OPINION REGARDING MOTIONS TO DISMISS AND TO TRANSFER VENUE H. CHRISTOPHER MOTT , Bankruptcy Judge . This adversary proceeding pits a litigation trust created by a confirmed plan of reorganization (as Plaintiff) against former directors and officers of the chapter 11 Debtor (as Defendants). Plaintiff's claims revolve around alleged breaches of fiduciary duties by and avoidable transfers to the prior directors and officers of the Debtor. The underlying substance of the proceeding is...
ORDER DENYING PLAINTIFFS' MOTION TO AMEND JUDGMENT OR IN THE ALTERNATIVE FOR NEW TRIAL (ECF NO. 174) and DENYING DEFENDANTS' MOTION FOR RELIEF FROM JUDGMENT OR FOR NEW TRIAL(ECF NO. 175) CRAIG A. GARGOTTA , Bankruptcy Judge . Before the Court is "Plaintiffs' Motion to Amend Judgment or in the Alternative Motion for New Trial Pursuant to Bankruptcy Rule 9023 (FRCP 59(a) and 59(e)) in relation to Adversary Case 13-05083 for orders Dated July 23, 2015, Filed as Docket Nos. 69 and 70, and...
ORDER GRANTING DEBTOR'S MOTION FOR EMERGENCY HEARING ON APPLICATION FOR ALLOWANCE OF LEGAL FEES PURSUANT TO SECTION 503(b) CRAIG A. GARGOTTA , Bankruptcy Judge . On this date, came on to be considered, Debtor's Motion for Emergency Hearing on Debtor's Application for Allowance of Legal Fees Pursuant to Section 503(b). It appearing to the Court that said Motion should be granted; IT IS, THEREFORE, ORDERED that the Application for Allowance of Legal Fees Pursuant to Section 503(b) is...
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPROVAL OF DISCLOSURE STATEMENT AND CONFIRMATION OF THE CHAPTER 11 PLAN OF THE DEBTORS H. CHRISTOPHER MOTT , Bankruptcy Judge . On September 17 and 18, 2015, the Court conducted a hearing to consider confirmation of the Chapter 11 Plan of the Debtors (the " Plan ") (Docket No. 462) and the adequacy of the Disclosure Statement Under 11 U.S.C. 1125 in Support of the Chapter 11 Plan of the Debtors (the " Disclosure Statement ") (Docket No....
MEMORANDUM OPINION DENYING DEBTOR'S MOTION FOR CONTEMPT AND SANCTIONS FOR VIOLATION OF DISCHARGE ORDER (ECF NO. 40) CRAIG A. GARGOTTA , Bankruptcy Judge . Came on to be considered the above-captioned Chapter 7 case, and in particular, Debtor's Motion for Contempt and Sanctions for Violation of Discharge Order (ECF No. 40); the Response to Debtor's Contempt Motion (ECF No. 53); the Parties' Post Hearing Briefing and Proposed Findings of Fact and Conclusions of Law (ECF Nos. 58, 59, 60, 61);...
MEMORANDUM OPINION ON REMAND REGARDING AMENDED FINAL APPLICATION OF BARRON & NEWBURGER, P.C. FOR COMPENSATION AS ATTORNEYS FOR DEBTORS FROM MAY 4, 2010 TO APRIL 20, 2011 (ECF NO. 269) CRAIG A. GARGOTTA , Bankruptcy Judge . Came on to be considered the Amended Final Application of Barron & Newburger, P.C. 1 for Compensation as Attorneys for Debtors from May 4, 2010 to April 20, 2011 (ECF No. 269). For the reasons stated herein, the Court finds that B&N's Amended Final Application for...
OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Ronald B. King , Chief United States Bankruptcy Judge The issue before the Court is whether Texas Property Code section 52.042 takes away a judgment lienholder's secured status in a bankruptcy case, following the debtor's discharge under the Bankruptcy Code. The Court concludes that it does not. On April 7, 2015, the Court conducted a hearing on Plaintiff's Motion for Summary Judgment to determine the validity of Defendant'...
MEMORANDUM OPINION TONY M. DAVIS , UNITED STATES BANKRUPTCY JUDGE This case is here on remand from the Fifth Circuit, which ordered this Court to determine whether a foreclosure commission claimed by a substitute trustee and attorney fees claimed by a mortgagee, both of which this Court earlier held unreasonable under section 506, nonetheless can and should be allowed under section 502. As discussed below, the substitute trustee's claim is allowed under section 502 because the claim is...
Chapter 7 MEMORANDUM OPINION TONY M. DAVIS , UNITED STATES BANKRUPTCY JUDGE . In this case, a creditor seeks attorney's fees for prosecuting a nondischargeability action involving a diversion of construction funds. The Court awards $12,420 of the attorney's fees requested, as they are authorized by a Texas statute, and determines that the fees awarded are nondischargeable, as they arise from or are on account of conduct that resulted in a nondischargeable debt. 1 I. JURISDICTION...
