AMENDED MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . Defendants, U.S. Bank Trust, N.A., Caliber Home Loans, Inc., and HSBC Mortgage Services, Inc. have filed motions to dismiss Jose and Teresa Trevino's complaint for failure to state a claim upon which relief may be granted. (Case No. 13-07031; ECF Nos. 79 and 80). The motions are granted in part and denied in part. The following claims are dismissed: • Count I: Abuse of process claims against HSBC. • Count IV:...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . Defendants, U.S. Bank Trust, N.A., Caliber Home Loans, Inc., and HSBC Mortgage Services, Inc. have filed motions to dismiss Jose and Teresa Trevino's complaint for failure to state a claim upon which relief may be granted. (Case No. 13-07031; ECF Nos. 79 and 80). The motions are granted in part and denied in part. The following claims are dismissed: • Count I: Abuse of process claims against HSBC. • Count IV: Relief...
MEMORANDUM OPINION KENNETH M. HOYT , Bankruptcy Judge . I. This case comes to the Court on appeal from the appellees, Anne M. McCloskey and Michael A. Craig, second motion for summary judgment that arose in the appellant's, Christopher J. McCloskey, bankruptcy proceedings. The Court has jurisdiction pursuant to 28 U.S.C. 158(a) and, therefore, proceeds to address the issue(s) raised by the appellant's appeal. By way of background, a state appellate court entered a reformed final...
MEMORANDUM OPINION LETITIA Z. PAUL , Bankruptcy Judge. The court heard the "Debtors' Motion to Extend, Or in the Alternative Impose, The Automatic Stay" (Docket No. 16) filed by Roy Lee Davis and Audrey Lavern Davis, Debtors. After consideration of the motion, the objection filed by Smart Financial Credit Union ("Smart") (Docket No. 20), the evidence, testimony and argument of counsel, the court makes the following Findings of Fact and Conclusions of Law granting the motion in part. A...
MEMORANDUM OPINION (Docket Nos. 454, 517 and 655) DAVID R. JONES , Bankruptcy Judge . Before the Court is the Application of Patrick O'Connor, Gavin Wilson and Alan Stein for Reimbursement of Fees and Expenses in Connection with the Court's Rule 2004 Order, as subsequently modified and corrected. After considering the pleadings, the evidence presented and the arguments of counsel, the Court will grant partial relief as set forth below. An order consistent with this memorandum opinion...
MEMORANDUM OPINION LETITIA Z. PAUL , Bankruptcy Judge . The court has held an evidentiary hearing on the "Application for Allowance and Payment of Administrative Expense Claim of Stealth Holdings II, LLC" (Docket No. 92). The following are the Findings of Fact and Conclusions of Law of the court. A separate Judgment will be entered granting the instant application in part. To the extent any of the Findings of Fact are considered Conclusions of Law, they are adopted as such. To the extent...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . Sharron and Stepehn Waszkiewicz (collectively, "the Waszkiewiczes") have filed an objection to Debtor Kim Enloe's claimed homestead exemption of $155,600.00 pursuant to 11 U.S.C. 522(o). Enloe transferred $195,000.00 of non-exempt assets into his homestead with the intent to hinder, delay, or defraud creditors. He also invested $110,000.00 of exempt assets into his homestead. Accordingly, his homestead exemption must be...
MEMORANDUM OPINION LETITIA Z. PAUL , Bankruptcy Judge . The court has held an evidentiary hearing on the "First and Final Fee Application of Okin & Adams LLP, Counsel for the Debtors, for the Period September 30, 2014 Through June 12, 2015" (Docket No. 273). 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...
MEMORANDUM OPINION LETITIA Z. PAUL , Bankruptcy Judge . The court has held an evidentiary hearing on the "Emergency Motion for Interim and Final Orders (I) Authorizing Secured Post-Petition Financing on a Super Priority Basis Pursuant to 11 U.S.C. 363, 364, and 507(b); (II) Granting Relief from the Automatic Stay Pursuant to 11 U.S.C. 362; (III) Granting Related Relief; and (IV) Scheduling a Final Hearing Pursuant to Bankruptcy Rule 4001" (Docket No. 10). In the instant motion, the...
MEMORANDUM OPINION GRANTING, IN PART, AND DENYING, IN PART PLAINTIFF'S MOTION FOR SANCTIONS [ Resolving ECF No. 54 ] EDUARDO V. RODRIGUEZ , Bankruptcy Judge . Marcos Lopez (" Plaintiff "), who filed for chapter 13 bankruptcy protection in 2009, filed an adversary complaint against Defendant, Portfolio Recovery Associates, LLC (" PRA> "), alleging that it made debt collection calls to Plaintiff in violation of the automatic stay and the chapter 13 confirmed plan for satisfying...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Plaintiff NQS Inspection, Ltd. has filed a motion for summary judgment against Defendant Cong Nguyen asking the Court to find a Texas state court judgment excepted from discharge. The summary judgment motion is granted. The state court judgment of $1,135,419.56 is excepted from discharge under 11 U.S.C. 523(a)(2)(A), (a)(4), and (a)(6). Factual and Procedural Background NQS is a professional quality assurance company providing a...
MEMORANDUM OPINION REGARDING JCP PROPERTIES, LTD'S MOTION FOR FINAL DECREE, RREF CB SBL II-TX, LLC'S MOTION TO DISMISS & MOTION FOR RELIEF FROM THE AUTOMATIC STAY [Resolving Case No. 15-70391; ECF Nos. 10 & 14] & [Resolving Case No. 11-70827; ECF No. 95] Eduardo V. Rodriguez , United States Bankruptcy Judge . I. Introduction Before this Court are three pending motions from two separate, but factually overlapping chapter 11 cases. In October of 2011, Debtor filed its first chapter 11...
MEMORANDUM OPINION LETITIA Z. PAUL , Bankruptcy Judge . The court has held a final evidentiary hearing on the "Debtor's Emergency Motion for Preliminary and Interim Use of Cash Collateral" (Docket No. 4). The following are the Findings of Fact and Conclusions of Law of the court. A separate Judgment will be entered denying the motion. 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...
MEMORANDUM OPINION ON THE PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT 1 JEFF BOHM , Bankruptcy Judge . The Court writes this Memorandum Opinion because it concerns a thorny area of the law: namely, under what limited conditions collateral estoppel applies in a 523(a) action when the jury in the prior state court lawsuit has issued alternative determinations as to the basis for liability. For the reasons set forth herein, the Court concludes that collateral estoppel applies in the suit at...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . This Memorandum Opinion concerns similar adversary proceedings filed by and Diamond Offshore Company (Adv. Pro. 12-03425) and TM Energy Holdings (Adv. Pro. 12-03429). Rodney Tow, Chapter 7 Trustee, has filed Amended Counterclaims for the avoidance and recovery of transfers made by ATP to TM and Diamond pursuant to 11 U.S.C. 547 and 549 related to the conveyance of purported overriding royalty interests. TM and Diamond,...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . Gerardo Aguirre has moved for partial summary judgment over chapter 7 Trustee Ronald Sommers' claim for declaratory judgment. The Trustee responded with a cross-motion for partial summary judgment. A genuine issue of material fact exists as to the prejudicial effect, if any, of an omission contained in Aguirre's lien affidavit. Accordingly, all summary relief is denied, subject to an evidentiary hearing to be held on...
MEMORANDUM OPINION ON UNITED STATES TRUSTEE'S MOTION TO CONVERT TO CHAPTER 11 PURSUANT TO 11 U.S.C. 706(b) OR, IN THE ALTERNATIVE, TO DISMISS THIS CHAPTER 7 CASE PURSUANT TO 11 U.S.C. 707(a) FOR CAUSE Jeff Bohm , United States Bankruptcy Judge . I. INTRODUCTION The dispute at bar arises from a motion of the U.S. Trustee (the " UST ") to convert a debtor's case from Chapter 7 to Chapter 11 pursuant to 11 U.S.C. 706(b) or, in the alternative, to dismiss pursuant to 11 U.S.C. 707(a) (...
MEMORANDUM OPINION LETITIA Z. PAUL , Judge . The court has held an evidentiary hearing on the confirmation of Debtors' plan (Docket No. 36) and the "Amended Trustee's Motion to Dismiss" (Docket No. 44). The following are the Findings of Fact and Conclusions of Law of the court. A separate Judgment will be entered dismissing the above captioned Chapter 13 case. 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...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . The United States of America, on behalf of the Department of the Interior, Bureau of Ocean Energy Management, and Bureau of Safety and Environmental Enforcement, has filed a motion for summary judgment on its counterclaim against Greenwich Insurance Company. Greenwich has filed a cross-motion for summary judgment. The United States' motion is granted. Greenwich's cross-motion is denied. The United States is entitled to judgment as a...
