OPINION REGARDING MOTIONS TO DISMISS AMENDED COMPLAINT H. CHRISTOPHER MOTT , UNITED STATES BANKRUPTCY JUDGE . This type of lawsuit has become somewhat commonplace — directors of a now defunct corporation are sued for breach of fiduciary duties. Here, the parties are currently "Frozen" 1 in battle — as the Defendants filed motions to dismiss under Rule 12(b)(6), echoing "Indina Menzel" to demand that the Plaintiff just "let it go." For the most part, the Court agrees with the Defendants...
MEMORANDUM OPINION AND ORDER GRANTING, IN PART AND DENYING, IN PART FIRST AND FINAL APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES BY NORTON ROSE FULBRIGHT US LLP, ATTORNEYS FOR DEBTORS IN POSSESSION (TIME PERIOD: MARCH 4, 2016 — JUNE 10, 2016) (ECF NO. 290) CRAIG A. GARGOTTA , UNITED STATES BANKRUPTCY JUDGE . Came on to be considered the First and Final Application of Norton Rose Fulbright US LLP for Reimbursement of Expenses as Attorneys for Debtors in Possession from...
MEMORANDUM OF INDICATIVE RULING REGARDING "JOINT MOTION UNDER BANKRUPTCY RULE 9019 TO APPROVE SETTLEMENT AGREEMENT REGARDING APPLICATIONS FOR COMPENSATION FILED BY MARTIN & DROUGHT, P.C. AS COUNSEL FOR THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS" [Relates to Docket No. 2042] CRAIG A. GARGOTTA , Bankruptcy Judge . CAME ON, for hearing, the Joint Motion for Indicative Ruling Pursuant to Bankruptcy Rule 8008 ("Joint Motion for Indicative Ruling") [Doc. No. 2042] filed by the Liquidating...
CORRECTED MEMORANDUM OPINION AND ORDER GRANTING CHAPTER 13 TRUSTEE'S OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN CRAIG A. GARGOTTA , Bankruptcy Judge . Came on to be considered the above-numbered bankruptcy case, and, in particular, the Chapter 13 Trustee's Objection to Confirmation of Chapter 13 Plan (ECF No. 11). 1 The Court has jurisdiction over this proceeding under 28 U.S.C. 157 and 1334. Venue is proper under 28 U.S.C. 1408(1). This matter is referred to this Court under the...
ORDER GRANTING, IN PART, DARELL DAVIS'S AND CHRISTOPHER KELLER'S MOTION FOR RELIEF FROM STAY (ECF No. 280) AND MODIFYING RECOGNITION ORDER (ECF No. 185) CRAIG A. GARGOTTA , Bankruptcy Judge . Came on to be considered the above-numbered bankruptcy case, and, in particular, Darell Davis's and Christopher Kelly's Motion for Relief from Automatic Stay (ECF No. 280) 1 (the "Motion"), and Debtors' Response thereto (ECF No. 373). 2 This Court held a hearing on the Motion on July 11, 2016, and...
MEMORANDUM OPINION AND ORDER GRANTING CHAPTER 13 TRUSTEE'S OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN (ECF NO. 7) CRAIG A. GARGOTTA , UNITED STATES BANKRUPTCY JUDGE . Came on to be considered the above-numbered bankruptcy case, and, in particular, the Chapter 13 Trustee's Objection to Confirmation of Chapter 13 Plan (ECF No. 7). 1 The Court has jurisdiction over this proceeding under 28 U.S.C. 157 and 1334. Venue is proper under 28 U.S.C. 1408(1). This matter is referred to this...
MEMORANDUM OPINION AND ORDER GRANTING CHAPTER 13 TRUSTEE'S OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN (ECF NO. 11) CRAIG A. GARGOTTA , Bankruptcy Judge . Came on to be considered the above-numbered bankruptcy case, and, in particular, the Chapter 13 Trustee's Objection to Confirmation of Chapter 13 Plan (ECF No. 11). 1 The Court has jurisdiction over this proceeding under 28 U.S.C. 157 and 1334. Venue is proper under 28 U.S.C. 1408(1). This matter is referred to this Court under...
OPINION ON CONSOLIDATED OBJECTIONS TO U.S. ENERGY DEVELOPMENT CORPORATION CLAIMS H. CHRISTOPHER MOTT , Bankruptcy Judge . As the late Supreme Court Justice Antonin Scalia 1 recognized: The ordinary-meaning rule is the most fundamental semantic rule of interpretation. It governs constitutions, statutes, rules, and private instruments . . . . If possible, every word and provision is to be given effect ( verba cum effectu sunt accipienda ). None should be ignored . . . it is no more the...
MEMORANDUM OPINION REGARDING COUNTERCLAIM H. CHRISTOPHER MOTT , UNITED STATES BANKRUPTCY JUDGE This case involves an unsuccessful Involuntary Petition filed under Chapter 7 of the Bankruptcy Code against an alleged debtor. The Court previously dismissed the Involuntary Petition, finding that the petitioning creditors did not meet the eligibility requirements established by statute and recent Fifth Circuit precedent. Now, The Empire Strikes Back 1 through a Counterclaim — the alleged...
MEMORANDUM OPINION AND ORDER DENYING TRUSTEE'S MOTION TO DETERMINE DEBTOR INELIGIBLE FOR DISCHARGE PURSUANT TO 11 U.S.C. 1328(f) CRAIG A. GARGOTTA , UNITED STATES BANKRUPTCY JUDGE Came on to be considered the above-numbered bankruptcy case, and, in particular, the Trustee's Motion to Determine Debtor Ineligible for Discharge Pursuant to 11 U.S.C. 1328(f) (ECF No. 13) (the "Motion"), and Debtor's Response thereto (ECF No. 14). The Court held a hearing on the Trustee's Motion on...
MEMORANDUM OPINION ON THE ORDER FOR RELIEF CRAIG A. GARGOTTA , UNITED STATES BANKRUPTCY JUDGE . Came on to be considered the above-captioned involuntary proceeding filed for Stan P. Bates by Petitioning Creditors: Jude Bond, Bond Multimedia, LLC, Kingdom Chevrolet, Inc., and John D. Sauder Auto Company (ECF No. 1) (the "Involuntary Petition"). The Court held a trial on the Involuntary Petition and took this matter under advisement. For the reasons stated herein, the Court finds that the...
MEMORANDUM OPINION TONY M. DAVIS , UNITED STATES BANKRUPTCY JUDGE . Can wage-earners who have sought refuge from creditors, and a fresh start, by filing a chapter 7 liquidation be forced into a chapter 11 reorganization, and be compelled to repay creditors in a five-year plan In general, yes. But not here, where the Debtors have made extensive and diligent efforts — over a period of seven years — to repay creditors prior to bankruptcy, only to run into one implacable creditor, and where...
