MEMORANDUM OPINION LETITIA Z. PAUL , Bankruptcy Judge . The court has held a trial of the above captioned adversary proceeding. The following are the Findings of Fact and Conclusions of Law of the court. A separate conforming Judgment will be entered. 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 such. Findings of Fact A. Procedural...
MEMORANDUM OPINION LETITIA Z. PAUL, Bankruptcy Judge. The court heard the "Motion of Xenon Health LLC and Haroon Chaudhry, M.D. for Relief from Automatic Stay Regarding State Court Proceedings" (Docket No. 17) filed by Xenon Health LLC ("Xenon") and Haroon Chaudhry ("Chaudhry"), Movants, and after consideration of the Response in Opposition (Docket No. 20) filed by Xenon Anesthesia of Texas, PLLC ("Xenon Texas"), Debtor, the pleadings, evidence, and arguments of counsel, the court makes the...
MEMORANDUM OPINION REGARDING CERTIFICATION FOR DIRECT APPEAL TO THE FIFTH CIRCUIT COURT OF APPEALS OF THAT ONE CERTAIN APPEAL FILED BY DAVID G. PEAKE, THE CHAPTER 13 TRUSTEE, APPEALING THIS COURT'S ORDER DENYING TRUSTEE'S MOTION TO MODIFY CONFIRMED CHAPTER 13 PLAN (DOC. NO. 204) [Doc. No. 231] JEFF BOHM, Chief Judge. I. INTRODUCTION The dispute in this Chapter 13 case involves an important issue over which there is no controlling decision of the Fifth Circuit, or of the Supreme Court of...
MEMORANDUM OPINION REGARDING TRUSTEE'S OBJECTION TO EXEMPTIONS AND MOTION TO COMPEL TURNOVER AND FILING OF STATEMENT OF FINANCIAL AFFAIRS [Doc. No. 175] JEFF BOHM, Chief Bankruptcy Judge. I. INTRODUCTION This case is about a Chapter 7 Trustee who is doing her job well and a Debtors' attorney who is not. Additionally, this is a case about debtors who thumb their nose at the bankruptcy system. At issue is how this Court should rule on the Trustee's Objection to Exemptions and Motion to Compel...
MEMORANDUM OPINION MARVIN P. ISGUR , Bankruptcy Judge . Dewey Bellows Operating Company, Ltd.'s Motion for Summary Judgment, (ECF No. 239), is granted in part and denied in part. Petitioning Creditors are barred from recovery of saltwater disposal revenues accruing after the spill on San Gregorio Ranch. To the extent the motion seeks to bar recovery for saltwater disposal revenues accruing before the spill, the motion is denied. Background The procedural history of this case and the...
MEMORANDUM OPINION MARVIN P. ISGUR , Bankruptcy Judge . Unsecured creditors Laura Baatz and Kimberly Kulig have moved to dismiss this small business chapter 11 case for cause under 1112(b)(4)(J). Simbaki withdrew its proposed plan, and the Court denied a motion to extend Simbaki's deadline for the filing of a new proposed plan. Accordingly, Simbaki has not confirmed a plan within the time fixed by 1129(e). Because a non-debtor plan proponent may still proposed and obtain confirmation...
MEMORANDUM OPINION MARVIN ISGUR, Bankruptcy Judge. The deadline for the assumption of a nonresidential real property lease is satisfied upon the trustee filing a motion to assume the lease. Simbaki, Ltd. filed a motion to assume its lease with Passage Realty, Inc. prior to the statutory deadline. Accordingly, Simbaki's lease was not terminated by operation of law. Background The material facts are not in dispute. Simbaki owns two restaurants in the Houston area that operate out of leased...
MEMORANDUM OPINION MARVIN ISGUR, Bankruptcy Judge. Bluewater Industries, L.P.'s motion for partial summary judgment is granted in part and denied in part. (ECF No. 47). Procedural Background On January 3, 2014, Bennu Oil and Gas, LLC filed an Original Complaint against Bluewater Industries L.P. and Technip USA, Inc. relating to defendants' contract work performed on the Clipper Project. (Case No. 14-3001, ECF No. 1). On March 25, 2014, Bluewater filed a motion for partial summary judgment....
MEMORANDUM OPINION MARVIN ISGUR, Bankruptcy Judge. This class action lawsuit was initiated on February 26, 2008, by Ydalia Rodriguez, Maria and David Herrera and Lucy and Alfonso Moreno. Plaintiffs are former chapter 13 debtors with mortgage contracts serviced by Countrywide Home Loans, Inc. (now BAC Home Loans Servicing, LP). ECF No. 352 at 2. The suit was precipitated by Countrywide's attempt to foreclose on the Plaintiffs' homes after Plaintiffs cured their pre-petition mortgage...
MEMORANDUM OPINION REGARDING: (1) PETITIONING CREDITOR'S CHAPTER 7 INVOLUNTARY PETITION; AND (2) DEBTOR'S MOTION TO DISMISS [Doc. Nos. 1, 13 & 25] JEFF BOHM, Chief Judge. I. INTRODUCTION The Court writes this Memorandum Opinion to underscore that: (1) there is split case law on how to satisfy certain elements required to obtain an order granting an involuntary petition; and (2) the drafting of a joint venture agreement should take into account the rights of the joint venture itself to...
MEMORANDUM OPINION AND ORDER KAREN K. BROWN, Bankruptcy Judge. Before the Court are Debtor's Motion to Estimate Claim of National Oilwell Varco, L.P. ("NOV") for Purposes of Allowance, Distribution and Voting Pursuant to 11 U.S.C. 502(c) and Debtor's Objection to Claim # 14 Filed by National Oilwell Varco, L.P. NOV filed a proof of claim in debtor's bankruptcy listing the amount as "unknown." 1 On September 21, 2012, NOV filed a petition in state court, styled National Oilwell Varco,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE DEBTORS' MOTION FOR CONTEMPT AND SANCTIONS AGAINST DUCTWORKS, INC. 1 AND PATRICK DOZARK FOR VIOLATION OF THE DISCHARGE INJUNCTION FOR COLLECTION OF DEBT [Doc. No. 34] JEFF BOHM, Chief Judge. I. INTRODUCTION On October 3, 2013, William C. Ritchey and Donna M. Ritchey (the Debtors) filed their Motion for Contempt and Sanctions Against Ductworks, Inc. and Patrick Dozark for Violation of the Discharge Injunction for Collection...
MEMORANDUM OPINION (Docket Nos. 15 and 16, Misc. No. 14-0302) DAVID R. JONES, Bankruptcy Judge. Before the Court for consideration is the Emergency Motion for Order Setting Hearing and Compelling Carol Paredes and her Counsel to Appear and Show Cause Why They Should not be Sanctioned for Contempt and Spoliation of Evidence [Docket No. 15] and the Court's Order Setting Hearing and Compelling Carol Paredes and her Counsel to Appear and Show Cause Why They Should not be Sanctioned for Contempt...
MEMORANDUM OPINION MARVIN ISGUR, Bankruptcy Judge. On December 30, 2013, David McLawchlin filed a chapter 12 bankruptcy petition. (ECF No. 1). On January 28, 2014, the Trustee filed a motion to dismiss or convert on the basis that Mr. McLawchlin is ineligible for chapter 12 relief under 11 U.S.C. 109(f). (ECF No. 11). For the reasons set forth in this Opinion, the Court finds that Mr. McLawchlin is not eligible for chapter 12 relief. Mr. McLawchlin will be given the opportunity to convert...
MEMORANDUM OPINION (Docket No. 13) DAVID R. JONES, Bankruptcy Judge. Before the Court is the Application to Employ Counsel under 11 U.S.C. 327 filed by Allison Byman in her capacity as the chapter 7 trustee in this case. After considering the evidence and arguments presented, the Court orally approved the application during a hearing on March 28, 2014. At the hearing, the Court indicated to all parties that it intended to issue a written opinion explaining the Court's analysis. The Court...
MEMORANDUM OPINION DAVID R. JONES, Bankruptcy Judge. Before the Court are the (i) Notice of Post-Petition Mortgage Fees, Expenses, and Charges filed by JPMorgan Chase Bank, N.A. ("Chase") and (ii) Debtor's Motion for Determination of Post-Petition Mortgage Fees, Expenses, and Charges Filed by JPMorgan Chase Bank, N.A. At issue is Chase's entitlement to recover its attorney's fees during the period after the bankruptcy filing and prior to confirmation of the Debtor's chapter 13 plan when...
MEMORANDUM OPINION MARVIN ISGUR, Bankruptcy Judge. Diamond Beach VP, LP was formed for the purpose of developing Diamond Beach Condominiums, a 240 unit luxury condominium project in Galveston, Texas. Diamond Beach completed 116 of these units, with financing for the land and construction provided by International Bank of Commerce. The debt to IBC was guaranteed, in part, by Diamond Beach's principal owner, Randall Davis. For several reasons, including the devastation caused by Hurricane Ike,...
MEMORANDUM OPINION MARVIN ISGUR, Bankruptcy Judge. Five creditors, each holding a claim not subject to a bona fide dispute, joined in an involuntary bankruptcy petition against the Houston Regional Sports Network, L.P. The Network did not answer the petition. The Houston Astros, a partner and creditor of the Network, alleges that the petition should be dismissed for bad faith and because of the futility of the Network's reorganization. Because the five creditors acted to preserve the...
MEMORANDUM OPINION REGARDING DEFENDANTS' MOTION TO DISMISS, THE TRUST'S MOTION TO INTERVENE, AND PLAINTIFFS' MOTION FOR REMAND [Relates to Adv. Doc. Nos. 8, 10 & 14] JEFF BOHM, Chief Judge. I. INTRODUCTION Marty McVey (McVey) and McVey & Co. Investments, LLC (MCI) (collectively, Plaintiffs) sued attorney Millard A. Johnson (Johnson) and Johnson Deluca Kurisky & Gould (JDKG) (collectively, Defendants) for malpractice, breach of fiduciary duty, and violation of the Texas Deceptive Trade...
MEMORANDUM OPINION MARVIN ISGUR, Bankruptcy Judge. This Memorandum Opinion concerns whether the Court should remand this adversary to the state court from which it was removed. Subject to the opportunity for appellate review, the Court will abstain under 1334(c)(1) and remand the case to state court under 1452(b). Factual Background On November 21, 2013, Houston Baseball Partners filed this lawsuit in the 80th Civil District Court, Harris County. Case No. 13-03325, ECF No. 1-4. Houston...
