ORDER MARVIN ISGUR , Bankruptcy Judge . For the reasons set forth in the Memorandum Opinion issued on this date, Henry R. Hamman, et al. 's motion for partial summary judgment as to liability and damages is granted in part and denied in part. Kenneth R. Lyle's motion for summary judgment is denied. A final evidentiary trial establishing the amount, if any, owed by Lyle to the Hammans will be conducted on April 6, 2020 at 3:30 p.m.
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Henry R. Hamman, et al. 1 filed suit in state court against Kenneth Lyle et al. 2 claiming to have succeeded to an oil and gas interest in a 20-acre leasehold and seeking to be paid net profits or proceeds pursuant to that interest. Houston Bluebonnet, LLC filed a notice of removal of the state court proceeding to this Court. Lyle filed a motion for summary judgment, arguing that the Hammans' predecessors previously assigned all...
MEMORANDUM OPINION EDUARDO V. RODRIGUEZ , Bankruptcy Judge . Well-advised creditors have reason to be circumspect in filing an involuntary petition. In order to successfully force a debtor into bankruptcy, a petitioning creditor, inter alia, must establish that its particular claim is not contingent as to liability or the subject of a bona fide dispute as to liability or amount, that its unsecured claims aggregate at least $16,750, and must demonstrate that the target debtor is generally...
MEMORANDUM OPINION JEFFREY P. NORMAN , Bankruptcy Judge . The debtor and plaintiff Stephen Manley (hereinafter "Manley") instituted his Chapter 7 proceeding on July 18, 2019. That same day he instituted this adversary proceeding seeking to discharge student loans pursuant to 11 U.S.C. 523(a)(8). As evidenced by the bankruptcy schedules filed by Manley in his bankruptcy case his only debts are student loans, which he has estimated at $200,000.00. Between 2003 and 2012, Manley attended...
MEMORANDUM OPINION Resolving ECF No. 85 EDUARDO V. RODRIGUEZ , Bankruptcy Judge . Pending before the court is Kellett & Bartholow PLLC and Pulman, Cappuccio, and Pullen, LLP's (" K&B " and " Stone Curtis, collectively known as " Applicants ") fee application, and CMM Enterprises, LLC d/b/a Car Mart Motors #2's (" CMM " or " Defendant ") response to the fee application. After considering the documents, evidence, and applicable law, the Court finds that the fee application should be...
MEMORANDUM OPINION Resolving ECF No. 78 Eduardo V. Rodriguez , United States Bankruptcy Judge . Federal Rule of Bankruptcy Procedure 3002.1 requires a creditor to disclose to the debtor any changes to the amount of the home mortgage during the chapter 13 case. This rule prevents unexpected deficiencies in a home mortgage when a case is completed and closed. While the rule allows a court to take appropriate action when a creditor fails to notify a debtor, the rule is silent regarding...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Vanguard Operating, LLC ("Vanguard") commenced adversary proceedings against seven Wyoming Counties to recover ad valorem taxes. Vanguard Operating paid the disputed ad valorem taxes for two separate years prior to filing chapter 11 bankruptcy and after a Final Decree was entered in its bankruptcy case. ( See Case Nos. 18-03244, 18-03245, 18-03246, 18-03247, 18-03248, 18-03249, and 18-03250). 1 Vanguard's Complaints seek multiple...
MEMORANDUM OPINION & ORDER GRANTING MOTION FOR RECONSIDERATION Resolving ECF No. 14 EDUARDO V. RODRIGUEZ , Bankruptcy Judge . Pending before the Court is American First National Bank's (" AFNB ") "Motion for Reconsideration of the State Court's Order Granting Summary Judgment" (" Motion "). 1 On November 15, 2019, the Court held a hearing on AFNB's Motion. 2 AFNB's Motion asks this Court to reconsider the state court's granting of summary judgment in favor of the City, on the basis...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Hassell Construction Company, Inc. ("HCCI") and its related individuals move to remand two adversary proceedings to state court, where they were originally filed. The first proceeding, filed in the Harris County District Court, asserts claims for declaratory judgment and damages against Royce Hassell ("the Debtor"), as well as counterclaims for damages filed by the Debtor. The second proceeding, pending in the Court of Appeals for the...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . Alta Mesa Holdings, LP contracted with Kingfisher Midstream, LLC to transport Alta Mesa's oil and gas over gathering systems to be constructed by Kingfisher. Because Kingfisher's rights under the gathering agreements "run with the land," the gathering agreements between Alta Mesa and Kingfisher are not subject to rejection under section 365 of the Bankruptcy Code. Summary judgment on the issue of rejection is granted to...
MEMORANDUM OPINION (Docket Nos. 1630 and 1635) DAVID R. JONES , Bankruptcy Judge . Seadrill Limited ("Seadrill") seeks an order barring Chevy Thornton ("Thornton") from continuing to prosecute certain personal injury claims arising out of a pre-petition accident and requiring the immediate dismissal of all pending litigation. Thornton objects to Seadrill's request and asserts that the Court's confirmation order violates his due process. Thornton also seeks authority to file a proof of...
ORDER MARVIN ISGUR , Bankruptcy judge . For the reasons set forth in the Memorandum Opinion issued on this date, Jonah LLC, et al . is entitled to be paid the wellhead value of production as to Classes 2, 3, and 4. A final evidentiary trial establishing the amount, if any, owed by Ultra to Jonah will be conducted on March 2, 2020 at 9:00 a.m. Not later than February 14, 2020 at 5:00 p.m., Jonah and Ultra must each file a proposed calculation of any unpaid amounts owed by Ultra, based on...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . Jonah LLC 1 et al owns overriding royalty interests ("ORRIs") carved out of federal oil and gas leases in the Pinedale Field in Sublette County, Wyoming. Ultra Petroleum Corp. 2 is the operator under the leases. The other defendants are Ultra affiliates. The dispute in this adversary proceeding concerns the method of calculation of the payments required to be made by Ultra pursuant to Jonah's ORRIs. On April 29,...
MEMORANDUM OPINION (Docket No. 71) DAVID R. JONES , Bankruptcy Judge . David Hamilton ("Hamilton"), Solidarity Group, LLC ("Solidarity Group") and Solidarity Investments, LLC ("Solidarity Investments") object to the proof of claim filed by Houston International Hospitality, LLC ("HIH") in this case. After considering the evidence, the briefs and the arguments of counsel, the Court sustains the objection as set forth below. Relevant Background Solidarity Contracting, LLC ("Solidarity")...
MEMORANDUM OPINION DENYING BDFI, LLC's RENEWED MOTION TO CANCEL LIS PENDENS Resolving ECF No. 114 Eduardo V. Rodriguez , United States Bankruptcy Judge . I. INTRODUCTION Generally, the doctrine of lis pendens provides that if a third party acquires an interest in property which is at that time subject to litigation, the third party takes the property subject to the final outcome of the litigation. Stated differently, if a court awards a plaintiff rights in a property, the...
CIVIL CONTEMPT ORDER MARVIN ISGUR , Bankruptcy Judge . For the reasons set forth in the Court's Memorandum Opinion issued on this date, the Court Orders: 1. Tamara Turner must commit herself to the custody of the United States Marshal, located in Suite 10017 on the 10th floor of the Bob Casey United States Courthouse, 515 Rusk Avenue Houston, TX, on or before 10:00 a.m. on October 28, 2019. If she fails to comply with the first sentence of this paragraph, the United States Marshal is...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Pursuant to a default judgment, the Court required Tamara Turner to turn over possession of a 2012 Audi A7 and a 2015 Cadillac Escalade to Kar Market. Ms. Turner failed to do so, and Kar Market moved for contempt. The Court granted the motion and issued an arrest warrant. The U.S. Marshals took Ms. Turner into custody shortly thereafter. Ms. Turner moved for reconsideration of the civil contempt order and the Court released her from...
CIVIL CONTEMPT ORDER MARVIN ISGUR , Bankruptcy Judge . For the reasons set forth in the Court's Memorandum Opinion issued on this date, the Court Orders: 1. Tamara Turner must commit herself to the custody of the United States Marshal, located in Suite 10017 on the 10th floor of the Bob Casey United States Courthouse, 515 Rusk Avenue Houston, TX, on or before 10:00 a.m. on October 28, 2019. If she fails to comply with the first sentence of this paragraph, the United States Marshal is...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Pursuant to a default judgment, the Court required Tamara Turner to turn over possession of a 2012 Audi A7 and a 2015 Cadillac Escalade to Kar Market. Ms. Turner failed to do so, and Kar Market moved for contempt. The Court granted the motion and issued an arrest warrant. The U.S. Marshals took Ms. Turner into custody shortly thereafter. Ms. Turner moved for reconsideration of the civil contempt order and the Court released her from...
MEMORANDUM OPINION Resolving ECF No. 1 Eduardo V. Rodriguez , United States Bankruptcy Judge . Before this Court is Hong Kong Development Corporation's (" Hong Kong Development or Plaintiff ") "Complaint Objecting to Debtor's Discharge Pursuant to 727(a)(2)(A), 727(a)(4)(A), and 727(a)(5) of the United States Bankruptcy Code" (" Complaint ") filed against Dung Anh Phan (" Debtor or Defendant "). 1 The Court conducted a one day trial on August 13, 2019. After considering the...
