LIT COMMENTARY
May 31 JUN 6 19 28,
JUL 6, AUG 19, 2024
With Bandit foreclosure mill lawyer Mark Cronenwett very concerned about LIT’s objection to his “authority” in these cases since he bounced over to a non-foreclosure mill in Lewis Brisbois, he’s makin’ deals to dismiss the cases but protect his commission (fees), e.g. dismissal without prejudice with a caveat – his attorney fees and costs will be charged to the foreclosure sale proceeds.
Plaintiff 3rd Ward Holdings, LLC (“Plaintiff”) and Defendant U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 11 (“Defendant”, and together with Plaintiff, “the Parties”), hereby file their Joint Stipulation of Dismissal Without Prejudice and show:
The Parties hereby stipulate under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that this action be dismissed without prejudice as to all claims, causes of action, and parties, with each party bearing that party’s own attorney’s fees and costs,
except that Defendant’s attorney’s fees and costs incurred in this action may be charged to the subject debt.
1 Incorrectly named as “U.S. Bank Trust, N.A.” Defendant U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1, is appearing herein in its correct capacity and defending all claims against the named “U.S. Bank Trust, N.A.”
By: /s/ Robert C. Vilt
by Mark D. Cronenwett with permission
Robert C. Vilt
Texas Bar No. 00788586
Southern District
No. 20296
Vilt Law, P.C.
5177 Richmond Ave., Ste. 1142
Houston, TX 77056
Attorneys for Plaintiff
By: /s Mark D. Cronenwett_
Mark D. Cronenwett
Texas Bar No. 00787303
Southern District No. 21340
mark.cronenwett@lewisbrisbois.com
Lewis Brisbois Bisgaard &Smith, LP
2100 Ross Avenue, Suite 2000
Dallas, Texas 75201
(214) 722-7100
(214) 722-7111 (Fax)
Attorneys for Defendant
CERTIFICATE OF SERVICE
The undersigned certifies that on August 19, 2024, a true and correct copy of the foregoing document was delivered via ECF Notification to the counsel of record listed below:
Robert C. Vilt Vilt Law, P.C.
5177 Richmond Ave., Ste. 1142
Houston, TX 77056
Attorney for Plaintiff
/s/ Mark D. Cronenwett
MARK D. CRONENWETT
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-01277
| 3rd Ward Holdings, LLC v. U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1 Assigned to: Judge George C Hanks, Jr
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 04/08/2024 Date Terminated: 08/19/2024 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/10/2024 | 15 | NOTICE of Change of Address by Mark Cronenwett, counsel for U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1, filed. (Cronenwett, Mark) (Entered: 06/10/2024) |
| 06/18/2024 | 16 | ORDER REFERRING CASE to Magistrate Judge Andrew M Edison(Signed by Judge George C Hanks, Jr) Parties notified. (knp4) (Entered: 06/18/2024) |
| 06/27/2024 | 17 | ORDER. The Order referring the case is WITHDRAWN. Magistrate Judge Andrew M. Edison remains designated to handle matters that may be referred in this case.(Signed by Judge George C Hanks, Jr) Parties notified. (jg4) (Entered: 06/27/2024) |
| 08/09/2024 | 18 | NOTICE of Resetting. Parties notified. Initial Conference reset for 8/29/2024 at 02:00 PM in by video before Magistrate Judge Andrew M Edison, filed. (rrc3) (Entered: 08/09/2024) |
| 08/19/2024 | 19 | STIPULATION of Dismissal Joint Stipulation of Dismissal Without Prejudice by U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1, filed. (Attachments: # 1 Proposed Order Draft Order on Joint Stipulation of Dismissal Without Prejudice) (Cronenwett, Mark) (Entered: 08/19/2024) |
| 08/19/2024 | 20 | ORDER granting 19 STIPULATION of Dismissal. Case terminated on August 19, 2024. (Signed by Judge George C Hanks, Jr) Parties notified. (jm4) (Entered: 08/19/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/19/2024 16:54:41 |
As it stands at Jun 19, 2024, the Wolves of Foreclosure are auctioneers for the scheduled July 2, 2024 auction of the property subject to this article and litigation.
Maybe they will have a Lewis Brisbois banner at the auction, so Mark Cronenwett feels appreciated, as the auction list wasn’t available on their website for the longest time, perhaps wanting to sneak in a few targeted homes before the notice cut-off date.
SMALL DEBT ENDS UP IN FEDERAL COURT
Deutsche Bank’s Legal Predators: Mackie Wolf’s Federal Court Pursuit for Tiny $4,000 Debt Unveiled – Laws In Texas https://t.co/gSqTZ9HS60 pic.twitter.com/W6rou4wa3K— lawsinusa (@lawsinusa) June 20, 2024
RE: 2518 CLEBURNE HOUSING AKA ROB WISEMAN BK CASE
Top of the morn’,
202419943 – 3RD WARD HOLDINGS LLC vs. U S BANK TRUST N A (Court 164)
At least Robert Wiseman is consistent. From ‘foreclosure defense’ lawyer Erick Joseph Delarue in 2518 Cleburne to Robert ‘Clay’ Vilt in 3rd Ward Holdings case filed yesterday re 2416 Truxillo St, not to be confused with Vilt’s 2016 representation of 3rd Ward re 2503 Arbor St.
I note there’s been no movement on 2518 Cleburne Housing LLC (23-32106) United States Bankruptcy Court, S.D. Texas. Well, it’s the end of the month, I’m assuming the Trustee got the $10k and any future remuneration will be timely paid by Mr. Wiseman.
Happy Easter.
Cheers
Mark Burke
LIT.
From: justice@lawsintexas.com <justice@lawsintexas.com>
Sent: Monday, March 25, 2024 2:50 PM
To: ‘alicia.barcomb@usdoj.gov’ <alicia.barcomb@usdoj.gov>; ‘tom@howley-law.com’ <tom@howley-law.com>
Subject: RE: 2518 CLEBURNE HOUSING AKA ROB WISEMAN BK CASE
Howdy,
We’re following up with the email below and are disappointed to see that the only memo update from the hearing on the 18th is a demand that $10k in fees be transferred to the Trustee and no mention of the fraud on the court by the debtor or any sign of show cause/sanctions.
Notably, Ms. Tran would not be present but Brendon Singh appeared instead, and without notice Vianey Garza appeared for the Trustee (DOJ) rather than counsel of record, Alicia Barcomb. Was that to allow Tran to avoid awkward questions?
The optics don’t look great, do they? Any comment?
Cheers
Mark Burke
LIT.
From: justice@lawsintexas.com <justice@lawsintexas.com>
Sent: Tuesday, March 5, 2024 10:33 AM
To: ‘alicia.barcomb@usdoj.gov’ <alicia.barcomb@usdoj.gov>; ‘tom@howley-law.com’ <tom@howley-law.com>
Subject: 2518 CLEBURNE HOUSING AKA ROB WISEMAN BK CASE
Top of the morn,
202413867 – 2518 CLEBURNE HOUSING LLC vs. SHELLPOINT MORTGAGE SERVICING (Court 152)
2518 Cleburne Housing LLC (23-32106), United States Bankruptcy Court, S.D. Texas
We’re currently preparing an article for publication on LawsInTexas.com pertaining to the above case. LIT has been reviewing your related bankruptcy case docket and hearing as recently as March 1, 2024, pertaining to the sale of 2516/2518 Cleburne St., Houston, Texas.
Courtroom Minutes. Time Hearing Held: 1:30 p.m.. Appearances: Susan Tran for the Debtor; Robert Wiseman, Debtor representative; Tom Howley, Subchapter V Trustee; Alicia Barcomb for United States Trustee; Michael Holmes for TBF Financial, LLC; Barcomb for United States Trustee. Minutes: Opening statements by Mr. Howley.
Ms. Tran provided the Court with an update regarding closing of sale and that Trustee payments are to be made from the sale.
Matter re-scheduled for 3/18/2024 at 9:30 via electronic hearing.
Ms. Tran is to provide information regarding sale to the UST and the Subchapter V Trustee. (Related document(s):80 Emergency Motion)
Status conference to be held on 3/18/2024 at 09:30 AM via telephone and video conference. (NormaChavez) (Entered: 03/01/2024)
As you will note, foreclosure defense lawyer Erick Delarue and Rob Wiseman have presented a false and misleading petition/declaration under the penalty of perjury to the Harris County District Court, and obtained a TRO to prevent the sale by Shellpoint at auction today from ancillary Judge Lauren Reeder.
Do you have any comment as to why this was not disclosed at the hearing when you questioned Susan Tran and where Rob Wiseman was present?
Y’all have a great day.
Mark Burke
Justice Seeker
#restoretx
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Cheers.
LIT COMMENTARY
May 31 JUN 6, 2024
The fraud on the court gets absurd as former Mackie Wolf lawyer Mark Cronenwett claims he’s ongoing “counsel” for US Bank, despite switching firms to Lewis Brisbois.
Last we checked, Retainers1 and Professional Liability insurance is held by the law firm, not individual Bounty hunters and the following statement is peculiar;
“Defendant’s counsel recently changed firms and the Response was filed in the midst of this transition.”
Cronenwett then goes on to sign as Lewis Brisbois, not “Of Counsel” for Mackie Wolf.
None of this is legally correct and there’s no filings on the docket apart from this motion since Cronenwett departed Mackie Wolf (and this case).
1. See, for example: George-Baunchand v. Wells Fargo Home Mortg. Inc., CIVIL ACTION No. H-10-3828, at *5-6 (S.D. Tex. Dec. 14, 2011)
(“On October 6, 2009, Wells Fargo foreclosed on Baunchand’s home.
Freddie Mac bought the home at the foreclosure sale.
According to Baunchand’s affidavit, she did not find out about the foreclosure sale until December 2009, when she received a letter from Jack O’Boyle & Associates, Freddie Mac’s eviction counsel.
(Docket Entry No. 29-3, at 3).
The letter, which was dated October 28, 2009, stated that Freddie Mac bought the home at the foreclosure sale
and retained Jack O’Boyle & Associates
“to institute an eviction proceeding to obtain possession of the property.”
(Docket Entry No. 29-17, at 1).”)
REPLY in Support of 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1.
The Catholic Bandit (Cronenwett, Mark)
(Entered: 06/05/2024)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-01277
| 3rd Ward Holdings, LLC v. U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1 Assigned to: Judge George C Hanks, Jr |
| Case in other court: | 194th District Court of Harris County, 24-19943 |
Cause: 28:1332 Diversity-Notice of RemovalDate Filed: 04/08/2024
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
| Date Filed | # | Docket Text |
|---|---|---|
| 05/14/2024 | 13 | Minute Entry for proceedings held before Judge George C Hanks, Jr. PRE-MOTION CONFERENCE held on 5/14/2024 re: 6 REQUEST for pre-motion conference. At the hearing, the following rulings were made as stated on the record: Defendant may file a motion to dismiss on or before May 17, 2024. Plaintiff may file a response to Defendant’s motion to dismiss within 21 days of the date on which Defendant files its motion. Defendant may file a reply brief within seven days of the date on which Plaintiff files its response. Appearances: Mark Douglas Cronenwett.(ERO:yes), filed. (KimberlyPicota, 4) (Entered: 06/03/2024) |
| 06/05/2024 | 14 | REPLY in Support of 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1. (Cronenwett, Mark) (Entered: 06/05/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/06/2024 14:29:47 |
What a bio for The Catholic Bandit, now partner at @LewisBrisbois and “member of the Business Practices”. Can someone from the biglaw firm explain what that means in layperson terms? pic.twitter.com/1iCLTnzTDO
— lawsinusa (@lawsinusa) May 31, 2024
3rd Ward Holdings, LLC v. U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1
(4:24-cv-01277)
District Court, S.D. Texas, Judge George C Hanks, Jr
APR 8, 2024 | REPUBLISHED BY LIT: APR 23, 2024
APR 23 27 29, MAY 15 31, 2024
Above is the date LIT Last updated this article.
DEFENDANT’S UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE REPLY IN SUPPORT TO ITS SECOND MOTION TO DISMISS
COMES NOW Defendant U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 11 (“Defendant”) and file this its Unopposed Motion to Extend Deadline to File Reply in Support to its Second Motion to Dismiss, and respectively shows as follows:
1. On May 15, 2024, Defendant filed its Second Motion to Dismiss Pursuant to Rule 12(b)(6) (“Motion to Dismiss”)2. (ECF No. 9.) Plaintiff 3rd Ward Holdings, LLC (“Plaintiff”) filed its Response to Defendant’s Second Motion to Dismiss on May 22, 2024. (ECF No. 10.)
2. Defendant’s deadline to file its reply in support of its Motion to Dismiss is May 29, 2024. (Local Rule 7.4.)
Defendant’s counsel recently changed firms and the Response was filed in the midst of this transition.
Also, Defendant’s counsel litigation schedule was busy with two depositions in other unrelated cases.
1 Incorrectly named as “U.S. Bank Trust, N.A.” Defendant U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1, is appearing herein in its correct capacity and defending all claims against the named “U.S. Bank Trust, N.A.”
2 On May 14, 2024, the Court held a conference on Defendant’s pre-motion letter and at the conference granted Defendant leave to file its Second Motion to Dismiss.
3. For these reasons, Defendant hereby requests that the deadline to file its reply in support of Defendant’s Second Motion to Dismiss be extended to June 5, 2024. Plaintiff’s counsel is unopposed to the requested extension.
4. This request if not sought for purposes of delay, but so that justice may be done.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that the deadline for Defendant to file its reply in support to its Second Motion to Dismiss be extended as requested herein, and for all such other relief to which Defendant may be entitled.
Respectfully submitted,
/s/ Mark D. Cronenwett
Mark D. Cronenwett
Texas Bar No. 00787303
S.D. Texas No. 21340
mark.cronenwett@lewisbrisbois.com
Lewis Brisbois Bisgaard & Smith, LLP
2100 Ross Avenue, Suite 2000
Dallas, TX 75201
(214) 722-7110 – Telephone
(214) 722-7111 – Fax
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF CONFERENCE
The undersigned counsel certifies that on May 29, 2024, I conferred with Plaintiff’s counsel who stated to be unopposed to the extension requested herein.
/s/ Mark D. Cronenwett
Mark D. Cronenwett
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been served via ECF Notification on the following counsel of record on May 29, 2024:
Robert C. Vilt Vilt Law, P.C.
5177 Richmond Ave., Ste. 1142
Houston, TX 77056
Attorney for Plaintiff
/s/ Mark D. Cronenwett
Mark D. Cronenwett
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-01277
| 3rd Ward Holdings, LLC v. U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1 Assigned to: Judge George C Hanks, Jr |
| Case in other court: | 194th District Court of Harris County, 24-19943 |
Cause: 28:1332 Diversity-Notice of RemovalDate Filed: 04/08/2024
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
| Plaintiff | ||
| 3rd Ward Holdings, LLC | represented by | Robert Clayton Vilt Vilt and Associates – TX, P.C. 5177 Richmond Avenue Suite 1142 Houston, TX 77056 713-840-7570 Fax: 713-877-1827 Email: clay@viltlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1 | represented by | Mark Douglas Cronenwett Lewis Brisbois Bisgaard & Smith LLP 2100 Ross Ave Ste 2000 Dallas, TX 75201 214-722-7100 Email: mark.cronenwett@lewisbrisbois.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/29/2024 | 6 | REQUEST for pre-motion conference, filed. (Cronenwett, Mark) (Entered: 04/29/2024) |
| 04/30/2024 | 7 | NOTICE of Setting re: 6 REQUEST for pre-motion conference. Parties notified. Pre-Motion Conference set for 5/14/2024 at 01:30 PM by video before Judge George C Hanks Jr, filed. (KimberlyPicota, 4) (Entered: 04/30/2024) |
| 05/08/2024 | 8 | NOTICE of service of Initial Disclosures by U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1, filed. (Cronenwett, Mark) (Entered: 05/08/2024) |
| 05/15/2024 | 9 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1, filed. Motion Docket Date 6/5/2024. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Cronenwett, Mark) (Entered: 05/15/2024) |
| 05/22/2024 | 10 | RESPONSE in Opposition to 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by 3rd Ward Holdings, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Vilt, Robert) (Entered: 05/22/2024) |
| 05/29/2024 | 11 | Unopposed MOTION for Extension of Time File Reply in Support of Motion to Dismiss by U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1, filed. Motion Docket Date 6/20/2024. (Attachments: # 1 Proposed Order) (Cronenwett, Mark) (Entered: 05/29/2024) |
| 05/31/2024 | 12 | ORDER granting 11 Unopposed MOTION for Extension of Time File Reply in Support of 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Replies due by 6/5/2024.(Signed by Judge George C Hanks, Jr) Parties notified. (KimberlyPicota, 4) (Entered: 05/31/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 05/31/2024 11:41:57 |
Request for Pre-Motion Conference
ORDER striking motion to dismiss due to local court procedure 6, in particular request for pre-motion conference. Cronenwett should already know this as he’s been involved in cases where his firm has requested such relief before, aware of this court’s procedures, see Hutchison v. Franklin Credit Management Corporation (4:20-cv-02198) District Court, S.D. Texas, Doc. 5 and 7.
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1, filed. Motion Docket Date 5/6/2024. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Cronenwett, Mark) (Entered: 04/15/2024)
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.
Initial Conference set for 8/14/2024 at 09:00 AM by video before Magistrate Judge Andrew M Edison.
(Signed by Judge George C Hanks, Jr) Parties notified. (acj4) (Entered: 04/09/2024)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-01277
| 3rd Ward Holdings, LLC v. U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1 Assigned to: Judge George C Hanks, Jr Referred to: Magistrate Judge Andrew M Edison |
| Case in other court: | 194th District Court of Harris County, 24-19943 |
Cause: 28:1332 Diversity-Notice of RemovalDate Filed: 04/08/2024
Jury Demand: None
Nature of Suit: 220 Real Property: Foreclosure
Jurisdiction: Diversity
| Plaintiff | ||
| 3rd Ward Holdings, LLC | represented by | Robert Clayton Vilt Vilt and Associates – TX, P.C. 5177 Richmond Avenue Suite 1142 Houston, TX 77056 713-840-7570 Fax: 713-877-1827 Email: clay@viltlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1 | represented by | Mark Douglas Cronenwett Mackie Wolf Zientz & Mann, P.C. 14160 North Dallas Parkway Suite 900 Dallas, TX 75254 214-635-2650 Fax: 214-635-2686 Email: mcronenwett@mwzmlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/08/2024 | 1 | NOTICE OF REMOVAL (Filing fee $ 405 receipt number ATXSDC-31442038) filed by U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (Cronenwett, Mark) (Entered: 04/08/2024) |
| 04/08/2024 | 2 | CERTIFICATE OF INTERESTED PARTIES by U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1, filed. (Cronenwett, Mark) (Entered: 04/08/2024) |
| 04/09/2024 | 3 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/14/2024 at 09:00 AM by video before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified. (acj4) (Entered: 04/09/2024) |
| 04/15/2024 | 4 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by U.S. Bank Trust National Association, not in its individual capacity but solely as trustee of HOF Grantor Trust 1, filed. Motion Docket Date 5/6/2024. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Cronenwett, Mark) (Entered: 04/15/2024) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 04/23/2024 17:06:10 |
Updated: Texas Rule of Civil Procedure 121 applies:
In the case of Samuels, all the defendants appeared and answered before removal in Harris County District Court…as such Judge Bennett should be remanding this case when he decides to release his Order.https://t.co/5Nigd2IKlO pic.twitter.com/FfZ0R9sfWT— lawsinusa (@lawsinusa) April 23, 2024
202419943 –
3RD WARD HOLDINGS LLC vs. U S BANK TRUST N A
MAR 28, 2024 | REPUBLISHED BY LIT: APR 4, 2024
APR 4 10, 2024
Above is the date LIT Last updated this article.
Petition with supporting exhibits and pleadings by Bandit Texas Lawyer Robert “Clay” Vilt for Wiseman’s entity.
The property listed by realtor Melyssa Wiseman for 8 days at time of this Apr. 4 update – for rent, not sale.
Update Apr 8, 2024
Just as Bandit Vilt files to extend the TRO without a hearing, the Catholic Bandit Mark Cronenwett arrives and snap removes the proceedings to federal court.
Notably, not for sale, but for rent.
Listing agent: Realtor Melyssa Wiseman
Have you seen this judge @MikeEngelhart?
LIT avers that the homeowners have a damages claim against Badger Law Office and Network Funding LP, but not for the reasoning provided by their legal counsel. See our audit results: https://t.co/fdgLQGurDd— lawsinusa (@lawsinusa) April 4, 2024
2518 Cleburne Housing LLC
(23-32106)
United States Bankruptcy Court, S.D. Texas
JUN 5, 2023 | REPUBLISHED BY LIT: MAR 29, 2024
MAR 29, 2024
Above is the date LIT Last updated this article.
DOCKET UPDATE (APR. 27, 2024)
Read the emails in this section along with the combined state court complaint above.
The perjury, fraud and criminal acts should shock you to the core.
Alas, as we’ve witnessed since at least post financial crisis, the courts, state and federal agencies blank our alerts and published evidence continually in the hopes we’ll go away.
That ain’t gonna happen voluntarily.
Courtroom Minutes. Time Hearing Held: 9:30 a.m..
Appearances: Brendon Singh for the Debtor; Debt representative, Robert Wiseman, present; Tom Howley, Subchapter V Trustee; Alicia Barcomb for United States Trustee; Michael Holmes for TBF Financial, LLC; Travis Gray for mortgage servicer Shellpoint Mortgage Servicing.
Minutes: Status Conference held.
Mr. Singh provided an update to the Court.
Mr. Singh confirmed wire transfer of funds per prior hearing.
Mr. Howley addressed the Court.
Mr. Singh is to withdraw Notice at Docket #82.
Debtor to file outstanding MORs by 4/10/2024.
(Related document(s):80 Emergency Motion)
Further Status conference scheduled for 5/3/2024 at 10:00 AM via telephone and video conference.
(njc7) (Entered: 04/03/2024)
Top of the morn’,
202419943 – 3RD WARD HOLDINGS LLC vs. U S BANK TRUST N A (Court 164)
At least Robert Wiseman is consistent. From ‘foreclosure defense’ lawyer Erick Joseph Delarue in 2518 Cleburne to Robert ‘Clay’ Vilt in 3rd Ward Holdings case filed yesterday re 2416 Truxillo St, not to be confused with Vilt’s 2016 representation of 3rd Ward re 2403 Arbor St.
I note there’s been no movement on 2518 Cleburne Housing LLC (23-32106) United States Bankruptcy Court, S.D. Texas. Well, it’s the end of the month, I’m assuming the Trustee got the $10k and any future remuneration will be timely paid by Mr. Wiseman.
Happy Easter.
Cheers
Mark Burke
LIT.
Howdy,
We’re following up with the email below and are disappointed to see that the only memo update from the hearing on the 18th is a demand that $10k in fees be transferred to the Trustee and no mention of the fraud on the court by the debtor or any sign of show cause/sanctions.
Notably, Ms. Tran would not be present but Brendon Singh appeared instead, and without notice Vianey Garza appeared for the Trustee (DOJ) rather than counsel of record, Alicia Barcomb. Was that to allow Tran to avoid awkward questions?
The optics don’t look great, do they? Any comment?
Cheers
Mark Burke
LIT.
Top of the morn,
202413867 – 2518 CLEBURNE HOUSING LLC vs. SHELLPOINT MORTGAGE SERVICING (Court 152)
2518 Cleburne Housing LLC (23-32106), United States Bankruptcy Court, S.D. Texas
We’re currently preparing an article for publication on LawsInTexas.com pertaining to the above case. LIT has been reviewing your related bankruptcy case docket and hearing as recently as March 1, 2024, pertaining to the sale of 2516/2518 Cleburne St., Houston, Texas.
Courtroom Minutes. Time Hearing Held: 1:30 p.m.. Appearances: Susan Tran for the Debtor; Robert Wiseman, Debtor representative; Tom Howley, Subchapter V Trustee; Alicia Barcomb for United States Trustee; Michael Holmes for TBF Financial, LLC; Barcomb for United States Trustee. Minutes: Opening statements by Mr. Howley.
Ms. Tran provided the Court with an update regarding closing of sale and that Trustee payments are to be made from the sale.
Matter re-scheduled for 3/18/2024 at 9:30 via electronic hearing.
Ms. Tran is to provide information regarding sale to the UST and the Subchapter V Trustee. (Related document(s):80 Emergency Motion)
Status conference to be held on 3/18/2024 at 09:30 AM via telephone and video conference. (NormaChavez) (Entered: 03/01/2024)
As you will note, foreclosure defense lawyer Erick Delarue and Rob Wiseman have presented a false and misleading petition/declaration under the penalty of perjury to the Harris County District Court, and obtained a TRO to prevent the sale by Shellpoint at auction today from ancillary Judge Lauren Reeder.
Do you have any comment as to why this was not disclosed at the hearing when you questioned Susan Tran and where Rob Wiseman was present?
Y’all have a great day.
Southern District of Texas (Houston)
Bankruptcy Petition #: 23-32106
| Assigned to: Bankruptcy Judge Eduardo V Rodriguez Chapter 11 Voluntary Asset |
| Date filed: | 06/05/2023 |
| Plan confirmed: | 12/05/2023 |
| 341 meeting: | 07/11/2023 |
| Deadline for filing claims: | 08/14/2023 |
| Deadline for filing claims (govt.): | 12/04/2023 |
| Debtor 2518 Cleburne Housing LLC 12333 Sowden Rd Ste B Houston, TX 77080 HARRIS-TX Tax ID / EIN: 83-3518653 |
represented by | Brendon D Singh Tran Singh, LLP 2502 La Branch Street Houston, TX 77004 832-975-7300 Fax : 832-975-7301 Email: bsingh@ts-llp.comSusan Tran Adams Tran Singh LLP 2502 La Branch Street Houston, TX 77004 832-975-7300 Fax : 832-975-7301 Email: stran@ts-llp.com |
| Trustee Thomas A Howley Howley Law PLLC 711 Louisiana Street, Ste. 1850 Houston, TX 77002 713-333-9125 |
represented by | Thomas A Howley Howley Law PLLC 711 Louisiana Street, Ste. 1850 Houston, TX 77002 713-333-9125 Email: tom@howley-law.com |
| U.S. Trustee US Trustee Office of the US Trustee 515 Rusk Ave Ste 3516 Houston, TX 77002 713-718-4650 |
represented by | Alicia Lenae Barcomb DOJ-U.S. Trustee 515 Rusk Suite 3516 Houston, TX 77002 713-718-4661 Email: alicia.barcomb@usdoj.gov |
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 03/01/2024 | 85 | Courtroom Minutes. Time Hearing Held: 1:30 p.m.. Appearances: Susan Tran for the Debtor; Robert Wiseman, Debtor representative; Tom Howley, Subchapter V Trustee; Alicia Barcomb for United States Trustee; Michael Holmes for TBF Financial, LLC; Barcomb for United States Trustee. Minutes: Opening statements by Mr. Howley. Ms. Tran provided the Court with an update regarding closing of sale and that Trustee payments are to be made from the sale. Matter re-scheduled for 3/18/2024 at 9:30 via electronic hearing. Ms. Tran is to provide information regarding sale to the UST and the Subchapter V Trustee. (Related document(s):80 Emergency Motion) Status conference to be held on 3/18/2024 at 09:30 AM via telephone and video conference. (NormaChavez) (Entered: 03/01/2024) |
|
| 03/18/2024 | 86 | Courtroom Minutes. Time Hearing Held: 9:30 a.m.. Appearances: Tom Howley, Subchapter V Trustee; Brendon Singh for Debtor; Travis Gray for Shellpoint; Vianey Garza for US Trustee; Michael Holmes for TBF Financial. Minutes: Mr. Singh provided a status update to the Court. Mr. Howley requested payment of fees per Docket #6. Mr. Gray addressed the Court. The Court questioned Mr. Singh about payment of Subchapter V Trustee fees. Mr. Robert Wiseman, Debtor representative, was sworn in and provided testimony. Cross-examination by Mr. Howley. Mr. Howley and Mr. Singh were questioned by the Court.Mr. Wiseman was ordered to wire-transfer the amount of $10,000 to Mr. Singh’s IOLTA Account by end of business today, with the funds to be ear-marked for payment of Mr. Howley’s Subchapter V Trustee fees.(Related document(s):80 Emergency Motion) Further status conference scheduled for 4/3/2024 at 09:30 AM via telephone and video conference. (NormaChavez) (Entered: 03/18/2024) |
|
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 03/25/2024 14:37:35 |
PlnDue, DsclsDue, Subchapter_V |
Southern District of Texas (Houston)
Bankruptcy Petition #: 23-32106
| Assigned to: Bankruptcy Judge Eduardo V Rodriguez Chapter 11 Voluntary Asset |
| Date filed: | 06/05/2023 |
| Plan confirmed: | 12/05/2023 |
| 341 meeting: | 07/11/2023 |
| Deadline for filing claims: | 08/14/2023 |
| Deadline for filing claims (govt.): | 12/04/2023 |
| Debtor 2518 Cleburne Housing LLC 12333 Sowden Rd Ste B Houston, TX 77080 HARRIS-TX Tax ID / EIN: 83-3518653 |
represented by | Brendon D Singh Tran Singh, LLP 2502 La Branch Street Houston, TX 77004 832-975-7300 Fax : 832-975-7301 Email: bsingh@ts-llp.comSusan Tran Adams Tran Singh LLP 2502 La Branch Street Houston, TX 77004 832-975-7300 Fax : 832-975-7301 Email: stran@ts-llp.com |
| Trustee Thomas A Howley Howley Law PLLC 711 Louisiana Street, Ste. 1850 Houston, TX 77002 713-333-9125 |
represented by | Thomas A Howley Howley Law PLLC 711 Louisiana Street, Ste. 1850 Houston, TX 77002 713-333-9125 Email: tom@howley-law.com |
| U.S. Trustee US Trustee Office of the US Trustee 515 Rusk Ave Ste 3516 Houston, TX 77002 713-718-4650 |
represented by | Alicia Lenae Barcomb DOJ-U.S. Trustee 515 Rusk Suite 3516 Houston, TX 77002 713-718-4661 Email: alicia.barcomb@usdoj.gov |
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 11/14/2023 | 58 (13 pgs) |
Order Granting Debtor’s Motion to Sell Property. (Related Doc # 48) Signed on 11/14/2023. (NormaChavez) (Entered: 11/14/2023) | |
| 11/15/2023 | 59 (1 pg) |
Order Setting Hearing Signed on 11/15/2023 (Related document(s):57 Application to Employ) Hearing scheduled for 12/5/2023 at 01:30 PM at Houston, Courtroom 402 (EVR). (NormaChavez) (Entered: 11/15/2023) | |
| 11/15/2023 | 60 (4 pgs; 3 docs) |
Certificate of Service (Filed By 2518 Cleburne Housing LLC ).(Related document(s):59 Order Setting Hearing) (Attachments: # 1 Order # 2 Service List) (Tran Adams, Susan) (Entered: 11/15/2023) | |
| 11/16/2023 | 61 (15 pgs) |
BNC Certificate of Mailing. (Related document(s):58 Order on Motion To Sell) No. of Notices: 7. Notice Date 11/16/2023. (Admin.) (Entered: 11/16/2023) |
|
| 11/17/2023 | 62 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):59 Order Setting Hearing) No. of Notices: 2. Notice Date 11/17/2023. (Admin.) (Entered: 11/17/2023) | |
| 11/20/2023 | 63 (4 pgs; 3 docs) |
Certificate of Service (Filed By 2518 Cleburne Housing LLC ).(Related document(s):45 Order Setting Hearing) (Attachments: # 1 Service List # 2 Order) (Tran Adams, Susan) (Entered: 11/20/2023) | |
| 11/30/2023 | 64 (6 pgs) |
Chapter 11 Ballots (Filed By 2518 Cleburne Housing LLC ). (Singh, Brendon) (Entered: 11/30/2023) | |
| 12/01/2023 | 65 (8 pgs) |
Chapter 11 Ballots (Filed By 2518 Cleburne Housing LLC ). (Singh, Brendon) (Entered: 12/01/2023) | |
| 12/01/2023 | 66 (45 pgs; 5 docs) |
Witness List, Exhibit List (Filed By 2518 Cleburne Housing LLC ).(Related document(s):21 Chapter 11 Small Business Subchapter V Plan) (Attachments: # 1 Exhibit 1 – Chapter 11 Small Business Subchapter V Plan # 2 Exhibit 2 – Liquidation Analysis # 3 Exhibit 3 – Real Property Sale Agreement # 4 Exhibit 4 – Chapter 11 Ballot Summary with Ballots) (Singh, Brendon) (Entered: 12/01/2023) | |
| 12/01/2023 | 67 (16 pgs; 4 docs) |
Witness List, Exhibit List (Filed By 2518 Cleburne Housing LLC ).(Related document(s):57 Application to Employ) (Attachments: # 1 Exhibit 1 – Real Estate Agreement # 2 Exhibit 2 – Resume of Melyssa Wiseman # 3 Exhibit 3 – Declaration of Melyssa Wiseman) (Singh, Brendon) (Entered: 12/01/2023) | |
| 12/02/2023 | 68 (3 pgs) |
Proposed Order RE: Confirming Subchapter V Plan of Reorganization (Filed By 2518 Cleburne Housing LLC ).(Related document(s):21 Chapter 11 Small Business Subchapter V Plan) (Singh, Brendon) (Entered: 12/02/2023) | |
| 12/02/2023 | 69 (26 pgs) |
Proposed Order RE: Confirming Subchapter V Plan of Reorganization (Filed By 2518 Cleburne Housing LLC ).(Related document(s):21 Chapter 11 Small Business Subchapter V Plan) (Singh, Brendon) (Entered: 12/02/2023) | |
| 12/05/2023 | 70 (8 pgs; 2 docs) |
Debtor-In-Possession Monthly Operating Report for Filing Period ending 10/31/2023, $111 disbursed (Filed By 2518 Cleburne Housing LLC ). (Attachments: # 1 Supporting Documentation) (Singh, Brendon) (Entered: 12/05/2023) | |
| 12/05/2023 | 71 (26 pgs) |
Order Confirming Subchapter V Plan or Reorganization. Signed on 12/5/2023 (Related document(s):21 Chapter 11 Small Business Subchapter V Plan) (NormaChavez) (Entered: 12/05/2023) | |
| 12/05/2023 | 72 (2 pgs) |
Order Post Confirmation. Signed on 12/5/2023 (NormaChavez) (Entered: 12/05/2023) | |
| 12/05/2023 | 73 (13 pgs) |
Order Authorizing Employment of Real Estate Agent. (Related Doc # 57) Signed on 12/5/2023. (NormaChavez) (Entered: 12/05/2023) | |
| 12/07/2023 | 74 (28 pgs) |
BNC Certificate of Mailing. (Related document(s):71 Order Confirming Chapter 11 Plan) No. of Notices: 7. Notice Date 12/07/2023. (Admin.) (Entered: 12/07/2023) | |
| 12/07/2023 | 75 (4 pgs) |
BNC Certificate of Mailing. (Related document(s):72 Post Confirmation Order and Notice) No. of Notices: 7. Notice Date 12/07/2023. (Admin.) (Entered: 12/07/2023) |
|
| 12/07/2023 | 76 (15 pgs) |
BNC Certificate of Mailing. (Related document(s):73 Order on Application to Employ) No. of Notices: 2. Notice Date 12/07/2023. (Admin.) (Entered: 12/07/2023) | |
| 01/22/2024 | 77 (7 pgs; 2 docs) |
Debtor-In-Possession Monthly Operating Report for Filing Period ending 11/30/2023, $111 disbursed (Filed By 2518 Cleburne Housing LLC ). (Attachments: # 1 Supporting Bank Statements) (Singh, Brendon) (Entered: 01/22/2024) | |
| 02/05/2024 | 78 (1 pg) |
Chapter 11 Subchapter V Trustees Report of No Distribution. Funds Collected: $0.00. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 8 months. Assets Abandoned (without deducting any secured claims): $1108478.18, Assets Exempt: $0.00, Claims Scheduled: $1278295.53, Claims Asserted: Not Available, Claims scheduled to be discharged without payment (without deducting the value of collateral or debts excepted from discharge): $1278295.53. (Howley, Thomas) (Entered: 02/05/2024) | |
| 02/21/2024 | 79 (2 pgs) |
Notice of Default (Filed By 2518 Cleburne Housing LLC ).(Related document(s):71 Order Confirming Chapter 11 Plan) (O’Boyle, Jack) (Entered: 02/21/2024) | |
| 02/26/2024 | 80 (6 pgs; 2 docs) |
Emergency Motion Subchapter V Trustees Emergency Motion to Schedule Status Conference Filed by Trustee Thomas A Howley (Attachments: # 1 Proposed Order) (Howley, Thomas) (Entered: 02/26/2024) | |
| 02/27/2024 | 81 (2 pgs) |
Order Setting Electronic Status Conference. Signed on 2/27/2024 (Related document(s):80 Emergency Motion) Status conference to be held on 3/1/2024 at 01:30 PM via telephone and video conference. (NormaChavez) (Entered: 02/27/2024) | |
| 02/27/2024 | 82 (3 pgs) |
Notice of Occurrence of Effective Date of Debtor’s Subchapter V Plan of Reorganization and Related Deadlines. (Related document(s):21 Chapter 11 Small Business Subchapter V Plan, 71 Order Confirming Chapter 11 Plan) Filed by 2518 Cleburne Housing LLC (Singh, Brendon) (Entered: 02/27/2024) | |
| 02/28/2024 | 83 (3 pgs; 2 docs) |
Certificate of Service (Filed By Thomas A Howley ).(Related document(s):81 Order Setting Hearing) (Attachments: # 1 Creditor Matrix) (Howley, Thomas) (Entered: 02/28/2024) | |
| 02/29/2024 | 84 (4 pgs) |
BNC Certificate of Mailing. (Related document(s):81 Order Setting Hearing) No. of Notices: 2. Notice Date 02/29/2024. (Admin.) (Entered: 02/29/2024) | |
| 03/01/2024 | 85 | Courtroom Minutes. Time Hearing Held: 1:30 p.m.. Appearances: Susan Tran for the Debtor; Robert Wiseman, Debtor representative; Tom Howley, Subchapter V Trustee; Alicia Barcomb for United States Trustee; Michael Holmes for TBF Financial, LLC; Barcomb for United States Trustee. Minutes: Opening statements by Mr. Howley. Ms. Tran provided the Court with an update regarding closing of sale and that Trustee payments are to be made from the sale. Matter re-scheduled for 3/18/2024 at 9:30 via electronic hearing. Ms. Tran is to provide information regarding sale to the UST and the Subchapter V Trustee. (Related document(s):80 Emergency Motion) Status conference to be held on 3/18/2024 at 09:30 AM via telephone and video conference. (NormaChavez) (Entered: 03/01/2024) | |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 03/05/2024 10:13:05 |
🤠MESSAGE TO TEXANS
Join LIT as we publish live updates on foreclosure lawsuits being filed to stop homes from facing the gavel in Harris County District Courts.🔥MATTERS OF PUBLIC CONCERN
LIT reveals the legal schemes in place to steal citizens homes for cents on the dollar. pic.twitter.com/t9fS6uBT5H— lawsinusa (@lawsinusa) March 29, 2024
202413867 –
2518 CLEBURNE HOUSING LLC vs. SHELLPOINT MORTGAGE SERVICING
FEB 4, 2024 | REPUBLISHED BY LIT: MAR 29, 2024
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