FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER CONFIRMING DEBTORS' FIRST AMENDED JOINT CHAPTER 11 PLAN OF LIQUIDATION DATED AS OF AUGUST 8, 2017 Complex Case Jointly Administered Complex Case Jointly Administered Under Lead Case RUSSELL F. NELMS , Bankruptcy Judge . Came on for consideration confirmation of the Debtors' First Amended Joint Chapter 11 Plan of Liquidation Dated as of August 8, 2017 [Docket No. 106] (as may be further amended, modified, or supplemented from time to time,...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER CONFIRMING AMENDED CHAPTER 11 PLAN OF REORGANIZATION (AS MODIFIED) OF THRU, INC., DEBTOR AND DEBTOR IN POSSESSION STACEY G. JERNIGAN , Bankruptcy Judge . The Court having commenced a hearing on June 27, 2017 (the "Confirmation Hearing" ), to consider confirmation of the plan of reorganization proposed by Thru, Inc. (the "Debtor" ), the debtor and debtor in possession in the above-captioned chapter 11 case; IT FURTHER APPEARING TO THE...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER CONFIRMING THE PLAN OF LIQUIDATION FOR FOREST PARK MEDICAL CENTER AT FORT WORTH, LLC RUSSELL F. NELMS , Bankruptcy Judge . On May 1, 2017, the Court held a hearing to consider confirmation of the First Amended Plan of Liquidation for Forest Park Medical Center of Fort Worth, LLC (as amended, revised or modified, the "Plan" ) [Docket no. 611] filed by the Debtor, Forest Park Medical Center at Fort Worth, LLC, as supplemented by the First...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING CONFIRMATION OF THE SECOND AMENDED JOINT PLAN OF REORGANIZATION OF ERICKSON INCORPORATED, ET AL., PURSUANT TO CHAPTER 11 OF THE BANKRUPTCY CODE HARLIN D. HALE , Bankruptcy Judge . On March 21, 2017, the Court conducted a hearing (the " Confirmation Hearing ") to consider confirmation of the Second Amended Joint Plan of Reorganization of Erickson Incorporated, et al., Pursuant to Chapter 11 of the Bankruptcy Code , dated February...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF JUDGMENT ESTABLISHING A NONDISHARGEABLE DEBT PURSUANT TO SECTION 523(a)(2)(A) Stacey G. Jernigan , United States Bankruptcy Judge CAME ON FOR TRIAL on August 23, 2017 and October 11, 2017 (the "Trial"), the above-referenced Adversary Proceeding (herein so called) filed by LaDainian and LaTorsha Tomlinson (collectively, the "Plaintiffs-Creditors" or the "Tomlinsons"), in which the Plaintiffs-Creditors objected to the dischargeability...
MEMORANDUM OPINION AND ORDER BARBARA J. HOUSER , Bankruptcy Judge . On November 3, 2008, Haynes and Boone, LLP (" Haynes and Boone ") filed a Motion for Attorneys' Fees and Expenses and Brief in Support (the " H&B Motion "). 1 On November 4, 2008, Griffith & Nixon, P.C. (" G&N ") filed a Motion for Attorneys' Fees and Expenses and Brief in Support (Docket No. 137) (the " G&N Motion " and, together with the H&B Motion, the " Motions "). 2 Timothy Michael Frazin (" Frazin " or the " Debtor...
FINDINGS OF FACT AND CONCLUSIONS OF LAW Harlin DeWayne Hale , United States Bankruptcy Judge . This Court has seen a number of actions in which debtors are trying to discharge their student loans. Not all of them have been meritorious. Many, however, have drawn a great deal of sympathy from this Court. Some appeared to satisfy the plain language of the statute, which merely requires that the debt, if excepted from discharge, would impose an "undue hardship" on the debtor and the debtor's...
MEMORANDUM OPINION AND ORDER ROBERT L. JONES , Bankruptcy Judge . On October 13, 2017, hearing was jointly held on the motion of the above referenced debtors and debtors in possession (the "Debtors") for the use of cash collateral and the motion of Ryder Truck Rental, Inc. ("Ryder") to compel payment of post-petition administrative rent (and for adequate protection). Secured creditors Mobilization Funding, LLC and City Bank objected to the Debtors' proposed use of cash collateral, as did...
FINDINGS OF FACT AND CONCLUSIONS OF LAW BARBARA J. HOUSER , Bankruptcy Judge . On this day, Jeffrey H. Mims, the Chapter 7 Trustee (the " Trustee ") for Ayr Logistics Limited Inc. (the " Debtor ") and Ayr Property Development AD (" APD ", and together with the Trustee, the " Parties ") announced to the Court through their attorneys of record that they are in agreement on all issues of fact and the application of law to those facts, and thereafter announced to the Court their agreement...
FINDINGS OF FACT AND CONCLUSIONS OF LAW HARLIN DeWAYNE HALE , Bankruptcy Judge . On February 26, 2016, Peggy Blackburn (" Ms. Blackburn " or the " Plaintiff ") filed the present adversary proceeding seeking a declaration that certain of the Plaintiff's claims against Joseph Charles Cole II (" Mr. Cole ") and Valerie Lynn Cole (" Mrs. Cole " and together with Mr. Cole, the " Defendants ") are nondischargeable pursuant to 11 U.S.C. 523(a)(2)(A) because the debts arose from the Defendants'...
MEMORANDUM OPINION REGARDING SUBSTANTIVE CONSOLIDATION Stacey G.C. Jernigan , United States Bankruptcy Judge . On September 26-27, 2017, this court held a hearing to consider confirmation of the above-referenced Chapter 11 Debtors' Third Amended Joint Plan of Reorganization, as modified by certain Plan Supplements and modifications in the record (the "Plan"). After hearing numerous witnesses and considering hundreds of documents submitted into evidence, the court decided to confirm the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW HARLIN DEWAYNE HALE , Bankruptcy Judge . On April 11, 2017, Scott Seidel, as Chapter 7 trustee in the bankruptcy case of Aeon Operating, Inc. (the " Trustee ") filed his Original Complaint of the Trustee Against Mercury Operating, LLC and PetroRock Mineral Holdings, LLC [Docket No. 1] (the " Complaint "). Through the Complaint, the Trustee seeks the avoidance and recovery of certain prepetition transfers from Mercury Operating, LLC (" Mercury ")...
MEMORANDUM OPINION MARK X. MULLIN , Bankruptcy Judge . On August 3, 2017, the Court held a trial on Plaintiff's Original Complaint filed by John Harrison Scott (" Plaintiff ") against Nationstar Mortgage, LLC (" Defendant "). Because Plaintiff's claims are barred by res judicata, and Plaintiff did not prove his claims by a preponderance of the evidence, the Court will enter a separate judgment for Defendant. I. JURISDICTION; VENUE; STATUTORY AND CONSTITUTIONAL AUTHORITY The Court...
MEMORANDUM OPINION ROBERT L. JONES , Bankruptcy Judge . The Laras were last in this Court for a hearing on violations of the automatic stay and the discharge injunction by Vivint, Inc. 1 Vivint was an unsecured creditor in the Laras' chapter 7 case; the debt arose from a contract for a home security system at the Laras' prior residence. The Laras, in their bankruptcy schedules, rejected the lease agreement with Vivint. The Laras sent notice of their bankruptcy—and the imposition of the...
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER ON DEBTORS' OBJECTION TO ZURICH'S PROOFS OF CLAIM STACEY G.C. JERNIGAN , Bankruptcy Judge . CAME ON FOR CONSIDERATION the Objection filed by Debtors Trendsetter HR, LLC, TSL Staff Leasing, Inc. and Trend Personnel Services, Inc. (collectively, "Trend") (Dkt. 107) to the Proofs of Claim filed by Creditors Zurich American Insurance Company and American Zurich Insurance Company ("Zurich"). After deliberating on the weight of the evidence...
MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT FILED BY DEFENDANTS [DE # 24] Stacey G. Jernigan , United States Bankruptcy Judge . CAME ON FOR CONSIDERATION the Motion for Summary Judgment (the "Motion for Summary Judgment") [DE # 24], filed by Defendants Wells Fargo Bank, N.A. (the "Loan Servicer"), as Servicing Agent for U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation Mortgage Loan Trustee 2006-RF3 (the "Lender") (collectively,...
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER ON DEBTORS' OBJECTION TO ZURICH'S PROOFS OF CLAIM STACEY G. C. JERNIGAN , Bankruptcy Judge . CAME ON FOR CONSIDERATION the Objection filed by Debtors Trendsetter HR, LLC, TSL Staff Leasing, Inc. and Trend Personnel Services, Inc. (collectively, "Trend") (Dkt. 107) to the Proofs of Claim filed by Creditors Zurich American Insurance Company and American Zurich Insurance Company ("Zurich"). After deliberating on the weight of the evidence...
MEMORANDUM OPINION AND ORDER ROBERT L. JONES , Bankruptcy Judge . Harvey Morton, the trustee, and David and Sharon Blackwood, judgment creditors of the debtor (and others), have asked the Court to approve a settlement that they have reached. A group of creditors oppose the settlement, however. The disputes here—first, as between the trustee and the Blackwoods that is resolved by the proposed settlement; and, now, as between them and the parties that have objected to the settlement—concern...
Related to ECF Nos. 79 & 95 MEMORANDUM OPINION AND ORDER REGARDING (1) ORDER TO SHOW CAUSE, AND (2) APPLICATION OF PLAINTIFF'S SPECIAL COUNSEL FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES Barbara J. Houser , United States Bankruptcy Judge . Before the Court are the (1) Order to Show Cause as to Why the Order Approving Employment of Special Counsel Nunc Pro Tunc Should Not be Set Aside as an Impermissible Fee Sharing Agreement [BC ECF No. 79] 1 (the "Order to Show Cause" )...
MEMORANDUM OPINION AND ORDER: (A) SETTING CONTINUED HEARING ON JULY 24, 2017 AT 2:30 P.M. TO DETERMINE A PROCESS FOR DISTRIBUTING REMAINDER OF CLASS ACTION SETTLEMENT FUND; AND (B) IDENTIFYING DISTRIBUTION OPTIONS THAT SHOULD BE ADDRESSED BY PLAINTIFFS' CLASS COUNSEL 1 PRIOR TO THE CONTINUED HEARING STACEY G. JERNIGAN , Bankruptcy Judge . I. INTRODUCTION: THE CLASS ACTION SETTLEMENT FUND THAT WAS NEVER DISBURSED. The above-referenced companies (collectively, "Reddy Ice" or the "...
