Brian McCarley (Executor of Estate, Living Trust of Homestead)
v. American Advisors Group Celink Reverse Mortgage Funding (RMF)
(4:22-cv-00521)
District Court, E.D. Texas
JUN 22, 2022 | REPUBLISHED BY LIT: JUN 24, 2022
July 18: Case stay DENIED re suggestion of bankruptcy case.
U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:22-cv-00521-ALM-KPJ
| Brian McCarley (Executor of Estate, Living Trust of Homestead) et al v. American Advisors Group Celink Reverse Mortgage Funding (RMF) Assigned to: District Judge Amos L. Mazzant, III Referred to: Magistrate Judge Kimberly C Priest Johnson Cause: 28:1331 Fed. Question: Breach of Contract |
Date Filed: 06/22/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/22/2022 | 4 |
***ORIGINALLY FILED IN STATE COURT*** COMPLAINT against American Advisors Group Celink Reverse Mortgage Funding (RMF), filed by Brian McCarley (Executor of Estate, Living Trust of Homestead), Mary Ann McCarley.(rpc, ) (Entered: 06/22/2022) |
| 06/29/2022 | 5 | MOTION to Dismiss and Brief in Support, by American Advisors Group Celink Reverse Mortgage Funding (RMF). (Attachments: # 1 Text of Proposed Order)(Cronenwett, Mark) (Entered: 06/29/2022) |
| 06/30/2022 | 6 | ORDER AND ADVISORY. Signed by District Judge Amos L. Mazzant, III on 6/30/2022. (rpc, ) (Entered: 06/30/2022) |
| 06/30/2022 | 7 | ORDER OF REFERRAL. Pursuant to 28 U.S.C. §636 and the Local Rules of this Court for the Assignment of Matters to Magistrate Judges, the Court hereby REFERS the above-referenced case to the Hon. Kimberly C. Priest Johnson for all pretrial proceedings. Signed by District Judge Amos L. Mazzant, III on 6/30/2022. (rpc, ) (Entered: 06/30/2022) |
| 07/15/2022 | 8 | SUGGESTION OF BANKRUPTCY Upon the Record as to Brian McCarley by American Advisors Group Celink Reverse Mortgage Funding (RMF). (Attachments: # 1 Exhibit)(Cronenwett, Mark) (Entered: 07/15/2022) |
| 07/18/2022 | 9 | ORDER that Defendant’s request for an automatic stay under 11 U.S.C. § 362 is denied. Signed by Magistrate Judge Kimberly C Priest Johnson on 7/18/22. (ljw, ) (Entered: 07/19/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/02/2022 08:02:23 |
Suggestion of Bankruptcy
No movement since Order Referring Case to Magistrate Judge on June 30.
Joshua Carpenter attended BYU and the University of Utah for his undergraduate degrees of Spanish and Political Science.
He is bilingual in Spanish and English, and went to law school in Arlington, VA at George Mason University.
Joshua Carpenter is a former police officer, who started his legal career in Washington DC before moving west to be closer to family.
In 2004, he founded Carpenter & Associates.
For almost 20 years Josh has been the firm managing partner.
During that time, he has fought relentlessly on behalf of the victims of domestic violence, as well as honed his craft of litigation through dozens of trials.
He was lawyer of the year for various domestic violence shelters and legal organizations for 15 straight years, and was frequently interviewed for news programs as an attorney advisor with the Police Department Stalking and Domestic Violence Unit.
Josh has a PhD in child psychology, which he uses every single day in the court system to fight for abused and neglected kids.
Last year Josh’s law firm provided over $250,000 in free legal work for victims of domestic violence, abuse and neglect.
Waking up at 3:30 every morning, Josh works 16 hours per day helping other people in an industry where conflict is high, and appreciation is not.
Josh is also the Staff Judge Advocate for the Texas Military Department State Security Unit, where he is heavily involved in the legalities of State Security.
Josh’s most important role is that of a Father.
He has 7 children with his wife of 22 years, with the oldest in college, and the youngest being a toddler.
He serves as a coach, trainer, and has also been elected to the local School Board. Overall Josh is quick to smile and crack a joke, but fiercely fights for his clients.
U.S. District Court
Eastern District of TEXAS [LIVE] (Sherman)
CIVIL DOCKET FOR CASE #: 4:22-cv-00521-ALM
Create an Alert for This Case on RECAP
| Brian McCarley (Executor of Estate, Living Trust of Homestead) et al v. American Advisors Group Celink Reverse Mortgage Funding (RMF) Assigned to: District Judge Amos L. Mazzant, III Cause: 28:1331 Fed. Question: Breach of Contract |
Date Filed: 06/22/2022 Jury Demand: None Nature of Suit: 290 Real Property: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Brian McCarley (Executor of Estate, Living Trust of Homestead) | represented by | Joshua Lowell Carpenter Carpenter & Associates 101 E. Park Blvd Suite 1150 Plano, TX 75074 972-455-8700 Fax: 972-807-3857 Email: josh@carplawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Mary Ann McCarley | represented by | Joshua Lowell Carpenter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| American Advisors Group Celink Reverse Mortgage Funding (RMF) | represented by | Mark Douglas Cronenwett Mackie Wolf Zientz & Mann, PC – Dallas 14160 North Dallas Parkway Suite 900 Dallas, TX 75254 214/635-2650 Fax: 12146352686 Email: mcronenwett@mwzmlaw.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/22/2022 | 1 | NOTICE OF REMOVAL by American Advisors Group Celink Reverse Mortgage Funding (RMF) from 471st Judicial District of Collin County, Texas, case number 471-00578-2022. (Filing fee $ 402 receipt number ATXEDC-8986225), filed by American Advisors Group Celink Reverse Mortgage Funding (RMF). (Attachments: # 1 Exhibit A, # 2 Exhibit B-B1, # 3 Exhibit B-2, # 4 Exhibit B-3, # 5 Exhibit B-4, # 6 Exhibit B-5, # 7 Exhibit B-6, # 8 Exhibit B-7, # 9 Exhibit C, # 10 Exhibit C-1, # 11 Civil Cover Sheet)(Cronenwett, Mark) (Entered: 06/22/2022) |
| 06/22/2022 | 2 | CORPORATE DISCLOSURE STATEMENT filed by American Advisors Group Celink Reverse Mortgage Funding (RMF) (Cronenwett, Mark) (Entered: 06/22/2022) |
| 06/22/2022 | 3 | RESPONSE to Motion to Reinstate filed by American Advisors Group Celink Reverse Mortgage Funding (RMF). (Attachments: # 1 Text of Proposed Order)(Cronenwett, Mark) (Entered: 06/22/2022) |
| 06/22/2022 | 4 | ***ORIGINALLY FILED IN STATE COURT*** COMPLAINT against American Advisors Group Celink Reverse Mortgage Funding (RMF), filed by Brian McCarley (Executor of Estate, Living Trust of Homestead), Mary Ann McCarley.(rpc, ) (Entered: 06/22/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 06/24/2022 09:53:29 |
New Mexico Suspended Joshua Carpenter for 2 Years for Serious Issues Detailed Below.
Texas Also Fully Probated the 2 Year Suspension, sayin’:-
“Heck No, You Can Work Here – Your Character Fits Our Role Model Perfectly”.
In the Matter of Joshua Lowell Carpenter
On July 17, 2015, the Board of Disciplinary Appeals signed an agreed judgment of fully probated suspension of Albuquerque, New Mexico attorney Joshua Lowell Carpenter, 38, State Bar of Texas Card No. 24090907.
After finding that he violated failed to provide competent representation to a client, breached the confidentiality of a client, had a conflict of interest between current clients, made a false statement in connection with a disciplinary matter, violated the New Mexico Rules of Professional Conduct, committed a criminal act that reflected adversely on his practice of law, engaged in fraud, dishonesty, deceit or misrepresentation, and engaged in conduct that is prejudicial to the administration of justice.
Mr. Carpenter was suspended from the practice of law for two years, deferred upon certain terms and conditions, by the Supreme Court of the State of New Mexico on or about March 11, 2015 in the matter styled, No. 35,078, In the Matter of Joshua Carpenter, An Attorney Licensed to Practice Before the Courts of the State of New Mexico.
He is suspended from the practice of law in Texas for two years. The suspension is deferred and he is placed on probation beginning July 17, 2015 and ending July 17, 2017.
BODA cause number 56272.
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