Bankruptcy Court for the Eastern District of Texas Court Cases

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  1. Robert Gregg Chilton and Janice Elaine Chilton (2010)

    This matter is before the Court on an objection to the debtors' claim of an exemption in an individual retirement account inherited by Janice Chilton prior to bankruptcy. The parties to this matter agree that there are no disputes as to the material facts. The Court, having heard arguments of counsel and having reviewed the written memoranda of the parties, makes the following findings of fact and conclusions of law pursuant to Bankruptcy Rule 7052. See FED. R. BANKR.P. 7052.


    Court: Bankruptcy Court for the Eastern District of Texas Docket: 08-43414
  2. In Re Willis (1992)

    Comes now before this Court the following Motions: Amended Application for Payment of Attorney's Fees and Expenses; Amended Motion for Approval of Settlement; and Final Hearing on Motion of Frank Supercinski for Relief from Automatic Stay pursuant to regular setting in Tyler, Texas. This opinion constitutes findings of fact and conclusions of law in accordance with Federal Rule of Bankruptcy Procedure 7052.


    Court: Bankruptcy Court for the Eastern District of Texas Docket: Bankruptcy No. 91-61755
  3. In Re Stanley (1990)

    This matter came on for consideration of the Trustee's Final Report, Application for Compensation and Application to Close Case and Discharge Trustee pursuant to a regularly scheduled hearing on July 11, 1990, in Lufkin, Texas. This opinion constitutes findings of fact and conclusions of law in accordance with Bankruptcy Rule of Procedure 7052 and disposes of all the issues presented to the Court.


    Court: Bankruptcy Court for the Eastern District of Texas Docket: Bankruptcy No. L-87-00328
  4. In Re Mayeaux (2001)

    This matter is before the Court upon hearing of the Motion to Examine Transactions with Debtor's Attorney, filed by the Office of the United States Trustee in the above-referenced Chapter 13 case, which seeks to determine whether 11 U.S.C. § 329(a) imposed a duty upon the Debtor's attorney, Edwin E. Buckner, Jr. (the "Debtor's counsel") to disclose all fees which had been paid to him by the Debtor, Edwin C. Mayeaux (the "Debtor"), immediately prior to, and also subsequent to, the commencement [...]

    Court: Bankruptcy Court for the Eastern District of Texas Docket: 99-61936
  5. In Re Smith (1999)

    This matter is before the Court on the Notice of Plan Completion and Order Setting Discharge filed by Michael Gross, Chapter 13 Trustee, ("Trustee") in the above-referenced case. Based upon the Court's consideration of the pleadings, the evidence admitted at the hearing, including the stipulations of the parties, and the argument of counsel, the Court makes the following findings of fact and conclusions of law[1] pursuant to Fed.R.Civ.P. 52, as incorporated into contested matters in bankruptcy [...]

    Court: Bankruptcy Court for the Eastern District of Texas Docket: Bankruptcy No. 96-93247
  6. James M. Leverett (2007)

    The Claimant, B-Line, LLC ("B-Line"), asserts an unsecured claim against James M. Leverett (the "Debtor") in the amount of $9,184.78. The Debtor objects to the allowance of B-Line's claim. This Court has jurisdiction to consider the objection to B-Line's claim pursuant to 28 U.S.C. § 1334(b) and 28 U.S.C. § 157(a), and the Court may enter a final order in this contested matter since it constitutes a core proceeding as contemplated by 28 U.S.C. § 157(b)(2)(A), (B), and (O).

    Court: Bankruptcy Court for the Eastern District of Texas Docket: 06-41439
  7. In Re Townsley (1996)

    COMES NOW before the Court for consideration the Original Complaint to Determine Dischargeability of Debt and to Object to Discharge. This opinion constitutes the Court's findings of fact and conclusions of law to the extent required by Fed.R.Bankr.P. 7052, and disposes of all issues before the Court.


    Court: Bankruptcy Court for the Eastern District of Texas Docket: Bankruptcy No. 93-40287. Adv. No. 93-4149
  8. In Re Gaubert (1992)

    Thomas M. Gaubert ("Gaubert") was the majority stock holder of Independent American Savings Association ("IASA"), and he also served as the chairman of the board. IASA was put into receivership. The Federal Deposit Insurance Corporation ("FDIC"), as manager for the FSLIC Resolution Fund, now seeks a determination that three debts are non-dischargeable. Two of the debts arose as loans that were made while Gaubert was acting in a fiduciary capacity. The third debt stems from payment Gaubert [...]

    Court: Bankruptcy Court for the Eastern District of Texas Docket: Bankruptcy No. 91-40779, Adv. No. 91-4178
  9. In Re JOHNSON (1999)

    This matter is before the Court to consider confirmation of the First Amended Chapter 13 Plan (the "Plan") filed by the Debtors, Josey M. Johnson III and Pamela J. Johnson ("Debtors") in the above-referenced Chapter 13 case. An objection to the confirmation of the Plan was timely filed by American Express Travel Related Services Company ("Amex"), an unsecured creditor in this case. The Amex objection challenges a number of the asserted monthly expenditures of the Debtors and alleges that the [...]

    Court: Bankruptcy Court for the Eastern District of Texas Docket: Bankruptcy No. 98-11146
  10. In Re Raisor (1995)

    Before the Court is a Motion To Dismiss Complaint ("Motion to Dismiss") filed by United Student Aid Funds, Inc. ("USA Funds"). The Motion was set for a hearing and the Court took the matter under advisement at the conclusion of the hearing. The following shall constitute the Court's findings of fact and conclusions of law pursuant to Federal Rule of Bankruptcy Procedure 7052. Where appropriate, findings of fact shall be deemed conclusions of law and conclusions of law shall be deemed findings [...]

    Court: Bankruptcy Court for the Eastern District of Texas Docket: Bankruptcy No. 93-41796. Adv. No. 94-4112
  11. In Re Harrington (2003)

    This matter is before the Court upon the "Trustee's Amended Motion for Authority to Pay to Debtor (sic) Portion of Funds Claimed as Exempt From Settlement of District Court Cause of Action" (the "Trustee's Motion") filed by the Chapter 7 Trustee, Stephen J. Zayler ("Trustee"). Based upon the evidence and legal argument presented at the hearing on this matter, the Court concludes that the Trustee's Motion should be granted only as to authorize and direct the immediate payment by the Trustee of [...]

    Court: Bankruptcy Court for the Eastern District of Texas Docket: 03-10490
  12. In Re Eads (2009)

    In this action, the disputed issue is whether a default order entered by this Court in the underlying bankruptcy case entitles Debbie Eads (the "Debtor") to a free house. Litton Loan Servicing, L.L.P. ("Litton") seeks to set aside the order pursuant to Federal Rule of Civil Procedure ("Rule") 60(b). The Debtor opposes Litton's Rule 60(b) request, arguing that defects in the mortgage loan documents prevent the enforcement of the lien and that the lien was not created in accordance with the Texas [...]

    Court: Bankruptcy Court for the Eastern District of Texas Docket: Bankruptcy No. 05-42356. Adversary No. 07-4165
  13. In Re Kowalsky (1999)

    This matter is before the Court upon the Motion for Relief from Automatic Stay (the "Motion") filed by The Auto Mall ("Movant") which seeks stay relief in order to proceed to foreclose its security interest in a 1991 Pontiac Firebird automobile (the "Vehicle") owned by the Debtors, Michael and Suellen Kowalsky ("Debtors"). Based upon the Court's consideration of the pleadings, the evidence admitted at the hearing, including taking judicial notice of the record in a previous hearing in this case [...]

    Court: Bankruptcy Court for the Eastern District of Texas Docket: Bankruptcy No. 98-62536
  14. In Re Richardson (1992)

    The Motion of Debtor, Pauline Richardson, for Damages against Best Foreign and American Auto Sales for Violation of the Automatic Stay came on for consideration pursuant to a regularly scheduled hearing. This opinion constitutes findings of fact and conclusions of law in accordance with Federal Rule of Bankruptcy Procedure 7052 and disposes of all the issues presented to the Court.


    Court: Bankruptcy Court for the Eastern District of Texas Docket: Bankruptcy No. 91-10945
  15. Estel v. Bigelow Management, Inc. (2005)

    Came on for consideration the Report of the United States Magistrate Judge in this action, this matter having been heretofore referred to United States Magistrate Judge Don D. Bush pursuant to 28 U.S.C. § 636. On January 19, 2005, the Report of the Magistrate Judge was entered containing his proposed findings of fact and recommendation that the Defendants' Motion for Summary Judgment be GRANTED and the above titled and numbered cause DISMISSED with prejudice.


    Court: Bankruptcy Court for the Eastern District of Texas Docket: 4:04CV311
  16. In Re Triplex Marine Maintenance, Inc. (2000)

    This matter is before the Court upon the Motion for Relief from Automatic Stay (the "Motion") filed by Commercial Money Centers, Inc., ("CMC") which seeks relief from the automatic stay in order to regain possession of virtually all of the Debtor's assets which were purportedly sold to CMC by the Debtor, Triplex Marine Maintenance, Inc. (the "Debtor"), and then allegedly leased by CMC back to the Debtor. Daniel Goldberg, Chapter 7 Trustee, objected to CMC's request for relief from the stay on [...]

    Court: Bankruptcy Court for the Eastern District of Texas Docket: 99-11858
  17. In Re Elam (1996)

    CAME ON FOR HEARING before the Court the Emergency Motion for Reconsideration of Order Granting Debtor's First Amended Motion to Avoid Transfer Pursuant to Sections 549 and 544 ("Motion for Reconsideration") and the Amended Motion for Relief from Automatic Stay to Permit Eviction Proceedings and Request for Hearing without Waiver of 30-Day Hearing Requirement ("Stay Motion") both filed by William H. Fisher, III, a creditor ("Fisher"). Since the underlying facts relating to both motions were [...]

    Court: Bankruptcy Court for the Eastern District of Texas Docket: Bankruptcy No. 95-41942
  18. In Re Taylor (2003)

    Now before the Court for consideration is the Debtor's Motion to Modify Chapter 13 Plan Post-Confirmation filed by John and Yolanda Taylor, the Debtors herein ("Debtors"). This opinion constitutes the Court's findings of fact and conclusions of law required by Fed.R.Bankr.Proc. 7052 and disposes of all issues before the Court.


    Court: Bankruptcy Court for the Eastern District of Texas Docket: 01-44640-S
  19. In Re Allen (1995)

    Before the Court is the Amended Motion of John Larry and Sally Reid Allen ("Debtors") to Remand[1] ("the Motion") pursuant to regular setting in Beaumont, Texas. This opinion constitutes findings of fact and conclusions of law in accordance with Fed. R.Bankr.P. 7052 and disposes of all issues before the Court.


    Court: Bankruptcy Court for the Eastern District of Texas Docket: Bankruptcy No. 92-90503. Adv. No. A-94-9032
  20. In Re Webb (2001)

    This matter is before the Court to consider confirmation of the Amended Chapter 13 Plan (the "Plan") filed by the Debtors, Jon Christopher Webb, M.D. and Juanita W. Webb ("Debtors"), in the above-referenced Chapter 13 case. The Chapter 13 Trustee objected to the confirmation of the Plan on the grounds that the Debtors are not applying all of their projected disposable income for the first three years of the Plan, in contravention of 11 U.S.C. § 1325(b)(1)(B) and, in violation of 11 U.S.C. § [...]

    Court: Bankruptcy Court for the Eastern District of Texas Docket: 99-62498

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