ORDER DENYING DEFENDANTS' MOTION TO DESIGNATE ITEMS TO BE INCLUDED IN THE RECORD ON APPEAL OUT OF TIME (ECF NO. 639) CRAIG A. GARGOTTA , UNITED STATES BANKRUPTCY JUDGE . Came on to be considered Defendants' Motion to Designate Items to be Included in the Record on Appeal Out of Time (the "Motion") (ECF No. 639) 1 and the Plaintiffs' Response (the "Response") (ECF No. 642). For the reasons stated herein, the Motion is DENIED. PROCEDURAL BACKGROUND Plaintiffs commenced this action by...
OPINION RONALD B. KING , Chief Bankruptcy Judge . At issue is whether this Court should approve the chapter 7 trustee's proposed settlement of a personal injury claim against a co-debtor's employer arising out of an injury suffered by the co-debtor during the course of her employment. Because the Court finds that the settlement is not "fair and equitable" as required by cases interpreting Rule 9019, the Court will deny the Joint Motion Under Fed. R. Bankr. P. 9019(a) to Approve Compromise...
ORDER DENYING DEBTOR'S MOTION FOR RECONSIDERATION OF ORDER CONVERTING THIS CASE TO A CHAPTER 7 (ECF NO. 55) CRAIG A. GARGOTTA , UNITED STATES BANKRUPTCY JUDGE . Came on for consideration Debtor's Motion for Reconsideration of Order Converting This Case to a Chapter 7 (ECF No. 55) ("Motion for Reconsideration"). The chapter 7 trustee ("Trustee") filed Trustee's Response to the Debtor's Motion for Reconsideration of Order Converting This Case to a Chapter 7 (ECF No. 72) ("Trustee's Response"...
MEMORANDUM OPINION CRAIG A. GARGOTTA , Bankruptcy Judge . This Memorandum Opinion resolves the above-referenced adversary proceeding in which the Court conducted a one-day trial on July 24, 2019, before taking the matter under advisement. The Court has reviewed the entire record before it; including all admitted exhibits and weighed the testimony of the witness who testified. JURISDICTION This Court has jurisdiction to enter a final order with regard to matters presently under submission...
ORDER SUSTAINING IN PART, OVERRULING IN PART, AND MOOTING IN PART, AMENDED OBJECTION OF JOSE C. RODRIGUEZ, TRUSTEE, TO DEBTOR'S CLAIMS TO EXEMPTIONS (ECF NO. 182), SUSTAINING IN PART, OVERRULING IN PART, MOOTING IN PART, AND DENYING IN PART FIRST, AMENDED OBJECTION OF KEY EQUIPMENT FINANCE TO DEBTOR'S CLAIMS OF EXEMPTIONS (ECF NO. 183), AND SUSTAINING IN PART, AND OVERRULING IN PART SNH NS MTG PROPERTIES 2 TRUST'S AMENDED OBJECTIONS TO THE DEBTOR'S CLAIMS OF EXEMPTIONS (ECF NO. 184) CRAIG A....
OPINION RONALD B. KING , Chief Bankruptcy Judge . The question in this case is whether an assignment of a domestic support obligation caused the claim to become a general unsecured claim rather than a priority claim. Based on the facts in this case, the Court finds that the claim retains its priority status because the assignment was "for the purpose of collecting the debt." See 11 U.S.C. 101(14A)(D). After more than 14 years of marriage, Brenda Pescini filed a petition for...
SUPPLEMENTAL OPINION FOLLOWING REMAND RONALD B. KING , Chief Bankruptcy Judge . The Bankruptcy Code provides that a debt "for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny" is nondischargeable. 11 U.S.C. 523(a)(4). In its original Judgment and Opinion, this Court concluded that a portion of Jorge Quiroz Hernandez's (hereinafter "Mr. Quiroz") debt to Ms. Lopez was not dischargeable under 523(a)(4). Lopez v. Hernandez (In re Quiroz Hernandez), No....
ORDER CORRECTING ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 48) PURSUANT TO FED. R. BANKR. P. 9024 CRAIG A. GARGOTTA , Bankruptcy Judge . On this date came on to be considered the above-styled adversary proceeding and, in particular, the Order Granting Plaintiff's Motion for Summary Judgment (ECF No. 48) (the "Order"). The Court, having reviewed the file and record in the case, finds that the Order contains a clerical error and should be corrected upon the Court's own...
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 44) CRAIG A. GARGOTTA , UNITED STATES BANKRUPTCY JUDGE . Came on for consideration the above numbered adversary proceeding and, in particular, Plaintiff's Motion for Summary Judgment (ECF No. 44), 1 Defendant's Affidavit in Response to Plaintiff's Motion for Summary Judgment (ECF No. 46) ("Affidavit in Response"), and Plaintiff's Reply to Defendant's Affidavit in Response to Plaintiff's Motion for Summary Judgment (ECF No....
MEMORANDUM OPINION IN SUPPORT OF CERTIFICATION OF A DIRECT APPEAL TO THE FIFTH CIRCUIT COURT OF APPEALS CRAIG A. GARGOTTA , Bankruptcy Judge . This Memorandum Opinion is issued in support of a Certification of a Direct Appeal to the United States Court of Appeals for the Fifth Circuit. STATUTORY AND RULE AUTHORITY This certification is made pursuant to 28 U.S.C. 158(d)(2). 1 This certification is governed by Fed. R. Bankr. P. 8006. 2 FACTS AND LAW ESTABLISHING THIS COURT'S...
ORDER GRANTING IN PART, DENYING IN PART, DEFENDANT'S MOTION TO DISMISS FIRST AMENDED COMPLAINT FOR FAILURE TO STATE CAUSE(S) OF ACTION PURSUANT TO RULE 12(B)(6) (ECF NO. 12) CRAIG A. GARGOTTA , UNITED STATES BANKRUPTCY JUDGE . On December 31, 2018, Defendant Davis Cedillo & Mendoza, Inc. ("Defendant" or "DCM") filed its Motion to Dismiss First Amended Complaint For Failure to State Cause(s) of Action Pursuant to Rule 12(b)(6)(ECF No. 12)(the "Motion"). 1 On January 21, 2019, Plaintiff...
ORDER GRANTING IN PART, AND DENYING IN PART, THE TRUSTEE OF THE BERGERUD HERITAGE TRUST'S MOTION TO DISMISS THE ORIGINAL COMPLAINT OF PLAINTIFF JOSE RODRIGUEZ, IN HIS CAPACITY AS CHAPTER 7 TRUSTEE OF THE ESTATE OF STEVEN JEFFREY CYR (ECF NO. 72) AND DENYING LE ANN MARY CYR'S MOTION TO DISMISS THE ORIGINAL COMPLAINT OF PLAINTIFF JOSE RODRIGUEZ, IN HIS CAPACITY AS CHAPTER 7 TRUSTEE OF THE ESTATE OF STEVEN JEFFREY CYR (ECF NO. 99) CRAIG A. GARGOTTA , UNITED STATES BANKRUPTCY JUDGE . On...
MEMORANDUM OPINION TONY M. DAVIS , Bankruptcy Judge . A borrower says that her home equity loan violated the 80% loan to value ratio in the Texas Constitution. Because of this, she argues, the lender must forfeit all principal and interest due under the loan, and its lien should be declared void. The lender now moves for a summary judgment that these claims fail because of the statute of limitations, quasi-estoppel, and the Texas Constitution's safe harbor provision. I. FACTS In...
MEMORANDUM OPINION GRANTING, IN PART AND DENYING, IN PART AGENT'S MOTION FOR SUMMARY JUDGMENT AND ALTERNATIVE MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF NO. 89) CRAIG A. GARGOTTA , Bankruptcy Judge . Came on for consideration Agent's Motion for Summary Judgment and Alternative Motion for Partial Summary Judgment 1 (ECF No. 89) ("Motion for Summary Judgment"), Agent's Appendix of Facts in Support of Motion for Summary Judgment and Agent's Supplement to: Motion for Summary Judgment and...
OPINION Ronald B. King , Chief United States Bankruptcy Judge . Buffets, LLC, and its affiliates * ("Debtors" or, post-confirmation, "Reorganized Debtors") filed voluntary chapter 11 petitions on March 7, 2016. On April 27, 2017, the Debtors confirmed a plan and were substantively consolidated. The plan and confirmation order provide for payment of quarterly fees to the United States trustee (UST). In October 2017, Congress amended Title 28, section 1930, to provide for an 833 percent...
ORDER DENYING DEBTOR'S MOTION TO MODIFY PLAN POST-CONFIRMATION IN RESPONSE TO TRUSTEE'S MOTION TO DISMISS, TO ADD POST-PETITION MORTGAGE ARREARS AND FIRST REQUEST FOR ADDITIONAL ATTORNEY'S FEES (ECF NO. 21) CRAIG A. GARGOTTA , Bankruptcy Judge . This is the Court's Order on Debtor's Motion to Modify Plan Post-Confirmation in Response to Trustee's Motion to Dismiss, To Add Post-Petition Mortgage Arrears and First Request for Additional Attorney's Fees (ECF No. 21). On August 7, 2018, the...
