MEMORANDUM OPINION Related to ECF No. 1 BARBARA J. HOUSER , Bankruptcy Judge . Plaintiff MC Oakhill, LLC (" MCO ") sued debtor James Bandel Kite, III (the " Debtor ") to recover damages allegedly non-dischargeable under 11 U.S.C. 523(a)(2) and (a)(6). The court granted MCO partial summary judgment under 523(a)(6) 1 (the " Partial Summary Judgment Order ") on MCO's claim for damages arising from the Debtor's actions that decreased the value of MCO's collateral but reserved for trial...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER (I) APPROVING THE DEBTORS' DISCLOSURE STATEMENT AND (II) CONFIRMING THE DEBTORS' JOINT PREPACKAGED CHAPTER 11 PLAN OF REORGANIZATION STACEY G. JERNIGAN , Bankruptcy Judge . The above-captioned debtors and debtors in possession (collectively, the " Debtors ") having: a. distributed, through Prime Clerk, LLC (the " Notice and Claims Agent "), on or about November 6, 2018 (i) the Disclosure Statement for the Debtors' Joint Prepackaged...
FINDINGS OF FACT AND CONCLUSIONS OF LAW HARLIN DeWAYNE HALE , Bankruptcy Judge . On March 9, 2018, Lakeland West Capital XXIII, LLC ("Lakeland") filed a complaint initiating the first above-captioned adversary proceeding against Defendant Albert Wade Black (the "Debtor"). On March 20, 2018, William T. Neary, the United States Trustee for Region 6 (the "Trustee"), filed a complaint initiating the second above-captioned adversary proceeding against the Debtor. In Lakeland's First Amended...
Findings of Fact and Conclusions of Law STACEY G. JERNIGAN , Bankruptcy Judge . This cause came before the Court for trial on the United States Trustee's Complaint to Deny Discharge. This Complaint is filed under 11 U.S.C. 727. The Court has heard the testimony, reviewed the pleadings, observed the witnesses, reviewed the evidence, and considered the arguments of counsel. Based on those observations, the Court makes the following findings of fact and conclusions of law pursuant to...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE INTERIM ORDER (I) AUTHORIZING THE USE OF CASH COLLATERAL, (II) GRANTING ADEQUATE PROTECTION, (III) MODIFYING THE AUTOMATIC STAY, (IV) SETTING A FINAL HEARING, AND (V) GRANTING RELATED RELIEF BARBARA J. HOUSER , Bankruptcy Judge . Upon the motion (the " Motion ") 2 of the Debtors for entry of an interim order (the " Interim Order ") and findings of fact and conclusions of law (the " Findings of Fact and Conclusions of Law ") (i)...
MEMORANDUM OPINION ON MOTION TO DISMISS ADVERSARY PROCEEDING Douglas D. Dodd , United States Bankruptcy Judge Chapter 7 trustee Diane G. Reed (the " Trustee ") sued Frederick Walton d/b/a Walton Farms (" Walton ") to recover prepetition transfers under 11 U.S.C. 547 and 548 and to disallow Walton's claim. See 11 U.S.C. 502(d). Walton responded by moving to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6), made applicable by Bankruptcy Rule 7012, AP [ECF No. 6]. 1...
MEMORANDUM OPINION ROBERT L. JONES , Bankruptcy Judge . The day after Waggoner Cattle, LLC, Circle W of Dimmitt, Inc., Bugtussle Cattle, LLC and Cliff Hanger Cattle, LLC (collectively, Debtors) each filed for chapter 11 bankruptcy, Lone Star State Bank of West Texas (Lone Star) initiated this adversary proceeding against Rita F. Moseley, Kevin Dale Moseley, Ricky Ryan Riddle (now, by order granting substitution, Trent Riddle, as Independent Executor of the Estate of Ricky Ryan Riddle,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN CONNECTION WITH CONFIRMATION OF CHAPTER 11 PLAN OF REORGANIZATION RUSSELL F. NELMS , Bankruptcy Judge . On the 13 th day of November, 2018, came on for confirmation before this Court the Chapter 11 Plan of Reorganization Proposed by Michael Duane Dunlap, Debtor and Debtor in Possession, dated October 19, 2018 (the "Plan") 1 . All parties appearing in connection with the confirmation of the Plan were duly noted on the record. After consideration...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN CONNECTION WITH CONFIRMATION OF AMENDED CHAPTER 11 PLAN OF REORGANIZATION In Proceedings Under Chapter 11 RUSSELL F. NELMS , Bankruptcy Judge . On the 15 th day of October, 2018, came on for confirmation before this Court the Amended Chapter 11 Plan of Reorganization Proposed by Diversified Power Systems, Inc., Debtor and Debtor in Possession, dated October 3, 2018 (the "Plan") 1 . All parties appearing in connection with the confirmation of the...
MEMORANDUM OPINION AND ORDER ROBERT L. JONES , Bankruptcy Judge . Margaret Cardwell filed bankruptcy under chapter 12 of the Bankruptcy Code on December 4, 2017. Lone Star State Bank of West Texas, an asserted secured creditor, moved for dismissal of the case. The bank contends that Cardwell does not qualify as a family farmer and is thus ineligible to file under chapter 12, the chapter of the Bankruptcy Code that specifically accommodates the reorganization of farmers who seek relief...
MEMORANDUM OPINION MARK X. MULLIN , Bankruptcy Judge . The Court held a thirteen-day trial to (i) liquidate all claims by and between each of the parties asserted in the Liquidation Complaint, 1 and (ii) determine the Discharge Complaint 2 seeking to (a) deny Nedra Dean's discharge under 11 U.S.C. 707 and 727, or alternatively (b) declare the Lester & SDI Claims as nondischargeable under 11 U.S.C. 523(a)(4) and (6). For the reasons stated below, all parties failed to prove their...
MEMORANDUM OPINION ROBERT L. JONES , Bankruptcy Judge . Plaintiffs, Plains Seafood, Inc. (Plains Seafood) and John R. McVey (McVey), filed this complaint against chapter 7 debtor Shannon Dale Thomason (Thomason) on October 18, 2017, requesting that the Court enter an order excepting from discharge debts owed by Thomason to Plains Seafood and McVey. 1 Thomason, acting pro se, filed a general denial to the complaint on November 22, 2017. 2 Trial on the complaint was held on March 5, 2018,...
MEMORANDUM OPINION Related to ECF Nos. 51 & 53 BARBARA J. HOUSER , Bankruptcy Judge . Plaintiff/Trustee Daniel J. Sherman (" Trustee ") moved for partial summary judgment against defendants TBK Bank, SSB f/k/a Triumph Savings Bank, SSB d/b/a Triumph Commercial Finance (collectively " TBK ") and Schiff Hardin, LLP (" Schiff " and, together with TBK, the " Defendants "). The Trustee challenges pre-bankruptcy transfers 1 to the Defendants as preferences or fraudulent transfers avoidable...
MEMORANDUM OPINION AND ORDER IN CONTESTED MATTERS 1 INVOLVING CONCEALMENT AND DESTRUCTION OF ELECTRONICALLY STORED FINANCIAL RECORDS OF A CHAPTER 7 DEBTOR Stacey G.C. Jernigan , United States Bankruptcy Judge . I. Introduction. Before this Texas bankruptcy court are two, related contested matters (one against an individual Chapter 7 debtor and one against his former, long-time personal assistant), initiated by one of the debtor's alleged creditors, involving: (a) what appears to...
MEMORANDUM OPINION ROBERT L. JONES , Bankruptcy Judge . The Court addresses the motion to dismiss of the defendants, Ocwen Loan Servicing, LLC (Ocwen), U.S. Bank, N.A. (U.S. Bank), and Citigroup Mortgage Loan Trust, Inc. Series 2005-9 (Citigroup) (collectively, Defendants). The plaintiff (and debtor), David Crymes, filed his complaint on January 2, 2018, alleging multiple causes of action and requesting a determination of the validity, priority, or extent of U.S. Bank's lien and a...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING CONFIRMATION OF AMENDED JOINT PLANS OF REORGANIZATION/LIQUIDATION, AS MODIFIED STACEY G.C. JERNIGAN , Bankruptcy Judge . Came on to be considered on the 15th day of August 2018, the confirmation hearing (the " Confirmation Hearing ") with regard to the Amended Joint Plans of Reorganization/Liquidation [Dkt. Nos. 248/260] (the " Plan ") filed by FM 544 Park Vista LTD. (" FM 544 ") and Pavist LLC (" Pavist ") (collectively sometimes, the "...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING MOTION FOR DETERMINATION THAT PLAN MODIFICATIONS DO NOT ADVERSELY AFFECT ANY ACCEPTING CREDITOR THAT HAS NOT ACCEPTED THE MODIFICATIONS IN WRITING STACEY G.C. JERNIGAN , Bankruptcy Judge . On this day came on for consideration the Motion for Determination That Plan Modifications Do Not Adversely Affect Any Accepting Creditor That Has Not Accepted the Modifications in Writing [Dkt. No. 275], filed on August 14, 2018 (the " Plan...
MEMORANDUM OPINION AND ORDER ROBERT L. JONES , Bankruptcy Judge . The chapter 13 trustee, Robert Wilson, filed his motion under Rule 3002.1(e) of the Federal Rules of Bankruptcy Procedure to determine post-petition mortgage fees, expenses, or charges of Nationstar Mortgage, LLC, the servicer of the mortgage on the Garcias' residence. Nationstar had previously filed two notices of fees and expenses incurred since the Garcias' bankruptcy filing and for which it seeks recovery. Such notices...
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER UNDER 11 U.S.C. 1129 CONFIRMING PLAN OF LIQUIDATION BARBARA J. HOUSER , Bankruptcy Judge . WHEREAS, Sigel's Beverages, L.P. (" Sigel's " or the " Debtor "), debtor and debtor-in-possession, in the above-referenced case, filed its Plan of Liquidation (the " Plan ")[Docket No. 406] 1 and the First Amended Disclosure Statemnt in Support of Plan of Liquidation of Sigel's Beverages, L.P. (the " Disclosure Statement ")[Docket No. 407];...
MEMORANDUM OPINION ROBERT L. JONES , Bankruptcy Judge . Background Kenneth Wayne Terrill, the debtor, and his wife own an 88.86-acre tract of land that includes their main house, a barn with an apartment, pastures, and undeveloped acreage. 1 Terrill designated two acres of the tract as his homestead in the Tom Green County property records for tax relief under the Texas Tax Code. 2 The main house and the barn are within the two acres. In his bankruptcy case, Terrill selected the Texas...
