LIT COMMENTARY
This article is becoming rather lengthy, hence it’s best if we summarize the main bankruptcy case #21-33581 here and which is detailed further down the page.
JULY 4, 2024
Diogu’s homestead in Fort Bend has been listed for auction, whether that’s final is not known at this time.
He has also been disbarred from practicing law in the State of Texas in 2024.
He’s seeking and obtained a review of disgraced former Chief Bankruptcy Judge David Jones relationships and rulings, which will go nowhere as the judiciary circle the wagons tightly around their colleague(s) and lawyers involved in benefiting from millions of dollars in fees from his corrupt orders.
More recently, Diogu has filed suit against some familiar faces, including Judge Mike Engelhart’s (Harris County District Court) wife, lawyer Eva Engelhart and others involved in his bankruptcy and related adversary cases.
Notice That all Bankruptcy Decisions Made by Judge David Jones on Matters Involving Michael Durrschmidt And Diogu Kalu Diogu II Are Under Review.
Filed by Diogu Kalu Diogu II
(BrendaLacy) (Entered: 03/18/2024)
Southern District of Texas (Houston)
Bankruptcy Petition #: 21-33581
| Assigned to: Bankruptcy Judge Christopher M. Lopez Chapter 7 Previous chapter 13 Original chapter 13 Voluntary Asset
|
|
| Debtor Diogu Kalu Diogu, II 4726 Gainsborough Dr Brookshire, TX 77423 OUTSIDE U. S. United States 7137913225 SSN / ITIN: xxx-xx-9066 Tax ID / EIN: 86-1741112 aka Mark Kalu Diogu aka Diogu Kalu dba Diogu Law Firm PLLC dba Attip Group LLC |
represented by | Diogu Kalu Diogu, II Attorney at Law 4726 Gainsborough Dr Brookshire, TX 77423 713-791-3225 Fax : 713-429-5237 Email: diogu.diogu.law.firm@gmail.comMiriam Goott Walker & Patterson, PC PO Box 61301 Houston, TX 77208 713-956-5577 Fax : 713-956-5570 Email: mgoott@walkerandpatterson.comJames Q. Pope The Pope Law Firm 6161 Savoy Drive Ste 1125 Houston, TX 77036 713-449-4481 Email: ecf@thepopelawfirm.comMichael Glen Walker, Sr Walker & Patterson, P.C. 4815 Dacoma Houston, TX 77092 713-956-5577 Fax : 713-956-5570 Email: mwalker@walkerandpatterson.com
|
| Petitioning Creditor Commission for Lawyer Discipline |
represented by | John S Brannon Attorney at Law 29 Cokeberry Street The Woodlands, TX 77380 972-415-2441 Email: jbrannon@brannonlaw.net |
| Defendant Hirsch & Westheimer, P.C. |
represented by | Michael J Durrschmidt Hirsch & Westheimer, P.C. 1415 Louisiana 36th Floor Houston, TX 77002 713-220-9165 Fax : 713-223-9319 Email: mdurrschmidt@hirschwest.com |
| Defendant Michael J Durrschmidt |
represented by | Michael J Durrschmidt (See above for address) |
| Defendant Bradley E Rauch |
represented by | Michael J Durrschmidt (See above for address) |
| Defendant Kim E Lewinski |
represented by | Michael J Durrschmidt (See above for address) |
| Defendant Foreclosure Network of Texas |
represented by | Michael J Durrschmidt (See above for address) |
| Defendant Lillian Poelker |
represented by | Michael J Durrschmidt (See above for address) |
| Defendant Sandy Desigenis |
represented by | Michael J Durrschmidt (See above for address) |
| Defendant Jeff Leva |
represented by | Michael J Durrschmidt (See above for address) |
| Trustee Eva S Engelhart Ross Banks May Cron and Cavin PC 7700 San Felipe Suite 550 Houston, TX 77063 713-626-1200 |
represented by | Eva S Engelhart Ross Banks May Cron and Cavin PC 7700 San Felipe Suite 550 Houston, TX 77063 713-626-1200 Fax : 713-623-6014 Email: eengelhart@rossbanks.comMarc Douglas Myers Ross, Banks, May, Cron & Cavin P.C. 7700 San Felipe Suite 550 Houston, TX 77063 713-626-1200 Fax : 713-623-6014 Email: mmyers@rossbanks.com |
| U.S. Trustee US Trustee Office of the US Trustee 515 Rusk Ave Ste 3516 Houston, TX 77002 713-718-4650 |
represented by | Stephen Douglas Statham DOJ-Ust 7230 Latitude St Corpus Christi, TX 78414 713-876-9571 Email: statham01@gmail.comChristopher Ross Travis Office of the United States Trustee 515 Rusk Street Ste 3516 Houston, TX 77002 202-603-5225 Email: C.Ross.Travis@usdoj.gov |
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 11/27/2023 | 281 | Adversary case 23-03254. Nature of Suit: (41 (Objection / revocation of discharge – 727(c),(d),(e))) Complaint by David Melanson, Denise Robbins, Eddie Krenek against Diogu Kalu Diogu II. Fee Amount $350 (Attachments: # 1 Exhibit Original Petition Disciplinary Proceeding # 2 Exhibit Debtor Pleading in Disciplinary Proceeding # 3 Exhibit Vexatious Litigant Order # 4 Exhibit Vexatious Litigant Order # 5 Exhibit Vexatious Litigant Order from Bankruptcy Court # 6 Exhibit Complaint Against Bankruptcy Judges # 7 Appendix Adversary Cover Sheet) (Cumings, Brian) (Entered: 11/27/2023) | |
| 11/30/2023 | 282 | Notice of Appearance and Request for Notice Filed by Melissa E Valdez Filed by on behalf of Needville Independent School District (Valdez, Melissa) (Entered: 11/30/2023) | |
| 01/18/2024 | 283 | Emergency Motion to Rule on Various Defendants’ Immunity Claims Filed by Defendants Sandy Desigenis, Michael J Durrschmidt, Foreclosure Network of Texas, Hirsch & Westheimer, P.C., Jeff Leva, Kim E Lewinski, Lillian Poelker, Bradley E Rauch, Creditor Lakeland West Capital 41, LLC (Attachments: # 1 Proposed Order) (Durrschmidt, Michael) (Entered: 01/18/2024) | |
| 02/06/2024 | 284 | Notice of Disbarment. Filed by Lakeland West Capital 41, LLC (Attachments: # 1 Exhibit 1 – Diogu Judgment of Disbarment) (Durrschmidt, Michael) (Entered: 02/06/2024) | |
| 02/07/2024 | 285 | Order Regarding Suspension of Attorney Diogu Kalu Diogu, II. Signed on 2/7/2024 (ccass) (Entered: 02/07/2024) | |
| 02/09/2024 | 286 | BNC Certificate of Mailing. (Related document(s):285 Order Regarding Attorney Suspension) No. of Notices: 9. Notice Date 02/09/2024. (Admin.) (Entered: 02/09/2024) | |
| 03/08/2024 | 287 | COPY OF Order Setting Hearing in Case no. 24-396, Signed on 3/8/2024 (SierraThomasAnderson) (Main Document 287 replaced on 3/8/2024) (TylerLaws). (Entered: 03/08/2024) | |
| 03/10/2024 | 288 | BNC Certificate of Mailing. (Related document(s):287 Generic Order) No. of Notices: 9. Notice Date 03/10/2024. (Admin.) (Entered: 03/11/2024) | |
| 03/11/2024 | 289 | Notice of Filing of Notice of Appeal. Filed by Sandy Desigenis, Michael J Durrschmidt, Foreclosure Network of Texas, Hirsch & Westheimer, P.C., Lakeland West Capital 41, LLC, Jeff Leva, Kim E Lewinski, Lillian Poelker, Bradley E Rauch (Attachments: # 1 Exhibit A) (Durrschmidt, Michael) (Entered: 03/11/2024) | |
| 03/18/2024 | 290 | Notice That all Bankruptcy Decisions Made by Judge David Jones on Matters Involving Michael Durrschmidt And Diogu Kalu Diogu II Are Under Review. Filed by Diogu Kalu Diogu II (BrendaLacy) (Entered: 03/18/2024) | |
| 06/18/2024 | 291 | Adversary case 24-03124. Nature of Suit: (11 (Recovery of money/property – 542 turnover of property)) Complaint by Diogu Kalu Diogu II against Eva S. Engelhart . Receipt Number O, Fee Amount $350 (Attachments: # 1 Exhibit) (glc4) (Entered: 06/18/2024) | |
| 06/24/2024 | 292 | Adversary case 24-03126. Nature of Suit: (14 (Recovery of money/property – other)) Complaint by Diogu Kalu Diogu, II against Pete Drew Kennedy , Tricia Krenek , Edward Krenek . Receipt Number O, Fee Amount $350 (jm4) (Entered: 06/24/2024) | |
| 07/03/2024 | 293 | Emergency Motion to Abandon Motor Vehicle Filed by Trustee Eva S Engelhart (Attachments: # 1 Proposed Order) (Myers, Marc) (Entered: 07/03/2024) | |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 07/04/2024 09:13:26 |
LIT COMMENTARY
Diogu’s history is quite the story.
We’re trackin’ this case but the upshot is Texas lawyer Diogu decided to get into the adverse possession game with Fulshear properties and that hasn’t ended well.
He’s been ordered to pay a bill of $161k in attorney fees and sanctions after an adverse opinion from Judge Shoemake, Fort Bend, and that apparently has culminated in this bankruptcy proceeding.
Parties due monies from the Shoemake order are lining up for repayment before the federal bankruptcy court. Most recently, Diogu has retained a bankruptcy lawyer to no doubt attend the scheduled conference on Jan 19, in anticipation of a foreclosure sale on Feb 1, 2022.
Bookmark for updates.
Diogu Law Firm PLLC v. Melanson,
No. 14-18-01053-CV (Tex. App. Oct. 20, 2020)
JUSTICE MEAGAN HASSAN | REPUBLISHED BY LIT: JAN 11, 2022
The judicial proceedings privilege is an affirmative defense.
Wilkinson v. USAA Fed. Sav. Bank Tr. Servs., No. 14-13-00111-CV, 2014 WL 3002400, at *6 (Tex. App. Houston [14th Dist.] July 1, 2014, pet. denied) (mem. op .); see also ProPublica, Inc. v. Frazier, No. 01-19-00009-CV, 2020 WL 370563, at *7 (Tex. App. Houston [1st Dist.] Jan. 23, 2020, pet. filed) (mem. op.).
It applies to judges, counsel, and parties, among others.
Landrys, Inc. v. Animal Legal Def. Fund, 566 S.W.3d 41, 57 (Tex. App. Houston [14th Dist.] 2018, p et. denied); Wilkinson, 2014 WL 3002400, at *6.
Under the judicial proceedings privilege, any statement made in the due course of or in serious contemplation of a judicial or quasi-judicial proceeding is absolutely privileged and cannot serve as the basis for a defamation lawsuit.
Cantey Hanger, LLP v. Byrd, 467 S.W.3d 477, 487 (Tex. 2015) (Green, J. dissenting); Shell Oil Co. v. Writt, 464 S.W.3d 650, 654-55 (Tex. 2015); James v. Brown, 637 S.W.2d 914, 916 (Tex. 1982) (per curiam); Landrys, Inc., 566 S.W.3d at 57.
Thus, the privilege provides the defendant with a defense against the plaintiffs defamation suit that is based on communications made in the course of a judicial or quasi-judicial proceeding;
the judicial proceedings privilege does not provide protection to the plaintiff who brought the defamation suit.
Therefore, even accepting Appellants apparent (but erroneous) assertion that their defamation suit is based on statements Diogu made at the Fulshear City Council meeting and that the council meeting was a judicial proceeding, Appellants cannot claim the judicial proceedings privilege because the privilege protects the party against whom the defamation suit (based on communications made in the course of a judicial or quasi-judicial proceeding) is brought.
Appellants as the plaintiffs in this defamation suit cannot assert the judicial proceedings privilege and avoid the sanctions and attorneys fees the trial court awarded against them as provided by the TCPA after the court granted Appellees TCPA motions to dismiss Appellants defamation suit.
On September 21, 2018, Judge Shoemake signed a final judgment in the defamation suit ordering that
(1) Appellants’ claims are dismissed with prejudice;
(2) Appellants’ Motion to Disqualify Opposing Counsels is denied because it was filed in violation of Texas Rule of Civil Procedure 13;
(3) Appellants must pay Appellees $3,159.00 as reasonable and necessary attorney’s fees incurred in defending said motion;
(4) Appellees’ TCPA motions to dismiss are granted;
(5) Appellants pay Appellees $52,853.00 as reasonable and necessary attorney’s fees in defending “the case in chief and for filing and presenting the Motion[s] to Dismiss” as well as attorney’s fees in the event of an appeal;
and
(6) Appellants pay Appellees “the additional amount of $105,706.00 as sanctions to deter the bringing of similar actions and to promote the purposes of” the TCPA.
The same day, the trial judge also signed findings of fact and conclusions of law.
Total Bill: $161,718
Diogu Kalu Diogu, II
(21-33581)
United States Bankruptcy Court, S.D. Texas
NOV 2, 2021 | REPUBLISHED BY LIT: JAN 11, 2022
INTERIM ORDER REGARDING LAKELAND WEST CAPITAL 41, L.L.C.’S MOTION FOR RELIEF FROM THE AUTOMATIC STAY REGARDING 4726 GAINSBOROUGH DR, BROOKSHIRE, TX 77423
(Relates to Docket No. 28)
ON THIS DAY came for hearing Lakeland West Capital 41, L.L.C.’s Motion for Relief Under 11 U.S.C. § 362(d)(1) from the Automatic Stay Regarding 4726 Gainsborough Drive, Brookshire, TX 77423, the responses filed, evidence presented, and arguments of counsel.
It is, therefore, ORDERED that Lakeland West Capital 41, L.L.C., its successors and assigns (“Lakeland”), is permitted to post that certain real property known as 4726 GAINSBOROUGH DRIVE, BROOKSHIRE, TX 77423 being further described on Exhibit “A” attached hereto (the “Property”), for a February 1, 2022 foreclosure sale; provided, however, that Lakeland shall not proceed with a non-judicial foreclosure sale without further order of the Court.
It is further ORDERED that the hearing on Lakeland West Capital 41, L.L.C.’s Motion for Relief filed at Docket No. 28, on December 17, 2021, at 9:00 a.m. (C.S.T.), continued to January 19, 2022 at 3:30 p.m.
APPROVED AND ENTRY REQUESTED:
HIRSCH & WESTHEIMER, P.C.
By: /s/ Michael J. Durrschmidt
Michael J. Durrschmidt
Texas Bar No. 06287650
Kim Lewinski
State Bar No. 24097994
1415 Louisiana, Floor 36
Houston, Texas 77002
Telephone: 713-220-9165
Facsimile: 713-223-9319
E-mail: mdurrschmidt@hirschwest.com
E-mail: klewinski@hirschwest.com
ATTORNEYS FOR LAKELAND WEST CAPITAL 41, LLC
APPROVED AS TO FORM:
DIOGU KALU DIOGU, II
By: /s/ Diogu Kalu Diogu, II
(with permission)
Diogu Law Firm PLLC
Texas Bar No. 24000340
4726 Gainsborough Dr.
Brookshire, Texas 77423
Telephone: 713-791-3225
Facsimile: 832-408-7611
E-mail: Diogu.diogu.law.firm@gmail.com
DEBTOR
Diogu v. Lakeland West Capital 41, L.L.C.
(4:21-cv-03201)
District Court, S.D. Texas
OCT 1, 2021 | REPUBLISHED BY LIT: JAN 11, 2022
Case before Judge Sim Lake terminated in Nov. 2021 after bankruptcy proceedings commenced.
Commission for Lawyer Discipline vs Diogu Kalu Diogu, II
Case Type: Other Civil
Date Filed: 01/06/2021
Location: 458th District Court
Case No. 21-DCV-279744
Commenced: 01/06/2021
Last entry: 10/08/2021
Kalu Diogu was officially disbarred on Jan 30, 2024:
Diogu was referred to the State Bar of Texas by Judge Shoemake’s Fort Bend court. There is no opinion available on the docket and there is no sanctionable conduct noted on Diogu’s Texas Bar Profile as at January 2022.
Offord v. City of Fulshear,
No. 20-20445
(5th Cir. June 9, 2021)
REPUBLISHED BY LIT: JAN 11, 2022
I. Factual & Procedural Background
Offord began working in the position of City Secretary in May 2006.
Offord was hired as an “at-will” employee meaning that either party could terminate the employment relationship at any time, with or without cause.
She was generally supervised by the mayor, the city council, and the planning commission.
James Roberts was serving as mayor when Offord was hired, and Tommy Kuykendall was elected as mayor in 2010.
C.J. Snipes served as city manager during most of the time Offord worked for the City.
He was replaced by Kenny Seymour in 2018. In March 2018, Seymour terminated Offord’s employment on grounds that she had violated the City’s employment policies against “misrepresentation or lying to a . . . member of the public” to the potential detriment of the City and for violating various “laws relating to dishonest activities or fraud.”
The City cited these reasons because it had discovered that, in another case culminating around early 2018,1 Offord’s current counsel, Diogu Kalu Diogu, had filed an invalid deed in the Fort Bend County real property records.
The deed falsely claimed ownership of an easement on property that Diogu controlled when, in actuality, the City rightfully owned the easement.
In litigating that case, the city attorney researched the chain of title to the easement and, during that process, learned that a sanctions motion and order existed against Offord in a 2012 probate case where she was represented by Diogu.
C. The City’s Motion for Sanctions
Finally, pending before this court is the City’s previously filed motion for sanctions against Offord’s attorney, Diogu, including appellate costs and attorney’s fees.
The City does not seek sanctions against Offord individually.
Diogu has responded to the City’s motion arguing that it is premature because at the time it was filed, this court had not yet ruled on the merits of Offord’s appeal. Offord submitted an affidavit in support of Diogu’s response clarifying that she fully supported the filing of this appeal and was not persuaded by Diogu to file a purportedly frivolous appeal, as the City suggests. Offord expresses in her affidavit that the City is attempting to “create a wedge” between herself and Diogu by filing for sanctions against him alone.
“Federal Rule of Appellate Procedure 38 confers broad discretion on federal courts of appeals to award sanctions in any appeal the court determines to be ‘frivolous.’”
Sun Coast Res., Inc. v. Conrad, 958 F.3d 396, 398 (5th Cir. 2020) (citing Fed. R. App. P. 38 (“If a court of appeals determines that an appeal is frivolous, it may, after a separately filed motion or notice from the court and reasonable opportunity to respond, award just damages and single or double costs to the appellee.”)).
“An appeal is frivolous if the result is obvious or the arguments of error are wholly without merit[.]”
Coghlan v. Starkey, 852 F.2d 806, 811 (5th Cir. 1988).
However, we have acknowledged that Rule 38 sanctions are best applied in matters involving malice, as opposed to incompetence.
Sun Coast, 985 F.3d at 398.
We have observed that Offord has advanced numerous meritless arguments and that, in some contexts, she has misconstrued and misapplied the applicable law. But the arguments that she advances on appeal, although often disorganized, confusing, and unpersuasive, do not rise to the level of malice.
If anything is apparent from Offord’s affidavit, it is that she emphatically supports the allegations of discrimination that Diogu has advanced on her behalf.
That said, we warn Offord and Diogu against future unnecessary filings or bad faith tactics of any kind in this court.
We exercise our discretion not to grant sanctions under Rule 38 in this particular instance.5
The City’s motion is denied.
5 However, because this court has affirmed the district court’s judgment, costs are taxed to Offord pursuant to Rule 39(a)(2). See Fed R. App. P. 39(a)(2).
DIOGU, MARK K vs. NON-ADVERSARY (CHANGE OF NAME)
JudgeName: LINDA MARIE DUNSON
JUN 5, 1995 | REPUBLISHED BY LIT: JAN 11, 2022
A name change is noted in the Harris County Court records changing Mark K Diogu’s name to Diogu Kalu Diogu.
Texas Appellate Justice Ken Molberg: Statute of Limitations Suspended During Litigation and Appeal
That differs when you are in Federal Court on Appeal. It didn’t stop PHH and Mark Cronenwett from filing for nonjudicial foreclosure.
Justice in the Wild West: One Fearless Widow’s Battle for Truth and Honor in the Federal Courthouse
The Texas Struggle: Defying Northern Banking Giants and Their Bounty Hunting Lawyers to Protect Her Home from Rustlers and Thieves
Including the How: Addressing the Missing Piece in Quoting Fraud with Specificity
In Plaintiff’s prior response, under section F. Burke Fails to Assert a Claim for Fraud, the How element was inadvertently omitted.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-03201
Create an Alert for This Case on RECAP
| Diogu v. Lakeland West Capital 41, L.L.C. et al Assigned to: Judge Sim Lake
Cause: 28:1331 Fed. Question |
Date Filed: 10/01/2021 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Plaintiff | ||
| Diogu Kalu Diogu, II | represented by | Tanika J. Solomon T. J. Solomon Law Group, P.L.L.C. 2120 Welch Street Houston, TX 77019 713-640-5944 Email: attorney@tjsololaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Lakeland West Capital 41, L.L.C. | represented by | Benjamin Witten Allen Wallace & Allen, LLP 440 Louisiana Suite 1500 Houston, TX 77002 713-227-1477 Fax: 713-227-0104 Email: ballen@wallaceallen.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Veritex Community Bank | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 10/01/2021 | 1 | NOTICE OF REMOVAL from 434th District Court of Fort Bend County, Texas, case number 21-DCV-287068 (Filing fee $ 402 receipt number 0541-27132912) filed by Lakeland West Capital 41, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(Allen, Benjamin) (Entered: 10/01/2021) |
| 10/04/2021 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/21/2022 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 10/04/2021) |
| Document Text |
|---|
 Filing 21 ORDER – Pltf filed a #20 Notice of Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Plaintiff asserts that the dismissal is warranted pursuant to the filing of his Chapter 13 Bankruptcy on November 2, 2021. Accordingly, this Court accepts the Notice of Voluntary Dismissal and this action is hereby DISMISSED without prejudice against refiling the same. Each party will bear its own costs…*** Case terminated on 11/16/21. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) |
| Filing 20 NOTICE of Dismissal as to All Parties by Diogu Kalu Diogu, II, filed. (Diogu, Diogu) |
| Filing 19 SUGGESTION OF BANKRUPTCY by Lakeland West Capital 41, L.L.C., filed.(Allen, Benjamin) |
| Filing 18 MOTION to Dismiss #8 Amended Complaint/Counterclaim/Crossclaim etc., Motions referred to Christina A Bryan. by Lakeland West Capital 41, L.L.C., filed. Motion Docket Date 12/3/2021. (Allen, Benjamin) |
| Filing 17 ORDER granting #10 Motion for Extension of Time to Respond to Defendant’s’ Motions.(Signed by Magistrate Judge Christina A Bryan) Parties notified.(cjan, 4) |
| Filing 16 ORDER – CASE REFERRED to Magistrate Judge Christina A Bryan. Parties to advise court w/in 20 days if they will consent to Judge Bryan. *** Initial Conference set for 1/21/2022 at 03:00 PM before Judge Sim Lake is CANCELLED. *** (Signed by Judge Sim Lake) (Attachments: #1 Consent Form) Parties notified.(sanderson, 4) |
| Filing 15 ORDER – Plaintiff seeks to restrain a foreclosure of his home scheduled for November 2, 2021. Having carefully considered the parties arguments, the court concludes that Plaintiff’s #8 First Amended Complaint and #9 Ex Parte EMERGENCY MOTION First MOTION for Temporary Restraining Order should be and are hereby DENIED because Plaintiff has not shown that he is likely to succeed on the merits or that he will suffer irreparable injury if the foreclosure occurs as scheduled on November 2, 2021. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) |
| Filing 14 First CERTIFICATE OF INTERESTED PARTIES by Diogu Kalu Diogu, II, filed.(Diogu, Diogu) |
| Filing 13 First Proposed Pretrial Order by Diogu Kalu Diogu, II(Diogu, Diogu) |
| Filing 12 First REPLY to Response to #4 MOTION to Dismiss Original Complaint, #10 First MOTION for Extension of Time Respond to Defendants’ motion to Dismiss, #3 MOTION to Dismiss , #9 Ex Parte EMERGENCY MOTIONFirst MOTION for Temporary Restraining Order, #5 MOTION for Joinder as to #4 MOTION to Dismiss Original Complaint, filed by Diogu Kalu Diogu, II. (Attachments: #1 Exhibit Rescission of Laon)(Diogu, Diogu) |
| Filing 11 RESPONSE in Opposition to #9 Ex Parte EMERGENCY MOTIONFirst MOTION for Temporary Restraining Order, filed by Lakeland West Capital 41, L.L.C.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Allen, Benjamin) |
| Filing 10 First MOTION for Extension of Time Respond to Defendants’ motion to Dismiss by Diogu Kalu Diogu, II, filed. Motion Docket Date 11/19/2021. (Attachments: #1 Proposed Order)(Diogu, Diogu) |
| Filing 9 Ex Parte EMERGENCY MOTION( Motion Docket Date 11/19/2021.), First MOTION for Temporary Restraining Order by Diogu Kalu Diogu, II, filed. (Attachments: #1 Complaint Amended Complaint In support, #2 Exhibit Exhibits 1-15, #3 Affidavit In support for TRO, #4 Exhibit Exhibits 1, 4 and 15)(Diogu, Diogu) |
| Filing 8 First AMENDED COMPLAINT with JURY DEMAND against All Defendants filed by Diogu Kalu Diogu, II. Related document: #1 Notice of Removal, filed by Lakeland West Capital 41, L.L.C.. (Attachments: #1 Affidavit Support of Amended Complaint, #2 Exhibit Exhibits 1-15)(Diogu, Diogu) |
| Filing 7 CERTIFICATE OF INTERESTED PARTIES by Lakeland West Capital 41, L.L.C., filed.(Allen, Benjamin) |
| Filing 6 CERTIFICATE OF INTERESTED PARTIES by Veritex Community Bank, filed.(Clark, Brian) |
| Filing 5 MOTION for Joinder as to #4 MOTION to Dismiss Original Complaint by Lakeland West Capital 41, L.L.C., filed. Motion Docket Date 10/29/2021. (Allen, Benjamin) |
| Filing 4 MOTION to Dismiss Original Complaint by Veritex Community Bank, filed. Motion Docket Date 10/29/2021. (Attachments: #1 Proposed Order Order)(Clark, Brian) |
| Filing 3 MOTION to Dismiss by Lakeland West Capital 41, L.L.C., filed. Motion Docket Date 10/29/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Proposed Order on Defendant’s Motion to Dismiss)(Allen, Benjamin) |
| Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/21/2022 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) |
| Filing 1 NOTICE OF REMOVAL from 434th District Court of Fort Bend County, Texas, case number 21-DCV-287068 (Filing fee $ 402 receipt number 0541-27132912) filed by Lakeland West Capital 41, L.L.C.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Allen, Benjamin) |
Southern District of Texas (Houston)
Bankruptcy Petition #: 21-33581
Create an Alert for This Case on RECAP
| Assigned to: Bankruptcy Judge David R Jones Chapter 13 Voluntary Asset
|
|
| Debtor Diogu Kalu Diogu, II 4726 Gainsborough Dr Brookshire, TX 77423 OUTSIDE U. S. United States 7137913225 SSN / ITIN: xxx-xx-9066 |
represented by | Diogu Kalu Diogu, II Attorney at Law 4726 Gainsborough Dr Brookshire, TX 77423 713-791-3225 Fax : 713-429-5237 Email: diogu.diogu.lawfirm@gmail.comMichael Glen Walker, Sr Walker & Patterson, P.C. 4815 Dacoma Houston, TX 77092 713-956-5577 Fax : 713-956-5570 Email: mwalker@walkerandpatterson.com |
| Trustee William E. Heitkamp Office of Chapter 13 Trustee 9821 Katy Freeway Ste 590 Houston, TX 77024 713-722-1200 |
||
| U.S. Trustee US Trustee Office of the US Trustee 515 Rusk Ave Ste 3516 Houston, TX 77002 713-718-4650 |
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 12/17/2021 | 51 (14 pgs; 3 docs) |
Amended Schedule A/B: Property for Individual (Filed By Diogu Kalu Diogu II). (Attachments: # 1 Exhibit Attachment 1 # 2 Exhibit Attachment 2) (Diogu, Diogu) (Entered: 12/17/2021) | |
| 12/17/2021 | 52 (164 pgs; 23 docs) |
Exhibit List (Filed By Lakeland West Capital 41, LLC ).(Related document(s):46 Exhibit List, Witness List) (Attachments: # 1 Exhibit 29 # 2 Exhibit 30 # 3 Exhibit 31 # 4 Exhibit 32 # 5 Exhibit 33 # 6 Exhibit 34 # 7 Exhibit 35 # 8 Exhibit 36 # 9 Exhibit 37 # 10 Exhibit 38 # 11 Exhibit 39 # 12 Exhibit 40 # 13 Exhibit 41 # 14 Exhibit 42 # 15 Exhibit 43 # 16 Exhibit 44 # 17 Exhibit 45 # 18 Exhibit 46 # 19 Exhibit 47 # 20 Exhibit 48 # 21 Exhibit 49 # 22 Exhibit 50) (Lewinski, Kim) (Entered: 12/17/2021) | |
| 12/17/2021 | 53 | Courtroom Minutes. Time Hearing Held: 9:00 AM. Appearances: Diogu Kalu Diogu, II, Pro se Debtor; Michael Durrscmidt and Kim Liwinski for Lakeland West Capital 41, LLC. (Related document(s):28 Motion for Relief From Stay) Lakeland West Capital 41, LLC exhibits 46-19, 46-23 through 46-28, 46-20, 46-22 admitted. The Court heard from all interested parties. By agreement, today’s Hearing is continued to 1/19/2022 at 03:30 PM at Houston, Courtroom 400 (DRJ). (VrianaPortillo) (Entered: 12/17/2021) | |
| 12/17/2021 | 54 (3 pgs; 2 docs) |
Proposed Order Submission After Hearing (Filed By Lakeland West Capital 41, LLC ).(Related document(s):28 Motion for Relief From Stay) (Attachments: # 1 Exhibit A – Legal Description) (Lewinski, Kim) (Entered: 12/17/2021) | |
| 12/17/2021 | 55 (1 pg) |
PDF with attached Audio File. Court Date & Time [ 12/17/2021 9:00:17 AM ]. File Size [ 43974 KB ]. Run Time [ 01:31:37 ]. (admin). (Entered: 12/17/2021) | |
| 12/20/2021 | 56 (2 pgs) |
Interim Order Regarding Lakeland West Capital 41, L.L.C.’s Motion for Relief from the Automatic Stay Regarding 4726 Gainsborough Dr., Brookshire, TX 77423 Signed on 12/20/2021 (Related document(s):28 Motion for Relief From Stay) (emiller) (Entered: 12/20/2021) | |
| 12/21/2021 | 57 (3 pgs) |
Amended Objection to Confirmation of Plan Filed by Fort Bend County. (Related document(s):35 Objection to Confirmation of the Plan) (Dillman, John) (Entered: 12/21/2021) | |
| 12/22/2021 | 58 (3 pgs) |
Notice of Appearance and Request for Notice Filed by Michael Glen Walker Sr Filed by on behalf of Diogu Kalu Diogu II (Walker, Michael) (Entered: 12/22/2021) | |
| 12/22/2021 | 59 (4 pgs) |
BNC Certificate of Mailing. (Related document(s):56 Generic Order) No. of Notices: 2. Notice Date 12/22/2021. (Admin.) (Entered: 12/22/2021) | |
| 01/04/2022 | 60 (3 pgs) |
Notice of Appearance and Request for Notice Filed by Brian Talbot Cumings Filed by on behalf of Denise Robbins, David Melanson, Tricia Krenek, Eddie Krenek (Cumings, Brian) (Entered: 01/04/2022) | |
Southern District of Texas (Houston)
Bankruptcy Petition #: 21-33581
| Assigned to: Bankruptcy Judge David R Jones Chapter 7 Previous chapter 13 Original chapter 13 Voluntary Asset
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| Debtor Diogu Kalu Diogu, II 4726 Gainsborough Dr Brookshire, TX 77423 OUTSIDE U. S. United States 7137913225 SSN / ITIN: xxx-xx-9066 |
represented by | Diogu Kalu Diogu, II Attorney at Law 4726 Gainsborough Dr Brookshire, TX 77423 713-791-3225 Fax : 713-429-5237 Email: diogu.diogu.lawfirm@gmail.comMiriam Goott Walker & Patterson, PC PO Box 61301 Houston, TX 77208 713-956-5577 Fax : 713-956-5570 Email: mgoott@walkerandpatterson.comMichael Glen Walker, Sr Walker & Patterson, P.C. 4815 Dacoma Houston, TX 77092 713-956-5577 Fax : 713-956-5570 Email: mwalker@walkerandpatterson.com |
| Trustee William E. Heitkamp Office of Chapter 13 Trustee 9821 Katy Freeway Ste 590 Houston, TX 77024 713-722-1200 TERMINATED: 02/25/2022 |
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| Trustee Eva S Engelhart Ross Banks May Cron and Cavin PC 7700 San Felipe Suite 550 Houston, TX 77063 713-626-1200 |
represented by | Marc Douglas Myers Ross, Banks, May, Cron & Cavin P.C. 7700 San Felipe Suite 550 Houston, TX 77063 713-626-1200 Fax : 713-623-6014 Email: mmyers@rossbanks.com |
| U.S. Trustee US Trustee Office of the US Trustee 515 Rusk Ave Ste 3516 Houston, TX 77002 713-718-4650 |
represented by | Stephen Douglas Statham Office of US Trustee 515 Rusk Ste 3516 Houston, TX 77002 713-718-4650 Ext 252 Fax : 713-718-4670 Email: stephen.statham@usdoj.gov |
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 03/08/2022 | 95 (1 pg) |
Notice of Appearance and Request for Notice Filed by Marc Douglas Myers Filed by on behalf of Eva S Engelhart (Myers, Marc) (Entered: 03/08/2022) | |
| 03/10/2022 | 96 (9 pgs; 2 docs) |
Application to Employ TPS-West, LLC as Accountant. Objections/Request for Hearing Due in 21 days. Filed by Trustee Eva S Engelhart (Attachments: # 1 Proposed Order) (West, William) (Entered: 03/10/2022) | |
| 03/24/2022 | 97 (8 pgs; 2 docs) |
Application to Employ Ross, Banks, May, Cron & Cavin, PC as General Counsel to the Trustee. Objections/Request for Hearing Due in 21 days. Filed by Trustee Eva S Engelhart (Attachments: # 1 Proposed Order) (Myers, Marc) (Entered: 03/24/2022) | |
| 03/24/2022 | 98 (1 pg) |
Certificate of Service (Amended) (Filed By Eva S Engelhart ).(Related document(s):97 Application to Employ) (Myers, Marc) (Entered: 03/24/2022) | |
| 03/24/2022 | 99 (1 pg) |
Notice of Subpoenas. Filed by Eva S Engelhart (Myers, Marc) (Entered: 03/24/2022) | |
| 03/25/2022 | 100 (3 pgs) |
Certificate of Service (Filed By Eva S Engelhart ).(Related document(s):99 Notice) (Myers, Marc) (Entered: 03/25/2022) | |
| 03/28/2022 | 101 (5 pgs; 2 docs) |
Notice of Fair Debt Collections Practices Act Letter. (Related document(s):68 Generic Order) Filed by Lakeland West Capital 41, LLC (Attachments: # 1 Exhibit A) (Durrschmidt, Michael) (Entered: 03/28/2022) | |
| 04/04/2022 | 102 (3 pgs; 2 docs) |
Motion to File Conversion Schedules Filed by Debtor Diogu Kalu Diogu II (Attachments: # 1 Proposed Order) (Goott, Miriam) (Entered: 04/04/2022) | |
