LIT UPDATE
No TRSale deed as at 6/11/2025.
The home has been relisted for Tuesday, Jun. 3, 2025 Auction.
Fifth Circuit: Unclean Hands Defense by Debtor in Bankruptcy Does Not Invoke Res Judicata – Debtors unclean hands defense was not available to him in the Louisiana litigation and the state judgment fails to confirm it was litigated. https://t.co/p24yPTAcU9
— lawsinusa (@lawsinusa) May 21, 2025
Consuela Morales
(25-31032)
United States Bankruptcy Court, S.D. Texas
Bankruptcy Judge Jeffrey P Norman
ORDER OF DISMISSAL PRE-CONFIRMATION FOR NON-PAYMENT
1. On the Trustee’s Motion for Non-Payment this case is dismissed. Debtor(s) may seek to vacate this order by payment of the plan payment arrearage within 14 days of the date of this order. The debtor has tendered no payments to the Trustee of the date of this order.
2. The deadline for filing an application for an administrative expense in this case is set at 21 days following entry of this order. The deadline for filing a motion for allowance of a claim arising under § 507(b) in this case is also set at 21 days following entry of this order.
3. If an application for allowance of professional fees and expenses has previously been filed in this case, the applicant is not required to file a new application for allowance of administrative expenses under § 503 if the new application only seeks allowance of the same professional fees and expenses previously requested.
4. Any prior order directing an employer or other person to pay funds to the chapter 13 trustee is terminated. Any prior order authorizing an ACH or other means of electronic payment is terminated.
5. The Court finds good cause to direct the payment of funds held by the chapter 13 trustee at the time of entry of this Order as follows:
(a) First, the balance on hand in the Emergency Savings Fund will be paid to the Debtor(s);
(b) Second, to any unpaid chapter 13 trustee’s statutory compensation;
(c) Third, the balance on hand in the Reserves for ad valorem taxes, to the holder of the claim secured by the senior security interest against the property for which the Reserves were established;
(d) Fourth, the balance in any other Reserve account to the Debtor;
(e) Fifth, to any unpaid payments mandated to be made by the Trustee under a prior Court order, including but not limited to, any mandated adequate protection payments;
(f) Sixth, to pay any unpaid fees to Debtor(s)’ attorneys and to reserve for any filed applications for which no order has yet been entered; and
(g) Seventh, to the Debtor(s).
Any party in interest objecting to the “for cause” distributions under this paragraph must file an objection within 14 days of entry of this Order. The chapter 13 trustee will defer making distributions under this paragraph until the next ordinary disbursement date following the later of
(i) 22 days following entry of this Order; or (ii) entry of an order resolving any time filed objection.
SIGNED 04/22/2025
Notice of Appearance and Request for Notice – APR. 10, 2025
Chapter 13 Meeting of Creditors Held – Trustee Does Not Recommend Confirmation
Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary
(batch)(BNC NOTICING)
Courtroom Minutes. Time Hearing Held: 1:30. Appearances: James Ferguson for debtor. Debtor Consuela Morales.
(Related document(s):7
Emergency Motion)
Emergency hearing held. Debtor sworn. Opening statement by James Ferguson.
Debtor provided testimony. Court re-directed.
Court denies Motion for reason stated on the record. Court will enter an order.
(srh4) (Entered: 03/03/2025)
DUPFILER |
Southern District of Texas (Houston)
Bankruptcy Petition #: 25-31032
Assigned to: Bankruptcy Judge Jeffrey P Norman Chapter 13 Voluntary Asset
|
|
Debtor Consuela Morales 20815 Harvest Hill Ln Houston, TX 77073-3109 HARRIS-TX SSN / ITIN: xxx-xx-7808 |
represented by | James T Ferguson James T Ferguson 1 Riverway Suite 1700 Houston, TX 77056 832-512-5455 Email: jamesfergusonattorney@gmail.com |
Trustee Tiffany D Castro 1220 Augusta Drive Ste 500 Houston, TX 77057 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 | |
---|---|---|---|
02/26/2025 | 1 (75 pgs) |
Chapter 13 Voluntary Petition Individual . Fee Amount $313 Filed by Consuela Morales. (Ferguson, James) (Entered: 02/26/2025) | |
02/26/2025 | 2 (23 pgs) |
Chapter 13 Plan Filed by Consuela Morales. (Ferguson, James) (Entered: 02/26/2025) | |
02/26/2025 | 3 (1 pg) |
Certificate of Credit Counseling (Filed By Consuela Morales ). (Ferguson, James) (Entered: 02/26/2025) | |
02/26/2025 | 4 (1 pg) |
Debtor’s Payment Advices or Certification under 11 USC 521 (Filed By Consuela Morales ). (Ferguson, James) (Entered: 02/26/2025) | |
02/26/2025 | 5 (2 pgs) |
Proposed Order for EFT Payments and Debtor Certification (Filed By Consuela Morales ). (Ferguson, James) (Entered: 02/26/2025) | |
02/26/2025 | 6 (4 pgs) |
Fixed Fee Agreement filed by Debtor(s)’s counsel pursuant to General Order 2023-13. Counsel has received $, pre-petition. Counsel’s fixed fee is $5000.00. Counsel has advanced $ of the filing fee. For matters for which the first hearing date is set more than 120 days following confirmation, the fixed fee for responses to motions for relief from the stay is $475, for responses to chapter 13 trustee dismissal motions is $300, and for Debtor(s) motions to modify the plan is $900. The fixed fee for review of Rule 3002.1 notices filed 120 days after confirmation is $325, for debtor’s motion to sell, refinance or incur debt for real property is $650, for debtor’s surrender of property per paragraph 20 of the uniform plan is $325, and for transfer of real property per paragraph 14 of the uniform plan is $550. The rate for hourly services that are not covered by an agreed fixed fee will not exceed $400.00. Petition filed on 02/26/2025. Filed by Debtor Consuela Morales (Ferguson, James) (Entered: 02/26/2025) | |
02/26/2025 | 7 (4 pgs; 2 docs) |
Emergency Motion to Impose Automatic Stay Filed by Debtor Consuela Morales (Attachments: # 1 Proposed Order) (Ferguson, James) (Entered: 02/26/2025) | |
02/26/2025 | 8 (4 pgs; 2 docs) |
Certificate of Service (Filed By Consuela Morales ).(Related document(s):7 Emergency Motion) (Attachments: # 1 Exhibit Creditor Service List) (Ferguson, James) (Entered: 02/26/2025) | |
02/27/2025 | 9 (1 pg) |
Order Granting Chapter 13 Fixed Fee Agreement (Related Doc # 6) Signed on 2/27/2025. (srh4) (Entered: 02/27/2025) | |
02/27/2025 | 10 (2 pgs) |
Order for EFT Payments Signed on 2/27/2025 (srh4) (Entered: 02/27/2025) | |
02/27/2025 | 11 (1 pg) |
Order Setting Hearing Signed on 2/27/2025 (Related document(s):7 Emergency Motion to Impose Stay) Hearing scheduled for 3/3/2025 at 01:30 PM at Houston, Courtroom 403 (JPN). In Person hearing, no virtual appearances will be permitted. (trc4) (Entered: 02/27/2025) | |
02/27/2025 | 12 (2 pgs; 2 docs) |
Notice of Hearing. (Related document(s):7 Emergency Motion) Filed by Consuela Morales (Attachments: # 1 Exhibit Order Setting Hearing) (Ferguson, James) (Entered: 02/27/2025) | |
02/27/2025 | 13 (4 pgs; 2 docs) |
Certificate of Service (Filed By Consuela Morales ).(Related document(s):12 Notice) (Attachments: # 1 Exhibit Creditor Service List) (Ferguson, James) (Entered: 02/27/2025) | |
02/28/2025 | 14 (4 pgs) |
Initial Case Management Order, Initial Order on Debtor’s Responsibilities, and Order Authorizing Use of Vehicles Pursuant to 363 and Providing Adequate Protection. Signed on 2/28/2025 (cak4) (Entered: 02/28/2025) | |
03/01/2025 | 15 (2 pgs) |
BNC Certificate of Mailing. (Related document(s):9 Order on Chapter 13 Fixed Fee Agreement) No. of Notices: 1. Notice Date 03/01/2025. (Admin.) (Entered: 03/01/2025) | |
03/01/2025 | 16 (2 pgs) |
BNC Certificate of Mailing. (Related document(s):11 Order Setting Hearing) No. of Notices: 1. Notice Date 03/01/2025. (Admin.) (Entered: 03/01/2025) | |
03/01/2025 | 17 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):10 Order for EFT or ACH Payments) No. of Notices: 1. Notice Date 03/01/2025. (Admin.) (Entered: 03/01/2025) | |
03/02/2025 | 18 (6 pgs) |
BNC Certificate of Mailing. (Related document(s):14 Initial Order for Chapter 13 Case) No. of Notices: 4. Notice Date 03/02/2025. (Admin.) (Entered: 03/02/2025) | |
03/03/2025 | 19 (1 pg) |
Order Denying Emergency Motion to Impose Stay (Related Doc # 7) Signed on 3/3/2025. (trc4) (Entered: 03/03/2025) | |
03/03/2025 | 20 | Courtroom Minutes. Time Hearing Held: 1:30. Appearances: James Ferguson for debtor. Debtor Consuela Morales. (Related document(s):7 Emergency Motion) Emergency hearing held. Debtor sworn. Opening statement by James Ferguson. Debtor provided testimony. Court re-directed. Court denies Motion for reason stated on the record. Court will enter an order. (srh4) (Entered: 03/03/2025) | |
03/04/2025 | 21 (1 pg) |
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03/05/2025 | 22 (2 pgs) |
BNC Certificate of Mailing. (Related document(s):19 Order on Emergency Motion) No. of Notices: 1. Notice Date 03/05/2025. (Admin.) (Entered: 03/05/2025) | |
03/10/2025 | 23 (2 pgs) |
Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors & Notice of Appointment of Trustee.. 341(a) meeting to be held on 4/2/2025 at 01:00 PM, via Zoom – Castro: Meeting ID 223 248 9512, Passcode 1291903731, Phone 1 346 205 0870. Financial Management Course due:5/19/2025. Last day to object to dischargeability under section 523 is 6/2/2025. Proofs of Claims due by 5/7/2025. Government Proof of Claim due by 8/25/2025. Confirmation Hearing to be held on 4/23/2025 at 09:30 AM at Houston, Courtroom 403 (JPN). Clerk to send Notice on Financial Management Requirement 5/19/2025. (Castro, Tiffany) (Entered: 03/10/2025) | |
03/13/2025 | 24 (5 pgs) |
BNC Certificate of Mailing – Meeting of Creditors. (Related document(s):23 Chapter 13 Meeting of Creditors (batch)) No. of Notices: 4. Notice Date 03/13/2025. (Admin.) (Entered: 03/13/2025) | |
03/21/2025 | 25 (24 pgs) |
Chapter 13 Trustee’s Notice of Confirmation Hearing and Plan Summary. (Castro, Tiffany) (Entered: 03/21/2025) |
PACER Service Center | |||
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Transaction Receipt | |||
03/22/2025 19:05:23 |
#LITAMO2025
Fired Legal Bandit Branch Sheppard finds a new foreclosure mill in @McGlinchey. The Clouded Title Creditor Rights Lawyer Branch Sheppard reappears for home flipper Dougie Aguilar, and we’ve been asking questions while he BBQ’s Texas brisket. https://t.co/My3ncYzLNz pic.twitter.com/qgEvJBEV00— lawsinusa (@lawsinusa) March 20, 2025
202500590 –
MORALES, JOSE vs. AMERICAN POINTE REALTY LTD
(Court 269)

Nothing on the docket re TRO or hearing as at Jan 7, 2025.
Nothing on the docket re TRO or hearing as at Jan 8, 2025.
NOTICE (Relist after Delarue Bails)
No bond or hearing or order on the docket today 1/8/2025.
Thus, this foreclosure sale set for Jan 7, 2025.
In stepped Erick “Delarogue” Delarue to stop foreclosure.
But something was said and there’s been no TRO issued.
Elder Abuse by The Judicial Machinery Itself
Repeatedly over years of legally binding requests, the judiciary has consciously, willfully and maliciously denied access to the actual “mortgage loan file” because the fraudulent paperwork is non-existent.https://t.co/OULFP6lCWw pic.twitter.com/0ZAEVdpsBq— lawsinusa (@lawsinusa) December 30, 2024
