FINDINGS OF FACT AND CONCLUSIONS OF LAW EDWARD L. MORRIS , Bankruptcy Judge . Before the Court is the Motion for Sanctions 1 (the " Sanctions Motion ") and Motion to Compel Turnover 2 (the " Turnover Motion ") filed by Johnny Wynn Terry (the " Debtor "), the chapter 13 debtor in this case. Pursuant to the Sanctions Motion, the Debtor seeks an award of sanctions against Toucan Properties, Inc. (" Toucan "), the Debtor's former landlord, for Toucan's alleged violation of the automatic...
AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER (I) APPROVING THE DEBTOR'S SOLICITATION PROCEDURES AND DISCLOSURE STATEMENT; AND (II) CONFIRMING THE DEBTOR'S FIRST AMENDED PREPACKAGED PLAN OF REORGANIZATION PURSUANT TO CHAPTER 11 OF THE BANKRUPTCY CODE (AMENDED TO ATTACH PLAN AS EXHIBIT A) STACEY G. JERNIGAN , Bankruptcy Judge . WHEREAS, Tarrant County Senior Living Center, Inc., as debtor and debtor-in-possession in the above-captioned case (the " Debtor "), having proposed and...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER (I) APPROVING THE DEBTOR'S SOLICITATION PROCEDURES AND DISCLOSURE STATEMENT; AND (II) CONFIRMING THE DEBTOR'S FIRST AMENDED PREPACKAGED PLAN OF REORGANIZATION PURSUANT TO CHAPTER 11 OF THE BANKRUPTCY CODE STACEY G. JERNIGAN , Bankruptcy Judge . WHEREAS, Tarrant County Senior Living Center, Inc., as debtor and debtor-in-possession in the above-captioned case (the " Debtor "), having proposed and filed with the United States Bankruptcy Court...
MEMORANDUM OPINION AND ORDER REGARDING PLAINTIFF'S MOTION TO ABSTAIN AND REMAND Stacey G. C. Jernigan , U. S. Bankruptcy Judge . I. Introduction. There are at least three reasons why this litigation between two non-debtors belongs in state court. First, Defendant-Guarantor's Notice of Removal was untimely. Second, mandatory abstention applies and, thus, the court must abstain in deference to the state court. Third, weighing the factors established in this Circuit, the court believes...
MEMORANDUM OPINION Robert L. Jones , United States Bankruptcy Judge . Vista Bank moves under 11 U.S.C. 707(b) for dismissal or conversion (to chapter 13) of this chapter 7 case. Roy Rucker, the debtor, opposes the motion. The Court conducted an evidentiary hearing on September 16, 2019, at which the debtor, Roy Rucker, and Vista Bank's loan officer, James Conwright, testified. The primary issue concerns whether certain debts classified as business debts are actually consumer debts and...
FINDINGS OF FACT AND CONCLUSIONS OF LAW * Edward L. Morris , United States Bankruptcy Judge . On July 19, 2019, the above-captioned adversary proceeding came on for trial before the Court. Plaintiffs James Henry Wilson and Sharonda Nicole Wilson (the " Wilsons "), chapter 13 debtors in Case No. 18-40107 (the " Bankruptcy Case "), allege that Defendant Arbors of Central Park ICG, LLC (" Arbors ") (a) committed an abuse of process by obtaining the Court's entry of an order on Arbors'...
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER CONFIRMING THE SECOND MODIFIED FIRST AMENDED CHAPTER 11 PLAN OF REORGANIZATION OF THINK FINANCE, LLC AND ITS SUBSIDIARY DEBTORS AND DEBTORS IN POSSESSION HARLIN DeWAYNE HALE , Bankruptcy Judge . I. RECITALS A. On October 23, 2017 (the " Petition Date "), the debtors and debtors-in-possession (collectively, the " Debtors ") in the above-captioned cases, commenced their chapter 11 cases (the " Chapter 11 Cases ") in good faith by filing...
MEMORANDUM OF OPINION AND ORDER DISMISSING UNAUTHORIZED BANKRUPTCY FILING STACEY G.C. JERNIGAN , Bankruptcy Judge . On November 18, 2019, the Court called for hearing the Chapter 13 Trustee's Motion to Dismiss and Motion for Show Cause Order. The Court has subject matter jurisdiction pursuant to 28 U.S.C. 1334. This Memorandum of Opinion and Order Dismissing Unauthorized Bankruptcy Filing constitutes the Court's findings of facts and conclusion of law pursuant to Fed. R. Bankr. R. 7052...
MEMORANDUM OPINION AND ORDER GRANTING DEBTORS' OMNIBUS MOTION FOR ENTRY OF AN ORDER (I) AUTHORIZING THE DEBTORS TO ASSUME UNEXPIRED REAL PROPERTY LEASES, AND (II) ESTABLISHING AND AUTHORIZING THE DEBTORS TO PAY ATTENDANT CURE AMOUNTS [DE # 1479] [Illegible Judge Name], United States Bankruptcy Judge . I. Introduction. Debtors were once one of the largest operators of skilled nursing facilities in the country. They operated more than 100 facilities in Texas and Louisiana. During the...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER CONFIRMING DEBTORS' AMENDED JOINT CHAPTER 11 PLAN STACEY G. JERNIGAN , Bankruptcy Judge . Upon the Debtors' Amended Joint Chapter 11 Plan [Docket No. 226, with the final solicitation version appearing at Docket No. 251 and a technical correction to same appearing at Docket No. 252] (as modified, amended or supplemented from time to time, the " Plan ") and the Disclosure Statement for Amended Joint Chapter 11 Plan [Docket No. 227, with...
FINDINGS OF FACT AND CONCLUSIONS OF LAW DETERMINING DEBT OWED TO PLAINTIFF LYNN BESHEARS TO BE NONDISCHARAGEABLE PURSUANT TO 11 U.S.C. 523(a)(2)(A) MARK X. MULLIN , Bankruptcy Judge . The Court has conducted the trial on the Compliant 1 filed by Plaintiff Lynn Beshears (" Beshears ") against Defendant Lisa Dawn McCool (" McCool "). By her Complaint, Beshears seeks a determination that McCool's debt to Beshears of $421,039.97, plus interest and attorney's fees, is nondischargeable...
FINDINGS OF FACT AND CONCLUSIONS OF LAW DETERMINING DEBT OWED TO PLAINTIFF RED HONOR VENTURES, LTD. TO BE NONDISCHARAGEABLE PURSUANT TO 11 U.S.C. 523(a)(4) AND (a)(6) MARK X. MULLIN , Bankruptcy Judge . The Court held a two-day trial to (i) liquidate all state-law claims asserted by Red Honor Ventures, Ltd. (the " Plaintiff ") against Robert L. Edmonds (the " Debtor "), Linda Edmonds, and Edmonds Publishing & Media Group, LLC (" Publishing ," and together with the Debtor and Linda...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER CONFIRMING DEBTOR'S FIRST AMENDED PLAN OF LIQUIDATION PURSUANT TO CHAPTER 11 OF THE BANKRUPTCY CODE HARLIN DEWAYNE HALE , Bankruptcy Judge . WHEREAS, Mayflower Communities, Inc., as debtor and debtor-in-possession in the above-captioned case (the "Debtor"), having proposed and filed with the United States Bankruptcy Court for the Northern District of Texas, Dallas Division (the " Bankruptcy Court ") (i) the Debtor's First Amended Plan of...
MEMORANDUM OPINION AND ORDER ROBERT L. JONES , Bankruptcy Judge . Waggoner Cattle, LLC (Waggoner Cattle), Circle W of Dimmitt, Inc. (Circle W), Bugtussle Cattle, LLC (Bugtussle), and Cliff Hanger Cattle, LLC (Cliff Hanger) (collectively, the Debtors) each filed for chapter 11 bankruptcy on April 9, 2018. Lone Star State Bank of West Texas (Lone Star) initiated this adversary proceeding against Rabo Agrifinance, LLC (Rabo), Waggoner Cattle, Cliff Hanger, and Circle W (collectively,...
MEMORANDUM OPINION ROBERT L. JONES , United States Bankruptcy Judge . On April 2nd and 3rd, the Court conducted the trial on the complaint of Robert D. Phelps (Phelps) against chapter 7 debtor, Jeffery Micheal Hunt (Hunt). Phelps asserts the following seven claims: (1) objection to discharge of Phelps's claim under 523(a)(2)(A); (2) objection to discharge of Phelps's claim under 523(a)(2)(B); (3) objection to discharge of Phelps's claim under 523(a)(4); (4) objection to discharge of...
MEMORANDUM OPINION AND ORDER REGARDING THE TRUSTEE'S OBJECTION TO CONFIRMATION OF DEBTORS' CHAPTER 13 PLAN [RELATES TO ECF NOS. 20 and 43] Mark X. Mullin , United States Bankruptcy Judge . Before the Court is confirmation of the Debtors' Plan. 1 The Trustee 2 filed an Objection 3 to confirmation asserting that the Debtors' Plan fails to satisfy the "disposable income" requirement of 11 U.S.C. 1325(b)(1)(B). 4 After considering the Plan, the Objection, the Trustee's Brief, 5 the...
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER UNDER 11 U.S.C. 1129 CONFIRMING SECOND AMENDED PLAN OF REORGANIZATION STACEY G.C. JERNIGAN , Bankruptcy Judge . WHEREAS, Levi G. McCathern, II (" McCathern " or the " Debtor "), debtor and debtor-in-possession, in the above-referenced case, filed his Second Amended Plan of Reorganization (the " Plan ") [Docket No. 88] 1 and the Second Amended Discosure Statement in Support of Plan of Reorganization of Levi G. McCathern, II (the "...
MEMORANDUM OPINION (Findings of Fact and Conclusions of Law) Robert L. Jones , United States Bankruptcy Judge On March 13 and 14, 2019, the Court conducted the trial on the amended complaint of Trinkets and Tea, LLC (Trinkets and Tea) against chapter 7 debtor, Jeffery Micheal Hunt (Hunt). Trinkets and Tea alleges the following: (1) objection to discharge of Trinkets and Tea's claim under 523(a)(2)(A); (2) objection to discharge of Trinkets and Tea's claim under 523(a)(2)(B); (3)...
MEMORANDUM OPINION AND ORDER ROBERT L. JONES , Bankruptcy Judge . The Court addresses the Emergency Motion to Amend Order filed by Robert Phelps (Phelps) and his counsel, Ernest Nycz (Nycz). 1 Phelps is the plaintiff in the adversary proceeding, Adversary No. 18-02011, in which he objects to Hunt's discharge and to the dischargeability of the claim he asserts against Hunt. By the motion, Phelps and Nycz ask that the Court's order of August 3, 2018 (entered August 6, 2018) be corrected to...
MEMORANDUM OPINION AND ORDER REGARDING REQUEST FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM OF THOMAS GOODNER ESTATE AND FALLIS A. BEALL, DBA ELK PLAZA SHOPPING CENTER [ECF NO. 361] Stacey G.C. Jernigan , United States Bankruptycy Judge . Before the Court is a contested matter regarding a request for payment of an administrative-expense claim filed by Thomas Goodner Estate and Fallis A. Beall, dba Elk Plaza Shopping Center [ECF No. 361] (" Elk Plaza ") that the Reorganized...
