ORDER MARVIN ISGUR , Bankruptcy Judge . For the reasons set forth in the Memorandum Opinion issued on this date, Henry R. Hamman, et al. 's motion for partial summary judgment as to liability and damages is granted in part and denied in part. Kenneth R. Lyle's motion for summary judgment is denied. A final evidentiary trial establishing the amount, if any, owed by Lyle to the Hammans will be conducted on April 6, 2020 at 3:30 p.m.
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Henry R. Hamman, et al. 1 filed suit in state court against Kenneth Lyle et al. 2 claiming to have succeeded to an oil and gas interest in a 20-acre leasehold and seeking to be paid net profits or proceeds pursuant to that interest. Houston Bluebonnet, LLC filed a notice of removal of the state court proceeding to this Court. Lyle filed a motion for summary judgment, arguing that the Hammans' predecessors previously assigned all...
MEMORANDUM OPINION EDUARDO V. RODRIGUEZ , Bankruptcy Judge . Well-advised creditors have reason to be circumspect in filing an involuntary petition. In order to successfully force a debtor into bankruptcy, a petitioning creditor, inter alia, must establish that its particular claim is not contingent as to liability or the subject of a bona fide dispute as to liability or amount, that its unsecured claims aggregate at least $16,750, and must demonstrate that the target debtor is generally...
MEMORANDUM OPINION JEFFREY P. NORMAN , Bankruptcy Judge . The debtor and plaintiff Stephen Manley (hereinafter "Manley") instituted his Chapter 7 proceeding on July 18, 2019. That same day he instituted this adversary proceeding seeking to discharge student loans pursuant to 11 U.S.C. 523(a)(8). As evidenced by the bankruptcy schedules filed by Manley in his bankruptcy case his only debts are student loans, which he has estimated at $200,000.00. Between 2003 and 2012, Manley attended...
MEMORANDUM OPINION Resolving ECF No. 85 EDUARDO V. RODRIGUEZ , Bankruptcy Judge . Pending before the court is Kellett & Bartholow PLLC and Pulman, Cappuccio, and Pullen, LLP's (" K&B " and " Stone Curtis, collectively known as " Applicants ") fee application, and CMM Enterprises, LLC d/b/a Car Mart Motors #2's (" CMM " or " Defendant ") response to the fee application. After considering the documents, evidence, and applicable law, the Court finds that the fee application should be...
MEMORANDUM OPINION Resolving ECF No. 78 Eduardo V. Rodriguez , United States Bankruptcy Judge . Federal Rule of Bankruptcy Procedure 3002.1 requires a creditor to disclose to the debtor any changes to the amount of the home mortgage during the chapter 13 case. This rule prevents unexpected deficiencies in a home mortgage when a case is completed and closed. While the rule allows a court to take appropriate action when a creditor fails to notify a debtor, the rule is silent regarding...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Vanguard Operating, LLC ("Vanguard") commenced adversary proceedings against seven Wyoming Counties to recover ad valorem taxes. Vanguard Operating paid the disputed ad valorem taxes for two separate years prior to filing chapter 11 bankruptcy and after a Final Decree was entered in its bankruptcy case. ( See Case Nos. 18-03244, 18-03245, 18-03246, 18-03247, 18-03248, 18-03249, and 18-03250). 1 Vanguard's Complaints seek multiple...
MEMORANDUM OPINION & ORDER GRANTING MOTION FOR RECONSIDERATION Resolving ECF No. 14 EDUARDO V. RODRIGUEZ , Bankruptcy Judge . Pending before the Court is American First National Bank's (" AFNB ") "Motion for Reconsideration of the State Court's Order Granting Summary Judgment" (" Motion "). 1 On November 15, 2019, the Court held a hearing on AFNB's Motion. 2 AFNB's Motion asks this Court to reconsider the state court's granting of summary judgment in favor of the City, on the basis...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Hassell Construction Company, Inc. ("HCCI") and its related individuals move to remand two adversary proceedings to state court, where they were originally filed. The first proceeding, filed in the Harris County District Court, asserts claims for declaratory judgment and damages against Royce Hassell ("the Debtor"), as well as counterclaims for damages filed by the Debtor. The second proceeding, pending in the Court of Appeals for the...
