MEMORANDUM OPINION AND ORDER FRANK W. VOLK , Bankruptcy Judge . Pending is the motion to dismiss filed by the United States Trustee [Dckt. 78] ("Motion to Dismiss"). The Court GRANTS the Motion to Dismiss. I. The Debtor, Academy Animal Hospital, Inc. ("Academy"), petitioned for relief under Chapter 11 of the Bankruptcy Code on December 1, 2015. Academy operates a veterinary clinic in Saint Albans. This is a small business case under 11 U.S.C. 101(51D) and 101(51C). To reduce the...
MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART DEBTOR'S APPLICATION TO EMPLOY THE LAW OFFICES OF RICK GUERRA [Resolving ECF No. 42] EDUARDO V. RODRIGUEZ , Bankruptcy Judge . I. INTRODUCTION "The leading rule for the lawyer, as for the man of every calling, is diligence." 1 With that thought in mind, this Court must now assess whether a debtor's choice of special litigation counsel can practice with diligence, thereby satisfying the statutory requirements of the bankruptcy...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . On June 26, 2015, Rodney Tow, Trustee, filed this adversary proceeding against certain brokerages that provided proxy representation for holders of preferred stock in ATP, ("Brokerage Defendants"), and certain holders of preferred stock in ATP ("Preferred Stockholder Defendants"). At the time the initial complaint was filed, Tow did not have sufficient information to identify all of the Preferred Stockholder Defendants by name. (ECF No....
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . On September 30, 2016, Houston Bluebonnet, L.L.C. removed to this Court a state court action brought by Daniel R. Japhet et al ("Plaintiffs") that involved a dispute as to the proper interpretation of a 1919 oil and gas assignment between Dan A. Japhet and Humble Oil & Refining Co. (ECF No. 1 at 2-3). On October 5, 2016, Plaintiffs filed a motion for abstention and remand on the grounds of mandatory abstention under 28 U.S.C. 1334(c)...
MEMORANDUM OPINION GRANTING DEBTOR'S MOTION TO ENFORCE PLAN PROVISIONS [ Resolving ECF Nos. 144, 146 ] EDUARDO V. RODRIGUEZ , Bankruptcy Judge . I. INTRODUCTION The instant matter before this Court involves a secured creditor's attempt at unwringing the confirmation bell. Confirmation of a chapter 11 plan, which includes provisions for the reorganization, or in this case, the liquidation of a debtor, and dealing with the claims and interest of the various stakeholders is the pinnacle of...
MEMORANDUM OPINION LETITIA Z. PAUL , Bankruptcy Judge . The court has held an evidentiary hearing on confirmation of "Nuvira Hospitality Inc.'s First Amended Plan of Reorganization, Dated October 3, 2016" (Docket No. 47, as modified at Docket No. 63). The following are the Findings of Fact and Conclusions of Law of the court. A separate conforming Judgment will be entered. To the extent any of the Findings of Fact are considered Conclusions of Law, they are adopted as such. To the extent...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . This Memorandum Opinion resolves Shamrock Management, LLC's motion for relief from the automatic stay at ECF No. 967. In it motion, Shamrock seeks relief from the stay to file a lawsuit against the Platinum Parties 1 in Louisiana state court. On July 28, 2016, the Court held a hearing on Shamrock's motion. The Court instructed Shamrock to file a new proposed pleading that set forth allegations constituting a direct cause of action...
MEMORANDUM OPINION REGARDING TRUSTEE JOSEPH M. HILL'S APPLICATION FOR TRUSTEE COMPENSATION AND EXPENSES [Doc. No. 164] Jeff Bohm , United States Bankruptcy Judge . I. INTRODUCTION Chapter 7 trustees in this district have come to expect that their fee applications will be routinely approved without a hearing for the maximum amount allowed by 11 U.S.C. 326(a). 1 The Court issues this Memorandum Opinion to alert the panel trustees that the undersigned judge will not summarily approve...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . This Memorandum Opinion and accompanying Order resolves Diamond Offshore Company's motion to dismiss the complaints in intervention at ECF Nos. 258 and 344. On August 19, 2016, this Court issued a Report and Recommendation in which it concluded that a privilege under the Louisiana Oil Well Lien Act ("LOWLA") attaches to a subsequently transferred overriding royalty interest if the transferee was provided actual notice of the privilege...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . On May 31, 2016, Petroleum Products and Services, Inc. removed its state court lawsuit to recover payment for $1.5 million in outstanding debt from McClinton Energy Group, LLC to this Court. (ECF No. 1). On June 30, 2016, McClinton filed a motion to remand on the grounds of mandatory abstention under 28 U.S.C. 1334(c)(2), equitable remand and permissive abstention under 28 U.S.C. 1452(b) and 1334(c), and a lack of...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . The Chapter 7 Trustee timely objected to Richard K. Harris's amended claim of a homestead exemption for the property located at 14022 Dry Creek Ranch Road in Cypress, Texas. The matter was fully briefed by the parties. At oral argument on October 19, 2016, the central issue was crystalized. Harris mistakenly believes that a fraudulent conveyance recovered post-petition is restored as estate property as of the date on which it was...
MEMORANDUM OPINION DENYING DEFENDANT ADOLFO VELA'S MOTION FOR REMAND [ Resolving ECF No. 12 ] Eduardo V. Rodriguez , United States Bankruptcy Judge . I. INTRODUCTION Pending before the Court is a single motion, self-styled as "Motion for Remand," filed by Adolfo Vela (" Vela "), a defendant, on June 9, 2016. [ECF No. 2] (including as amended, the " Motion "); see also [ECF No. 12]. The Motion seeks to have this Court return the Adversary Proceeding, having been removed from the...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . High Standard Manufacturing Co., Inc. filed for chapter 11 bankruptcy on July 17, 2015. (ECF No. 1 at 2). Alan Aronstein filed four proofs of claim in the case. High Standard objects to each of these claims, arguing Aronstein is not owed any amounts of money and thus his claims should be disallowed. The Court disallows Aronstein's proofs of claim (Claims #5, 17, 18, and 19). Jurisdiction The district court has jurisdiction over this...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . This Memorandum Opinion resolves Chapter 13 Trustee Cindy Boudloche's objection to confirmation of Peggy Hall's Second Amended Chapter 13 Plan. (ECF Nos. 47; 45). Boudloche objects on the grounds that Hall's plan (1) fails to provide for equal treatment to creditors of the same (or substantially similar) class as required by 1322(a)(3), and (2) is not proposed in good faith as required by 1325(a)(3). (ECF No. 47)....
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Digital Signs Wizards, Inc. ("DSW") filed this adversary proceeding against Charles Buerger to except Buerger's debt to DSW from discharge pursuant to 11 U.S.C. 523(a)(6). DSW moves for summary judgment on the basis that collateral estoppel requires the Court to determine Buerger's debt to DSW to be nondischargeable under 523(a)(6). DSW's motion for summary judgment is granted. Jurisdiction The District Court has jurisdiction over...
MEMORANDUM OPINION LETITIA Z. PAUL , Bankruptcy Judge . The court has held a hearing on the "Application for Authority to Employ Special Counsel for the Trustee Pursuant to 11 U.S.C. 328(a)" (Docket No. 138) filed by the Trustee in the above captioned Chapter 7 case. The following are the Findings of Fact and Conclusions of Law of the court. A separate Judgment will be entered granting the application. To the extent any of the Findings of Fact are considered Conclusions of Law, they are...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . Debtor Petroleum Products & Services, Inc. d/b/a Wellhead Distributors International ("WDI") initially filed this lawsuit against Kana Energy Services, Inc. ("Kana") and Surface Supply, LLC ("Surface") in Texas state court. On May 5, 2016, the case was removed to this Court. WDI now moves to file an amended complaint. The Court grants WDI's motion. Jurisdiction The District Court has jurisdiction in this case pursuant...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Sharron and Stephen Waszkiewicz seek an award of $ $20,099.32 in fees and expenses for making a substantial contribution in this case. (ECF No. 107). Although there is no question that Sharron and Stephen Waszkiewicz made a substantial contribution, their efforts are not compensable. Accordingly, their motion must be denied. Background Kim Enloe filed a petition under chapter 7 of the Bankruptcy Code on November 14, 2014. In his...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . Donald Atencio and Wellhead Services, Inc. have moved for the Court to abstain from hearing this adversary proceeding pursuant to 28 U.S.C. 1334(c) and 28 U.S.C. 1452(b). Mandatory abstention pursuant to 28 U.S.C. 1334(c) is appropriate. Accordingly, this adversary proceeding will be remanded to the 113th District Court, Harris County, Texas. The automatic stay remains in effect. Background WDI provides a variety...
MEMORANDUM OPINION LETITIA Z. PAUL , Bankruptcy Judge . The court has held an evidentiary hearing on the "Motion to Extend Automatic Stay" (Docket No. 2) filed by the Debtor. The following are the Findings of Fact and Conclusions of Law of the court. A separate Judgment will be entered denying the motion. To the extent any of the Findings of Fact are considered Conclusions of Law, they are adopted as such. To the extent any of the Conclusions of Law are considered Findings of Fact, they...
