MEMORANDUM OPINION JEFFREY P. NORMAN , Bankruptcy Judge . The plaintiff, Dylan LaFavers ("LaFavers"), commenced this adversary proceeding by filing a complaint on February 5, 2018. LaFavers, a creditor in the underlying bankruptcy case, requested this Court find that the damages award from the lawsuit styled Collin LaFavers, as next friend of D.L., a minor v. Martin Arguello , Cause No. 16-CV-0434, 122 nd Judicial District, Galveston County, Texas ("State Court Case") be deemed non-...
MEMORANDUM OPINION [This Order Relates to Adv. Doc. No. 1] JEFF BOHM , Bankruptcy Judge . I. INTRODUCTION On October 11, 2018, Danny Hanna, the debtor in the main Chapter 13 case (the " Debtor "), and Blackwolf Security Group, L.L.C. (" Blackwolf "), (collectively, the " Plaintiffs ") filed suit against Compass Bank d/b/a BBVA Compass (" Compass Bank ") alleging causes of action for (1) breach of contract; and (2) violation of the Bank Deposits and Collections chapter of the Uniform...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . On May 23, 2016, John Akard, Chapter 11 Trustee, filed a complaint to avoid certain prepetition payments made by Golden State Holdings to Jason Lane. The Trustee hired Jerry Holt to provide an expert report on the issue. On October 25, 2017, Jason Lane filed a Motion to Strike Holt's Report. On December 18, 2017, the Court struck Holt's expert report based on a number of deficiencies. Subsequently, on March 20, 2018, the Court found...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Reza Ahmadi filed his chapter 13 bankruptcy petition on July 3, 2017, with the assistance of attorney Reese W. Baker from the law firm Baker & Associates. ( See ECF No. 1). Ahmadi unsuccessfully proposed multiple plans and amendments in an attempt to confirm a chapter 13 plan. Ultimately Ahmadi's bankruptcy case was dismissed pursuant to the Chapter 13 Trustee's motion on February 27, 2018. (ECF No. 68). On March 17, 2018, Baker filed...
MEMORANDUM OPINION ON CHARLES RIVER ASSOCIATES' OBJECTION TO THE DEBTOR'S CLAIM OF EXEMPTIONS [This Relates to Doc. Nos. 55, 58, 97, 99, 104, 105] Jeff Bohm , United States Bankruptcy Judge . I. INTRODUCTION On January 16, 2018, Charles River Associates (" CRA ") filed an objection (the " Objection ") to certain IRA accounts that Donald Jeffrey Painter (the "Debtor") claims as exempt. 1 [Doc. No. 55]. On February 5, 2018, the Debtor filed a response to the Objection (the " Response ")....
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . On May 2, 2018, Dilks & Knopick, LLC filed a Motion to Disburse Unclaimed Funds, requesting that the Court transfer $5,854.75 in unclaimed funds from the Court Registry originally owed to Ricardo A. Everett following the dismissal of his chapter 13 bankruptcy case. Dilks & Knopick claims ownership of the funds pursuant to an Assignment Agreement entered into with Everett on April 24, 2018. The Assignment Agreement provides for a...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Black Elk Energy Offshore Operations, LLC ("Black Elk") filed chapter 11 bankruptcy on August 11, 2015. Black Elk Energy Employee Incentive, LLC ("BEEEI"); Black Elk Management, LLC ("BEM"), and Black Elk Energy, LLC ("BEE") 1 each filed a proof of claim in Black Elk's bankruptcy case, asserting a right to payment arising from tax distributions allegedly owed to Member-Owners of Black Elk under its Operating Agreements. (ECF No. 1564...
MEMORANDUM OPINION REGARDING PLAINTIFF'S COMPLAINT TO DETERMINE DISCHARGEABILITY [Adv. Doc. No. 1] JEFF BOHM , Bankruptcy Judge . I. INTRODUCTION National Diversity Council (" NDC "), the plaintiff in the above-referenced adversary proceeding, brought this suit under 11 U.S.C. 523(a)(2) and (6) 1 to prevent discharge of a judgment it recovered against Carmen Michelle Carter (the " Debtor ") as a result of a unanimous jury verdict from a state court trial. [Adv. Doc. No. 1]. This...
MEMORANDUM OPINION GRANTING DEFENDANTS' MOTION TO STAY AND TO COMPEL ARBITRATION Resolving ECF No. 103 EDUARDO V. RODRIGUEZ , Bankruptcy Judge . I. INTRODUCTION In the United States, there is the long-held belief that "[l]itigation is the pursuit of practical ends, not a game of chess." Indianapolis v. Chase Nat'l Bank, 314 U.S. 63 , 69 (1941). This Court recognizes that alternative dispute resolutions, or ADR, quickly brings a practical end to most parties' disputes. Moreover,...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Gasconade Oil Co., Riggs Oil & Gas Corp., and The Roy H. Dubitzky Trust filed this adversary proceeding against Ultra Resources, Inc. and UPL Pinedale, LLC, seeking a declaratory judgment that they are entitled to certain overriding royalty interests pursuant to the Areas of Mutual Interest clause within the parties' Southwestern Wyoming Revised CNG/Fossil Agreement. The Defendants moved for summary judgment on the Plaintiffs' claims,...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Northstar Offshore Group, LLC, filed an adversary proceeding against 26 named defendants in order to determine the extent, validity, and priority of materialmen's and mechanic's liens ("M&M Liens") asserted for work performed on 13 of Northstar's oil and gas producing assets. (ECF No. 1 at 11). After Northstar filed its complaint on September 27, 2017, several of the parties reached settlement agreements with Northstar and were...
AMENDED MEMORANDUM OPINION * [This Order Relates to Adv. Doc. Nos. 68, 252, 268, 271] Jeff Bohm , United States Bankruptcy Judge . I. INTRODUCTION The adversary proceeding pending before this Court was filed due to an unscrupulous attorney's theft of $2.4 million. This attorney has no moral compass whatsoever, and his perfidy has resulted in litigation among his former clients, friends, and various third parties who did not have the displeasure of knowing him. While he deservedly...
MEMORANDUM OPINION JEFFREY P. NORMAN , Bankruptcy Judge . The plaintiff, The Gil Ramirez Group, LLC ("Ramirez"), commenced this adversary proceeding by filing a complaint on July 27, 2017. Ramirez, a creditor in the underlying bankruptcy case, requested this Court find that the punitive damages portion of its claim against defendant/debtor Evajean Marie Jackson be deemed non-dischargeable pursuant to 11 U.S.C. 523(a)(6). The Court held a bench trial in this adversary proceeding on...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . At issue is whether this Court may, must, or may not reopen the evidentiary record on remand. Houston SportsNet Finance, LLC ("Comcast Lender") argues that the Court may but should refrain from reopening the evidentiary record on remand, because doing so would amount to legal error. Comcast posits that the Court's sole task on remand is a mathematical exercise from which the Court can use previously introduced evidence,...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . The Trustee filed his second amended complaint on November 6, 2017, alleging that WorldFab, Inc; Safe-T-Cool, Inc.; Robert Furlough; and Jeff Huckaby fraudulently transferred assets and abused the corporate form to perpetuate a fraud on Technicool. ( See generally ECF No. 27). The Trustee sought turnover of estate property, avoidance of fraudulent transfers, a declaratory judgment regarding corporate veil piercing, and...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . National Oilwell Varco ("NOV") filed suit against Technicool Systems, Inc., in Texas state court, alleging breach of contract for malfunctioning Heating, Ventilation, and Air Conditioning ("HVAC") units NOV purchased. (ECF No. 95 at 2). Technicool eventually filed for chapter 7 bankruptcy, leading NOV to file a proof of claim based on its state court lawsuit. (ECF No. 94-4 at 3). NOV later amended its state court petition...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . Montco Oilfield Contractors, LLC filed its Second Amended Complaint alleging misrepresentation, breach of contract, and quantum meruit claims against Black Elk Energy Offshore Operations, LLC and JX Nippon Oil Exploration (U.S.A.) Limited. The Complaint alleges that Montco is entitled to recover unpaid amounts owed to Montco for performing plugging and abandonment services, damages associated with performing additional,...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . NewFirst National Bank filed a Motion for Relief From the Automatic Stay as to Real Estate against David W. Ainsworth, Sr., seeking relief from the Automatic Stay for cause, or in the alternative seeking adequate protection of its interest in Ainsworth's real property. NewFirst claims it is entitled to foreclose on the interest it currently holds in a 51.80-acre tract owned by Ainsworth, located in Robstown, Nueces County, Texas....
MEMORANDUM OPINION [This Order Relates to Adv. Doc. No. 68] JEFF BOHM , Bankruptcy Judge . I. INTRODUCTION The adversary proceeding pending before this Court was filed due to an unscrupulous attorney's theft of $2.4 million. This attorney has no moral compass whatsoever, and his perfidy has resulted in litigation among his former clients, friends, and various third parties who did not have the displeasure of knowing him. While he deservedly spends time behind bars—he has recently been...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Diana Santillan's chapter 13 bankruptcy plan was confirmed in May 2016. Santillan proposed a modification to her chapter 13 plan on May 31, 2018 along with a corresponding amended wage order. The Court approved Santillan's proposed wage order on June 18, 2018 and scheduled a hearing regarding her proposed modification for July 18, 2018. Santillan received a paycheck from her employer on June 19, 2018, as compensation for work performed...
