ORDER DENYING CHAPTER 7 TRUSTEE'S OBJECTION TO THE DEBTORS' AMENDED SCHEDULE C: THE PROPERTY YOU CLAIMED AS EXEMPT (ECF NO. 85) CRAIG A. GARGOTTA , Bankruptcy Judge . Before the Court is Chapter 7 Trustee's Objection to the Debtors' Amended Schedule C: The Property You Claimed as Exempt (ECF No. 85) ("Objection") and Debtor's Response to Trustee's Objection to Exemption (ECF No. 89) ("Response"). The Court held a hearing on this matter on October 2, 2018 and took the matter under...
CORRECTED MEMORANDUM OPINION AND ORDER GRANTING, IN PART AND DENYING, IN PART FIRST AND FINAL APPLICATION OF ARMORY STRATEGIC PARTNERS, LLC FOR ALLOWANCE OF COMPENSATION FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES INCURRED FROM JANUARY 13, 2018 THROUGH APRIL 7, 2018 (ECF NO. 531) CRAIG A. GARGOTTA , Bankruptcy Judge . Came on to be considered the First and Final Application of Armory Strategic Partners, LLC for Allowance of Compensation for Services Rendered and Reimbursement of...
MEMORANDUM OPINION AND ORDER GRANTING, IN PART AND DENYING, IN PART FIRST INTERIM APPLICATION OF AKERMAN LLP COUNSEL TO DEBTOR FOR ALLOWANCE OF COMPENSATION FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES INCURRED FROM JANUARY 12, 2018 THROUGH APRIL 30, 2018 (ECF NO. 563) CRAIG A. GARGOTTA , Bankruptcy Judge . Came on to be considered Akerman LLP's ("Akerman" or "Applicant"), counsel to the Debtor and debtor-in-possession (the "Debtor" or "First River") in the above-captioned chapter...
MEMORANDUM OPINION AND ORDER GRANTING, IN PART AND DENYING, IN PART FIRST AND FINAL APPLICATION OF ARMORY STRATEGIC PARTNERS, LLC FOR ALLOWNACE OF COMPENSATION FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES INCURRED FROM JANUARY 13, 2018 THROUGH APRIL 7, 2018 (ECF NO. 531) CRAIG A. GARGOTTA , Bankruptcy Judge . Came on to be considered the First and Final Application of Armory Strategic Partners, LLC for Allowance of Compensation for Services Rendered and Reimbursement of Expenses...
MEMORANDUM OPINION TONY M. DAVIS , Bankruptcy Judge . I. BACKGROUND James Quezada 1 works as a bricklayer and operates as Quezada Masonry. 2 Quezada builds masonry projects for general contractors. 3 Typically, Quezada supplies the materials and hires contract laborers and subcontractors to perform the labor. 4 From 2005-2008, Quezada filed tax returns, which included Form 1099-Misc., where he reported payments made to subcontractors. 5 Quezada also claimed deductions for these...
ORDER GRANTING IN PART, DENYING IN PART, TRUSTEE'S MOTION FOR AWARD OF ATTORNEYS' FEES CRAIG A. GARGOTTA , Bankruptcy Judge . Came on to be considered the above-numbered adversary proceeding and, in particular, Trustee Randolph N. Osherow's Motion for Award of Attorneys' Fees (ECF. No. 158) ("Motion"), Defendant Dr. David Zehr's Objection to the Trustee's Motion for Award of Attorneys' Fees ("Objection") (ECF No. 171), and Trustee's Reply in Support of Motion for Award of Attorneys' Fees...
ORDER DENYING PREVAILING PLAINTIFFS' MOTION FOR RECONSIDERATION OF ORDER ADOPTING IN PART AND DENYING IN PART AMENDED RECEIVER'S REPORT AND RECOMMENDATION (ECF NO. 450) CRAIG A. GARGOTTA , Bankruptcy Judge . Came on for consideration Prevailing Plaintiffs' Motion for Reconsideration of Order Adopting in Part and Denying in Part Amended Receiver's Report and Recommendation (ECF No. 450) (the "Motion for Reconsideration"). The Receiver filed the Receiver's Response to Prevailing Plaintiffs'...
MEMORANDUM OF DECISION RONALD B. KING , Bankruptcy Judge . On July 18, 2018, came on to be heard DDR DB Stone Oak LP's Motion to Reopen Case (ECF No. 30), and the Court is of the opinion that the Motion should be denied. The Court finds that it has jurisdiction to render a final order in this core proceeding pursuant to 28 U.S.C. 157(b) and 1334. Venue is proper under 28 U.S.C. 1408 and 1409. BACKGROUND DDR DB Stone Oak LP ("Movant") seeks to reopen the bankruptcy case of...
MEMORANDUM OPINION TONY M. DAVIS , UNITED STATES BANKRUPTCY JUDGE . Three years ago, a California state court found that Baessler, acting with the intent to deceive, made false representations that Dave reasonably relied on to his detriment. Based on that finding, the state court entered judgment on several legal theories, including one theory that did not require proof of an intent to deceive. Does the state court's finding bind the bankruptcy court in a subsequent suit to determine...
OPINION ON DEFENDANT'S MOTION TO DISMISS H. CHRISTOPHER MOTT , UNITED STATES BANKRUPTCY JUDGE . When declaring Martin Luther King Jr.'s birthday a national holiday, President Ronald Reagan affirmed: Dr. King had awakened something strong and true, a sense that true justice must be colorblind.... In 1964, Dr. King became the youngest man in history to win the Nobel Peace Prize.... Now our nation has decided to honor Dr. Martin Luther King Jr. by setting aside a day each year to remember...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT ADMIRAL'S MOTION TO DISMISS AND MEMORANDUM OF LAW IN SUPPORT (ECF NO. 3) CRAIG A. GARGOTTA , Bankruptcy Judge . On November 29, 2017, came on for hearing Defendant Admiral's Motion to Dismiss and Memorandum of Law in Support (ECF No. 3) (the "Motion to Dismiss"). 1 Defendants Colony Insurance Company ("Colony"), Allied World Assurance Company (U.S.) Inc. ("Allied World"), Hiscox Insurance Company, Inc. ("Hiscox"), and Federal Insurance...
MEMORANDUM OF DECISION RONALD B. KING , Chief Bankruptcy Judge . On May 14, 2018, came on the be heard Plaintiffs' Application to Renew Judgment (ECF No. 35), and the Court is of the opinion that the Application should be denied. The Court finds that it has jurisdiction to render a final order in this core proceeding pursuant to 28 U.S.C. 157(b) and 1334. Venue is proper under 28 U.S.C. 1408 and 1409. BACKGROUND Plaintiffs commenced an adversary proceeding against Defendants...
MEMORANDUM OPINION TONY M. DAVIS , Bankruptcy Judge . I. INTRODUCTION A real estate developer sued its contractor in state court. The developer later filed for bankruptcy. A subcontractor, which became a party to the state court suit, then removed the state court suit to bankruptcy court. The developer now wants the suit returned to state court. II. FACTS For several years, IO tried to build a large apartment complex on property that IO owned in North Austin. 1 For financing,...
ORDER DENYING TRUSTEE'S OBJECTION TO CLAIM OF WELLS FARGO BANK (ECF NO. 16) CRAIG A. GARGOTTA , UNITED STATES BANKRUPTCY JUDGE . On this date came on to be considered the above-styled and numbered Chapter 13 case and, in particular, the Trustee's Objection to Claim of Wells Fargo Bank (ECF No. 16) ("Objection to Claim"). The Court held a hearing on this matter on March 22, 2018, and took the matter under advisement. The parties were allowed to file briefs in support by April 23, 2018....
MEMORANDUM OPINION TONY M. DAVIS , Bankruptcy Judge . Trinity owes about $200,000 to BBX as a "prompt cure" of amounts due under contracts that Trinity assumed and assigned to the buyer of all of its assets. Can Trinity's liquidating trustee withhold payment of this amount to secure the estate's ability to apply the amounts due against a judgment it might get against BBX in unrelated litigation I. FACTS In July 2017, Trinity moved to assume and assign certain joint operating...
MEMORANDUM OPINION DENYING DR. DAVID ZEHR'S MOTION FOR JUDGMENT CRAIG A. GARGOTTA , Bankruptcy Judge . Came on to be considered the above-numbered adversary proceeding and, in particular, Defendant Dr. David Zehr's Motion for Judgment ("Motion") (ECF No. 130); Plaintiff Randolph N. Osherow, Chapter 7 Trustee's ("Trustee") Response in Opposition ("Response") (ECF No. 143), and Dr. David Zehr's Reply Brief ("Reply") (ECF No.146). 1 The Court took this matter under advisement on November 9,...
MEMORANDUM OPINION TONY M. DAVIS , Bankruptcy Judge . Two factions fought for control of Westech. That control fight was ultimately resolved by the Delaware Supreme Court in 2014. This suit challenges actions taken by two of the incumbent directors, and their lawyer, while the control battle was raging. John Gorman, IV was on one side of the battle. He was (1) the majority owner of Westech common stock and of the total voting shares, (2) one of the founders of Westech, and (3) chair of...
ORDER DENYING DEFENDANTS' MOTION TO EXCLUDE EXPERT WITNESS AND MEMORANDUM OF LAW IN SUPPORT THEREOF (ECF NO. 324) CRAIG A. GARGOTTA , Bankruptcy Judge . Came on for consideration Defendants' Motion to Exclude Expert Witness and Memorandum of Law in Support Thereof (ECF No. 324) 1 ("Motion to Exclude"). Plaintiffs filed a Response to Defendants' Motion to Exclude Expert Witness (ECF No. 378). Defendants filed a Reply to Plaintiff's Response to Defendants' Motion to Exclude Expert Witness...
MEMORANDUM OPINION AND ORDER GRANTING INSURICA INC.'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION (ECF NO. 88) CRAIG A. GARGOTTA , Bankruptcy Judge . On November 29, 2017, came on for hearing intervenor-defendant Insurica, Inc.'s ("Defendant") Motion to Dismiss for Lack of Subject Matter Jurisdiction (ECF No. 88) (the "Motion to Dismiss"). Intervenor-plaintiffs, Julio Palmaz, M.D., Steven Solomon, and John Asel ("Plaintiffs") filed a Response on October 20, 2017 (ECF No. 119)...
ORDER GRANTING SECOND APPLICATION BY CALDWELL-BAKER COMPANY FOR ALLOWANCE AND IMMEDIATE PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM AND FOR ADEQUATE PROTECTION CRAIG A. GARGOTTA , UNITED STATES BANKRUPTCY JUDGE . Came on for consideration the above-numbered case and, in particular, Second Application by Caldwell-Baker Company ("CBC") for Allowance and Immediate Payment of Administrative Expense Claim and for Adequate Protection (the "Application") (ECF No. 41). 1 The Chapter 7 Trustee ("...
