MEMORANDUM OPINION BARBARA J. HOUSER, Bankruptcy Judge. The Court tried this adversary proceeding (the "Adversary") on November 7-8, 2011. Plaintiff, Anjum A. Farooqi ("Farooqi"), is an individual residing in Irving, Texas, who moved to Texas from New York City with the hope of purchasing a Salad Bowl Cafe. Defendant, Michael David Carroll ("Carroll"), is an individual residing in Irving, Texas, who filed for relief under chapter 13 of the Bankruptcy Code on February 14, 2011. At the...
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW BARBARA J. HOUSER, Bankruptcy Judge. Before the Court are several motions to dismiss the second amended complaint (the "Complaint") filed by Diane G. Reed as chapter 7 trustee (the "Trustee") of the estates of four related chapter 7 debtors (the "Debtors"). The Debtors, together with other affiliates, filed voluntary petitions for relief under chapter 7 on August 22, 2008. The four debtors on whose behalf the Trustee filed the Complaint are...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO VACATE BARBARA J. HOUSER, Bankruptcy Judge. Before the Court is the "Certain Defendants Motion to Vacate Final Judgment Pursuant to Fed.R.Civ.P. 60(b)(4) and Fed. R. Bankr.P. 9024" (the "Motion") filed by Defendants Gary M. Kornman, Steadfast Investments, L.P., GMK Family Holdings, LLC, Strategic Leasing, L.P., Executive Aircraft Management, L.L.C., Tickchik Investment Partnership, L.P., Executive Air Crews, L.L.C., Financial Marketing...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER (I) APPROVING THE DEBTORS' DISCLOSURE STATEMENT AND (II) CONFIRMING THE DEBTORS' FIRST AMENDED JOINT PLAN OF REORGANIZATION UNDER CHAPTER 11 OF THE BANKRUPTCY CODE STACEY JERNIGAN, Bankruptcy Judge. WHEREAS the above captioned debtors and debtors in possession (the " Debtors "), have jointly proposed and filed with the United States Bankruptcy Court for the Northern District of Texas, Dallas Division (the " Court ") the Debtors' First Amended...
MEMORANDUM OPINION D. MICHAEL LYNN, Bankruptcy Judge. Before the court is the Second Amended Plan of Reorganization of Village at Camp Bowie I, L.P. (the "Plan"). 1 Confirmation of the Plan was opposed by Western Real Estate Equities, LLC ("Western"), which filed its Objection to Confirmation of the Debtor's Second Amended Plan of Reorganization and Renewed Motion for Relief from the Automatic Stay (the "Objection"), including authorities supportive of the Objection. Debtor then filed...
MEMORANDUM OPINION AND ORDER BARBARA J. HOUSER, Bankruptcy Judge. Before the Court is Three Way Street Management, LLC's ("Three Way") Motion for Allowance of Post-Petition Rent As An Administrative Expense Under 11 U.S.C. 503 (the "Motion"). Imperial Beverage Group, LLC ("Imperial"), the debtor in this chapter 11 case, opposes the Motion. The Court has jurisdiction over the parties and the issues raised in the Motion pursuant to 28 U.S.C. 1334 and 157(b). This Memorandum Opinion and...
MEMORANDUM OPINION ON DEFENDANTS' MOTION TO DISMISS HARLIN DEWAYNE HALE, Bankruptcy Judge. This opinion deals with the issue of whether a debtor in possession can avoid a pre-petition real property foreclosure on the grounds that the foreclosure constituted a preferential transfer, even though the foreclosure sale complied with state law and was non-collusive. On April 29, 2011, Defendants filed their Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted ("Motion to...
MEMORANDUM OPINION BARBARA J. HOUSER, Bankruptcy Judge. The Court tried this adversary proceeding on May 9, 2011. 1 The Court has jurisdiction over the parties and the subject matter pursuant to 28 U.S.C. 1334 and 157(b). This Memorandum Opinion contains the Court's findings of fact and conclusions of law. Fed. R. Bankr.P. 7052. This dispute has a complicated factual and procedural history, some of which is more fully set forth in (i) the Court's Memorandum Opinion and Order dated...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF JUDGMENT DECLARING: (A) INAPPLICABILITY OF EQUITABLE SUBROGATION DOCTRINE AS TO PROSPER BANK; AND (B) PRIORITY OF LIEN OF COMERICA BANK STACEY G.C. JERNIGAN, Bankruptcy Judge. CAME ON BEFORE THIS COURT, on June 20, 2011, a Trial in the above-referenced adversary proceeding ("Adversary Proceeding"). The following constitutes the court's findings of fact and conclusions of law, pursuant to F.R.B.P. 7052, after the court's deliberation on...
MEMORANDUM OPINION ON MOTION FOR PRELIMINARY INJUNCTION HARLIN DeWAYNE HALE, Bankruptcy Judge. On April 26, 2011, Alejandro Francisco S nchez-Mujica, as the Foreign Representative of the above-captioned Debtor, 1 Vitro, S.A.B. de C.V. ("Vitro SAB") in: (a) the Voluntary Mexican Proceeding commenced on December 13, 2010 under the Mexican Business Reorganization Act and currently pending before the District Court of Nuevo Le n; and (b) this Chapter 15 Case, filed his motion (the "Motion"),...
MEMORANDUM OPINION BARBARA J. HOUSER, Bankruptcy Judge. The Court tried this adversary proceeding (the "Adversary") on April 13 through 15, and April 20, 2011. The last of the post-trial briefs was submitted on April 28, 2011, following which the Court took the matter under advisement. Plaintiff, The Ward Family Foundation (the "Foundation"), is a non-profit corporation that uses the income earned on its investments to support a number of charitable causes. Defendant, Christopher Adam...
MEMORANDUM OPINION AND ORDER BARBARA M.G. LYNN, Bankruptcy Judge. Before the court is the Reorganized Debtors' Motion for Summary Judgment on All Future Damages Claims because such Claims are Barred by Settlement and Release, Accord and Satisfaction, Judicial Estoppel, and Equitable Estoppel, and Do Not Qualify for Administrative Expense Priority (the "Motion"), filed by Pilgrim's Pride Corporation ("PPC"), PFS Distribution Company, PPC Transportation Company, To-Ricos, Ltd., To-Ricos...
MEMORANDUM OPINION BARBARA J. HOUSER, Bankruptcy Judge. Before the Court is a motion to dismiss (the "Motion") the complaint in this adversary proceeding pursuant to Fed. R. Bankr.P. 7012. The Motion is filed by Gary M. Kornman, Eagle View Capital Management, LLC, Financial Marketing Services, Inc., 618 BR, LLC, TL Marketing, LLC, Valiant Investments 94-1, LP, Valiant Investments 94-3, LP, Valiant Investments 94-5, LP, Valiant Investments 94-6, LP, Valiant Investments 95-4, LP, Valiant...
MEMORANDUM OPINION ROBERT L. JONES, Bankruptcy Judge. On September 30, 2010, the Court entered its Memorandum Opinion finding Liberty Mutual Insurance Company (Liberty Mutual) liable to the bankruptcy estate of Robert and Tina Schooler for $112,247.66. [Dkt. No. 58]. In its opinion, the Court did not determine whether Liberty Mutual should pay prejudgment interest. Now before the Court is the request of Lamesa National Bank (LNB) for prejudgment interest and Liberty Mutual's objection...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF: (A) ORDER DENYING DEBTOR'S MOTION TO EXCHANGE 12.0717 ACRES OF EAGLE CREST PROPERTY WITH 2.961 ACRES OWNED BY FARMERS BRANCH LOCAL GOVERNMENT CORPORATION PURSUANT TO 11 U.S.C. 363 [DE # 78]; AND (B) ORDER DENYING MOTION FOR RELIEF FROM AUTOMATIC STAY OF BANK OF AMERICA, N.A., CONDITIONAL ON CERTAIN ADDITIONAL ADEQUATE PROTECTION BEING PROVIDED TO IT, AND OTHER RELIEF [DE # 62] STACEY G.C. JERNIGAN, Bankruptcy Judge. CAME ON FOR...
MEMORANDUM OPINION D. MICHAEL LYNN, Bankruptcy Judge. Before the court are Debtors' Motion for Partial Summary Judgment on Alleged Violations of the Packers and Stockyards Act, 1921 (the "Debtors' MSJ") and North Carolina Claimants' Motion for Partial Summary Judgment against Reorganized Debtors for Violations of the Packers & Stockyards Act and the North Carolina Deceptive Trade Practices Act (the "N.C. Growers' MSJ" and, with the Debtors' MSJ, the "Motions"). The Motions address claims...
MEMORANDUM OPINION 1 IN SUPPORT OF: (A) JUDGMENT OF NONDISCHARGEABLE DEBT OWED BY DEBTOR TO TIFFANY MULLEN, PURSUANT TO 11 U.S.C. 523(a)(4); AND (B) SEPARATE JUDGMENT THAT DEBTOR SHOULD BE DENIED HIS GENERAL DISCHARGE PURSUANT TO 11 U.S.C. 727(a)(2)(A) AND 727(a)(4)(A) STACEY G.C. JERNIGAN, Bankruptcy Judge. I. INTRODUCTION This Adversary Proceeding was brought jointly by two Plaintiffs. Both Plaintiffs urge that the above-referenced Defendant, a Chapter 7 debtor, should be...
