MEMORANDUM OPINION TONY M. DAVIS , Bankruptcy Judge . A Chapter 7 trustee may, under section 724(b) of the Bankruptcy Code, sell estate property encumbered by tax liens, and then collect his administrative expenses from proceeds of the sale. In this case, the Court concludes that a trustee may not collect administrative expenses by forcing the sale of a Texas homestead, encumbered by IRS liens but claimed as exempt, even if there is no equity in the property. I. Factual and Procedural...
MEMORANDUM OPINION AND ORDER GRANTING IN PART, DENYING IN PART, CHAPTER 13 TRUSTEE'S MOTION TO DENY DISCHARGE AND DISMISS CASE CRAIG A. GARGOTTA, Bankruptcy Judge. Came on to be considered the above-numbered bankruptcy case, and, in particular, the Chapter 13 Trustee's Motion to Deny Discharge and Dismiss Case (ECF No. 48)(the "Motion"), and Debtors' Response thereto (ECF No. 49). The Court has jurisdiction over this proceeding under 28 U.S.C. 157 and 1334. Venue is proper under 28 U.S.C....
OPINION RONALD B. KING, Chief Judge. In this adversary proceeding, the Plaintiffs (the "Purser Family") seek nondischargeability of multiple debts stemming from a state court judgment rendered against Jerry W. Scarbrough ("Debtor"). Debtor filed a Chapter 7 bankruptcy petition on June 25, 2012, the same day as a scheduled state court trial in Bell County, Texas (the "Bell County lawsuit") in which he was a third-party defendant. On June 26, 2012, the Court granted the Purser Family's motion...
MEMORANDUM OPINION ON MOTIONS FOR SUMMARY JUDGMENT TONY M. DAVIS , Bankruptcy Judge . In this case, the Court must determine whether certain debts must be deemed non-dischargeable due to the debtor's failure to disclose side profits he made on land deals in which he served as fiduciary for passive investors. This matter comes before the Court on the parties' extensively briefed cross-motions for summary judgment: • Plaintiffs' Combined Motion and Brief for Partial Summary Judgment on...
OPINION RONALD B. KING, Chief Judge. Martha L. Monaco and Adam L. Monaco (collectively "Debtors") were officers of an entity named Building by Monaco, Inc., d/b/a Monaco Homes ("BBM"), which specialized in residential construction. BBM filed a Chapter 7 case on August 14, 2009 (Case No. 09-53104). Martha L. Monaco filed a Chapter 7 case on October 27, 2009 (Case No. 09-54204), and her son, Adam L. Monaco, filed a Chapter 7 case on December 1, 2009 (Case No. 09-54772). Thereafter, Tag...
MEMORANDUM OPINION AND ORDER DENYING CHAPTER 7 TRUSTEE'S MOTION TO COMPEL THE DEBTORS TO TURN OVER ASSETS OF THE BANKRUPTCY ESTATE OF DINA YVONNE CUELLAR TO THE CHAPTER 7 TRUSTEE CRAIG A. GARGOTTA, Bankruptcy Judge. Came on to be considered the above-numbered bankruptcy case, and, in particular, the Chapter 7 Trustee's Motion to Compel the Debtors to Turn Over Assets of the Bankruptcy Estate of Dina Yvonne Cuellar to the Chapter 7 Trustee (ECF No. 63)(the "Motion"), and the Debtors' Response...
MEMORANDUM OPINION AND ORDER DENYING THE UNSECURED CREDITOR'S COMMITTEE'S "FIRST POST-CONFIRMATION APPLICATION FOR COMPENSATION OF FEES AND EXPENSES OF MARTIN & DROUGHT, P.C., AS COUNSEL FOR THE UNSECURED CREDITORS COMMITTEE AND TO ALLOW THE APPROVED FEES AS AN ADMINISTRATIVE EXPENSE UNDER 11 U.S.C. 503(b)(2)" CRAIG A. GARGOTTA, Bankruptcy Judge. Came on to be considered the above styled case and, in particular, the First Post-Confirmation Application for Compensation of Fees and Expenses...
