MEMORANDUM OPINION ON TRUSTEE'S COMPLAINT TO AVOID AND RECOVER A CONSTRUCTIVELY FRAUDULENT TRANSFER OF AN INTEREST IN REAL PROPERTY CRAIG A. GARGOTTA, Bankruptcy Judge. Came on to be considered the above-styled and numbered adversary proceeding and, in particular, the Complaint to Avoid and Recover a Constructively Fraudulent Transfer of an Interest in Real Property (Doc. # 1). The Court has reviewed Plaintiff's Complaint (Doc. # 1), Defendant's Answer (Doc. # 9), and the stipulation of...
MEMORANDUM OPINION GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT CRAIG A. GARGOTTA, Bankruptcy Judge. Before the Court is Defendants' Motion for Summary Judgment (the "Motion") filed by Shawn Ferguson and James R. Gotwals & Associates, Inc. on April 18, 2011 (docket no. 11). This Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334, and the matter is deemed a core proceeding under 28 U.S.C. 157(b)(2)(I). This matter is referred to this Court under the district...
MEMORANDUM OPINION REGARDING BURR'S MOTION TO DISMISS CRAIG A. GARGOTTA, Bankruptcy Judge. Crescent Resources, LLC, Crescent Holdings, LLC, and their affiliated debtors and debtors in possession (collectively "Crescent Resources," "Crescent," or "Debtors"), filed a petition under Chapter 11 of the Bankruptcy Code on June 10, 2009. Prior to filing for bankruptcy, Crescent was a real estate development and management organization which developed, owned, leased, managed, and sold real estate...
Memorandum Decision on Motion for Reconsideration of Order Disallowing Claim LEIF M. CLARK, Bankruptcy Judge. Marix, as the mortgage servicer and attorney-in-fact for EMC Mortgage ("EMC"), has requested reconsideration, pursuant to section 502(j) of the Bankruptcy Code and/or Rule 60(b) of the Federal Rules of Civil Procedure (applicable in bankruptcy by virtue of Rule 9024 of the Federal Rules of Bankruptcy Procedure), of an order sustaining the chapter 7 trustee's objection to EMC's claim....
DECISION AND ORDER ON DEFENDANT'S MOTION TO REMAND LEIF M. CLARK, Bankruptcy Judge. This decision and order resolves a motion to remand a matter removed to this court the same day the bankruptcy petition was filed. Almost immediately, the Defendant ("AT & T") requested remand, based upon the theories of mandatory abstention or, alternatively, permissive abstention/equitable remand. AT & T essentially argued that LXI's suit raised only state law claims and was at best "related to" LXI's...
MEMORANDUM DECISION ON COMPLAINT LEIF M. CLARK, Bankruptcy Judge. Factual Background The Debtor ("Ronnie Pace" or "Pace") filed for chapter 7 on August 15, 2007. His wholly-owned company, Chaparral Resources, Inc. ("Chaparral") had previously filed for chapter 11 in November, 2006. That case was later dismissed. Pursuant to a Default Judgment entered by this court on December 13, 2007, the assets of Chaparral are subject to the administration of the chapter 7 trustee for the benefit of...
ORDER TO APPEAR AND SHOW CAUSE RONALD B. KING, Chief Bankruptcy Judge On this day this Court considered the Reorganized Debtors' Motion to Enforce Contempt Judgment and for Additional Sanctions (the "Motion") against (i) attorney Jessica Sokol ("Sokol"), (ii) Israel Grossman ("Grossman"), and (iii) Sokol's clients, Zalman Anderson, Jan Arnett, Albert Balakhane, Edmond Balakhane, Lawrence Clark, Brenda Crayk, Jacob and Miriam Dekelbaum, Azriel Horowitz, Charles Soltz, Daniel and M. Zucker,...
DECISION AND ORDER ON MOTION TO DISMISS LEIF M. CLARK, Bankruptcy Judge. Came on for consideration the motion of defendant to dismiss for failure to state a claim, for lack of personal jurisdiction and for lack of subject matter jurisdiction. Other issues are also raised in the motion. For the reasons set out herein, the court rules that the motion to dismiss for lack of subject matter jurisdiction—to wit, standing —must be granted. The court does not need to reach the remaining issues...
MEMORANDUM DECISION ON COOLWATER LLC'S MOTION FOR RECONSIDERATION OF THE ORDER CONFIRMING DEBTOR'S AMENDED CHAPTER 11 PLAN OF LIQUIDATION PURSUANT TO RULE 9023 OF THE RULES OF BANKRUPTCY PROCEDURE OR, IN THE ALTERNATIVE, FOR NEW TRIAL LEIF M. CLARK, Bankruptcy Judge. This decision addresses a motion by Coolwater, LLC, asking this court to reconsider its order confirming the plan of liquidation proposed by Camp Arrowhead, Ltd.'s (the "Debtor"). Most narrowly, the motion is actually one...
Memorandum Decision on Trustee's Motion to Approve Contingent Fee Agreement LEIF M. CLARK, Bankruptcy Judge. Came on for hearing the foregoing matter. Eric J. Moeller, the chapter 11 trustee appointed in this case, seeks approval to retain two firms to prosecute certain causes of action owned by the bankruptcy estate against various entities that are or were related either to the debtor or to the debtor's former officers, directors and shareholders. An objection was filed by Glen Gonzalez,...
MEMORANDUM OPINION CRAIG A. GARGOTTA, Bankruptcy Judge. BACKGROUND Plaintiffs 1 in this adversary proceeding are the family and estate of musician, Don Walser. (December 20, 2009 Report and Recommendation Regarding Plaintiffs' Motion to Withdraw the Reference at p. 2, Docket No. 18.) 2 This action was initially filed in Texas state district court but was removed to this Court on February 17, 2009, following Debtors' 3 bankruptcy. Id. at p. 3. Plaintiffs contend that Debtors failed...
