LIT COMMENTARY
The history of the Property, the loan of Texas Funding on the Property, and other matters related to the Property have been pending before numerous courts, both state and federal, since 2018.
October 19, 2023, in Anchor’s bankruptcy case, Judge Lopez issued his Order for Relief from Automatic Stay as to Real Property allowing Texas Funding to proceed with the foreclosure of the Property.
Despite the fact that the Litigation is still pending before Judge Lopez in federal bankruptcy court, on December 28, 2023 at 7:42 P.M., Plaintiff filed this instant lawsuit now seeking yet again to delay and enjoining the foreclosure of the Property.
An ex parte hearing was held on December 29, 2023 and the Harris County Ancillary District Court Judge issued a Temporary Restraining Order enjoining Texas Funding from foreclosing on the Property (the “TRO”).
Plaintiff failed to provide any notice to Texas Funding, including not even a phone call or email to Texas Funding’s counsel on this matter of nearly four years, prior to the ex parte hearing.
Plaintiff also failed to seek an order enjoining the foreclosure of the Property from the federal court with exclusive jurisdiction over the matter and the Litigation between Plaintiff and Texas Funding regarding the Property.
202388478 –
7502 HARRISBURG LLC vs. TEXAS FUNDING LLC
(Court 190, JUDGE BEAU MILLER)
DEC 28, 2023 | REPUBLISHED BY LIT: AUG 20, 2024
COMES NOW, Texas Funding Corporation, Defendant in the above-styled and numbered cause and files this its Motion to Dismiss for Lack of Jurisdiction and Plea in Abatement as to Plaintiff 7502 Harrisburg, LLC’s Original Petition, Application for Injunctive Relief, and Request for Disclosures filed in the above-styled and numbered cause on December 28, 2023 and in support thereof would show as follows:
I. Introduction and Background
1. This is a suit brought by Plaintiff 7502 Harrisburg, LLC against Texas Funding Corporation (“Texas Funding”) seeking to enjoin the foreclosure on the real property located at 7502 and 7512 Harrisburg, Houston, Texas 77011 (the “Property”).
2. Texas Funding is the lender on the Property and Plaintiff is the borrower on the note. Specifically, on or about February 6, 2020, Plaintiff entered a Promissory Note and granted a Deed of Trust on the Property securing the Promissory Note to Texas Funding.1 The Property is commercial in nature and constitutes approximately 1.5 acres of vacant property east of downtown Houston. Plaintiff failed to make all payments on the note as required therein. As a result, Texas
1 A true and correct copy of the Promissory Note and the recorded Deed of Trust on the property are attached hereto as Exhibits 1 and 2, respectfully.
Funding posted the Property for foreclosure sale on December 5, 2023.
3. However, this instant lawsuit pending before this Honorable Court is not the first or only lawsuit related to the Property, the debt owed by Plaintiff to Texas Funding on the Property, or an attempt to delay, hinder, and stall the foreclosure of the Property.
The history of the Property, the loan of Texas Funding on the Property, and other matters related to the Property have been pending before numerous courts, both state and federal, since 2018.
4. Prior to the ownership of the Property by Plaintiff, the Property was transferred from the F.E.F.Y. Trust (“FEFY Trust”) to Anchor Development Group, LLC in December 2015.
Anchor Development Group, LLC (“Anchor”) then refinanced the Property with Texas Funding in December 2019.
Thereafter, Anchor “sold” the Property to Plaintiff in February 2020.
At the time of the transfer from Anchor to Plaintiff, Texas Funding issued a new loan on the Property to Plaintiff essentially paying-off/refinancing the loan on the Property from December 2019.
5. Following the transfer of the Property from Anchor to Plaintiff in early 2020, the prior owner of the Property, FEFY Trust, filed suit against Plaintiff, Plaintiff’s owner Sandra Cepeda, Anchor, Anchor’s owner Albert Ortiz, and Texas Funding, inter alia, alleging that the transfer of the Property was a fraudulent transfer meant to defraud Anchor’s creditors.2
Texas Funding denies any knowledge of the fraudulent transfer of the Property from Anchor to Plaintiff and maintains that it was a bona fide mortgagee on the Property.
6. The litigation history involving Texas Funding and Plaintiff related to the Property is long and voluminous, but the matter, Cause No. 2018-72333, was pending before Judge Payne in the 55th Judicial District from March 2020 through August 2022 and spans more than 1,000
2 See Plaintiff’s First Supplemental Petition filed on March 6, 2020 in Cause No. 2018-72333; Ana Josefa Garcia De Los Salmones, as Trustee of F.E.F.Y Trust v. Albert Ortiz, Anchor Development Group, LLC, Texas Funding Corporation, et al.; In the District Court of Harris County, Texas, 55th Judicial District.
entries on the Clerk’s Records, tens of thousands of pages of filings, an accelerated appeal to the 1st Court of Appeals, at least two seperate Temporary Injunctions issued by Judge Payne, and numerous hearings, orders, and other matters including show cause orders directed at Ortiz and Cepeda due to their failure to abide by the 55th Judicial District’s orders (the “Litigation”).
7. During the Litigation, Texas Funding filed its Original Crossclaim and Counterclaim on October 9, 2020 (“Texas Funding’s Claim”).3
As part of Texas Funding’s Claim, it asserted causes of action, inter alia, against Plaintiff for fraud and breach of contract relating to the Deed of Trust and Promissory Note, specifically including the failure of Plaintiff to pay all amounts due and owing under the Promissory Note and Deed of Trust.
8. In the summer of 2021, following the end of the moratorium on foreclosures in Harris County due to the COVID-19 pandemic, Texas Funding was preparing to foreclose on the Property due to non-payment by Plaintiff since May of 2020.
FEFY Trust then moved the 55th Judicial District for a Temporary Injunction to prevent Texas Funding’s foreclosure on the Property due to its pending claims relating to the alleged fraudulent transfer of the Property.
On September 21, 2021, Judge Payne issued her Temporary Injunction preventing the foreclosure of the Property (the “September 2021 TI”) in the Litigation.4 Texas Funding appealed this order to the 1st Court of Appeals.
9. However, all of the state court litigation regarding the Property was stayed in August 2022, including Texas Funding’s appeal of the September 2021 TI, when Anchor filed for Chapter 7 Bankruptcy protection.5
As part of the bankruptcy proceeding, the Litigation before the
3 A true and correct copy of Texas Funding Corporation’s Original Crossclaim and Counterclaim is attached hereto as Exhibit 3.
4 A true and correct copy of the September 21, 2021 Temporary Granting Temporary Injunction is attached hereto as Exhibit 4.
5 See Case No. 22-60051, In. re Anchor Development Group, LLC, In the United States Bankruptcy Court for the Southern District of Texas, Victoria Division
55th Judicial District was removed to Judge Christopher Lopez’s court in Adversary No. 22- 06061.6
This Litigation remains active and pending before Judge Lopez.
10. During the continued course of the Litigation in the adversary action, in 2023, Texas Funding and FEFY Trust settled the claims and causes of action of FEFY Trust against Texas Funding related to the Property and the claims were dismissed.7
As part of the settlement of the claims related to the fraudulent transfer, on September 22, 2023, Judge Lopez issued his Order Dissolving Temporary Injunction specifically dissolving the September 2021 TI.8
Thereafter, on October 19, 2023, in Anchor’s bankruptcy case, Judge Lopez issued his Order for Relief from Automatic Stay as to Real Property allowing Texas Funding to proceed with the foreclosure of the Property.9
11. Texas Funding in turn posted the Property for the foreclosure sale on December 5, 2023, and provided all of the required notices.
However, prior to the foreclosure sale, on the morning of December 5, 2023, Albert Ortiz, the sole owner of Anchor, filed a pro se Chapter 11 Bankruptcy Petition on behalf of Plaintiff purporting to be its “chief restructuring officer”.10
Ortiz is not a licensed attorney and the bankruptcy filing failed to include the required documents including a corporate resolution from Sandra Cepeda as the sole owner of Plaintiff authorizing the bankruptcy or any documents authorizing Ortiz to act on Plaintiff’s behalf.
12. Following the fraudulent and legally deficient bankruptcy filing by Ortiz, Texas Funding joined the United States Trustee in an emergency request to have Plaintiff’s bankruptcy
6 See Exhibit 5, a true and correct copy of the Notice of Filing of Notice of Removal filed by Albert Ortiz on November 28, 2022.
7 A true and correct copy of the Order of Partial Dismissal [Doc. 9] is attached hereto as Exhibit 6.
8 A true and correct copy of the Order Dissolving Temporary Injunction [Doc. 10] is attached hereto as Exhibit 7.
9 A true and correct copy of the Order for Relief from Automatic Stay as to Real Property [Doc. 50] is attached here to as Exhibit 8.
10 A true and correct copy of 7502 Harrisburg LLC’s bankruptcy petition [Doc. 1], Case 23-34813, is attached hereto as Exhibit 9.
dismissed.
Judge Jeffrey P. Norman heard the emergency request and dismissed Plaintiff’s bankruptcy on December 12, 2023, a mere seven days after Ortiz filed the petition.11
13. Despite the fact that the Litigation is still pending before Judge Lopez, on December 28, 2023 at 7:42 P.M., Plaintiff filed this instant lawsuit now seeking yet again to delay and enjoining the foreclosure of the Property.
An ex parte hearing was held on December 29, 2023 and the Harris County Ancillary District Court Judge issued a Temporary Restraining Order enjoining Texas Funding from foreclosing on the Property (the “TRO”).
Plaintiff failed to provide any notice to Texas Funding, including not even a phone call or email to Texas Funding’s counsel on this matter of nearly four years, prior to the ex parte hearing.
Plaintiff also failed to seek an order enjoining the foreclosure of the Property from the federal court with exclusive jurisdiction over the matter and the Litigation between Plaintiff and Texas Funding regarding the Property.
II. Argument and Authorities
14. A plea to the jurisdiction is intended to dismiss a cause of action without regard to the merits of the claim.
Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex.2000).
Without subject-matter jurisdiction, a court does not have authority to render judgment and must dismiss the claim without resolving the party’s substantive argument.
City of Houston v. Rhule, 417 S.W.3d 589, 590 (Tex.2013).
A plaintiff bears the burden to demonstrate a trial court’s subject matter jurisdiction.
See Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 446 (Tex.1993).
15. This Court must decide whether Plaintiff has affirmatively demonstrated this Court’s jurisdiction to hear this suit, based on the facts alleged by Plaintiff, and if necessary to resolve jurisdictional facts on evidence submitted by the parties.
See State v. Holland, 221 S.W.3d
11 A true and correct copy of the Order Granding Emergency Motion of the United States Trustee to Dismiss Case [Doc. 22] is attached hereto as Exhibit 10.
639, 642-43 (Tex.2007).
16. Based upon Plaintiff’s pleadings, this Court does not have jurisdiction over the claims of Plaintiff because the exact claims raised by Plaintiff are currently pending before Judge Lopez in the United States Bankruptcy Court for the Southern District of Texas.
A plea to the jurisdiction is proper to challenge a suit brought in one court when another court has continuing, exclusive jurisdiction.
Jansen v. Fitzpatric,14 S.W.3d 426, 430-31 (Tex.App.—Houston [14th Dist.] 2000, no pet).
The United States Bankruptcy Court for the Southern District of Texas now has jurisdiction over the claims of Plaintiff with regards to the issuance and enforcement of an injunction regarding the Property.
17. Additionally, Texas law is clear that when two courts both have potential jurisdiction on a case, the court in which suit is first filed acquires dominant jurisdiction to the exclusion of other courts.12
“Any subsequent suit involving the same parties and the same controversy must be dismissed if a party to that suit calls the second court’s attention to the pendency of the prior suit by a plea in abatement.
If the second court refuses to sustain a proper plea in abatement or attempts to interfere with the prior action, this court has the power to act by mandamus or other appropriate writ to settle the conflict of jurisdiction.”13
18. “Where two actions involving the same subject matter are brought in different courts having concurrent jurisdiction, the court which first acquires jurisdiction should retain such jurisdiction, undisturbed by the interference of another court, and dispose of the controversy.
It is not required that the exact issues and all the parties be included in the first action before the second action is filed, provided that the claim in the first suit may be amended to bring in all necessary and proper parties and issues.
The test is whether there is an inherent interrelation of the subject
12 Curtis v. Gibbs, 511 S.W.2d 263, 267 (Tex. 1974)
13 Id.
matter in the two suits.
As long as the forum of the first action is proper, the plaintiff’s choice of forum must be respected, and a defendant is “simply not at liberty to decline to do battle in the forum chosen by the plaintiff.”14
19. In 2016, The Texas Supreme Court further clarified its “dominant jurisdiction” jurisprudence in In re J.B. Hunt Transp., Inc.
There the Court stated the threshold question is “whether there is an inherent interrelation between the subject matter of the two pending lawsuits that triggers a dominant-jurisdiction question”.15
20. In this case there is no question that there exists an “inherent interrelation between the subject matter of” this lawsuit and the Litigation currently pending in the adversarial bankruptcy action.
Plaintiff’s pleadings in this lawsuit specifically deals with the Property, seeks a cause of action for breach of contract of the Deed of Trust, and seeks to enjoin the foreclosure of the Property under the Deed of Trust.16
21. The Litigation, which has been ongoing between Plaintiff and Texas Funding since 2020 deals with the exact same subject matter, causes of action, and Property.
Specifically, Texas Funding sued Plaintiff for breach of contract for failing to the amounts due and owing under the Deed of Trust.17
Further, the matter of a temporary injunction preventing Texas Funding has already been litigated in the Litigation, first before Judge Payne in her September 2021 TI, and then again by Judge Lopez when the September 2021 TI was dissolved in October 2023.18
22. As there is no question that the subject matter of this lawsuit and the subject matter of the Litigation are the exact same matter, there exists far more than an “inherent interrelation”
14 In re Sims, 88 S.W.3d 297, 302 (Tex. App. – San Antonio 2022, orig. proceeding) (citing Wyatt v. Shaw, 760 S.W.2d 245, 247-248 (Tex. 1988)
15 In re J.B. Hunt Transp., Inc., 492 S.W.287, 292 (Tex. 2016)
16 See Plaintiff’s Original Petition, Application for Injunctive Relief and Requests for Disclosures filed on December 28, 2023
17 See Exhibit 3, Paragraph 19
18 See Exhibits 4 and 7
between this case and the Litigation.
The Litigation has been ongoing for years and when it is finally reaching its conclusion, the foreclosure of the Property by Texas Funding, Plaintiff now has improperly run to this Court seeking to enjoin the foreclosure of the Property that has already been approved by the court with dominant jurisdiction over the parties and the Property.
This Court must step aside and grant Texas Funding’s motion to dismiss.
23. This Court lacks subject matter jurisdiction over the claims of Plaintiff and the Property, and the United States Bankruptcy Court for the Southern District of Texas has dominant jurisdiction over this matter in Adversary Case 22-06061 (CML)
(Removed from the 55th Judicial District Court of Harris County, Texas; Cause No. 2018-72333).
The temporary restraining order issued December 29, 2023 issued in the matter should be immediately vacated and this cause of action should be dismissed.
III. Request for Bond Disbursement
24. As part of the Temporary Restraining Order issued on December 29, 2023, Plaintiff was required to post a cash bond in the amount of $2,500 in accordance with Texas Rules of Civil Procedure 684.
Texas Funding seeks recovery and payment of the bond amount due to the damages incurred by Texas Funding due to the erroneous filing of this lawsuit in this Court, and the expenses incurred by Texas Funding in the preparation and filing of this Motion to Dismiss for Lack of Jurisdiction and Plea in Abatement.
Prayer
WHEREFORE, PREMISES CONSIDERED, Defendant Texas Funding Corporation requests the Court grant Defendant’s Motion to Dismiss for Lack of Jurisdiction and Plea in Abatement and further prays for any and all further relief to which Defendant Texas Funding Corporation may be entitled at law or in equity.
Respectfully submitted,
J D Herberger & Associates, PC
By: /s/ Sean M. Rooney
Sean M. Rooney
State Bar No.: 24058714
sean@herbergerlaw.com
Jacob D. Herberger
State Bar No.: 24097826
jacob@herbergerlaw.com
11767 Katy Freeway, Suite 920
Houston, Texas 77079
(281) 920-4700 – Telephone
(281) 920-4711 – Facsimile
ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing instrument was served, by certified mail, return receipt requested facsimile and/or electronic service on the following:
Erick DeLaRue
Law Office of Erick DeLaRue, PLLC
2800 Post Oak Boulevard, Suite 4100
Houston, Texas 77056
erick.delarue@delaruelaw.com
(713) 899-6727
on this 4th day of January, 2024.
/s/ Sean M. Rooney
Sean M. Rooney
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Jennifer Tran on behalf of Sean Rooney Bar No. 24058714
jennifer@herbergerlaw.com Envelope ID: 83088184
Filing Code Description: Motion (No Fee)
Filing Description: Defendant’s Motion to Dismiss for Lack of Jurisdiction and Plea in Abatement, Exhibits 1-10 and proposed Order on Defendant’s Motion to Dismiss
Status as of 1/4/2024 3:23 PM CST
Read all about the Felons for Lawyers in Texas program:https://t.co/1yzNvmNPfR https://t.co/7JW2LUDr44
— lawsinusa (@lawsinusa) August 14, 2024
NOV 7, 2023 | REPUBLISHED BY LIT: AUG 20, 2024
AUG 20, 2024
Above is the date LIT Last updated this article.
Complaint
Order Granting Motion Expedite Hearing (Related Doc # 167)
Signed on 8/19/2024.
Hearing on 159 Motion to Sell is scheduled for
9/23/2024 at 01:30 PM at Houston, Courtroom 403 (JPN).
(trc4) (Entered: 08/19/2024)
Motion to Sell Personal Property Rights to Albert Ortiz Pursuant to 11 U.S.C. § 363(b) and (f)
Free and Clear of Liens as Described in Section 363(f).
Chapter 7 Trustee seeks deferral of fee due to lack of funds in the estate.
Objections/Request for Hearing Due in 21 days.
Filed by Trustee Eva S Engelhart
Hearing scheduled for 9/25/2024 at 01:30 PM at Houston, Courtroom 403
(JPN). (Attachments: # 1 Proposed Order) (Myers, Marc) (Entered: 08/14/2024)
CONVERTED |
Southern District of Texas (Houston)
Bankruptcy Petition #: 23-34381
| Assigned to: Bankruptcy Judge Jeffrey P Norman Chapter 7 Previous chapter 11 Original chapter 11 Voluntary Asset
|
|
| Debtor G.H. Reid Enterprises, LLC 6300 Dixie Dr Houston, TX 77087-5006 HARRIS-TX Tax ID / EIN: 74-3186989 |
represented by | Reese W Baker Baker & Associates 950 Echo Lane Suite 300 Houston, TX 77024 713-869-9200 Fax : 713-869-9100 Email: courtdocs@bakerassociates.net |
| 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 | Hector Duran, Jr U.S. Trustee 515 Rusk Ste 3516 Houston, Tx 77002 7137184650 Email: Hector.Duran.Jr@usdoj.govHa Minh Nguyen Office of the United States Trustee 515 Rusk St Ste 3516 Houston, TX 77002 202-590-7962 Email: ha.nguyen@usdoj.gov |
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 07/31/2024 | 152 (6 pgs; 2 docs) |
Objection (related document(s):147 Application to Compromise Controversy). Filed by Albert Ortiz (Attachments: # 1 Proposed Order) (Rubio, Charles) (Entered: 07/31/2024) | |
| 08/01/2024 | 153 (3 pgs) |
Notice of Appearance and Request for Notice Filed by Charles Michael Rubio Filed by on behalf of Albert Ortiz (Rubio, Charles) (Entered: 08/01/2024) | |
| 08/01/2024 | 154 (3 pgs) |
Certificate of Service (Filed By Albert Ortiz ).(Related document(s):152 Objection) (Rubio, Charles) (Entered: 08/01/2024) | |
| 08/02/2024 | 155 | Trustee Certification of Services Rendered Under 11 U.S.C. Section 330(e). I rendered the following service in the case and am eligible for payment under 11 U.S.C. Section 330(e): Filed a Notice of Assets. I declare under penalty of perjury that the foregoing is true and correct. (Executed on 08/02/2024). (Related document(s):134 Trustee’s Request for Notice of Assets) (Engelhart, Eva) (Entered: 08/02/2024) | |
| 08/13/2024 | 156 (11 pgs; 2 docs) |
Motion to Expedite Hearing (related document(s):114 Emergency Motion). Filed by Creditor RJMG Fund LLC (Attachments: # 1 Proposed Order order) (Goldberg, Edgar) (Entered: 08/13/2024) | |
| 08/14/2024 | 157 (1 pg) |
Order Denying Expedited Motion to Invalidate Lease (Related Doc # 156) Signed on 8/14/2024. (trc4) (Entered: 08/14/2024) | |
| 08/14/2024 | 158 (1 pg) |
Withdraw Document (Filed By Eva S Engelhart ).(Related document(s):147 Application to Compromise Controversy) (Myers, Marc) (Entered: 08/14/2024) | |
| 08/14/2024 | 159 (28 pgs; 2 docs) |
Motion to Sell Personal Property Rights to Albert Ortiz Pursuant to 11 U.S.C. § 363(b) and (f) Free and Clear of Liens as Described in Section 363(f). Chapter 7 Trustee seeks deferral of fee due to lack of funds in the estate. Objections/Request for Hearing Due in 21 days. Filed by Trustee Eva S Engelhart Hearing scheduled for 9/25/2024 at 01:30 PM at Houston, Courtroom 403 (JPN). (Attachments: # 1 Proposed Order) (Myers, Marc) (Entered: 08/14/2024) | |
| 08/14/2024 | 160 (4 pgs) |
Certificate of Service (Filed By Eva S Engelhart ).(Related document(s):158 Withdraw Document, 159 Motion to Sell) (Myers, Marc) (Entered: 08/14/2024) | |
| 08/14/2024 | 161 (3 pgs) |
Notice of Appearance and Request for Notice Filed by Julie M. Koenig Filed by on behalf of G&G Towering Investments, Inc. (Koenig, Julie) (Entered: 08/14/2024) | |
| 08/15/2024 | 162 (19 pgs; 3 docs) |
Motion for Turnover of Property and to Invalidate Lease Filed by Creditor RJMG Fund LLC Hearing scheduled for 9/17/2024 at 10:00 AM at Houston, Courtroom 403 (JPN). (Attachments: # 1 Exhibit default letter # 2 Proposed Order order) (Goldberg, Edgar) (Entered: 08/15/2024) | |
| 08/15/2024 | 163 (1 pg) |
Order Denying Motion to Invalidate Lease (Related Doc # 162) Signed on 8/15/2024. (trc4) (Entered: 08/15/2024) | |
| 08/15/2024 | 164 (18 pgs; 3 docs) |
**Withdrawn at ECF 166**Motion for Turnover of Property and to Invalidate Lease Filed by Creditor RJMG Fund LLC Hearing scheduled for 9/25/2024 at 01:30 PM at Houston, Courtroom 403 (JPN). (Attachments: # 1 Exhibit default letter # 2 Proposed Order order) (Goldberg, Edgar) Modified on 8/15/2024 (TraceyConrad). (Entered: 08/15/2024) | |
| 08/15/2024 | 165 (18 pgs; 3 docs) |
Motion for Turnover of Property and Invalidate Lease Filed by Creditor RJMG Fund LLC Hearing scheduled for 9/25/2024 at 01:30 PM at Houston, Courtroom 403 (JPN). (Attachments: # 1 Exhibit default # 2 Proposed Order order) (Goldberg, Edgar) (Entered: 08/15/2024) | |
| 08/15/2024 | 166 (1 pg) |
Withdraw Document (Filed By RJMG Fund LLC ).(Related document(s):164 Motion for Turnover of Property) (Goldberg, Edgar) (Entered: 08/15/2024) | |
| 08/16/2024 | 167 (10 pgs) |
Motion to Expedite Hearing (related document(s):159 Motion to Sell). Filed by Trustee Eva S Engelhart (Myers, Marc) (Entered: 08/16/2024) | |
| 08/16/2024 | 168 (2 pgs) |
Proposed Order RE: (Filed By Eva S Engelhart ).(Related document(s):167 Motion to Expedite Hearing) (Myers, Marc) (Entered: 08/16/2024) | |
| 08/16/2024 | 169 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):157 Order on Motion to Expedite Hearing) No. of Notices: 4. Notice Date 08/16/2024. (Admin.) (Entered: 08/17/2024) | |
| 08/17/2024 | 170 (4 pgs; 2 docs) |
Response (Filed By G&G Towering Investments, Inc. ).(Related document(s):167 Motion to Expedite Hearing) (Attachments: # 1 Proposed Order) (Koenig, Julie) (Entered: 08/17/2024) | |
| 08/17/2024 | 171 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):163 Order on Motion for Turnover of Property) No. of Notices: 5. Notice Date 08/17/2024. (Admin.) (Entered: 08/17/2024) | |
| 08/19/2024 | 172 (2 pgs) |
Order Granting Motion Expedite Hearing (Related Doc # 167) Signed on 8/19/2024. Hearing on 159 Motion to Sell is scheduled for 9/23/2024 at 01:30 PM at Houston, Courtroom 403 (JPN). (trc4) (Entered: 08/19/2024) | |
| 08/19/2024 | 173 (4 pgs) |
Certificate of Service (Filed By Eva S Engelhart ).(Related document(s):172 Order on Motion to Expedite Hearing) (Myers, Marc) (Entered: 08/19/2024) | |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/20/2024 10:24:10 |
LIT’S DECLARATION RE THE IMPOSTER CATHOLIC LAWYER
Texas Lawyer Mark Cronenwett is a purported Roman Catholic.
He’s a Liar, Thief n’ Evil.
🔥’s going make sure the public worldwide know about his Evil Deeds and despicable Elder Abuse against a Catholic-raised 85-Yr-Old Widow. pic.twitter.com/5Gxel8X1d6
— lawsinusa (@lawsinusa) August 15, 2024
7502 Harrisburg LLC v. Texas Funding Corporation
(24-06004)
United States Bankruptcy Court, S.D. Texas
JAN 24, 2024 | REPUBLISHED BY LIT: AUG 20, 2024
AUG 20, 2024
Above is the date LIT Last updated this article.
Copy of January 31, 2024 Hearing Order Entered in Main Case #22-60051,
consolidating adv. cases 22-06061 and 24-06004.
Signed on 1/31/2024. (RosarioSaldana) (Entered: 01/31/2024)
Southern District of Texas (Victoria)
Adversary Proceeding #: 24-06004
| Assigned to: Bankruptcy Judge Christopher M. Lopez Lead BK Case: 22-60051 Lead BK Title: Anchor Development Group LLC and 7502 Harrisburg LLC Lead BK Chapter: 7 Demand: |
Date Filed: 01/24/24 Date Removed From State: 01/24/24 |
| Nature[s] of Suit: | 72 | Injunctive relief – other | ||
| 14 | Recovery of money/property – other |
Plaintiff ———————– 7502 Harrisburg LLC 8418 Kirkville Drive Houston, TX 77089 SSN / ITIN: xxx-xx-7284 |
represented by |
Erick DeLaRue
|
| V. | ||
Defendant ———————– Texas Funding Corporation c/o J D Herberger & Associates PC Attn: Sean M. Rooney 11767 Katy Freeway, Suite 920 Houston, TX 77079 2819204700 |
represented by |
Sean Michael Rooney |
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 01/24/2024 | 1 (8 pgs) |
Adversary case 24-06004. Nature of Suit: (72 (Injunctive relief – other)),(14 (Recovery of money/property – other)) Notice of Removal 7502 Harrisburg LLC. Fee Amount $350 (Rooney, Sean) (Entered: 01/24/2024) | |
| 01/24/2024 | 2 (249 pgs; 20 docs) |
Additional Attachments Re: Docket Appendix (related document(s):1 Notice of Removal) (Filed By Texas Funding Corporation ).(Related document(s):1 Notice of Removal) (Attachments: # 1 Appendix 1 # 2 Appendix 2 # 3 Appendix 3 # 4 Appendix 4 # 5 Appendix 5 # 6 Appendix 6 # 7 Appendix 7 # 8 Appendix 8 # 9 Appendix 9 # 10 Appendix 10 # 11 Appendix 11 # 12 Appendix 12 # 13 Appendix 13 # 14 Appendix 14 # 15 Appendix 15 # 16 Appendix 16 # 17 Appendix 17 # 18 Appendix 18 # 19 Appendix 19) (Rooney, Sean) (Entered: 01/24/2024) | |
| 01/31/2024 | 3 (1 pg) |
Copy of January 31, 2024 Hearing Order Entered in Main Case #22-60051, consolidating adv. cases 22-06061 and 24-06004. Signed on 1/31/2024. (RosarioSaldana) (Entered: 01/31/2024) | |
| 02/02/2024 | 4 (2 pgs) |
BNC Certificate of Mailing. (Related document(s):3 Generic Order) No. of Notices: 3. Notice Date 02/02/2024. (Admin.) (Entered: 02/02/2024) | |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/20/2024 08:48:49 |
OCHLOCRACY DIOCESE OF DALLAS @DallasCath
Where the Devil Goes to Network with his Own Kind
Texas Lawyers and Judges Segregate from the general population of Catholics and have setup their own legal entity c/o the Catholic Bandit Mark “Devil” Cronenwett.https://t.co/qdm3SAzQSB— lawsinusa (@lawsinusa) August 15, 2024
MAR 5, 2024 | REPUBLISHED BY LIT: AUG 20, 2024
AUG 20, 2024
Above is the date LIT Last updated this article.
Show Cause Order for Albert Ortiz and Sandra Cepeda.
Show Cause hearing to be held on 5/23/2024 at 02:00 PM at Houston,
Courtroom 401 (CML). Signed on 5/16/2024. (rgs4) (Entered: 05/16/2024)
CAME ON FOR CONSIDERATION, the Motion to Show Cause and for Sanctions as to Albert Ortiz and Sandra Cepeda, Individually, filed by Texas Funding Corporation. It is:
ORDERED that Albert Ortiz and Sandra Cepeda shall personally appear before this Court on May 23, 2024 at 2:00 p.m. in order to show cause why they should not beheld in contempt and why sanctions shall not be issued against them.
Failure to appear as ordered shall be considered contempt and this Court will issue a bench warrant directing the United States Marshall Service to take them into custody; and it is further
ORDERED that counsel to the Debtor must appear at the hearing in person too.
RELIEF IS REQUESTED PRIOR TO 12:00 PM ON MAY 7, 2024
TO THE HONORABLE BANKRUPTCY JUDGE CHRISTOPHER M. LOPEZ:
Pursuant to 11 USC §1112(b), Texas Funding Corporation (“Texas Funding”), a secured creditor herein, respectfully submits its Emergency Motion to Show Cause against the Debtor 7502 Harrisburg, LLC, and Emergency Motion for Sanctions against Albert Ortz and Sandra Cepeda, Individually (the “Motion”) and would show the Court as follows:
I. SUMMARY of ARGUMENT
1. On April 9, 2024, this Court issued an Order allowing Texas Funding to foreclose on the real property owned by Debtor 7502 Harrisburg, LLC located 7502 and 7510 Harrisburg, Houston, Texas 77011 and further described in the Note and Deed of Trust (the “Property”) previously filed in this case.
The foreclosure sale is scheduled for today, May 7, 2024 between 10am and 1pm as set forth by Texas law.
2. At 10:01 am on May 7, 2024, Albert Ortiz (“Ortiz”) sent the attached email and documents to the undersigned counsel for Texas Funding, and the foreclosure counsel for Texas Funding, John Bolen, stating that the ownership of Debtor has been transferred by Sandra Cepeda (“Cepeda”) to Ortiz, and eventually to GH Reid Enterprises, LLC (“GH Reid”).
In addition to Debtor being in Chapter 11 Bankruptcy in this current cause, GH Reid is currently in Chapter 11 Bankruptcy pending before Judge Norman in Case No. 23-34381.
3. As such, Ortiz claims that the bankruptcy of GH Reid precludes the foreclosure of the Property in spite of this Court’s Order of April 9, 2024 and the other orders issued by this Court in the bankruptcy of Ortiz’s other entity, Anchor Development Group, LLC that is pending before this Court as Case No. 22-60051 (CML); In Re: Anchor Development Group, LLC.
4. Cepeda and Ortiz did not seek authority or approval from this Court prior to transferring Debtor from Cepeda to Ortiz. Ortiz nor GH Reid sought approval from Judge Norman prior to GH Reid allegedly buying the assets and property of Debtor.
5. Texas Funding now comes to this Court to ask for an order confirming that today’s scheduled foreclosure sale may proceed as previously ordered, that the “the agreements which transferred ownership of 7502 Harrisburg LLC (“7502H”) from Sandra Cepeda to eventually GH Reid Enterprises LLC” are void, sanctions against Ortiz and Cepeda, individually, and a show cause order regarding the contempt of Debtor, Ortiz and Cepeda.
II. EXPEDITED HEARING REQUESTED
6. Texas Funding requests an expedited hearing on this Motion due to egregious, contemptuous, illegal, and outrageous actions of Debtor, Ortiz and Cepeda attempting to flagrantly and willfully violate bankruptcy law and the orders of this Court.
7. The delay in the foreclosure of the Property has caused additional delays in the related case of Anchor Development Group, LLC.
Until the Property is foreclosed upon, the final administration of Anchor Development Group, LLC’s Chapter 7 case cannot be concluded.
As such, Texas Funding requests expedited relief prior to noon on May 7, 2024 so that it may comply with the required statutory deadlines in the Texas Property Code § 51.001 and complete the foreclosure sale as previously ordered.
III. JURISDICTION
8. On March 5, 2024, Debtor 7502 Harrisburg, LLC (“Debtor”) filed a voluntary petition under Chapter 11 of the Bankruptcy Code.
This case is currently a Chapter 11 proceeding and has not been previously converted.
9. This Court has jurisdiction of this Motion under 28 USC §§ 157 and 1334 and 11 USC §§ 1112(b) and 105(a).
IV. BACKGROUND and FACTS
10. This Court is extensively aware of the background and facts, but in addition to the above, Texas Funding incorporates its previous Motion to Dismiss Debtor’s bankruptcy as filed on March 22, 2024 in Doc 11, including all documents and attachments thereto.
IV. ARGUMENTS
11. Debtor, Ortiz, and Cepeda purportedly agreed on May 6, 2024 to transfer the Property and the business of Debtor from Cepeda to Ortiz, and then to GH Reid.
The attached email sent by Ortiz to the undersigned on May 7, 20024 contains two Summary Sale and Purchase Agreements, one from Cepeda to Ortiz for Debtor, and the second from Ortiz, individually, to GH Reid.
12. Both these supposed agreements are in violation of the bankruptcy law, involve two entities in Chapter 11, were done without any court approval, and were done in direct violation of this Court’s previous orders as to Ortiz and the Property.
13. A Court has the inherent authority to hold parties in contempt and to punish parties for the violation of its orders and the law.
14. Texas Funding now comes to this Court to ask for an order confirming that today’s scheduled foreclosure sale may proceed as previously ordered, that the “the agreements which transferred ownership of Debtor from Sandra Cepeda to Ortiz and then eventually GH Reid is void, a request for sanctions against Ortiz and Cepeda, individually including monetary and attorney’s fees, and a show cause order regarding the contempt of Debtor, Ortiz and Cepeda.
CONCLUSION
WHEREFORE, PREMISES CONSIDERED, Texas Funding respectfully requests that upon consideration of this Motion that Texas Funding be awarded the above requested relief and Texas Funding respectfully requests further relief as this Court deems just and proper.
Dated: May 7, 2024
J D Herberger & Associates, PC
By: /s/ Sean M. Rooney
Sean M. Rooney
State Bar No.: 24058714
sean@herbergerlaw.com
11767 Katy Freeway, Suite 920
Houston, Texas 77079
Telephone: (281) 920-4700
Facsimile: (281) 920-4711
Edgar A. Goldberg, Attorney at Law
Edgar Goldberg
State Bar No.:08075100
edgar@eagoldberglaw.com
6525 Washington Avenue
Houston, Texas 77007
Telephone: (713) 629-5889
Facsimile: (713) 629-5879
ATTORNEYS FOR CREDITOR TEXAS FUNDING CORPORATION
CERTIFICATION
I, Sean M. Rooney, hereby certify that I have read the forgoing motion and to my knowledge all the facts stated therein are true and correct.
/s/ Sean M. Rooney
Sean M. Rooney
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was duly served by the Electronic Case Filing System for the United State Bankruptcy Court for the Southern District of Texas on 7th day of May, 2024.
/s/ Sean M. Rooney
Sean M. Rooney
PlnDue, DsclsDue |
Southern District of Texas (Houston)
Bankruptcy Petition #: 24-31002
| Assigned to: Bankruptcy Judge Christopher M. Lopez Chapter 11 Voluntary Asset
|
|
| Debtor 7502 Harrisburg, LLC 6300 Dixie Dr Houston, TX 77087-5006 HARRIS-TX Tax ID / EIN: 32-0617284 |
represented by | Reese W Baker Baker & Associates 950 Echo Lane Suite 300 Houston, TX 77024 713-869-9200 Fax : 713-869-9100 Email: courtdocs@bakerassociates.net |
| U.S. Trustee US Trustee Office of the US Trustee 515 Rusk Ave Ste 3516 Houston, TX 77002 713-718-4650 |
represented by | Hector Duran, Jr U.S. Trustee 515 Rusk Ste 3516 Houston, Tx 77002 7137184650 Email: Hector.Duran.Jr@usdoj.gov |
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 04/05/2024 | 15 (3 pgs) |
Witness List, Exhibit List (Filed By Texas Funding Corporation ).(Related document(s):11 Emergency Motion, Motion to Dismiss Case, Motion to Convert Case from Chapter 11 to Chapter 7) (Rooney, Sean) (Entered: 04/05/2024) | |
| 04/05/2024 | 16 (3 pgs) |
Objection (related document(s):11 Emergency Motion, Motion to Dismiss Case, Motion to Convert Case from Chapter 11 to Chapter 7). Filed by 7502 Harrisburg, LLC (Baker, Reese) (Entered: 04/05/2024) | |
| 04/05/2024 | 17 (142 pgs; 10 docs) |
Exhibit List (Filed By 7502 Harrisburg, LLC ).(Related document(s):11 Emergency Motion, Motion to Dismiss Case, Motion to Convert Case from Chapter 11 to Chapter 7) (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 6 # 6 Exhibit 7 # 7 Exhibit 8 # 8 Exhibit 9 # 9 Exhibit 10) (Baker, Reese) (Entered: 04/05/2024) | |
| 04/08/2024 | 18 (2 pgs) |
Notice of Inability to Appoint Creditors’ Committee by the United States Trustee (Duran, Hector) (Entered: 04/08/2024) | |
| 04/09/2024 | 19 (1 pg) |
April 9, 2024 Hearing Order (Related Doc # 11). Signed on 4/9/2024. (zac4) (Entered: 04/09/2024) | |
| 04/11/2024 | 20 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):19 Order on Motion to Dismiss Case) No. of Notices: 8. Notice Date 04/11/2024. (Admin.) (Entered: 04/11/2024) | |
| 04/29/2024 | 21 (3 pgs) |
Order Authorizing Employment of Reese W. Baker and Baker & Associates (Related Doc # 13). Signed on 4/29/2024. (zac4) (Entered: 04/29/2024) | |
| 05/01/2024 | 22 (5 pgs) |
BNC Certificate of Mailing. (Related document(s):21 Order on Application to Employ) No. of Notices: 2. Notice Date 05/01/2024. (Admin.) (Entered: 05/01/2024) | |
| 05/07/2024 | 23 (10 pgs; 4 docs) |
Ex Parte Motion For Sanctions for Other Reason. Objections/Request for Hearing Due in 21 days., in addition to Motion For Contempt. Objections/Request for Hearing Due in 21 days. Filed by Creditor Texas Funding Corporation (Attachments: # 1 Exhibit Email from Ortiz to Rooney # 2 Exhibit Sale of Debtor to Ortiz # 3 Exhibit Sale of Debtor to GH Reid) (Rooney, Sean) (Entered: 05/07/2024) | |
| 05/07/2024 | 24 (10 pgs; 4 docs) |
Emergency Motion to Show Cause, Sanctions, and Order Confirming Foreclosure Sale Filed by Creditor Texas Funding Corporation (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit) (Rooney, Sean) (Entered: 05/07/2024) | |
| 05/07/2024 | 25 (1 pg) |
Proposed Order RE: Emergency Motion (Filed By Texas Funding Corporation ).(Related document(s):23 Motion for Sanctions, Motion for Contempt, 24 Emergency Motion) (Rooney, Sean) (Entered: 05/07/2024) | |
| 05/07/2024 | 26 (1 pg) |
Order Confirming Foreclosure Sale and Ordering Appearance of Albert Ortiz (Related Doc # 24). Signed on 5/7/2024. (zac4) (Entered: 05/07/2024) | |
| 05/08/2024 | 27 (1 pg) |
Order Setting Hearing (Related document: 26 Order on Emergency Motion). Hearing scheduled for 5/16/2024 at 09:00 AM at Houston, Courtroom 401 (CML). Signed on 5/8/2024. (zac4) (Entered: 05/08/2024) | |
| 05/08/2024 | 28 (3 pgs; 2 docs) |
Notice of Order Setting Hearing. (Related document(s):27 Order Setting Hearing) Filed by Texas Funding Corporation (Attachments: # 1 Order Setting Hearing) (Rooney, Sean) (Entered: 05/08/2024) | |
| 05/09/2024 | 29 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):26 Order on Emergency Motion) No. of Notices: 2. Notice Date 05/09/2024. (Admin.) (Entered: 05/09/2024) | |
| 05/10/2024 | 30 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):27 Order Setting Hearing) No. of Notices: 2. Notice Date 05/10/2024. (Admin.) (Entered: 05/10/2024) | |
| 05/13/2024 | 31 (4 pgs) |
Objection and Request/Motion to Extend Time to respond and/or motion for continuance of sanctions hearing Filed by Interested Party Albert Ortiz (cmk4) Modified on 5/13/2024 (ChrisKrus). (Entered: 05/13/2024) | |
| 05/14/2024 | 32 (1 pg) |
Order Denying Request for Extension of Time or Continuance (Related Doc # 31). Signed on 5/14/2024. (zac4) (Entered: 05/14/2024) | |
| 05/14/2024 | 33 (11 pgs) |
Brief (Filed By Texas Funding Corporation ).(Related document(s):26 Order on Emergency Motion) (Rooney, Sean) (Entered: 05/14/2024) | |
| 05/14/2024 | 34 (44 pgs; 17 docs) |
Exhibit List, Witness List (Filed By Texas Funding Corporation ).(Related document(s):26 Order on Emergency Motion) (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 5a # 7 Exhibit 6 # 8 Exhibit 7 # 9 Exhibit 8 # 10 Exhibit 9 # 11 Exhibit 10 # 12 Exhibit 11 # 13 Exhibit 12 # 14 Exhibit 13 # 15 Exhibit 15 # 16 Exhibit 16) (Rooney, Sean) (Entered: 05/14/2024) | |
| 05/15/2024 | 35 (40 pgs) |
Response by Albert Ortiz (Related document(s):23 Motion for Sanctions, Motion for Contempt) (srh4) (Entered: 05/15/2024) | |
| 05/15/2024 | 36 (142 pgs; 10 docs) |
Exhibit List, Witness List (Filed By Albert Ortiz ).(Related document(s):26 Order on Emergency Motion) (Attachments: # 1 Exhibit 1 Declaration of Albert Ortiz # 2 Exhibit 2 Agreement for Chief Restructuring Officer # 3 Exhibit 3 Order from State Court # 4 Exhibit 4 Order dissolving injunction # 5 Exhibit 5 Letter from Rooney to DeLaRue Jan 24 2024 # 6 Exhibit 6 Transcript # 7 Exhibit 7 Insurance # 8 Exhibit 8 Payment for insurance # 9 Exhibit 9 Appraisal) (Baker, Reese) (Entered: 05/15/2024) | |
| 05/16/2024 | 37 (1 pg) |
May 16, 2024 Order. Signed on 5/16/2024. (rgs4) (Entered: 05/16/2024) | |
| 05/16/2024 | 38 (1 pg) |
Order to File Unredacted Agreements on the Docket. Signed on 5/16/2024. (rgs4) (Entered: 05/16/2024) | |
| 05/16/2024 | 39 (1 pg) |
Show Cause Order for Albert Ortiz and Sandra Cepeda. Show Cause hearing to be held on 5/23/2024 at 02:00 PM at Houston, Courtroom 401 (CML). Signed on 5/16/2024. (rgs4) (Entered: 05/16/2024) | |
| 05/16/2024 | 40 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):32 Order on Motion to Extend Time) No. of Notices: 3. Notice Date 05/16/2024. (Admin.) (Entered: 05/16/2024) | |
| 05/18/2024 | 41 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):37 Generic Order) No. of Notices: 3. Notice Date 05/18/2024. (Admin.) (Entered: 05/18/2024) | |
| 05/18/2024 | 42 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):38 Generic Order) No. of Notices: 3. Notice Date 05/18/2024. (Admin.) (Entered: 05/18/2024) | |
| 05/18/2024 | 43 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):39 Order to Show Cause) No. of Notices: 3. Notice Date 05/18/2024. (Admin.) (Entered: 05/18/2024) | |
| 05/22/2024 | 44 (184 pgs; 26 docs) |
Witness List, Exhibit List (Filed By Texas Funding Corporation ).(Related document(s):26 Order on Emergency Motion) (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 5a # 7 Exhibit 6 # 8 Exhibit 7 # 9 Exhibit 8 # 10 Exhibit 9 # 11 Exhibit 10 # 12 Exhibit 11 # 13 Exhibit 12 # 14 Exhibit 13 # 15 Exhibit 14 # 16 Exhibit 15 # 17 Exhibit 16 # 18 Exhibit 17 # 19 Exhibit 18 # 20 Exhibit 19 # 21 Exhibit 20 # 22 Exhibit 21 # 23 Exhibit 22 # 24 Exhibit 23 # 25 Exhibit 24) (Rooney, Sean) (Entered: 05/22/2024) | |
| 05/22/2024 | 45 (2 pgs) |
Exhibit List (Filed By 7502 Harrisburg, LLC ).(Related document(s):39 Order to Show Cause) (Baker, Reese) (Entered: 05/22/2024) | |
| 05/22/2024 | 46 (2 pgs) |
Exhibit List (Filed By 7502 Harrisburg, LLC ). (Baker, Reese) (Entered: 05/22/2024) | |
| 05/24/2024 | 47 (5 pgs; 2 docs) |
Notice of Filing of Fee Statement. Filed by Texas Funding Corporation (Attachments: # 1 Fee Statement Goldberg) (Rooney, Sean) (Entered: 05/24/2024) | |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/20/2024 09:41:42 |
America’s Most Dangerous Branch – The Judiciary – Behavin’ Like #Hitler https://t.co/v1BwWZOtFP pic.twitter.com/q1MxtHCH37
— lawsinusa (@lawsinusa) August 15, 2024
DEC 5, 2023 | REPUBLISHED BY LIT: AUG 20, 2024
AUG 20, 2024
Above is the date LIT Last updated this article.
Date terminated: 08/08/2024
Courtroom Minutes. Time Hearing Held: 11:00. Appearances: Edgar Goldberg and Sean Rooney for Texas Funding, Ha Nguyen for the US Trustee, and Albert Ortiz for self/ pro se debtor.
(Related document(s):6 Emergency Motion to Dismiss, 8 Motion to Expedite Hearing)
Debtor is still unrepresented by counsel. Relief requested is granted. Case is Dismissed.
The Court will sign the proposed order. (TraceyConrad) (Entered: 12/12/2023)
DISMISSED, CLOSED |
Southern District of Texas (Houston)
Bankruptcy Petition #: 23-34813
| Assigned to: Bankruptcy Judge Jeffrey P Norman Chapter 11 Voluntary AssetDebtor disposition: Dismissed for Other Reason |
|
| Debtor 7502 Harrisburg LLC 8418 Kirkville Drive Houston, TX 77089 HARRIS-TX SSN / ITIN: xxx-xx-7284 |
represented by | 7502 Harrisburg LLC PRO SE |
| U.S. Trustee US Trustee Office of the US Trustee 515 Rusk Ave Ste 3516 Houston, TX 77002 713-718-4650 |
represented by | Ha Minh Nguyen Office of the United States Trustee 515 Rusk St Ste 3516 Houston, TX 77002 202-590-7962 Email: ha.nguyen@usdoj.gov |
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 12/05/2023 | 21 | Receipt of Chapter 11 Filing Fee – $1,738.00 by SH. Receipt Number 40000427. (ADIuser) (Entered: 12/12/2023) | |
| 12/11/2023 | 18 (17 pgs; 6 docs) |
Exhibit List, Witness List (Filed By US Trustee ).(Related document(s):6 Emergency Motion) (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5) (Nguyen, Ha) (Entered: 12/11/2023) | |
| 12/12/2023 | 19 | Courtroom Minutes. Time Hearing Held: 11:00. Appearances: Edgar Goldberg and Sean Rooney for Texas Funding, Ha Nguyen for the US Trustee, and Albert Ortiz for self/ pro se debtor. (Related document(s):6 Emergency Motion to Dismiss, 8 Motion to Expedite Hearing) Debtor is still unrepresented by counsel. Relief requested is granted. Case is Dismissed. The Court will sign the proposed order. (TraceyConrad) (Entered: 12/12/2023) | |
| 12/12/2023 | 20 (1 pg) |
 PDF with attached Audio File. Court Date & Time [ 12/12/2023 10:58:23 AM ]. File Size [ 3048 KB ]. Run Time [ 00:06:21 ]. (admin). (Entered: 12/12/2023) |
|
| 12/12/2023 | 22 (1 pg) |
Order Granting Emergency Motion of the United States Trustee to Dismiss Case (Related Doc # 6) Signed on 12/12/2023. (TraceyConrad) (Entered: 12/12/2023) | |
| 12/14/2023 | 23 (2 pgs) |
BNC Certificate of Mailing. (Related document(s):22 Order on Emergency Motion) No. of Notices: 2. Notice Date 12/14/2023. (Admin.) (Entered: 12/14/2023) | |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/20/2024 09:22:19 |
STOP THIEVIN’ CITIZENS HOMESTEADS
Bandit Thievin’ Lawyer Shelley Hopkins response in this case is frivolous. Texas law is clear. Any and all attempts to foreclosure are time-barred. But she keeps on lyin’ and the judiciary keep on circlin’ the wagons. https://t.co/1h0iD5VBqW pic.twitter.com/5rn5lsdkxf— lawsinusa (@lawsinusa) August 13, 2024
Anchor Development Group LLC and 7502 Harrisburg LLC
(22-60051)
United States Bankruptcy Court, S.D. Texas
AUG 29, 2022 | REPUBLISHED BY LIT: AUG 20, 2024
AUG 20, 2024
Above is the date LIT Last updated this article.
AGREED ORDER GRANTING AMENDED MOTION FOR RELIEF FROM AUTOMATIC STAY AS TO REAL PROPERTY LOCATED AT 123 S. 75TH STREET, HOUSTON, TEXAS 77011 “CHURCH PROPERTY”
NOTICE TO COURT OF FILING BANKRUPTCY 7502 HARRISBURG, LLC
TO THE HONORABLE JUDGE CHRISTOPHER M. LOPEZ:
PLEASE TAKE NOTICE THAT 7502 Harrisburg, LLC. once again filed bankruptcy to stop the foreclosure of the Church Property. The case number 24-31002.
On January 31, 2024, Albert Ortiz on behalf of 7502 Harrisburg, LLC filed its Emergency Motion for an Order to Lift Stay on its property (“Church Property”).
After hearing the matter and noting that the Court had previously lifted the stay on the property, this Court entered an Order dck #75 allowing Texas Funding Corporation to again post the Church Property for February foreclosure with the specific instruction to counsel that the Court be notified if 7502 Harrisburg LLC filed bankruptcy again1 prior to foreclosure of the Church Property to stop the foreclosure.
Dated: March 7, 2024
1 (case number 23-34813 filed December 6, 2023 dismissed Dec 12, 2023)
/s/Edgar Goldberg Edgar A. Goldberg State Bar No.:08075100
edgar@eagoldberglaw.com
6525 Washington Avenue
Houston, Texas 77007
Telephone: (713) 629-5889
Facsimile: (713) 629-5879
ATTORNEY FOR TEXAS FUNDING CORPORATION
J D Herberger & Associates, PC
Sean M. Rooney
State Bar No.: 24058714
sean@herbergerlaw.com
11767 Katy Freeway, Suite 920
Houston, Texas 77079
Telephone: (281) 920-4700
Facsimile: (281) 920-4711
ATTORNEYS FOR CREDITOR
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was duly served by the Electronic Case Filing System for the United State Bankruptcy Court for the Southern District of Texas on March 7, 2024.
/s/ Edgar A.Goldberg
Edgar A. Goldberg
Southern District of Texas (Victoria)
Bankruptcy Petition #: 22-60051
| Assigned to: Bankruptcy Judge Christopher M. Lopez Chapter 7 Voluntary Asset
|
|
| Debtor Anchor Development Group LLC 6300 Dixie Drive Houston, TX 77087 HARRIS-TX Tax ID / EIN: 37-1792509 |
represented by | Michael Chalan Donovan Attorney at Law 6300 Dixie Dr Houston, TX 77087 713-956-4043 Email: mdonovanesq@yahoo.comRichard L Fuqua, II Fuqua & Associates, PC 8558 Katy Freeway Suite 119 Houston, TX 77024 713-960-0277 Email: rlfuqua@fuqualegal.com |
| Trustee Christopher R Murray Jones Murray LLP 602 Sawyer St Ste 400 Houston, TX 77007 832-529-1999 |
||
| U.S. Trustee US Trustee Office of the US Trustee 515 Rusk Ave Ste 3516 Houston, TX 77002 713-718-4650 |
||
| 3rd Party Plaintiff 7502 Harrisburg LLC |
represented by | Erick Joseph DeLaRue Attorney at Law 2800 Post Oak Blvd Ste 4100 Houston, TX 77056 713-899-6727 Email: Erick.delarue@delaruelaw.com |
| Respondent Sandra Cepeda c/o Walker & Patterson, PC P.O. Box 61301 Houston, TX 77208 |
represented by | Miriam Goott Walker & Patterson, PC PO Box 61301 Houston, TX 77208 713-956-5577 Fax : 713-956-5570 Email: mgoott@walkerandpatterson.com |
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 09/01/2023 | 44 (55 pgs; 7 docs) |
Motion for Relief from Stay on Real Property on 7502 and 7510 Harrisburg. Fee Amount $188. Filed by Creditor Texas Funding Corporation Hearing scheduled for 10/19/2023 at 01:00 PM at Houston, Courtroom 401 (CML). (Attachments: # 1 Exhibit Exhibt 1 Promissory Note # 2 Exhibit Exhibit 2 DEed of Trust # 3 Exhibit Exhibit 3 Recorded Deed # 4 Exhibit Exhbit 4 Payment history # 5 Exhibit Exhbit 5 Payoff Statement # 6 Proposed Order Proposed Order) (Goldberg, Edgar) (Entered: 09/01/2023) | |
| 09/20/2023 | 45 (29 pgs; 6 docs) |
Motion for Relief from Stay as to 123 S 75th St. Fee Amount $188. Filed by Creditor Texas Funding Corporation Hearing scheduled for 10/19/2023 at 01:00 PM at Houston, Courtroom 401 (CML). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Proposed Order for Relief from Stay as to 123 S 75th St) (Rooney, Sean) (Entered: 09/20/2023) | |
| 09/29/2023 | 46 (26 pgs; 2 docs) |
Motion for Relief from Stay 123 S. 75th Street, Houston, Texas 77011. Fee Amount $188. Filed by Creditor Panacea Fund I, LLC Hearing scheduled for 12/7/2023 at 01:00 PM at Houston, Courtroom 401 (CML). (Attachments: # 1 Certificate of Service) (Spector, Howard) (Entered: 09/29/2023) | |
| 10/02/2023 | 47 (6 pgs) |
Notice of Amended Exhibit. (Related document(s):46 Motion for Relief From Stay) Filed by Panacea Fund I, LLC (Spector, Howard) (Entered: 10/02/2023) | |
| 10/17/2023 | 48 (4 pgs) |
Exhibit List, Witness List (Filed By Texas Funding Corporation ).(Related document(s):44 Motion for Relief From Stay, 45 Motion for Relief From Stay) (Rooney, Sean) (Entered: 10/17/2023) | |
| 10/19/2023 | 49 (2 pgs) |
Order For Relief From Automatic Stay as to Real Property Located at 123 S. 75th Street (Related Doc 45). Signed on 10/19/2023. (RosarioSaldana) (Entered: 10/19/2023) | |
| 10/19/2023 | 50 (1 pg) |
Order For Relief From Automatic Stay as to Real Property (Related Doc # 44). Signed on 10/19/2023. (RosarioSaldana) (Entered: 10/19/2023) | |
| 10/21/2023 | 51 (4 pgs) |
BNC Certificate of Mailing. (Related document(s):49 Order on Motion For Relief From Stay) No. of Notices: 6. Notice Date 10/21/2023. (Admin.) (Entered: 10/21/2023) | |
| 10/21/2023 | 52 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):50 Order on Motion For Relief From Stay) No. of Notices: 6. Notice Date 10/21/2023. (Admin.) (Entered: 10/21/2023) | |
| 11/01/2023 | 53 (1 pg) |
Notice of Proposed Abandonment: The chapter 7 trustee in this case has submitted a Report of No Distribution, and proposes to abandon all property of the estate scheduled by the Debtor(s) pursuant to FED. R. BANKR. P. 6007(a). Any party in interest may file and serve an objection within 14 days of the sending of this Notice. If no timely objection is filed, all scheduled assets will be abandoned without the necessity of further Court order. If a timely objection is filed, the proposed abandonment will not occur until the Court rules on the proposed abandonment. (ADI User) (Entered: 11/01/2023) | |
| 11/03/2023 | 54 (4 pgs) |
Response/Objection Filed by Texas Funding Corporation. (Related document(s):53 Notice of Proposed Abandonment (FORMS)) (Rooney, Sean) (Entered: 11/03/2023) | |
| 11/03/2023 | 55 (14 pgs; 2 docs) |
Notice of Potential Violation of 11 USC 521 and 18 USC 152 and 1519. Filed by Texas Funding Corporation (Attachments: # 1 Exhibit 1 – Second Deed of Trust) (Rooney, Sean) (Entered: 11/03/2023) | |
| 11/03/2023 | 56 (4 pgs) |
BNC Certificate of Mailing. (Related document(s):53 Notice of Proposed Abandonment (FORMS)) No. of Notices: 20. Notice Date 11/03/2023. (Admin.) (Entered: 11/03/2023) | |
| 12/01/2023 | 57 (17 pgs; 2 docs) |
Response to Panacea Fund I, LLC’s Motion For Relief. Filed by Texas Funding Corporation (Attachments: # 1 Exhibit real property records) (Goldberg, Edgar) (Entered: 12/01/2023) | |
| 12/06/2023 | 58 (1 pg) |
Withdrawal of Claim: 12 (Donovan, Michael) (Entered: 12/06/2023) | |
| 01/04/2024 | 59 (30 pgs; 7 docs) |
Emergency Motion , Motion for Relief from Stay as to 123 S. 75th Street. Fee Amount $199. Filed by Creditor Texas Funding Corporation (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Proposed Order for Relief from Automatic Stay) (Rooney, Sean) (Entered: 01/04/2024) | |
| 01/10/2024 | 60 (5 pgs) |
Response to Creditor Texas Funding Corporation’s Emergency Motion for Relief from Automatic Stay Regarding Property Located at 123 S. 75th Street (related document(s):59 Emergency Motion, Motion for Relief From Stay). Filed by Albert Ortiz (FrancesCarbia) (Entered: 01/10/2024) | |
| 01/11/2024 | 61 (5 pgs) |
Reply of Texas Funding to 60 Ortiz’s Response Regarding Emergency Motion to Lift Stay (related document(s):59 Emergency Motion, Motion for Relief From Stay). Filed by Texas Funding Corporation (Rooney, Sean) Modified on 1/11/2024 (RhondaMooreKonieczny). (Entered: 01/11/2024) | |
| 01/19/2024 | 62 (2 pgs) |
Notice of Hearing. (Related document(s):59 Emergency Motion, Motion for Relief From Stay) Filed by Texas Funding Corporation (Rooney, Sean) (Entered: 01/19/2024) | |
| 01/19/2024 | 63 (4 pgs) |
Exhibit List, Witness List (Filed By Texas Funding Corporation ).(Related document(s):59 Emergency Motion, Motion for Relief From Stay) (Rooney, Sean) (Entered: 01/19/2024) | |
| 01/19/2024 | 64 (4 pgs) |
Witness List, Exhibit List (Filed By Texas Funding Corporation ).(Related document(s):59 Emergency Motion, Motion for Relief From Stay) (Rooney, Sean) (Entered: 01/19/2024) | |
| 01/22/2024 | 65 (2 pgs) |
Proposed Order RE: (Filed By Texas Funding Corporation ).(Related document(s):59 Emergency Motion, Motion for Relief From Stay) (Rooney, Sean) (Entered: 01/22/2024) | |
| 01/22/2024 | 66 (52 pgs) |
Reply (related document(s):61 Reply filed by Creditor Texas Funding Corporation. Filed by Albert Ortiz (TerriHanniable). (Entered: 01/22/2024) | |
| 01/22/2024 | 67 (2 pgs) |
Emergency Order For Relief From Automatic Stay (Related Doc # 59). Signed on 1/22/2024. (ZildeCompean) (Entered: 01/22/2024) | |
| 01/24/2024 | 68 (8 pgs) |
Adversary case 24-06004. Nature of Suit: (72 (Injunctive relief – other)),(14 (Recovery of money/property – other)) Notice of Removal 7502 Harrisburg LLC. Fee Amount $350 (Rooney, Sean) (Entered: 01/24/2024) | |
| 01/24/2024 | 69 (4 pgs) |
BNC Certificate of Mailing. (Related document(s):67 Order on Emergency Motion) No. of Notices: 6. Notice Date 01/24/2024. (Admin.) (Entered: 01/24/2024) | |
| 01/30/2024 | 70 (10 pgs; 3 docs) |
Motion for Temporary Restraining Order . Filed by 3rd Party Plaintiff 7502 Harrisburg LLC (Attachments: # 1 Exhibit ex 1 # 2 Proposed Order order) (DeLaRue, Erick) (Entered: 01/30/2024) | |
| 01/30/2024 | 71 (6 pgs) |
Response and Objection to Doc 70 (related document(s):70 Motion for Temporary Restraining Order). Filed by Texas Funding Corporation (Rooney, Sean) (Entered: 01/30/2024) | |
| 01/30/2024 | 72 (11 pgs; 3 docs) |
Exhibit List, Witness List (Filed By Texas Funding Corporation ).(Related document(s):70 Motion for Temporary Restraining Order) (Attachments: # 1 Exhibit Verification of Mortgage # 2 Exhibit 7502 Harrisburg Payoff January 2, 2024) (Rooney, Sean) (Entered: 01/30/2024) | |
| 01/31/2024 | 73 (2 pgs) |
Notice OF ORAL HEARING. Filed by 7502 Harrisburg LLC (DeLaRue, Erick) (Entered: 01/31/2024) | |
| 01/31/2024 | 74 (7 pgs) |
Emergency Motion for entry of an order for relief from automatic stay Filed by Creditor Albert Ortiz (HortenciaLerma) (Entered: 01/31/2024) | |
| 01/31/2024 | 75 (1 pg) |
January 31, 2024 Hearing Order. Signed on 1/31/2024. (RosarioSaldana) (Entered: 01/31/2024) | |
| 01/31/2024 | 76 | Courtroom Minutes. Time Hearing Held: 2:00 PM. Appearances: Edgar Goldberg, Sean Rooney, Erick DeLaRue, Erin Jones. (Related document: 70 Motion for Temporary Restraining Order). Hearing held. Comments made by parties. Court to issue an Order. (ZildeCompean) (Entered: 01/31/2024) | |
| 02/01/2024 | 77 | Receipt of Sale of Property – $199.00 by HL. Receipt Number 40000549. (ADIuser) (Entered: 02/02/2024) | |
| 02/02/2024 | 78 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):75 Generic Order) No. of Notices: 6. Notice Date 02/02/2024. (Admin.) (Entered: 02/02/2024) | |
| 02/07/2024 | 79 (2 pgs) |
Notice of Hearing. Hearing on 74 Emergency Motion set on 2/12/2024 at 10:00 AM at Houston, Courtroom 401, filed by Albert Ortiz (GabrielleClair) (Entered: 02/07/2024) | |
| 02/08/2024 | 80 (22 pgs; 5 docs) |
Amended Motion for Relief from Stay Against Real Property (related document(s):46 Motion for Relief From Stay). Filed by Creditor Panacea Fund I, LLC Hearing scheduled for 2/20/2024 at 10:00 AM at Houston, Courtroom 401 (CML). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Complaint 3 # 4 Proposed Order) (Spector, Howard) (Entered: 02/08/2024) | |
| 02/09/2024 | 81 (4 pgs) |
BNC Certificate of Mailing. (Related document(s):79 Notice of Hearing) No. of Notices: 6. Notice Date 02/09/2024. (Admin.) (Entered: 02/09/2024) | |
| 03/07/2024 | 82 (2 pgs) |
Notice of 7502 Harrisburg LLC bankruptcy filing. Filed by Texas Funding Corporation (Goldberg, Edgar) (Entered: 03/07/2024) | |
| 05/20/2024 | 83 (2 pgs) |
Proposed Order RE: Agreed Order Granting Amended Motion for Relief from Automatic Stay Against Real Property Located at 123 S. 75th Street, Houston, TX (Filed By Panacea Fund I, LLC ).(Related document(s):80 Amended Motion for Relief From Stay) (Spector, Howard) (Entered: 05/20/2024) | |
| 05/20/2024 | 84 (2 pgs) |
Agreed Order Granting Amended Motion For Relief From Automatic Stay as to Real Property Located at 123 S. 75th Street, Houston, Texas 77011 (Related Doc # 80). Signed on 5/20/2024. (rgs4) (Entered: 05/20/2024) | |
| 05/22/2024 | 85 (4 pgs) |
BNC Certificate of Mailing. (Related document(s):84 Order on Motion For Relief From Stay) No. of Notices: 6. Notice Date 05/22/2024. (Admin.) (Entered: 05/22/2024) | |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/20/2024 08:24:19 |
Judge Hanen still searchin’ for Larry…he’s gone to the Gold Coast, judge, did Bandit lawyer Erick DeLaRogue not tell you when he packed his bags? https://t.co/Sb39YBcmbo
— lawsinusa (@lawsinusa) August 14, 2024
Garcia De Los Salmones v. Anchor Development Group LLC
(22-06061)
United States Bankruptcy Court, S.D. Texas
NOV 22, 2022 | REPUBLISHED BY LIT: AUG 20, 2024
AUG 20, 2024
Above is the date LIT Last updated this article.
Copy of January 31, 2024 Hearing Order Entered in Main Case #22-60051,
consolidating adv. cases 22-06061 and 24-06004.
Signed on 1/31/2024. (RosarioSaldana) (Entered: 01/31/2024)
Southern District of Texas (Victoria)
Adversary Proceeding #: 22-06061
| Assigned to: Bankruptcy Judge Christopher M. Lopez Lead BK Case: 22-60051 Lead BK Title: Anchor Development Group LLC and 7502 Harrisburg LLC Lead BK Chapter: 7 Demand: |
Date Filed: 11/22/22 Date Removed From State: 11/22/22 |
| Nature[s] of Suit: | 01 | Determination of removed claim or cause |
Plaintiff ———————– Ana Josefa Garcia De Los Salmones, as Trustee of F.E.F.Y. |
represented by |
Robert D Clements, Jr
|
| V. | ||
Defendant ———————– Anchor Development Group LLC 6300 Dixie Drive Houston, TX 77087 Tax ID / EIN: 37-1792509 |
represented by |
Michael Chalan Donovan
|
Defendant ———————– G.H. Reid Enterprises LLC |
represented by |
Gary Block
|
Defendant ———————– Texas Funding Corporation TERMINATED: 09/22/2023 |
represented by |
Sean Michael Rooney
|
Defendant ———————– Albert Ortiz 6300 Dixie Dr Houston, TX 77087 713-922-8115 |
represented by |
Albert Ortiz
|
Defendant ———————– Sandra Cepeda 8418 Kirkville Dr Houston, TX 77089 |
represented by |
Sandra Cepeda
|
Defendant ———————– 7502 Harrisburg LLC |
represented by |
7502 Harrisburg LLC
|
Defendant ———————– Michael Donovan 6300 Dixie Dr Houston, TX 77087 713-956-4043 |
represented by |
Michael Donovan
|
Defendant ———————– Marilyn Vilandos 3310 Bridgeberry Houston, TX 77082 713-255-9990 |
represented by |
Marilyn Vilandos
|
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 11/22/2022 | 1 (6 pgs) |
Adversary case 22-06061. Nature of Suit: (01 (Determination of removed claim or cause)) Notice of Removal Ana filed by Albert Ortiz. Receipt Number O, Fee Amount $350 (ckrus) (Entered: 11/22/2022) | |
| 01/03/2023 | 2 (4 pgs) |
Statement on Removal (Filed By Texas Funding Corporation ). (Rooney, Sean) (Entered: 01/03/2023) | |
| 01/03/2023 | 3 (492 pgs; 28 docs) |
Statement Appendix 1 (Filed By Texas Funding Corporation ).(Related document(s):2 Statement) (Attachments: # 1 Appendix Document 1 # 2 Appendix Document 2 # 3 Appendix Document 3 # 4 Appendix Document 4 # 5 Appendix Document 5 # 6 Appendix Document 6 # 7 Appendix Document 7 # 8 Appendix Document 8 # 9 Appendix Document 9 # 10 Appendix Document 10 # 11 Appendix Document 11 # 12 Appendix Document 12 # 13 Appendix Document 13 # 14 Appendix Document 14 # 15 Appendix Document 15 # 16 Appendix Document 16 # 17 Appendix Document 17 # 18 Appendix Document 18 # 19 Appendix Document 19 # 20 Appendix Document 20 # 21 Appendix Document 21 # 22 Appendix Document 22 # 23 Appendix Document 23 # 24 Appendix Document 24 # 25 Appendix Document 25 # 26 Appendix Document 26 # 27 Appendix Document 27) (Rooney, Sean) (Entered: 01/03/2023) | |
| 06/22/2023 | 4 (6 pgs; 2 docs) |
Joint Motion to Dismiss Party . Objections/Request for Hearing Due in 21 days. Filed by Texas Funding Corporation (Attachments: # 1 Proposed Order) (Rooney, Sean) (Entered: 06/22/2023) | |
| 06/22/2023 | 5 (6 pgs; 2 docs) |
Motion to Dissolve Temporary Injunction Filed by Texas Funding Corporation (Attachments: # 1 Proposed Order) (Rooney, Sean) (Entered: 06/22/2023) | |
| 09/06/2023 | 6 (3 pgs) |
Notice of Hearing on Motion to Dissolve Temporary Injunction. (Related document(s):5 Generic Motion) Filed by Texas Funding Corporation (Rooney, Sean) (Entered: 09/06/2023) | |
| 09/06/2023 | 7 (3 pgs) |
Amended Notice of Hearing on Motion to Dissolve Temporary Injunction and Hearing on Notice of Partial Dismissal. (Related document(s):4 Motion to Dismiss Party, 5 Generic Motion) Filed by Texas Funding Corporation (Rooney, Sean) (Entered: 09/06/2023) | |
| 09/19/2023 | 8 (51 pgs; 6 docs) |
Exhibit List (Filed By Texas Funding Corporation ).(Related document(s):4 Motion to Dismiss Party, 5 Generic Motion) (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5) (Rooney, Sean) (Entered: 09/19/2023) | |
| 09/22/2023 | 9 (2 pgs) |
Order of Partial Dismissal (Related Doc # 4). Signed on 9/22/2023. (RosarioSaldana) (Entered: 09/22/2023) | |
| 09/22/2023 | 10 (1 pg) |
Order Dissolving Temporary Injunction (Related Doc # 5). Signed on 9/22/2023. (RosarioSaldana) (Entered: 09/22/2023) | |
| 09/24/2023 | 11 (4 pgs) |
BNC Certificate of Mailing. (Related document(s):9 Order on Motion to Dismiss Party) No. of Notices: 6. Notice Date 09/24/2023. (Admin.) (Entered: 09/24/2023) | |
| 09/24/2023 | 12 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):10 Generic Order) No. of Notices: 7. Notice Date 09/24/2023. (Admin.) (Entered: 09/24/2023) | |
| 01/31/2024 | 13 (1 pg) |
Copy of January 31, 2024 Hearing Order Entered in Main Case #22-60051, consolidating adv. cases 22-06061 and 24-06004. Signed on 1/31/2024. (RosarioSaldana) (Entered: 01/31/2024) | |
| 02/02/2024 | 14 (3 pgs) |
BNC Certificate of Mailing. (Related document(s):13 Generic Order) No. of Notices: 7. Notice Date 02/02/2024. (Admin.) (Entered: 02/02/2024) | |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/20/2024 09:01:42 |
Attorney Erick Joseph Delarue Plays the Arabian Name Game with Equestrian Stacey Mlak
Wells Fargo filed for an expedited foreclosure in July. The default hearing is set for Oct. 15, 2024. Delarue commenced new proceedings.
Federal Court Bailouts: The Troubling Connection Between PHH Mortgage Corp. and Judicial Corruption
The Southern District of Texas Houston Division’s Federal Court Scandals mount as this case presents a further example of Judicial Activism.
Maliciously Contrived Federal Court Decision Paves Way for Continued Homestead Theft in Texas
US District and Fifth Circuit Judges Defy Centuries of Texas Law in Conspiratorial Opinions Targeting Homeowners and Illegal Home Seizures.
