MEMORANDUM OPINION AND ORDER D. MICHAEL LYNN, Bankruptcy Judge. Before the court is the Trustee's Objection to Exemptions (the "Objection") filed on June 13, 2012, by chapter 7 trustee John Dee Spicer ("Trustee") objecting to the exemptions claimed by Marshal Perry ("Debtor"), f/d/b/a Diamond P Tree Mulching. The court heard argument and evidence concerning the Objection on September 13, 2012 (the "Hearing"). This matter is subject to the court's core jurisdiction. 28 U.S.C. 1334(a)...
MEMORANDUM OPINION DAVID R. JONES, Bankruptcy Judge. Lone Star, FLCA and Lone Star, PCA are the sole remaining creditors objecting to the Second Amended Joint Plan of Reorganization (as modified), filed and submitted for confirmation by debtors Arjen Wilhelmus Petrus Geijsel and Kimberly Kay Geijsel and debtor The Luckie Dutchman, LLC. The Geijsels, individually and through their wholly owned limited liability company, The Luckie Dutchman, LLC, own and operate a dairy; they — the Geijsels...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER CONFIRMING DEBTORS' MODIFIED FOURTH AMENDED JOINT CHAPTER 11 PLAN OF REORGANIZATION, DATED JUNE 1, 2012 [Related Docket No. 905] BARBARA J. HOUSER, Bankruptcy Judge. The Modified Fourth Amended Joint Chapter 11 Plan of Reorganization, Dated June 1, 2012 [Docket No. 905] (as may be further amended, modified, and/or supplemented, the " Plan ") 1 having been filed with this Court on June 1, 2012; and the Debtors' Plan Supplement [Docket No....
Memorandum Opinion HARLIN DEWAYNE HALE, Bankruptcy Judge. On March 2, 2012, Alejandro Francisco Sanchez-Mujica and Javier Arechavaleta Santos, acting as Foreign Representatives of the above-captioned debtor, Vitro, S.A.B. de C.V. ("Vitro SAB"), filed a Motion of Foreign Representatives of Vitro S.A.B. de C.V. for an Order Pursuant to 11 U.S.C. 105(a), 1507 and 1521 to (I) Enforce the Mexican Plan of Reorganization of Vitro S.A.B. de C.V., (II) Grant a Permanent Injunction, and (III)...
MEMORANDUM OPINION AND ORDER D. MICHAEL LYNN, Bankruptcy Judge. Before the court is the Amended First and Final Application for Allowance of Special Counsel's Fees (the "Application"), at docket no. 689, filed by Attorney Mark B. French on behalf of Cotten Schmidt & Abbott (the "Firm") for work done principally by Randall Schmidt ("Schmidt") as special counsel to the above-named debtors ("Debtors," and, respecting Broughton Ltd. Partnership, "Broughton") during their time as chapter 11...
OMNIBUS MEMORANDUM OPINION ROBERT L. JONES, Bankruptcy Judge. The Court addresses 37 motions filed in 20 lawsuits by 96 defendants, all of which seek dismissal of bankruptcy—based causes of action upon the authority of the Supreme Court's opinion in Stern v. Marshall, 564 U.S. ___, 131 S.Ct. 2594 , 180 L.Ed.2d 475 (2011) (" Stern "). 1 The motions assert other grounds for dismissal; this memorandum opinion addresses only the Stern -based grounds for dismissal. The suits include...
MEMORANDUM OPINION AND ORDER BARBARA J. HOUSER, Bankruptcy Judge. This adversary proceeding has an extensive procedural and substantive history, little of which bears repeating as it has been set forth at length in several prior Memorandum Opinions, see Docket Nos. 83, 480, 582, 738 and 806, and in the pleadings underlying over eighty motions that have been filed either by the plaintiff or by whom the Court has come to refer to in its prior opinions as the "Kornman Defendants" or the "...
MEMORANDUM OPINION AND SUMMARY JUDGMENT INDEPENDENT OF PARTIES' MOTIONS, PURSUANT TO FED. R. CIV. PRO. 56(f) STACEY G.C. JERNIGAN, Bankruptcy Judge. I. INTRODUCTION The above-referenced adversary proceeding (which has arisen, post-confirmation, in a bankruptcy case that involved an incomplete ethanol plant in Hereford, Texas) was commenced on October 27, 2010. The adversary proceeding has had a very busy procedural history since its filing, including: (a) a Defendant's Motion to Dismiss...
