MEMORANDUM OPINION REGARDING THE DEBTOR'S EMERGENCY MOTION TO SELL APPROXIMATELY 3.378 ACRES OF LAND LOCATED IN HOUSTON, HARRIS COUNTY, TEXAS FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND OTHER INTERESTS Jeff Bohm , United States Bankruptcy Judge . I. INTRODUCTION In this single asset real estate case, a dispute has arisen over whether a portion of the estate's sole asset — a tract of raw land — should be sold pursuant to an emergency motion rather than through a plan of...
MEMORANDUM OPINION OVERRULING, IN PART, AND SUSTAINING, IN PART, THE INTERNAL REVENUE SERVICE'S OBJECTION TO DEBTORS' PLAN AND DECLARING THAT PROBATE ESTATE ASSETS ARE PROPERTY OF THE BANKRUPTCY ESTATE Resolving ECF No. 136 Eduardo V. Rodriguez , United States Bankruptcy Judge . I. INTRODUCTION The Court faces a unique issue of first impression in the instant case where it must determine the extent to which Debtors' interests in a probate estate should be considered as property of...
MEMORANDUM OPINION OVERRULING IN PART AND SUSTAINING IN PART TRUSTEE'S OBJECTION TO CONFIRMATION & DENYING CONFIRMATION OF DEBTORS' CHAPTER 13 PLAN Resolving ECF Nos. 19, 28 Eduardo V. Rodriguez , United States Bankruptcy Judge . I. INTRODUCTION It is well known that bankruptcy has two primary public policy objectives. The first is to promote equality of distribution among similarly situated creditors. The second is to afford the debtor a fresh economic start. These goals of...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Alliance Special Ventures Fund, LLC ("Alliance") filed a proof of claim asserting secured maritime liens against Offshore Specialty Fabricators LLC's ("OSF") vessels the "Swing Thompson" and "William Kallop." OSF objected to the claim, arguing that Alliance's liens were invalid because Alliance was involved in a joint venture with OSF when the liens were incurred. For bidding estimation purposes, Alliance's lien is allowed in part and...
MEMORANDUM OPINION AND ORDER ON DEBTOR'S OBJECTION TO CLAIM NO. 7 OF EVEREST BUSINESS FUNDING, AND OBJECTION TO CLAIM NO. 8 OF ACCORD BUSINESS FUNDING, LLC. KAREN K. BROWN , Bankruptcy Judge . Before the Court are Debtor's Objection to Proof of Claim No. 7 of Everest Business Funding Partners, LLC. (Docket No. 95), and Objection to Proof of Claim No. 8 of Accord Business Funding, LLC. (Docket No. 96). Debtor is a home healthcare agency that offers personal assistance services. Debtor's...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Retova Resources, L.P. filed a motion seeking an order under Federal Rule of Bankruptcy Procedure 9014 directing that Federal Rule of Bankruptcy Procedure 7023 ( i.e., class certification) is applicable to Retova's application for allowance and payment of its administrative priority claim. Retova also seeks class certification of a putative class consisting of oil and gas royalty interest holders. Retova alleges that Vanguard Operating,...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Nicole Jimenez alleges Navient Solutions, LLC violated the discharge injunction granted at the completion of her chapter 13 case. Jimenez also seeks to have her student loans discharged because of undue hardship. Navient filed a motion to dismiss Jimenez's complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. Navient's motion to dismiss is denied. Background Jimenez filed...
MEMORANDUM OPINION DAVID R. JONES , UNITED STATES BANKRUPTCY JUDGE . The final question presented in connection with the Court's confirmation of two complex and heavily negotiated plans in these jointly administered cases is relatively simple — are the Debtors' secured lenders entitled to payment of postpetition default interest The Debtors' secured lenders assert that the terms of the two confirmed plans unambiguously allow for the payment of postpetition default interest as provided...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . Wilmington Savings Fund Society filed a motion for summary judgment to determine the validity and extent of the Deed of Trust it holds on real property now owned by Enrique and Shannon Garza. Wilmington's motion for summary judgment is granted. Background The Garzas purchased a home located at 8210 Piping Rock Street in Baytown, Texas, on November 9, 2007. (Case No. 15-80446, ECF No. 56 at 3). To finance their purchase,...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . Hartford Casualty Insurance Company and Joseph D. Martinec, the Chapter 7 Trustee, filed cross motions for summary judgment to determine Hartford's liability as surety for the actions of Steve Smith, the previous Chapter 7 Trustee who was removed for breaching his fiduciary duty to the IFS Financial bankruptcy estate. Hartford's motion for summary judgment is denied and Martinec's motion for partial summary judgment is...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Allison D. Byman, as Chapter 7 Trustee for Tradax Energy, Inc. (the "Debtor"), filed this adversary proceeding against Walter Huybregts, Tradax Green Energy, LLC, and The Huybregts Family Trust: to recover damages for anticipatory breaches of multiple contracts; to recover monies fraudulently transferred from the Debtor; to obtain judgments against Huybregts and Tradax Green Energy for actual and constructive fraudulent transfers; to...
MEMORANDUM OPINION GRANTING DEBTORS' MOTION TO CONVERT TO CHAPTER 13 Resolving ECF No. 24 EDUARDO V. RODRIGUEZ , Bankruptcy Judge . I. INTRODUCTION The instant matter presents the Court with the occasion to consider whether debtors who transferred a rental property to their daughter four and a half years pre-petition are acting in good faith by seeking conversion from a chapter 7 bankruptcy to a chapter 13. This Court considers the pleadings, the arguments presented by the parties,...
ORDER DENYING MOTION FOR RECONSIDERATION AND AWARDING SANCTIONS KAREN K. BROWN , Bankruptcy Judge . Before the Court are the "Motion for an Order Finding Stewart A. Feldman in Civil Contempt" (Docket No. 69) and the "Plaintiff's Motion for Reconsideration, for a New Trial or to Alter or Amend a Judgment" (Docket No. 71). The Court entered its Memorandum Opinion dismissing this adversary proceeding because the Plaintiff commenced it in violation of an injunction prohibiting the filing of...
MEMORANDUM OPINION AND ORDER KAREN K. BROWN , Bankruptcy Judge . The Chapter 7 Trustee objected to the proofs of claim filed by 22 prepetition investors in the Debtor on grounds they were duplicates and represented equity interests rather than unsecured claims. (Docket No. 252). The Trustee reached a settlement with 18 of the prepetition investors and filed a motion for compromise. (Docket No. 263). On the day of a combined hearing on the motion for compromise and the claim objection, Don...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Fuqua Construction Company filed a motion for partial summary judgment seeking to determine the validity and priority of its mechanic's and constitutional liens for work performed while constructing a building for Rotary Drilling Tools. Fuqua's motion for partial summary judgment is denied. Background Rotary Drilling Tools manufactures and supplies the oil and gas industry with piping and drilling materials. (ECF No. 34 at 2). On...
MEMORANDUM OPINION IN SUPPORT OF CERTIFICATION OF A DIRECT APPEAL TO THE COURT OF APPEALS MARVIN ISGUR , 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) and is governed by Federal Rule of Bankruptcy Procedure 8006. Facts and Law Establishing this Court's Authority Pursuant to Rule...
MEMORANDUM OPINION DENYING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT Resolving ECF Nos. 65, 66, 67, 69 EDUARDO V. RODRIGUEZ , Bankruptcy Judge . I. INTRODUCTION The law frowns on granting litigants a second bite at the proverbial apple in their case. Here, whether intentional or by mistake, Defendants have filed multiple motions for summary judgment despite a prior ruling on summary judgment motions. The issue before this Court is whether Defendants should be allowed to take a...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . The estate of Jane Japhet Guinn et al. (the "Japhets") and Henry R. Hamman et al. (the "Hammans") filed a motion for approval of certain pleadings and other filings as their respective informal proofs of claim in the chapter 11 bankruptcy of Houston Bluebonnet, L.L.C. The Japhets and Hammans argue that their pleadings, motions, orders, and other documents filed in Houston Bluebonnet's bankruptcy case and in actions...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . This Memorandum Opinion and accompanying Order resolves Windmill Run Associates' and Fannie Mae's cross motions for reconsideration and clarification. Windmill's motion to clarify is granted and Fannie Mae's is denied. Background Windmill owned and managed a low-income apartment complex in Sweeny, Texas, which was financed through a loan from Fannie Mae. In re Windmill Run Assoc., Ltd., 566 B.R. 396 , 402 (Bankr. S.D. Tex. 2017)....
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR RELIEF FROM STAY, ABATING DEBTOR'S MOTION TO AVOID LIEN AND GRANTING SANCTIONS AGAINST OVATION RENTALS. LLC. KAREN K. BROWN , Bankruptcy Judge . Before the Court are Ovation Rentals, LLC's (Ovation) motion for relief from stay (Docket No. 46) and Debtor's response (Docket No. 47) requesting avoidance of Ovation Rentals, LLC's lien and sanctions for violation of the automatic stay. Following a hearing and review of the evidence the Court...
