. 433 LSF and FI, and 292 Metex] 1 , filed on March 25, 2013 and the Motion to Approve Plan Modifications [Dkt. No. 457, 301] filed on March 29, 2013 (the " Plan Modification Motions ") filed by the Debtors above listed in the noted cases. By the Plan Modification Motions, the...
MEMORANDUM OPINION ROBERT L. JONES, Bankruptcy Judge. On October 17, and October 29, 2012, hearing was held on the chapter 11 plans, as amended, of related debtors Texas Star Refreshments, LLC and Rodney Wayne and Donna Lynn Wilson [Docket No. 113, Case No. 11-50367; Docket No. 88, Case No. 11-50396]. Creditor Custom Food Group, LP objects to confirmation of both plans. For purposes of this Memorandum Opinion, Texas Star Refreshments, LLC will be referred to as " TSR, " and Rodney Wayne and...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER UNDER 11 U.S.C. 1129 CONFIRMING DEBTORS' SECOND AMENDED JOINT PLAN OF REORGANIZATION HARLIN DeWAYNE HALE, Bankruptcy Judge. WHEREAS, on September 14, 2012, PRM Realty Group, LLC ("PRM Realty") and Peter R. Morris ("Morris") (collectively, the "Debtors"), debtors and debtors-in-possession, filed their Joint Plan of Reorganization [PRM Realty Docket No. 352, Morris Docket No. 457] 1 and their Joint Disclosure Statement [PRM Realty Docket No....
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN CONNECTION WITH CONFIRMATION OF FIRST AMENDED CHAPTER 11 PLAN OF REORGANIZATION, AS MODIFIED D. MICHAEL LYNN, Bankruptcy Judge. On the 13th day of February, 2013, came on for confirmation before this Court the First Amended Chapter 11 Plan of Reorganization Proposed by Pawnshop Management Company, LLC and Pawnshop Operating Company, LLC, Debtors in Possession, in the above referenced Chapter 11 bankruptcy proceeding (jointly referred to hereinafter...
MEMORANDUM OPINION D. MICHAEL LYNN, Bankruptcy Judge. Before the court is the Trustee's Objection to Claim No. 82 (Charlie Lawrence )(the "Objection," docket no. 961 1 ) 2 filed in the Case on September 24, 2012 by John Dee Spicer, chapter 7 trustee (the "Trustee") for Texas Wyoming Drilling, Inc. ("Debtor") pursuant to Bankruptcy Code 3 section 704(a)(5) 4 and Federal Rule of Bankruptcy Procedure 3007. By the Objection, the Trustee objects to Claim No. 82 (the "Claim") filed by...
