MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . Alta Mesa Holdings, LP contracted with Kingfisher Midstream, LLC to transport Alta Mesa's oil and gas over gathering systems to be constructed by Kingfisher. Because Kingfisher's rights under the gathering agreements "run with the land," the gathering agreements between Alta Mesa and Kingfisher are not subject to rejection under section 365 of the Bankruptcy Code. Summary judgment on the issue of rejection is granted to...
MEMORANDUM OPINION (Docket Nos. 1630 and 1635) DAVID R. JONES , Bankruptcy Judge . Seadrill Limited ("Seadrill") seeks an order barring Chevy Thornton ("Thornton") from continuing to prosecute certain personal injury claims arising out of a pre-petition accident and requiring the immediate dismissal of all pending litigation. Thornton objects to Seadrill's request and asserts that the Court's confirmation order violates his due process. Thornton also seeks authority to file a proof of...
ORDER MARVIN ISGUR , Bankruptcy judge . For the reasons set forth in the Memorandum Opinion issued on this date, Jonah LLC, et al . is entitled to be paid the wellhead value of production as to Classes 2, 3, and 4. A final evidentiary trial establishing the amount, if any, owed by Ultra to Jonah will be conducted on March 2, 2020 at 9:00 a.m. Not later than February 14, 2020 at 5:00 p.m., Jonah and Ultra must each file a proposed calculation of any unpaid amounts owed by Ultra, based on...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . Jonah LLC 1 et al owns overriding royalty interests ("ORRIs") carved out of federal oil and gas leases in the Pinedale Field in Sublette County, Wyoming. Ultra Petroleum Corp. 2 is the operator under the leases. The other defendants are Ultra affiliates. The dispute in this adversary proceeding concerns the method of calculation of the payments required to be made by Ultra pursuant to Jonah's ORRIs. On April 29,...
MEMORANDUM OPINION (Docket No. 71) DAVID R. JONES , Bankruptcy Judge . David Hamilton ("Hamilton"), Solidarity Group, LLC ("Solidarity Group") and Solidarity Investments, LLC ("Solidarity Investments") object to the proof of claim filed by Houston International Hospitality, LLC ("HIH") in this case. After considering the evidence, the briefs and the arguments of counsel, the Court sustains the objection as set forth below. Relevant Background Solidarity Contracting, LLC ("Solidarity")...
MEMORANDUM OPINION DENYING BDFI, LLC's RENEWED MOTION TO CANCEL LIS PENDENS Resolving ECF No. 114 Eduardo V. Rodriguez , United States Bankruptcy Judge . I. INTRODUCTION Generally, the doctrine of lis pendens provides that if a third party acquires an interest in property which is at that time subject to litigation, the third party takes the property subject to the final outcome of the litigation. Stated differently, if a court awards a plaintiff rights in a property, the...
CIVIL CONTEMPT ORDER MARVIN ISGUR , Bankruptcy Judge . For the reasons set forth in the Court's Memorandum Opinion issued on this date, the Court Orders: 1. Tamara Turner must commit herself to the custody of the United States Marshal, located in Suite 10017 on the 10th floor of the Bob Casey United States Courthouse, 515 Rusk Avenue Houston, TX, on or before 10:00 a.m. on October 28, 2019. If she fails to comply with the first sentence of this paragraph, the United States Marshal is...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Pursuant to a default judgment, the Court required Tamara Turner to turn over possession of a 2012 Audi A7 and a 2015 Cadillac Escalade to Kar Market. Ms. Turner failed to do so, and Kar Market moved for contempt. The Court granted the motion and issued an arrest warrant. The U.S. Marshals took Ms. Turner into custody shortly thereafter. Ms. Turner moved for reconsideration of the civil contempt order and the Court released her from...
CIVIL CONTEMPT ORDER MARVIN ISGUR , Bankruptcy Judge . For the reasons set forth in the Court's Memorandum Opinion issued on this date, the Court Orders: 1. Tamara Turner must commit herself to the custody of the United States Marshal, located in Suite 10017 on the 10th floor of the Bob Casey United States Courthouse, 515 Rusk Avenue Houston, TX, on or before 10:00 a.m. on October 28, 2019. If she fails to comply with the first sentence of this paragraph, the United States Marshal is...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Pursuant to a default judgment, the Court required Tamara Turner to turn over possession of a 2012 Audi A7 and a 2015 Cadillac Escalade to Kar Market. Ms. Turner failed to do so, and Kar Market moved for contempt. The Court granted the motion and issued an arrest warrant. The U.S. Marshals took Ms. Turner into custody shortly thereafter. Ms. Turner moved for reconsideration of the civil contempt order and the Court released her from...
MEMORANDUM OPINION Resolving ECF No. 1 Eduardo V. Rodriguez , United States Bankruptcy Judge . Before this Court is Hong Kong Development Corporation's (" Hong Kong Development or Plaintiff ") "Complaint Objecting to Debtor's Discharge Pursuant to 727(a)(2)(A), 727(a)(4)(A), and 727(a)(5) of the United States Bankruptcy Code" (" Complaint ") filed against Dung Anh Phan (" Debtor or Defendant "). 1 The Court conducted a one day trial on August 13, 2019. After considering the...
MEMORANDUM OPINION Jeffrey P. Norman , United States Bankruptcy Judge . This matter is before the Court on the Objection to Homestead Exemption filed by Regions Bank (ECF No. 36). A bench trial was held on September 17, 2019. For the following reasons, the objection is sustained. The debtor may not claim 604 Logans Lane, Austin, Texas as his homestead. FACTUAL AND PROCEDURAL BACKGROUND In a bankruptcy case, a debtor may use the federal homestead exemption or elect to use the homestead...
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . Bruce E. Leonard, Jr. and Rancho Los Encino Viejos, LLC filed a state court suit against EXCO Operating Company, LP, on November 11, 2017. (ECF No. 1 at 2). Mr. Leonard's complaint alleges that EXCO breached the terms of an Oil, Gas, and Mineral Lease, which was executed between the parties in 2010. (ECF No. 1-1 at 3). Mr. Leonard argues that EXCO failed to comply with his contractual right of first refusal under the Lease and seeks...
MEMORANDUM OPINION GRANTING DEBTORS' EMERGENCY MOTION FOR PROTECTIVE ORDER Resolving ECF No. 507 EDUARDO V. RODRIGUEZ , Bankruptcy Judge . I. INTRODUCTION On August 26, 2019, Stephen H. Dernick and David D. Dernick (herein " Dernicks or Debtors ") filed their "Emergency Motion For Protective Order" ( "Motion" ). On September 4, 2019, the Court held an evidentiary hearing on the Motion. At the conclusion of the September 4, 2019 hearing, the Court: (1) orally ruled that Debtors'...
MEMORANDUM OPINION Resolving ECF Nos. 102, 103 EDUARDO V. RODRIGUEZ , Bankruptcy Judge . Pending before the Court are two competing motions: Michael B. Schmidt's (" Plaintiff ") Motion for Partial Summary Judgment (" Plaintiff's Motion "), and San Jacinto Title Services of Texas, LLC's (" San Jacinto ") Amended Motion for Summary Judgment (" San Jacinto's Motion "). After reviewing the pleadings, the summary judgment evidence submitted, and oral arguments of the parties at the August...
ORDER MARVIN ISGUR , Bankruptcy Judge . For the reasons set forth in the Memorandum Opinion issued on this date, the Court orders: 1. Any allegations that Meridian Capital Foundation committed fraud are dismissed. 2. The balance of Meridian Capital Foundation's motion to dismiss is denied.
MEMORANDUM OPINION MARVIN ISGUR , Bankruptcy Judge . In 2013, Meridian Capital Foundation, the RZH Foundation, the Interlink I Charitable Trust, and the Interlink III Charitable Trust (collectively "RZH") invested approximately $3,000,000.00 in Platinum Partners Black Elk Opportunities Fund, LLC and Platinum Partners Black Elk Opportunities Fund International, LLC. (ECF No. 1 at 4). In 2014, the Opportunities Fund repaid RZH its $3,000,000.00 principal and additional interest. (ECF No. 30...
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . A voluntary chapter 7 bankruptcy petition was filed in the names of Ronald and Hazel Dutka on July 12, 2018. On January 3, 2019, the Dutkas filed a motion to dismiss their bankruptcy case. The Dutkas argue that equity favors dismissing their bankruptcy case because: (i) they did not consent to the filing of the petition; (ii) their attorney, Gregory Wiley, filed the petition without their knowledge or authority; (iii)...
ORDER MARVIN ISGUR , Bankruptcy Judge . For the reasons set forth in the Memorandum Opinion issued on this date, the question that must be answered on remand from the Fifth Circuit is: "Was the Affiliation Agreement between Comcast and the Network of inconsequential value as of the petition date, based on the proposed use or disposition of the Affiliation Agreement under the confirmed Plan "
MEMORANDUM OPINION Marvin Isgur , UNITED STATES BANKRUPTCY JUDGE . The question that must be answered on remand from the Fifth Circuit is: "Was the Affiliation Agreement between Comcast and the Network of inconsequential value as of the petition date, based on the proposed use or disposition of the Affiliation Agreement under the confirmed Plan " Background 1 In October 2010, Comcast and two of Houston's professional sports teams—the Astros and the Rockets ("the Teams")— formed the...
