MEMORANDUM OPINION MARVIN ISGUR, Bankruptcy Judge. The Court grants, in part, and denies, in part, the Plaintiffs' motion to amend, which seeks leave to file the Second Amended Complaint, ECF No. 96-1. The Court also reconsiders its earlier memorandum opinion on the Defendants' motions to dismiss, ECF No. 61, in light of the allegations in the Second Amended Complaint. The Court vacates the dismissal of the Plaintiffs' claims for conversion of seismic data and conversion of cash collateral,...
MEMORANDUM OPINION MARVIN ISGUR, Bankruptcy Judge. Fire Safe moves for summary judgment and asks the Court to (i) award Fire Safe legal fees and court costs associated with the bankruptcy proceedings, and (ii) declare such fees, along with sums due and owing in accordance with a Texas state court judgment, nondischargeable in bankruptcy. For the reasons set forth below, the Court holds that: • The sums owed under the state court judgment are excepted from discharge. • The legal fees and...
MEMORANDUM OPINION REGARDING PLAINTIFFS' COMPLAINT FOR TURNOVER AND DAMAGES [Doc. No. 1] JEFF BOHM, Bankruptcy Judge. I. INTRODUCTION This Memorandum Opinion concerns a financial institution's right to freeze a depositor's account after the depositor has filed a Chapter 13 petition. Case law is clear that the financial institution may freeze an account without violating the automatic stay. However, the question in this suit is whether the institution may freeze the account indefinitely or...
MEMORANDUM OPINION ON PLAINTIFFS' AMENDED EMERGENCY MOTION TO DISQUALIFY KENNETH STOHNER, JR. AND JACKSON WALKER, LLP [Adv. Docket No. 56] JEFF BOHM, Bankruptcy Judge. I. INTRODUCTION The Court writes this Memorandum Opinion because it underscores the problems that can arise when an attorney signs a proof of claim on behalf of the client. Duke Investments, Ltd. and Mark Duke (the Plaintiffs) filed a motion requesting this Court to disqualify both the Jackson Walker law firm (Jackson Walker)...
MEMORANDUM OPINION ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBTS PURSUANT TO 11 U.S.C. SECTION 523(a) JEFF BOHM, Bankruptcy Judge. I. INTRODUCTION This suit concerns developing case law about the collateral source rule under Texas law and the "justified under the circumstances" exception to Section 523(a)(6) of the Bankruptcy Code. 1 Scott Cameron Wise (the Plaintiff) seeks a judgment against the debtor, James Timothy Peterson (the Debtor). Specifically, the Plaintiff requests this...
MEMORANDUM OPINION REGARDING: (1) NOTICE OF FILING OF REDACTED FEE STATEMENTS OF MCKOOL SMITH P.C.; (2) PLAINTIFFS' CERTIFICATION/AMENDED CERTIFICATION ON REASONABLENESS OF FEES SUBMITTED BY MCKOOL SMITH P.C.; AND (3) DEFENDANTS' MOTION FOR ADDITIONAL SANCTIONS [Adv. Doc. Nos. 87, 107, 112 & 103] JEFF BOHM, Bankruptcy Judge. I. INTRODUCTION On August 3, 2010, this Court held a hearing on the following matters: (1) Notice of Filing of Redacted Fee Statements of McKool Smith P.C. [Adv. Doc....
MEMORANDUM OPINION MARVIN ISGUR, Bankruptcy Judge. For the reasons set forth below, the Court grants, in part, and denies, in part, Defendants' Motions to Dismiss Plaintiffs' First Amended Complaint. BACKGROUND On December 23, 2008, Yazoo Pipeline Co., LP, Sterling Exploration & Production Co., LLC, and Matagorda Operating Co., LLC, (collectively, "Debtors") filed for chapter 11 bankruptcy relief before this Court. Sterling was an oil and gas exploration and production company. Yazoo was...
MEMORANDUM OPINION LETITIA Z. PAUL, Bankruptcy Judge. The court has held a hearing on confirmation of the Debtor's Chapter 11 plan (Docket No. 108). The following are the Findings of Fact and Conclusions of Law of the court. A separate Judgment will be entered denying confirmation of the plan. To the extent any of the Findings of Fact are considered Conclusions of Law, they are adopted as such. To the extent any of the Conclusions of Law are considered Findings of Fact, they are adopted as...
MEMORANDUM OPINION MARVIN ISGUR, Bankruptcy Judge. For the reasons set forth below, the Court holds: (i) the lien held by Lighthouse Capital Funding, Inc. on the Harmons' homestead is invalid; (ii) Lighthouse is entitled to equitable subrogation in the principal amount of $986,992.06 plus 6% interest (accrued from April 23, 2008); (iii) Lighthouse must pay the Estate $179,413.91 in statutory damages under the Truth in Lending Act ("TILA"); and (iv) the Estate is entitled to reimbursement for...
ORDER DENYING FIRST AND FINAL APPLICATION OF GILBERT A. HERRERA AND HERRERA PARTNERS, EXPERT WITNESS FOR DEBTORS, FOR ALLOWANCE OF COMPENSATION FOR SERVICE AND REIMBURSMENT OF EXPENSES [Docket No. 258] JEFF BOHM, Bankruptcy Judge. I. INTRODUCTION On April 29, 2011, Gilbert A. Herrera (Herrera) and Herrera Partners (collectively HP), financial consultants and expert witnesses for IRH Vintage Park Partners, LP, VPI General Partner, LLC, Vintage Park Investments, LLC (collectively Debtors),...
