Trevino v. U.S. Bank Tr. (In re Trevino), 10-70594
(Bankr. S.D. Tex. Sep. 10, 2021)
Key Points;
Trevinos’ original mortgage: $91k
Trevinos’ came out of bankruptcy discharged; $115k
FEB 11, 2023
FINAL JUDGMENT RE ATTORNEY FEES
Sep 20-21 Courtroom Minutes
We have movement in the huge case for a ridiculous fee award reaching just shy of a million dollars, against a tiny bankruptcy estate.
Trevino v. U.S. Bank Tr. (In re Trevino), 10-70594
(Bankr. S.D. Tex. Sep. 10, 2021)
Key Points;
Trevinos’ original mortgage: $91k
Trevinos’ came out of bankruptcy discharged; $115k
Violation of FDCPA resulted in $1k statutory and $9k in favor of Trevinos’
Attorney Fees also awarded, and this is what this order is all about
Debtor’s attorneys submitted total fees of just shy of 3/4 of a million dollars ($743k)
Do y’all think that’s “reasonable”, considering they ‘wrote off’ substantial fees to get to this reduced/discounted sum?
REPUBLISHED BY LIT: OCT 10, 2021
The Pre-Trial Conference per ECF #462, currently scheduled for March 29, 2022, is hereby re-scheduled for April 14, 2022 at 9:00 a.m., (Central Standard Time).
PROPOSED ORDER WITH EXHIBITS AND SUPPLEMENT TO RECEIVE PAYMENT
Jan 11, 2022, Doc. 466 (Attachment 2)
ORDER GRANTING SUPPLEMENTAL APPLICATION OF PLAINTIFF’S COUNSEL FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES
CAME ON FOR CONSIDERATION, Plaintiffs’ Supplemental Application for Allowance of Compensation and Reimbursement of Expenses (the “Supplemental Application”).
Having considered the Supplemental Application, the Court is of the opinion that it should be GRANTED. It is therefore ORDERED that
Kellett & Bartholow PLLC is awarded its reasonable attorneys’ fees in the amount of $122,109.50 and expenses in the amount of $8,260.70.
It is further ORDERED that the amounts awarded to Kellett & Bartholow PLLC in this order
are in addition
to any amounts awarded to Kellett & Bartholow in connection with its Application of Plaintiffs’ Counsel for Allowance of Compensation and Reimbursement of Expenses filed at ECF 374.
Lot’s happenin’ today in the ridiculous attorney fees $744k being touted In re Trevino (Texas) when estate was worth less than exemption
Compare to https://t.co/2sURXXbGnO re Homestead Exemption In re Goldfeder (Delaware)
We note a reconsideration now filed.
Welcome to Texas. https://t.co/Pik4mg3zoP pic.twitter.com/XBdkVUDpUd
— LawsInTexas (@lawsintexasusa) October 22, 2021
“In the Fee Application, the KB Firm requests $641,737 in fees and the Stone Firm requests $34,839.50 in fees, for a total of $676,576.50.
ECF No. 374 at 1-2. However, Defendants’ Motion for Summary Judgment calculates the total at $676, 575.50, one dollar short of the sum requested in the Fee Application. ECF No. 429 at 14, ¶ 30.
This creates a fact issue that can only be resolved after a final trial on the merits.”
Trevino v. U.S. Bank Tr. (In re Trevino), 10-70594, at *1 n.160 (Bankr. S.D. Tex. Sep. 10, 2021)
On May 15, 2020, Applicants filed their “Application of Plaintiffs’ Counsel for Allowance of Compensation and Reimbursement of Expenses” (“Fee Application”), seeking, collectively, $676,576.50 in attorneys’ fees and $67,121.59 in expenses, for a grand total of $743,698.09.
Objection to attorney fees and expenses filed on Feb. 8, 2022 with proposed order.
FDCPA Violations in Bankruptcy Proceedings Result in Attorney Fees, Costs, Statutory and Punitive Damages
The Court finds that it should award Plaintiffs $1,000.00 in statutory damages, $9,000 in punitive damages, attorney fees and expenses.
Will Bankruptcy Debtor Attorneys Receive $750k in Fees for Bank Servicer Violating FDCPA in SDTX Federal Court?
Engagement of Attorneys allowed Plaintiffs to submit a feasible plan, disburse a total of $105, 877.52 to creditors and receive a discharge.
Lawsuit Claims Attorney told Ex-Client to take The Deal because he Really, Really Liked their [Opposing] Attorney.
San Antonio Lawyer Obermeier unprofessionally and unethically told Plaintiff she had to take the deal because he really, really liked their attorney.
Southern District of Texas (McAllen)
Bankruptcy Petition #: 10-70594
| Assigned to: Eduardo V Rodriguez Chapter 13 Voluntary Asset
Debtor disposition: Standard Discharge |
|
| Debtor Jose Sr. Trevino 3315 Sandie Lane Edinburg, TX 78541 HIDALGO-TX SSN / ITIN: xxx-xx-9337 |
represented by | Catherine Stone Curtis Pulman, Cappuccio & Pullen, LLP P.O. Box 720788 McAllen, TX 78504-0788 956-467-1900 Fax : 956-331-2815 Email: ccurtis@pulmanlaw.comKaren L. Kellett Kellett & Bartholow PLLC 11300 N. Central Expressway, Suite 301 Dallas, TX 75243 214-696-9000 Fax : 214-696-9001 Email: kkellett@kblawtx.comEllen C Stone The Stone Law Firm PC P.O. Box 1210 Dripping Springs, TX 78620 512-829-5288 Fax : 512-829-5131 Email: ignmca@ellenstonelaw.com TERMINATED: 07/07/2015Caitlyn Nicole Wells Kellett Bartholow PLLC 11300 N Central Expressway Ste 301 Dallas, TX 75243 214-696-9000 Email: caitlyn@kblawtx.com |
| Joint Debtor Teresa Trevino 3315 Sandie Lane Edinburg, TX 78541 HIDALGO-TX SSN / ITIN: xxx-xx-8457 |
represented by | Catherine Stone Curtis (See above for address)Karen L. Kellett (See above for address)Ellen C Stone (See above for address) TERMINATED: 07/07/2015Caitlyn Nicole Wells (See above for address) |
| Trustee Cindy Boudloche Chapter 13 Trustee 555 N Carancahua Ste 600 Corpus Christi, TX 78401-0823 361-883-5786 |
represented by | Cindy Boudloche Chapter 13 Trustee 555 N Carancahua Ste 600 Corpus Christi, TX 78401-0823 361-883-5786 Fax : 361-883-4381 Email: ecfmail@ch13cctx.com |
| U.S. Trustee US Trustee, 13 606 N Carancahua Corpus Christi, TX 78401 |
There are proceedings for case 10-70594 but none satisfy the selection criteria.
Case type: bk Chapter: 13 Asset: Yes Vol: v Judge: Eduardo V Rodriguez
Date filed: 08/25/2010 Date of last filing: 02/03/2021
Debtor discharged: 07/21/2016 Joint debtor discharged: 07/21/2016
Date terminated: 04/25/2018
Associated Cases
| Case | Associated Case | Type |
|---|---|---|
| 10-70594 Jose Sr. Trevino and Teresa Trevino (closed) | 13-07031 Trevino et al v. U.S. Bank Trust, N.A. et al | Adversary |
| 10-70594 Jose Sr. Trevino and Teresa Trevino (closed) | 16-07024 Trevino et al v. Select Portfolio Servicing, Inc. et al (closed) | Adversary |
Southern District of Texas (McAllen)
Adversary Proceeding #: 13-07031
| Assigned to: Eduardo V Rodriguez Lead BK Case: 10-70594 Lead BK Title: Jose Sr. Trevino and Teresa Trevino Lead BK Chapter: 13 Demand: |
Date Filed: 12/30/13 |
| Nature[s] of Suit: | 72 | Injunctive relief – other | ||
| 91 | Declaratory judgment |
Plaintiff ———————– Teresa Trevino 3315 Sandie Lane Edinburg, TX 78541 SSN / ITIN: xxx-xx-8457 |
represented by |
Theodore O Bartholow Megan F. Clontz Catherine Stone Curtis Karen L. Kellett Caitlyn Nicole Wells
|
Plaintiff ———————– Jose Sr. Trevino 3315 Sandie Lane Edinburg, TX 78541 SSN / ITIN: xxx-xx-9337 |
represented by |
Theodore O Bartholow Megan F. Clontz Catherine Stone Curtis Karen L. Kellett Caitlyn Nicole Wells
|
| V. | ||
Defendant ———————– HSBC Mortgage Services, Inc. CT Corporation System, Registered Agent 350 N. St. Paul Street Dallas, TX 75201 TERMINATED: 07/01/2016 |
represented by |
Robert Bernard Bruner Glenn E. Glover Steven T Holmes
|
Defendant ———————– U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust |
represented by |
Zachery Z. Annable Melissa S Hayward Michael Peter Parmerlee Julian Preston Vasek
|
Defendant ———————– Caliber Home Loans, Inc. |
represented by |
Zachery Z. Annable Melissa S Hayward Michael Peter Parmerlee Julian Preston Vasek |
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 09/10/2021 | 445 (42 pgs) |
Memorandum Opinion Signed on 9/10/2021 (jchavez) (Entered: 09/10/2021) | |
| 09/10/2021 | 446 (4 pgs) |
Judgment in 7:13-ap-7031 Signed on 9/10/2021 (jchavez) (Entered: 09/10/2021) | |
| 09/12/2021 | 447 (44 pgs) |
BNC Certificate of Mailing. (Related document(s):445 Opinion) No. of Notices: 2. Notice Date 09/12/2021. (Admin.) (Entered: 09/12/2021) |
|
| 09/12/2021 | 448 (6 pgs) |
BNC Certificate of Mailing. (Related document(s):446 Judgment) No. of Notices: 2. Notice Date 09/12/2021. (Admin.) (Entered: 09/12/2021) | |
| 09/24/2021 | 449 (11 pgs; 2 docs) |
Motion to Reconsider (related document(s):445 Opinion, 446 Judgment). Filed by Jose Sr. Trevino, Teresa Trevino (Attachments: # 1 Proposed Order) (Kellett, Karen) (Entered: 09/24/2021) |
|
A Texan
December 13, 2022 at 6:18 pm
You got it wrong. The case is against a mortgage servicer, Caliber, and a bank, U.S. Bank, which the fee applicants won on behalf of the bankruptcy debtors, Mr. and Mrs. Trevino, who would have lost their home if Caliber/US Bank had had their way. If the fee app is allowed, the bank (Caliber and US Bank) will pay, not the Trevinos.