MEMORANDUM OF DECISION 1 BILL PARKER , Bankruptcy Judge . ON THIS DATE the Court considered the Supplemental Motion for Partial Summary Judgment (the "Motion") filed by the Plaintiff, Boyington Capital Group, LLC ("Plaintiff") in the above referenced adversary proceeding. The Plaintiff filed its "Complaint to Determine the Dischargeability of Debtor Randall Lee Haler" on September 21, 2010, 2 seeking to have the debt owed to it by the Debtor-Defendant, Randall Haler ("Haler," "Defendant,...
MEMORANDUM OF DECISION REGARDING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 1 BILL PARKER , Chief Bankruptcy Judge . This matter came before the Court upon a Motion for Summary Judgment filed by the Plaintiff, Michael R. Healey, as the substituted Plaintiff in this proceeding through his official capacity as the Executor of the Estate of Edwin N. "Bud" Healey, deceased. 2 No response in opposition was timely filed to the Motion by the Debtor-Defendant, Edwin Peter Healey. The Plaintiff's...
MEMORANDUM OPINION AND ORDER ON TRUSTEE'S MOTION TO DISMISS BRENDA T. RHOADES , Bankruptcy Judge . On April 18, 2018, the Court heard the Motion to Dismiss Case [Dkt. 25] filed by Carey D. Ebert, the Standing Chapter 13 Trustee. The trustee sought to dismiss this case on the grounds that the debtors' unsecured debts exceed the eligibility limits of 11 U.S.C. 109(e) and, therefore, the Debtors do not qualify for relief under chapter 13. The debtors' counsel appeared at the hearing on...
MEMORANDUM OPINION REGARDING MOTION TO AWARD APPELLATE ATTORNEY'S FEES AND ADDITIONAL EXPENSES BRENDA T. RHOADES , Bankruptcy Judge . This proceeding is before the Court on the defendants' motion for an award of the fees and expenses they incurred on appeal. The plaintiff opposes the request. The Court, having reviewed the defendants' motion, the plaintiff's opposition, 1 and the relevant legal authorities, makes the following findings of fact and conclusions of law. See FED. R. BANKR....
MEMORANDUM OF DECISION BILL PARKER , Chief Bankruptcy Judge . ON THIS DATE the Court considered the Plaintiffs' Motion for Summary Judgment (the "Motion") filed by the Plaintiffs, Brandi Bruce and Todd Short (the "Plaintiffs"), in the above-referenced adversary proceeding. The original complaint filed in this adversary proceeding claims that the respective debts owed to the Plaintiffs by the Debtor-Defendants, Harold A. Long and Georgia P. Long (the "Defendants"), should be declared...
MEMORANDUM OPINION AND ORDER OVERRULING IN PART AND SUSTAINING IN PART TRUSTEE'S OBJECTION TO DEBTORS' EXEMPTIONS BRENDA T. RHOADES, SR. , Bankruptcy Judge . This matter is before the Court following a hearing on January 30, 2018 on the Objection to Exemptions (the " Objection ") filed by the Chapter 7 Trustee, Mark A. Weisbart (the " Trustee "). The Trustee objects to the categorization of certain artwork as exempt "home furnishings" under Texas Property Code 42.001(a) by Tracy Westen...
MEMORANDUM OPINION AND ORDER OVERRULING IN PART AND SUSTAINING IN PART TRUSTEE'S OBJECTION TO DEBTORS' EXEMPTIONS BRENDA T. RHOADES , Bankruptcy Judge . This matter is before the Court following a hearing on January 30, 2018 on the Objection to Exemptions (the "Objection") filed by the Chapter 7 Trustee, Mark A. Weisbart (the " Trustee "). The Trustee objects to the categorization of certain artwork as exempt "home furnishings" under Texas Property Code 42.001(a) by Tracy Westen and...
MEMORANDUM OF DECISION THE HONORABLE BILL PARKER , CHIEF UNITED STATES BANKRUPTCY JUDGE . Before the Court for consideration is a Motion for Relief from Judgment filed by the Debtor-Defendant, Leo Edward Whelan (the "Defendant") pursuant to Rule 60 of the Federal Rules of Civil Procedure, made applicable to this bankruptcy adversary proceeding by Fed. R. Bankr. P. 9024, and the objection filed thereto by the Plaintiff, Bill Huddleston (the "Plaintiff"). Based upon the Court's...
