LIT COMMENTARY & UPDATES
JUL 31, AUG 26 28,
SEP 14 27,
NOV 14, 2024
Next hearing: 9/23/2024:
Notice of Voluntary Conversion from 13 to 7
Chapter 13 Trustee’s Notice Rescheduling Confirmation Hearing (Related document(s):16 Chapter 13 Meeting of Creditors (batch), 17 Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary)
Hearing scheduled for 9/23/2024 at 11:00 AM.
(Peake, David) (Entered: 08/28/2024)
Chapter 13 Trustee’s Motion to Dismiss Case (Aug. 23, 2024)
Chapter 13 Meeting of Creditors Held – Trustee Does Not Recommend Confirmation (Aug. 20, 2024)
Chapter 13 Trustee’s Motion to Dismiss Case (Aug. 23, 2024)
Chapter 13 Meeting of Creditors Held – Trustee Does Not Recommend Confirmation (Aug. 20, 2024)
Below we document the litigation in relation to the under water, under foreclosure former marital home of Anthony and Kim Muharib, located at 8243 Thompson Lake Dr Missouri City, TX 77459.
Our review reveals the Muharib’s filed to stop foreclosure in state court on at least 2 occasions, in 2018 and 2019 which would be removed to federal court.
After this litigation, it appears that the property was being rented, and most recently to “rapper” Kevin Starks for $6,500 per month, in what appears to be a rent-to-buy contract between Starks and Murharib and/or Muharib Investment Group aka Muharib Investment Group, LLC. The contract started Sept 2020 and the valuation agreed was substantially more than market value at $1,400,000.
However, Murharib would seek legal remedy to eventually successfully evict Starks, and purportedly allow him to sell this non-homestead property.
All the while, and after the recent foreclosure litigation, Muharib was seeking to refi. He found a lender willing to do so, rolling up all additional liens against the property.
We assume he negotiated the payoff settlement, as the original loan was $845k. However, the settlement amount, based on the lengthy delinquency and at least two court cases must have been considerably higher.
Yet, a refi for $920k would clear the original loan, ex-wife Kim’s divorce judgment ($13k) and two federal tax liens ($90k).
Wilmington FSB assigned this new finance agreement (non-homestead) which was executed in September of 2022, and which listed the debtor as The Law Office of Anthony S. Muharib, PLLC to Velocity Commercial Capital LLC on May 16, 2023 (coincidentally, the same date that Texas Vacation Holdings, LLC would be formed in Wyoming).
On June 17, 2024, Velocity recorded a release of lien, which is interesting in itself we explain below.
By evicting the renters and paying off the $920k Velocity mortgage cleared the way for Muharib to “sell” the home for $10 to a Wyoming entity which was registered on May 16, 2024.
The entity is named Texas Vacation Holdings, LLC, and the sole member is John Mixon and organizer Monica Garcia. On June 10, 2024, a registered agent update was filed.
LIT has recently highlighted Anthony Muharib and his next spouse, Sharon Chu on our blog due to his real estate buys and financial struggles.
On June 20, 2024, Anthony Muharib filed for bankruptcy protection, right after the fraudulent transfer of the homestead to Texas Vacation.
He’s also filed for a divorce from Chu in Harris County District Court.
Of course, the latest arrest of his sister Sheba Muharib provides further insight as to why Muharib is facing financial distress.
However, the purpose of this article focuses on the Missouri City property.
The first stop foreclosure case in 2018 would be removed from Fort Bend State Court to Federal Court and be dismissed – with prejudice to refiling – in 3 months, but not before this comment from foreclosure mill lawyer Michael Hord for Fay Servicing LLC regarding the loan status. pic.twitter.com/8xDdtBtHyW
— lawsinusa (@lawsinusa) July 31, 2024
ASSUMED NAMES FOR INDIVIDUAL ANTHONY S. MUHARIB
2016: Online Bail Bonds
2019: Online Bonds 1
2022: Online Bail Bonds TexasAll 3 DBA filings Returned to at counter: Wilbert LaFleur, Previous Director for “Keeping Hands Off”. pic.twitter.com/cMj8ZUS6nX
— lawsinusa (@lawsinusa) July 31, 2024
ASSUMED NAMES FOR INDIVIDUAL ANTHONY S. MUHARIB
2016: Online Bail Bonds
2019: Online Bonds 1
2022: Online Bail Bonds Texas
All 3 DBA filings Returned to at counter:
Wilbert LaFleur, Previous Director for “Keeping Hands Off”.
Sanctioned Lawyer Ray L. Shackelford’s Repeat Frivolous Filings and Perjury Is Fine, Sayeth Courts – Laws In Texas https://t.co/TgDvSIT0Zg pic.twitter.com/vCa5cxeCQl
— lawsinusa (@lawsinusa) July 27, 2024
JUN 20, 2024 | REPUBLISHED BY LIT: JUL 31, 2024
JUL 31, AUG, 26 28,
SEP 14 27, 2024
Above is the date LIT Last updated this article.
Converting from Chapter 13 to Chapter 7 bankruptcy can be beneficial for several reasons:
Inability to Make Payments: If you’re struggling to keep up with the repayment plan in Chapter 13, conversion to Chapter 7 can discharge most unsecured debts, providing relief.
Change in Financial Situation: A significant change in circumstances, like job loss or unexpected expenses, might make it impossible to adhere to the Chapter 13 plan.
Unsecured Debt: If most of your debt is unsecured and you meet the eligibility requirements, Chapter 7 can provide a quicker discharge without the need for a repayment plan.
Asset Protection: Chapter 7 allows certain exemptions that can protect your assets. If your Chapter 13 plan involves selling assets to pay creditors, conversion might help you retain more property.
Faster Process: Chapter 7 typically takes a few months to complete, while Chapter 13 can last three to five years, offering quicker relief from debt.
No More Debt: After a Chapter 7 discharge, you may have a clean slate and be free from most debts, while Chapter 13 only reduces debt over time.
DEF22c, DEFb7, DEFsch, PlnDue |
Southern District of Texas (Houston)
Bankruptcy Petition #: 24-32843
| Assigned to: Bankruptcy Judge Christopher M. Lopez Chapter 13 Voluntary Asset
|
|
| Debtor Anthony S. Muharib 4723 Ivanhoe Street Houston, TX 77027 HARRIS-TX SSN / ITIN: xxx-xx-9285 |
represented by | Emil R Sargent Attorney at Law 2855 Mangum Road Ste A-569 Houston, TX 77092 713-222-2299 Fax : 713-222.2478 Email: esargent3@gmail.com |
| Trustee David Peake Chapter 13 Trustee 9660 Hillcroft Suite 430 Houston, TX 77096-3856 713-283-5400 |
represented by | David Peake Chapter 13 Trustee 9660 Hillcroft Suite 430 Houston, TX 77096-3856 713-283-5400 Fax : 713-852-9084 Email: court@peakech13trustee.com |
| 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 | |
|---|---|---|---|
| 08/29/2024 | 25 | *Document attached is not a pro hac vice motion – TERMINATED* MOTION to Appear Pro Hac Vice for Emelia Hall (Fee Paid: $100, receipt number A25533448) Filed by Creditor Lexington National Insurance Corporation (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit) (Hall, Emelia) Modified on 8/30/2024 (RSaldana). (Entered: 08/29/2024) | |
| 08/30/2024 | 26 | Notice of Appearance and Request for Notice Filed by Jeannie Lee Andresen Filed by on behalf of Houston ISD, Houston Community College System, City of Houston (Andresen, Jeannie) (Entered: 08/30/2024) | |
| 08/30/2024 | 27 | Notice of Appearance and Request for Notice Filed by ACAR Leasing Ltd. d/b/a GM Financial Leasing (ACAR Leasing, LTD) (Entered: 08/30/2024) | |
| 08/31/2024 | 28 | BNC Certificate of Mailing. (Related document(s):24 Chapter 13 Trustee’s Notice Rescheduling Confirmation Hearing) No. of Notices: 3. Notice Date 08/31/2024. (Admin.) (Entered: 08/31/2024) | |
| 09/05/2024 | 29 | Notice of Appearance and Request for Notice Filed by Ted L Walker Filed by on behalf of Stellar Bank f/k/a Allegiance Bank (Walker, Ted) (Entered: 09/05/2024) | |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 09/14/2024 14:46:29 |
DEF22c, DEFb7, DEFsch, PlnDue |
Southern District of Texas (Houston)
Bankruptcy Petition #: 24-32843
| Assigned to: Bankruptcy Judge Christopher M. Lopez Chapter 13 Voluntary Asset
|
|
| Debtor Anthony S. Muharib 4723 Ivanhoe Street Houston, TX 77027 HARRIS-TX SSN / ITIN: xxx-xx-9285 |
represented by | Emil R Sargent Attorney at Law 2855 Mangum Road Ste A-569 Houston, TX 77092 713-222-2299 Fax : 713-222.2478 Email: esargent3@gmail.com |
| Trustee David Peake Chapter 13 Trustee 9660 Hillcroft Suite 430 Houston, TX 77096-3856 713-283-5400 |
represented by | David Peake Chapter 13 Trustee 9660 Hillcroft Suite 430 Houston, TX 77096-3856 713-283-5400 Fax : 713-852-9084 Email: court@peakech13trustee.com |
| 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 | |
|---|---|---|---|
| 07/26/2024 | 18 (4 pgs) |
BNC Certificate of Mailing – Meeting of Creditors. (Related document(s):16 Chapter 13 Meeting of Creditors (batch)) No. of Notices: 9. Notice Date 07/26/2024. (Admin.) (Entered: 07/26/2024) | |
| 07/28/2024 | 19 (4 pgs) |
BNC Certificate of Mailing. (Related document(s):17 Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary) No. of Notices: 5. Notice Date 07/28/2024. (Admin.) (Entered: 07/28/2024) | |
| 08/20/2024 | 20 | Meeting of Creditors Held – Trustee Does Not Recommend Confirmation of the plan. Debtor appeared. Meeting concluded August 16, 2024. (Related document(s):16 Chapter 13 Meeting of Creditors (batch)) (Peake, David) (Entered: 08/20/2024) | |
| 08/20/2024 | 21 (1 pg) |
Withdraw Document (Filed By David Peake ).(Related document(s): 20 Chapter 13 Meeting of Creditors Held – Trustee Does Not Recommend Confirmation) (Peake, David) (Entered: 08/20/2024) | |
| 08/20/2024 | 22 | Meeting of Creditors Held – Trustee Does Not Recommend Confirmation of the plan. Debtor appeared. Meeting not conlcuded August 16, 2024. (Peake, David) (Entered: 08/20/2024) | |
| 08/23/2024 | 23 (5 pgs) |
Chapter 13 Trustee’s Motion to Dismiss Case Hearing scheduled for 9/23/2024 at 11:00 AM. (Peake, David) (Entered: 08/23/2024) | |
| 08/28/2024 | 24 (1 pg) |
Chapter 13 Trustee’s Notice Rescheduling Confirmation Hearing (Related document(s):16 Chapter 13 Meeting of Creditors (batch), 17 Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary) Hearing scheduled for 9/23/2024 at 11:00 AM. (Peake, David) (Entered: 08/28/2024) | |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/28/2024 12:15:45 |
Chapter 13 Trustee’s Notice Rescheduling Confirmation Hearing (Related document(s):16 Chapter 13 Meeting of Creditors (batch), 17 Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary) Hearing scheduled for 9/23/2024 at 11:00 AM. (Peake, David) (Entered: 08/28/2024)
Chapter 13 Trustee’s Motion to Dismiss Case (Aug. 23, 2024)
Chapter 13 Meeting of Creditors Held – Trustee Does Not Recommend Confirmation (Aug. 20, 2024)
Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors & Notice of Appointment of Trustee..
341(a) meeting to be held on 8/16/2024 at 12:45 PM, via Zoom
– Peake: Meeting ID 457 810 6355, Passcode 4299130578, Phone 1 346 489 7182.
Financial Management Course due:9/30/2024.
Last day to object to dischargeability under section 523 is 10/15/2024.
Proofs of Claims due by 8/29/2024.
Government Proof of Claim due by 12/17/2024.
Confirmation Hearing to be held on 9/23/2024 at 10:00 AM at Houston, Courtroom 401 (CML).
Clerk to send Notice on Financial Management Requirement 9/30/2024.
(Peake, David) (Entered: 07/24/2024)
| Case (Cause) Number | Style | File Date | Court | Case Region | Type Of Action / Offense | |
|---|---|---|---|---|---|---|
| 202445997- 7 Active – Civil |
ALLY BANK vs. MUHARIB, WISAM | 7/23/2024 | 151 | Civil | OTHER CIVIL | |
| 202412585- 7 Disposed (Final) |
TRUIST BANK vs. MUHARIB, ANTHONY S |
2/27/2024 | 270 | Civil | Debt / Contract – Other | |
| 202387419- 7 Disposed (Final) |
STELLAR BANK vs. THE LAW OFFICE OF ANTHONY S MUHARIB PPLC | 12/22/2023 | 152 | Civil | Debt / Contract – Consumer / DTPA | |
| 202367262- 7 Active – Civil |
CITY OF HOUSTON vs. AABLE FINANCIAL GROUP INC |
9/29/2023 | 270 | Civil | Tax Delinquency | |
| 202357511- 7 Ready Docket |
FINANCIAL CASUALTY & SURETY INC vs. MUHARIB, SHEBA (D/B/A AABLE BAIL BONDS) | 8/28/2023 | 295 | Civil | Debt / Contract – Fraud / Misrepresentation | |
| 202347337- 7 Ready Docket |
M. G. SONDOCK ET AL INTERESTS, LTD. vs. ACCESS AMBULANCE, INC. |
7/27/2023 | 165 | Civil | Debt / Contract – Debt / Contract | |
| 202342456- 7 Disposed (Final) |
B1BANK vs. MUHARIB, WISAM A | 7/10/2023 | 152 | Civil | OTHER CIVIL | |
| 202326587- 7 Bankruptcy |
LAW OFFICE OF ANTHONY S MUHARIB P L L C vs. ZEUS LENDING COM INC |
4/27/2023 | 189 | Civil | Other Property | |
| 202321588- 7 Disposed (Final) |
TVT 2.0 LLC (A UTAH LIMITED LIABILITY COMPANY) vs. MUHARIB, SHEBA (DBA AABLE BAIL BONDS) | 4/4/2023 | 165 | Civil | Foreign Judgment | |
| 202165642- 7 Disposed (Final) |
ARROWROCK II NORTH JUNCTION LLC vs. MUHARIB, WISAM |
10/7/2021 | 113 | Civil | Debt / Contract – Debt / Contract | |
| 202013298- 7 Disposed (Final) |
OVATION SERVICES LLC vs. AUGBON, TAZANE LATRICE | 2/27/2020 | 333 | Civil | Tax Delinquency | |
| 201963290- 7 Disposed (Final) |
HARRIS COUNTY vs. MUHARIB, ANTHONY ( AKA ANTHONY SHABAZZ MUHARIB ) |
9/5/2019 | 269 | Civil | Tax Delinquency | |
| 201881352- 7 Disposed (Final) |
FINANCIAL CASUALTY & SURETY INC vs. MUHARIB, ANTHONY (IND AND DBA ONLINE BAIL BONDS) | 11/12/2018 | 295 | Civil | Debt / Contract – Debt / Contract | |
| 201850185- 7 Disposed (Final) |
PEREZ, ARMANDO JR vs. MUHARIB, WISAM |
7/30/2018 | 280 | Family | PROTECTIVE ORDER | |
| 201361573- 7 Disposed (Final) |
HENRY, RICHARD B vs. MUHARIB, SHEBA MS | 10/14/2013 | 334 | Civil | OTHER CIVIL | |
| 200837252- 7 Disposed (Final) |
TRIPLE-S OPERATIONS L P (DBA TRIPLE-S STEEL SUPPLY vs. M&M DEVELOPMENT REALTY GROUP |
6/19/2008 | 333 | Civil | CONTRACT | |
| 199801688- 7 Disposed (Final) |
FLORIDA BOARD OF BAR EXAMINERS (C/O ROBE vs. MUHARIB, ANTHONY SHABAZZ | 1/15/1998 | 215 | Civil | LETTER ROGATORY | |
| 199405491- 7 Disposed (Final) |
MUHARIB, ANTHONY vs. SUNSHINE AUTO REPAIR |
2/4/1994 | 055 | Civil | DTPA-DECEPTIVE TRADE PRACTICE |
Sheba Muharib gained her freedom Thursday July 25, 2024, with a type of unsecured bail that doesn’t require a bondsman. Magistrate Judge Bryan set Muharib’s bail at an unsecured sum of $50,000, allowing her release without a cash deposit, just a promise she’ll return to court. pic.twitter.com/Wx35zdDnFS
— lawsinusa (@lawsinusa) July 26, 2024
202436997 – DIVORCE
MUHARIB, ANTHONY vs. CHU, SHARON YU-HAO
(Court 311)
JUL 17, 2024 | REPUBLISHED BY LIT: JUL 31, 2024
JUL 31, 2024
Above is the date LIT Last updated this article.
Erick DeLaRogue makes an appearance for Sharon Chu, aka Anthony Muharib’s better half facing foreclosure of a unit she claims to have purchased in 2023 but actually has held an interest since 2009. She needs a work sick letter from the Sheriff as she’s been very ill with COVID. pic.twitter.com/TWSkWxcesm
— lawsinusa (@lawsinusa) March 5, 2024
ANTHONY & KIM MUHARIB (EX WIFE) RENTED OUT HOME AT 8243 THOMPSON LAKES DR TO RAPPER STARKS: THEN FILED TO EVICT STARKS
Muharib Investment Group v. Starks
(Case remanded to the Clerk of Fort Bend, Texas County Court at Law No 6)
(4:24-cv-00418)
District Court, S.D. Texas, Judge Charles Eskridge
FEB 5, 2024 | REPUBLISHED BY LIT: JUL 31, 2024
JUL 31, 2024
Above is the date LIT Last updated this article.
No due process afforded Starks by Magistrate Judge Christina Bryan who sanctioned Starks without notice or a hearing, in violation of the law.
Muharib Inv. Grp. v. Starks, Civil Action 4:24-CV-0418, at *4-5 (S.D. Tex. Feb. 27, 2024)
“In this case, the Court did not wait for Plaintiff to appear and make a motion before recommending remand, saving Plaintiff time and expense.
However, it is clear that the prior $200.00 award did not act as a deterrent to Defendants.
Pursuant to Federal Rule of Civil Procedure 11(b), by signing the Notice of Removal the pro se Defendants represented that to the best of their knowledge the Notice of Removal was not being filed for an improper purpose and was warranted by existing law.
Given the clear rulings by the district court in the January 17, 2024 Order in Civil Action No. 4:23-cv-4609, Defendants signed the Notice of Removal in clear violation of Rule 11(b).
Therefore, the Court RECOMMENDS that this case be REMANDED to Fort Bend County Court at Law 6 from which it was improperly removed
and that Defendants be ORDERED to pay $500.00 as a sanction for intentional violation of Rule 11(b) by filing a frivolous Notice of Removal.”
Look at the Graphic
On the Left: The Original HCDC Lawsuit Filed by Bandit Foreclosure Defense Lawyer Erick DeLaRogue.
On the Right: The Case Would be Removed to Federal Court by the Creditor Rights Law Firm, assigned to Judge Eskridge.
What do you notice @rks127th @LockeLord? pic.twitter.com/XQmQmT4eU2— lawsinusa (@lawsinusa) July 24, 2024
NOV 28, 2022 | REPUBLISHED BY LIT: JUL 31, 2024
JUL 31, 2024
Above is the date LIT Last updated this article.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-04609
| Muharib Investment Group et al Assigned to: Judge Keith P Ellison Cause: 28:1331 Fed. Question |
Date Filed: 12/11/2023 Date Terminated: 01/17/2024 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Federal Question |
| Plaintiff | ||
| Muharib Investment Group | represented by | Victoria Nikki Lui Baker & Patterson LLP 3100 Richmond Ave Ste 550 Houston, TX 77098 713-623-8116 Email: vlui@bakpatlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Kevin Starks | represented by | Kevin Starks 8243 Thompson Lake Drive Misouri, TX 77459 832-679-6367 PRO SE |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/11/2023 | 1 | NOTICE OF REMOVAL from Fort Bend County Court at Law 6, Fort Bend County, Texas, case number 23-cv-073903 ( Filing fee $ 405) filed by Kevin Starks. (Attachments: # 1 Civil Cover Sheet)(JacquelineMata, 4) (Entered: 12/11/2023) |
| 12/22/2023 | 2 | MOTION to Remand by Muharib Investment Group, filed. Motion Docket Date 1/12/2024. (Attachments: # 1 Affidavit Affidavit of Victoria Lui)(Lui, Victoria) (Entered: 12/22/2023) |
| 01/17/2024 | 3 | MEMORANDUM AND ORDER granting 2 MOTION to Remand Case to the County Court of Law No. 6, Fort Bend County, Texas.(Signed by Judge Keith P Ellison) Parties notified.(KimberlyPicota, 4) (Entered: 01/18/2024) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 07/26/2024 16:48:51 |
LIT questions (i) Adam & Keese’s filing a Motion to Dissolve TRO which was issued on 4/1/2024 on 4/9/2024 and (ii) Judge Eskridge’s reasons for Granting the Motion on 5/15/2024, see; Howell v. CitiMortgage, Inc., Civil Action No. 4:16-cv-00943-O-BP at *3 (N.D. Tex. Oct. 31, 2016)
— lawsinusa (@lawsinusa) July 24, 2024
ANTHONY & KIM MUHARIB (EX WIFE) WERE BEING FORECLOSED AND LAWSUITS FILED AT LEAST TWICE IN 2018 AND 2019 CONCERNING THE PROPERTY AT 8243 THOMPSON LANE DR.
Circlin’ the Wagons: Texas Judges Seal Orders and Sidestep the Law
Biased and Acting Without Jurisdiction, Black Robed Outlaws Issue Void Orders in Botched Effort to Shield Bandit Lawyer from Accountabilityhttps://t.co/nN1ov7FhOS@ACLU @Public_Justice @IJ @Telegraph @guardian
— lawsinusa (@lawsinusa) July 24, 2024
DEC 2, 2014 | REPUBLISHED BY LIT: JUL 31, 2024
JUL 31, 2024
Above is the date LIT Last updated this article.
Bandit lawyer for Muharib: Ray “Shack” Shackelford
Foreclosure Mill lawyer for Fay Servicing: Michael Hord, Jr.
There are many issues with this second successive stop foreclosure lawsuit.
First, the state court granting a TRO for a second time.
The Shack and Muharib’s non-disclosures.
The fact that upon removal, the case would percolate for over 7 months* before dismissal e.g. everyone is aware the Shack does not have permissions to file in SDTX Court and Judge Bennett did not issue a show cause order why the Shack had not filed and paid for pro hac vice privileges.
Indeed, the court extended the Initial conference which was set 4 months after the case was filed by 2 months, and then by an additional 3 months.
The court would timidly request a “Status Conference”, however, that raises 2 issues – how could the Shack attend, and why was it sealed, as no note about attendees and what happened is present on the docket?
* It is 232 days from the start date to the end date, but not including the end date. Or 7 months, 18 days excluding the end date.
NOTICE of Setting. Parties notified. Status Conference set for 2/21/2020 at 10:00 AM in Courtroom 8C before Judge Alfred H Bennett, filed. (ledwards, 4) (Entered: 11/08/2019)
NOTICE of Dismissal as to All Defendants by Metropolitan Life Insurance Company, Fay Servicing, LLC, filed.
(Attachments: # 1 Proposed Order)
(Hord, Michael) (Entered: 12/20/2019)
Status conference apparently sealed, as no notes were added to the docket.
NOTICE of Setting. Parties notified. Status Conference set for 11/8/2019 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett, filed. (ledwards, 4) (Entered: 09/06/2019)
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/6/2019 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett(Signed by Judge Alfred H Bennett) Parties notified.(ckrus, 4) (Entered: 05/21/2019)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:19-cv-01825
| Muharib v. Fay Servicing, LLC et al Assigned to: Judge Alfred H Bennett Demand: $1,140,360,000
Cause: 28:1331 Fed. Question |
Date Filed: 05/20/2019 Date Terminated: 01/07/2020 Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Plaintiff | ||
| Anthony Muharib | represented by | Ray L Shackelford State Bar Information 1406 Southmore Blvd. Houston, TX 77004 713-520-8484 Fax: 713-520-8192 Email: rshackctic@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Fay Servicing, LLC | represented by | Michael F Hord , Jr Hirsch Westheimer PC 1415 Louisiana 36th Floor Houston, TX 77002-2772 713-220-9182 Fax: 713-223-9319 Email: mhord@hirschwest.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Metropolitan Life Insurance Company | represented by | Michael F Hord , Jr (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/20/2019 | 1 | NOTICE OF REMOVAL from 400th Judicial District Court, Fort Bend County, TX, case number 19-DCV-262318 (Filing fee $ 400 receipt number 0541-22462318) filed by Metropolitan Life Insurance Company, Fay Servicing, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit C-2, # 6 Exhibit C-3, # 7 Exhibit C-4, # 8 Exhibit C-5, # 9 Civil Cover Sheet)(Hord, Michael) (Entered: 05/20/2019) |
| 05/21/2019 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/6/2019 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett(Signed by Judge Alfred H Bennett) Parties notified.(ckrus, 4) (Entered: 05/21/2019) |
| 06/05/2019 | 3 | CERTIFICATE OF INTERESTED PARTIES by Fay Servicing, LLC, Metropolitan Life Insurance Company, filed.(Hord, Michael) (Entered: 06/05/2019) |
| 09/06/2019 | 4 | NOTICE of Setting. Parties notified. Status Conference set for 11/8/2019 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett, filed. (ledwards, 4) (Entered: 09/06/2019) |
| 11/08/2019 | 5 | NOTICE of Setting. Parties notified. Status Conference set for 2/21/2020 at 10:00 AM in Courtroom 8C before Judge Alfred H Bennett, filed. (ledwards, 4) (Entered: 11/08/2019) |
| 12/20/2019 | 6 | NOTICE of Dismissal as to All Defendants by Metropolitan Life Insurance Company, Fay Servicing, LLC, filed. (Attachments: # 1 Proposed Order)(Hord, Michael) (Entered: 12/20/2019) |
| 01/07/2020 | 7 | ORDER OF DISMISSAL. Case terminated on 1/7/20 (Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 01/07/2020) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 07/26/2024 18:55:41 |
JUDGE ESKRIDGE
“ORDER re: By email to the Case Manager, the parties have provided notice of settlement of their dispute.”FIFTH CIRCUIT
“By informing the court that the case had settled, the plaintiff did not “instigate dismissal.” https://t.co/zq7t3oR77E pic.twitter.com/t5p1Tb5p80— lawsinusa (@lawsinusa) July 24, 2024
AUG 31, 2018 | REPUBLISHED BY LIT: JUL 31, 2024
JUL 31, 2024
Above is the date LIT Last updated this article.
How can you file a joint case mgt plan with a lawyer without privileges or a pro hac vice lawyer – who submitted an application, paid fee and the court approved it?
Notice the difference in case 1 over case 2?
It only took 3 months* to dismiss.
Yet a case barred by res judicata (this first case dismissed with prejudice) would be allowed to be in federal court for over 7 and a half months by Judge Al “Bent” Bennett.
*96 days from the start date to the end date, but not including the end date. Or 3 months, 5 days excluding the end date.
ORDER GRANTING 8 Stipulation of Dismissal, Case terminated on 12/5/2018
(Signed by Judge Gray H Miller)
Parties notified.
(rkonieczny, 4) (Entered: 12/05/2018)
STIPULATION of Dismissal With Prejudice by Fay Servicing, LLC, Metropolitan Life Insurance Company, filed.
(Attachments: # 1 Proposed Order)
(Hord, Michael) (Entered: 12/05/2018)
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Fay Servicing, LLC, filed.
(Hord, Michael) (Entered: 11/16/2018)
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Scheduling Order Deadline date 11/16/2018
(Signed by Judge Gray H Miller) Parties notified.
(rkonieczny, 4) (Entered: 10/01/2018)
Order in Removed Cases.
Statement due within ten days.
(Signed by Judge Gray H Miller) Parties notified.
(ckrus, 4) (Entered: 09/04/2018)
Bandit Lawyer Hagger Abandons Client as Judge Hanen Issues Particularly Unpersuasive Opinion
While the Court finds no binding precedent on point, it finds multiple decisions from within the Fifth Circuit to be particularly persuasive.
Judge Pulliam Remands Foreclosure Case: In Texas, a Substitute Trustee May be Individually Liable
The facts alleged, though scant, are sufficient to assert Trustee committed bad faith misconduct by failing to provide proper prior notice.
Government Bad Actor: Outgoing Judge Conspires With Deutsche Bank Lawyer to Delay Justice
Outgoing Judge Morris grants Deutsche Bank summary judgment on last day in corrupt order to delay time-barred foreclosure case.
