MEMORANDUM OPINION AND ORDER D. MICHAEL LYNN , Bankruptcy Judge . Before the court is the Limited Objection of IRS to Motion and Notice of Intention to Sell Debtor's [sic] Homestead (305 Canyon Creek Trial, Fort Worth, TX) Free and Clear of All Liens, Claims, and Encumbrances (docket no. 1 136, the "Objection to Motion to Sell"). By the Objection to Motion to Sell, the IRS objected to, among other things, the manner in which Debtors proposed to allocate the proceeds received from the...
MEMORANDUM OPINION AND ORDER BARBARA J. HOUSER , Bankruptcy Judge . Robert Milbank, Jr., (the "Trustee" ) filed the original complaint in this adversary proceeding on January 30, 2014 against Philips Lighting Electronics North America and Philips Electronics North America Corporation (collectively, "Philips" ). Dkt. No. 1. Before the Court are the Motion to Dismiss filed by Philips, Dkt. No. 6, and the Motion for Leave to Amend the Complaint filed by the Trustee, Dkt. No. 44. By its...
MEMORANDUM OPINION ROBERT L. JONES, Bankruptcy Judge. I. This summary judgment concerns $1,125,620 of alleged avoidable transfers from the debtor, American Housing Foundation ("AHF"), to the defendant, Greystone Servicing Corporation, Inc. ("Greystone"). The parties do not dispute the amount at issue. The transfers were made in connection with three transactions: $550,214 made in connection with a loan made by Greystone to an entity, Amagard LTD; $514,732 made in connection with a loan...
MEMORANDUM OPINION AND ORDER GRANTING THE SECOND MOTION FOR SUMMARY JUDGMENT OF PLAINTIFF-PARADIGM ON DEFENDANT'S FRAUDULENT TRANSFER COUNTERCLAIM STACEY G.C. JERNIGAN , Bankruptcy Judge . I. INTRODUCTION The above-referenced adversary proceeding (the "Adversary Proceeding") has arisen in the much-followed Chapter 11 bankruptcy case of the Texas Rangers Baseball Partners ("TRBP" or the "Former Debtor" or the "Defendant"), filed May 24, 2010. 1 The Adversary Proceeding involves a Boeing...
FINDINGS OF FACT AND CONCLUSIONS OF LAW HARLIN DeWAYNE HALE, Bankruptcy Judge. Trustee Milo H. Segner, Jr. (the "Trustee"), brought this adversary proceeding before the Court as the Liquidating Trustee of the PR Liquidating Trust, an entity formed in the above-captioned bankruptcy cases (the "Bankruptcy Cases") to collect and liquidate the assets of Provident Royalties, LLC ("Provident") and other jointly-administrated debtors as part of each of the debtors' confirmed Chapter 11 plans. In...
MEMORANDUM OPINION AND ORDER BARBARA J. HOUSER, Bankruptcy Judge. This adversary proceeding arises from the on-going disputes between CERx Pharmacy Partners, LP ("CERx") and RPD Holdings, LLC ("RPD"), among others. For the sake of brevity, the Court will not discuss the facts underlying this specific adversary proceeding (as they are not important to this decision), and will instead focus on the procedural posture of the adversary proceeding. On March 17, 2014, CERx; Diane G. Reed, as...
MEMORANDUM OPINION BARBARA J. HOUSE R, Bankruptcy Judge. I. JURISDICTION, VENUE, AND STATUTORY AND CONSTITUTIONAL AUTHORITY ................................................797 A. Subject Matter Jurisdiction and Venue.....................................798 B. Statutory Authority ......................................................798 C. Constitutional Authority .................................................800 II. LEGAL ANALYSIS ..............................................................
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN CONNECTION WITH CONFIRMATION OF ORIGINAL CHAPTER 11 PLAN OF REORGANIZATION AS MODIFIED D. MICHAEL LYNN, Bankruptcy Judge. On the 21 st day of May, 2014, came on for confirmation before this Court the Original Joint Chapter 11 Plan of Reorganization Proposed by Wallis James Winegar and Jane Larson Winegar d/b/a Winegar Enterprises, the Debtors and Debtors in Possession and Winegard Energy, Inc. [Docket No. 89], dated November 7, 2013 as modified by...
MEMORANDUM OPINION AND ORDER D. MICHAEL LYNN, Bankruptcy Judge. Before the court is Debtor's Motion and Objection to Claim and Brief in Support Thereof (the "Objection," docket no. 1 513), filed by 1701 Commerce, LLC ("Debtor") in response to claim 29-1 (the "Claim") filed by Key Construction, Inc. ("Key"). The Objection was joined by Vestin Originations, Inc. ("Vestin") and Vestin Realty Mortgage I, Inc.; Vestin Realty Mortgage II, Inc.; and Vestin Fund III, LLC (collectively, the "...
MEMORANDUM OPINION AND ORDER BARBARA J. HOUSER, Bankruptcy Judge. Before the Court are two Daubert motions filed by the Defendants, specifically: (1) Scattered Corporation's Motion to Bar Expert Testimony at Trial [Dkt. No. 123] and Brief in Support of Motion to Bar Expert Testimony at Trial [Dkt. No. 124] (the "Scattered Motion" ); and (2) Leon A. Greenblatt, III's Motion to Exclude John Bittner as an Expert Witness and Brief in Support [Dkt. No. 136] (the " Greenblatt Motion " and,...
MEMORANDUM OPINION BARBARA J. HOUSER, Bankruptcy Judge. Before the Court is Wells Fargo Capital Finance, LLC's (" Wells Fargo ") Motion for Judgment on the Pleadings (the " Motion ") [Dkt. No. 13]. By the Motion, Wells Fargo seeks to enjoin Defendants Gordon Noble, Arlene Dea Deeley, Fredric C. Mendes, Nancy Rapp, Phillip Cantor, John Emanuele, and David Nolan (collectively, the " REL Class Plaintiffs ") from (1) pursuing, obtaining, enforcing, or collecting any judgment against Wells...
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER CONFIRMING DEBTORS' FOURTH AMENDED JOINT CHAPTER 11 PLAN D. MICHAEL LYNN, Bankruptcy Judge. Upon consideration of the Debtors' Fourth Amended Joint Chapter 11 Plan, dated January 17, 2014 [Docket No. 1057] (as amended, modified, and/or supplemented from time to time, the " Plan "), 1 filed by the above-captioned debtors and debtors in possession (collectively, the " Debtors "); 2 and the Debtors having filed the Notice of Filing of Plan...
MEMORANDUM OPINION AND ORDER PARTIALLY GRANTING AND PARTIALLY DENYING THE MOTION TO DISMISS FILED BY DEFENDANT, SUZAN COOPER [DE #5] STACEY G. JERNIGAN , United States Bankruptcy Judge . A. Introduction This Memorandum Opinion and Order primarily addresses the following question: Is a claim objection, brought pursuant to section 502(d) of the Bankruptcy Code (i.e., premised upon the notion that the claimant received an avoidable/recoverable transfer of property that has not yet been...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ROBERT L. JONES, Bankruptcy Judge. Commencing on January 14, 2014, and continuing on January 27-28, 2014, February 24-25, 2014, March 24-25, 2014, April 28-29, 2014, and June 3, 2014, the Court conducted a trial in the above-captioned adversary proceeding. Appearing at trial were counsel for Walter O'Cheskey, Trustee of the AHF Liquidating Trust ("Trustee"), counsel for Herring National Bank ("Herring Bank"), and other appearances as noted in the...
MEMORANDUM OPINION AND CERTIFICATION OF DIRECT APPEAL ROBERT L. JONES, Bankruptcy Judge. McLoba Partners, Ltd. d/b/a U.S. Gold Firm ("McLoba"), appellant, filed its request with this Court, the bankruptcy court, to certify a direct appeal to the Fifth Circuit Court of Appeals of this Court's order and memorandum opinion of July 24, 2014 [Docket Nos. 273 and 272]. Robert Lewis Adkins, Sr. ("Adkins"), the debtor, objects to McLoba's request. The appropriate court of appeals — here the Fifth...
MEMORANDUM OPINION D. MICHAEL LYNN, Bankruptcy Judge. Before the court are the Brief in Support of Court's Jurisdiction over Controversy (Case docket no. 748, 1 "Talsma Brief"), by which Klaas Talsma ("Talsma" or "Plaintiff") argues this court has jurisdiction over various claims asserted by Talsma, Frisia Farms, Inc., and Frisia West, LLC (collectively, "Debtors") 2 in [Debtors'] Verified Original Complaint (Adv. docket no. 1, the "Complaint") against Debtors' secured lender Wells...
MEMORANDUM OPINION ROBERT L. JONES, Bankruptcy Judge. Scott Oils, Inc. ("Scott Oils"), by its counsel, Kelly Hart & Hallman LLP ("Kelly Hart"), filed its application requesting that Kelly Hart be awarded an administrative expense under 503(b)(3)(D) and (b)(4) of the Bankruptcy Code (11 U.S.C.) for services provided in connection with the confirmation of the chapter 11 plan of the Debtor, R.L. Adkins Corp. ("RLAC" or "Debtor"). The Official Unsecured Creditors Committee ("Committee") and...
