Smith v. Texas Capital Loans, LLC
(4:24-cv-02757)
District Court, S.D. Texas, Judge Charles Eskridge
JUL 24, 2024 | REPUBLISHED BY LIT: SEP 12, 2024
SEP 12 16, OCT 9 25, 2024
Scroll down to the Bankruptcy case, that’s where all the action is, currently.
Above is the date LIT Last updated this article.
May 7, 2024 Foreclosure Sale by Auction: TRSale Deed
NOTICE of Resetting. Parties notified.
Initial Conference set for 12/4/2024 at 11:15 AM in by video before Magistrate Judge Richard W Bennett, filed.
(svj4) (Entered: 10/09/2024)
======
MINUTE ENTRY ORDER:
Pro se Plaintiff filed this case against Defendant on July 24, 2024. (ECF No. 1).
Under Rule 4(m) of the Federal Rules of Civil Procedure, Plaintiff has 90 days to serve the Defendant, which would be by October 22, 2024.
Plaintiff has not yet properly served the Defendant. The Court hereby resets the Rule 16 scheduling conference to 12/04/2024 at 11:15 a.m. to give Plaintiff sufficient time to serve the Defendant.
A copy of this order and a copy of the clerk’s office “Guidelines for Litigants Without Lawyers” will be mailed to the Plaintiff at the address on file and emailed to the Plaintiff at the email on file.
(Signed by Magistrate Judge Richard W Bennett) Parties notified.
(svj4) Modified on 10/9/2024 (svj4). (Entered: 10/09/2024)
| MAG,RWB |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-02757
| Smith v. Texas Capital Loans, LLC Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Richard W Bennett Cause: 28:1331 Fed. Question |
Date Filed: 07/24/2024 Jury Demand: None Nature of Suit: 371 Truth in Lending Jurisdiction: Federal Question |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/09/2024 | 7 | MINUTE ENTRY ORDER: Pro se Plaintiff filed this case against Defendant on July 24, 2024. (ECF No. 1). Under Rule 4(m) of the Federal Rules of Civil Procedure, Plaintiff has 90 days to serve the Defendant, which would be by October 22, 2024. Plaintiff has not yet properly served the Defendant. The Court hereby resets the Rule 16 scheduling conference to 12/04/2024 at 11:15 a.m. to give Plaintiff sufficient time to serve the Defendant. A copy of this order and a copy of the clerk’s office “Guidelines for Litigants Without Lawyers” will be mailed to the Plaintiff at the address on file and emailed to the Plaintiff at the email on file. (Signed by Magistrate Judge Richard W Bennett) Parties notified. (svj4) Modified on 10/9/2024 (svj4). (Entered: 10/09/2024) |
| 10/09/2024 | 8 | NOTICE of Resetting. Parties notified. Initial Conference set for 12/4/2024 at 11:15 AM in by video before Magistrate Judge Richard W Bennett, filed. (svj4) (Entered: 10/09/2024) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 10/09/2024 16:47:54 |
SCHEDULING and DOCKET CONTROL ORDER.
Amended Pleadings due by 12/12/2024.
Joinder of Parties due by 11/12/2024
Pltf Expert Report due by 6/10/2025.
Deft Expert Report due by 7/10/2025.
Discovery due by 8/25/2025.
Mediation due by 11/10/2025.
Dispositive Motion Filing due by 9/24/2025.
Non-Dispositive Motion Filing due by 9/24/2025.
Joint Pretrial Order due by 12/10/2025. Docket Call set for 1/27/2026 at 01:30 PM in Courtroom 9F before Judge Charles Eskridge. (Signed by Magistrate Judge Richard W Bennett) Parties notified. (svj4) (Entered: 08/26/2024)
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.
Initial Conference set for 10/10/2024 at 11:15 AM by video before Magistrate Judge Richard W Bennett.
(Signed by Judge Charles Eskridge) (Attachments: # 1 Attachments) Parties notified. (svj4) (Entered: 08/26/2024)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:24-cv-02757
| Smith v. Texas Capital Loans, LLC Assigned to: Judge Charles Eskridge Referred to: Magistrate Judge Richard W Bennett Cause: 28:1331 Fed. Question |
Date Filed: 07/24/2024 Jury Demand: None Nature of Suit: 371 Truth in Lending Jurisdiction: Federal Question |
| Plaintiff | ||
| Veronica McKelvin Smith | represented by | Veronica McKelvin Smith 10723 Cypresswood Drive Houston, TX 77070 346-668-8191 PRO SE |
| V. | ||
| Defendant | ||
| Texas Capital Loans, LLC a Delaware Limited Liability Texas Capitol Loans LLC |
||
| Date Filed | # | Docket Text |
|---|---|---|
| 07/24/2024 | 1 | COMPLAINT against All Defendants filed by Veronica McKelvin Smith. (Attachments: # 1 Civil Cover Sheet) (bwl4) (Entered: 07/24/2024) |
| 07/26/2024 | 2 | CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (bkt4) (Entered: 07/26/2024) |
| 07/26/2024 | 3 | NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (bkt4) (Entered: 07/26/2024) |
| 08/20/2024 | 4 | ORDER REFERRING CASE to Magistrate Judge Richard W. Bennett.(Signed by Judge Charles Eskridge) Parties notified. (gmh4) (Entered: 08/20/2024) |
| 08/26/2024 | 5 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/10/2024 at 11:15 AM by video before Magistrate Judge Richard W Bennett. (Signed by Judge Charles Eskridge) (Attachments: # 1 Attachments) Parties notified. (svj4) (Entered: 08/26/2024) |
| 08/26/2024 | 6 | SCHEDULING and DOCKET CONTROL ORDER. Amended Pleadings due by 12/12/2024. Joinder of Parties due by 11/12/2024 Pltf Expert Report due by 6/10/2025. Deft Expert Report due by 7/10/2025. Discovery due by 8/25/2025. Mediation due by 11/10/2025. Dispositive Motion Filing due by 9/24/2025. Non-Dispositive Motion Filing due by 9/24/2025. Joint Pretrial Order due by 12/10/2025. Docket Call set for 1/27/2026 at 01:30 PM in Courtroom 9F before Judge Charles Eskridge. (Signed by Magistrate Judge Richard W Bennett) Parties notified. (svj4) (Entered: 08/26/2024) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 09/12/2024 14:43:41 |
The Persistent Pro Se Julius North
In forma pauperis (IFP) abuse goes unchecked in Harris County District Court as North files 8 lawsuits in one day, all granted.
All process of service and filing fees and costs at the burden of the Taxpayer.https://t.co/RuBXXwN5hr pic.twitter.com/M4cSFRGJsp
— lawsinusa (@lawsinusa) September 12, 2024
McKelvin Smith v. Capital One Auto Financing
(4:24-cv-00480)
District Court, S.D. Texas, Judge Lee Rosenthal
FEB 9, 2024 – JUL 11, 2024 | REPUBLISHED BY LIT: SEP 12, 2024
Car Repo Case
Veronica McKelvin
(24-30523)
United States Bankruptcy Court, S.D. Texas
FEB 6, 2024 | REPUBLISHED BY LIT: OCT 25, 2024
Abatement Order filed October 24, 2024
In The
Fourteenth Court of Appeals
NO. 14-24-00574-CV
VERONICA MCKELVIN SMITH, Appellant V.
TEXAS CAPITAL LOANS, LLC A DELAWARE LIMITED LIABILITY
COMPANY, Appellee
On Appeal from the 55th District Court Harris County, Texas
Trial Court Cause No. 2023-27030
ABATEMENT ORDER
LIT REVIEWED THE BK CASE: Order Denying Motion To Stay Pending Appeal (Related Doc # 85), Denying Motion (Related Doc # 86) Signed on 9/24/2024. (njc7) (Entered: 09/24/2024), followed by; Motion For Contempt. Objections/Request for Hearing Due in 21 days. Filed by Creditor Texas Capital Loans, LLC (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Proposed Order) (Towber, Preston) (Entered: 10/08/2024).
This court has become aware that appellant is in bankruptcy. Tex. R. App. P. 8.1. On August 28, 2024, the United States Bankruptcy Court for the Southern District of Texas reopened appellant’s bankruptcy proceeding under case number 24-30523. A bankruptcy suspends the appeal from the date when the bankruptcy petition is filed until the appellate court reinstates the appeal in accordance with federal law. Tex. R. App. P. 8.2. Accordingly, we ORDER the appeal abated.
When a case has been suspended by a bankruptcy filing, a party may move the appellate court to reinstate the appeal if permitted by federal law or the bankruptcy court. Tex. R. App. P. 8.3. If the bankruptcy court has lifted or terminated the stay, a certified copy of the order must be attached to the motion. Id. A party filing a motion to reinstate shall specify what further action, if any, is required from this court when the appeal is reinstated. See Tex. R. App. P. 10.1(a).
For administrative purposes only, and without surrendering jurisdiction, the appeal is abated and treated as a closed case until further order of this court.
PER CURIAM
Panel Consists of Justices Jewell, Bourliot, and Zimmerer.
DUPFILER, CLOSED, REOPEN, APPEAL_NAT |
Southern District of Texas (Houston)
Bankruptcy Petition #: 24-30523
| Assigned to: Bankruptcy Judge Eduardo V Rodriguez Chapter 7 Voluntary No assetDebtor disposition: Standard Discharge |
|
| Debtor Veronica McKelvin 10723 Cypresswood Drive Houston, TX 77070 HARRIS-TX 713-805-3036 SSN / ITIN: xxx-xx-6155 |
represented by | Preston T Towber The Towber Law Firm PLLC 1111 Heights Blvd Houston, TX 77008 832-485-3555 Email: preston@towberlaw.comChristopher Ross Travis DOJ-Ust 515 Rusk Street Ste 3516 Houston, TX 77002 202-603-5225 Email: C.Ross.Travis@usdoj.gov |
| Trustee Christopher R Murray Jones Murray LLP 602 Sawyer St Ste 400 Houston, TX 77007 832-529-1999 |
represented by | Preston T Towber (See above for address)Christopher Ross Travis (See above for address) |
| U.S. Trustee US Trustee Office of the US Trustee 515 Rusk Ave Ste 3516 Houston, TX 77002 713-718-4650 |
represented by | Preston T Towber (See above for address)Christopher Ross Travis (See above for address) |
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 09/24/2024 | 88 (4 pgs) |
Order Denying Motion To Stay Pending Appeal (Related Doc # 85), Denying Motion (Related Doc # 86) Signed on 9/24/2024. (njc7) (Entered: 09/24/2024) | |
| 09/25/2024 | 89 (7 pgs) |
Appellant Designation of Contents For Inclusion in Record On Appeal (related document(s):81 Notice of Appeal). (bwl4) (Entered: 09/25/2024) | |
| 09/25/2024 | 90 (2 pgs) |
Application to Proceed Without Payment Filed by Debtor Veronica McKelvin (bwl4) (Entered: 09/25/2024) | |
| 09/26/2024 | 91 (6 pgs) |
BNC Certificate of Mailing. (Related document(s):88 Order on Motion To Stay Pending Appeal) No. of Notices: 1. Notice Date 09/26/2024. (Admin.) (Entered: 09/26/2024) | |
| 10/07/2024 | 92 (4 pgs) |
Appellee Designation of Contents for Inclusion in Record of Appeal (related document(s):81 Notice of Appeal, 89 Appellant Designation)., Statement of Issues on Appeal (related document(s):81 Notice of Appeal, 89 Appellant Designation). (Towber, Preston) (Entered: 10/07/2024) | |
| 10/08/2024 | 93 (14 pgs; 4 docs) |
Motion For Contempt. Objections/Request for Hearing Due in 21 days. Filed by Creditor Texas Capital Loans, LLC (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Proposed Order) (Towber, Preston) (Entered: 10/08/2024) | |
| 10/08/2024 | 94 (2 pgs) |
Proposed Order RE: Corrected Order to Show Cause (Filed By Texas Capital Loans, LLC ).(Related document(s):93 Motion for Contempt) (Towber, Preston) (Entered: 10/08/2024) | |
| 10/18/2024 | 95 (1 pg) |
Order Setting Hearing Signed on 10/18/2024 (Related document(s):93 Motion for Contempt) Hearing scheduled for 11/4/2024 at 03:00 PM at Houston, Courtroom 8B (EVR). (njc7) (Entered: 10/18/2024) | |
| 10/20/2024 | 96 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):95 Order Setting Hearing) No. of Notices: 1. Notice Date 10/20/2024. (Admin.) (Entered: 10/20/2024) | |
| 10/21/2024 | 97 (3 pgs) |
Certificate of Service (Filed By Texas Capital Loans, LLC ).(Related document(s):95 Order Setting Hearing) (Towber, Preston) (Entered: 10/21/2024) | |
| 10/22/2024 | 98 (52 pgs; 2 docs) |
Response (related document(s):93 Motion for Contempt). Filed by Texas Capital Loans, LLC (Attachments: # 1 Proposed Order) (McKelvin, Veronica) (Entered: 10/22/2024) | |
| 10/22/2024 | 99 (130 pgs; 19 docs) |
Response . Filed by Veronica McKelvin, Christopher R Murray, Texas Capital Loans, LLC, US Trustee (Attachments: # 1 Exhibit Exhibit 2: Registration of Texas Capital Loans, LLC, listing Donna Bremmer as an authorized person. # 2 Exhibit Exhibit 2: Registration of Texas Capital Loans, LLC, listing Donna Bremmer as an authorized person. # 3 Exhibit Exhibit 3: Real Estate Lien Note and Deed of Trust wraparound loan provision included. # 4 Exhibit Exhibit 4: Notice of Assignment and Sale of Servicing Rights not received by Movant. # 5 Exhibit Exhibit 5: Release of Lien dated December 2, 2022, and recorded January 5, 2023. # 6 Exhibit Exhibit 6: Allonge to Promissory Note dated December 28, 2022 (invalid). # 7 Exhibit Exhibit 7: Assignment of Note and Lien dated December 22, 2022 (invalid). # 8 Exhibit Exhibit 8: Request for Accounting (Non-Compliance) sent to Texas Capital Loans, LLC. # 9 Exhibit Exhibit 9: Qualified Written Request (QWR) with USPS tracking. # 10 Exhibit Exhibit 10: Notice of Revocation sent to Texas Capital Loans, LLC, Jose Martinez, and Donna Bremmer. # 11 Exhibit Exhibit 11: Response from SWE Homes letter from Donna Bremmer. # 12 Exhibit Exhibit 12: Notice of Removal and Revocation filed in Harris County # 13 Exhibit Exhibit 13: Tendered Payment of $225,000 USPS certified mail receipt attached. # 14 Exhibit Exhibit 14: Courtroom Minutes Jose Martinez sworn in as loan officer. # 15 Exhibit Exhibit 15: Certificate of Notice from Bankruptcy showing discharge (Docket No. 65). # 16 Exhibit Exhibit 16: Docket No. 29-10 showing inconsistencies in balances, payments, and IRS 1098 form. # 17 Exhibit Exhibit 17: FTC Report on Identity Theft (FTC No. 177594958) filed October 3, 2024. # 18 Exhibit Elements of Fraud) (McKelvin, Veronica) (Entered: 10/22/2024) | |
| 10/22/2024 | 100 (3 pgs) |
Corrected Response Corrected Exhibit 1 Exhibit 1: Certificate of Fact from the Texas Secretary of State Showing Texas Capital Loans, LLC, a Delaware limited liability company, is not registered in Texas.. Filed by Veronica McKelvin, Christopher R Murray, Texas Capital Loans, LLC, US Trustee (McKelvin, Veronica) (Entered: 10/22/2024) | |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 10/25/2024 07:16:49 |
Veronica McKelvin Smith
(23-34816)
United States Bankruptcy Court, S.D. Texas
DEC 5, 2023 – JAN 24, 2024 | REPUBLISHED BY LIT: SEP 12, 2024
McKelvin (4:24-cv-03418)
District Court, S.D. Texas
Assigned to Judge Charles Eskridge
Sep. 13: Clerks Notice of Filing Appeal from the Bankruptcy Court (noticing)
202327030 –
SMITH, VERONICA MCKELVIN vs. TEXAS CAPITAL LOANS LLC
MAY 1, 2023 | REPUBLISHED BY LIT: SEP 12, 2024
Eviction case which led to bankruptcy filing per docket.
Appeal Court Letter re IFP for Record
ORDER FOR INTERLOCUTORY SUMMARY JUDGMENT SIGNED
|
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