MEMORANDUM OPINION MARVIN ISGUR, Bankruptcy Judge. Wells Fargo Bank, N.A. ("Wells Fargo") filed proofs of claim in Titus Oparaji's 2004 bankruptcy case and in his current bankruptcy case. The arrearage amounts on the proofs of claim are inconsistent. Oparaji alleges that Wells Fargo is estopped from asserting inconsistent arrearage amounts in his current bankruptcy. Oparaji moved for partial summary judgment on the estoppel arguments. The Court holds that Wells Fargo is judicially estopped...
MEMORANDUM OPINION RELATING TO GRAHAM MORTGAGE CORPORATION'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR IN THE ALTERNATIVE FOR A MORE DEFINITE STATEMENT AND BRIEF IN SUPPORT JEFF BOHM, Bankruptcy Judge. I. INTRODUCTION This Memorandum Opinion relates to a motion to dismiss brought by Graham Mortgage Corporation (Graham), a defendant in Adversary Proceeding No. 09-03057 (the Adversary Proceeding). On July 1, 2010, the Chapter 7 trustee (the Trustee) of the bankruptcy estate (the Estate)...
MEMORANDUM OPINION ON: (1) CHAPTER 13 FEE APPLICATION FOR REESE BAKER; (2) EMERGENCY MOTION OF BAKER & ASSOCIATES TO COMPEL CHAPTER 13 TRUSTEE TO PAY APPROVED FEES TO BAKER & ASSOCIATES AND TO REVOKE PAYMENT TO HOME MORTGAGE LENDER; AND (3) TRUSTEE'S MOTION TO VACATE ORDERS GRANTING CHAPTER 13 FEE APPLICATIONS [Docket Nos. 170, 171 & 175] JEFF BOHM, Bankruptcy Judge. I. INTRODUCTION On December 8 and 17, 2009, this Court held a hearing on the following matters: (1) Chapter 13 Fee...
MEMORANDUM OPINION MARVIN ISGUR, Bankruptcy Judge. Stephen Donson, the principal creditor in Emilia Donson's chapter 11 reorganization, initiated an adversary proceeding to determine the dischargeability of his claims. Upon the agreement of the parties, the Court abated the adversary proceeding until August 18, 2011. Before and after the abatement order, Emilia Donson filed objections to Stephen Donson's proof of claim in her main bankruptcy case. The Court initially considered the...
MEMORANDUM OPINION MARVIN ISGUR, Bankruptcy Judge. For the reasons set forth below, the Court holds: 1. Defendants violated 11 U.S.C. 525(b); 2. Simms-Wilson failed to prove damages from Defendants violation of 525(b); and 3. Defendants did not violate 11 U.S.C. 362. Because Simms-Wilson failed to prove damages, judgment will be issued for the Defendants. Background Kelley Lavone Simms-Wilson ("Simms-Wilson") filed for chapter 13 bankruptcy relief on June 18, 2007. Defendant 1...
MEMORANDUM OPINION GRANTING MOTION TO DISBURSE AND DENYING MOTION TO MODIFY MARVIN ISGUR, Bankruptcy Judge. For the reasons set forth below, the Court: (1) grants Debtors' Motion for Order Directing Disbursement of Funds on Hand by the Chapter 13 Trustee ("Motion to Disburse") (docket no. 224); and (2) denies the Motion to Modify filed by Houston Tire & Automotive Company ("Houston Tire") (docket no. 227). Background On July 19, 2007, Marvin E. Ezzell and Sadie A. Ezzell ("Debtors") filed...
