LIT COMMENTARY & UPDATE
Schluter v. U.S. Bank Trust National Association
(4:23-cv-00858)
District Court, S.D. Texas
APR 19, AUG 24 26, DEC 23, 2024
Last updated by LIT
Schluter v. U.S. Bank Trust National Association as Trustee of the Cabana Series IV Trust (4:22-cv-03260)
District Court, S.D. Texas, Judge Lee Rosenthal
Schluter v. Nationstar Mortgage LLC d/b/a Mr. Cooper (4:19-cv-03076)
District Court, S.D. Texas, Judge George Hanks Jr.
ORDER OF DISMISSAL WITH PREJUDICE.
Case terminated on February 11, 2020 (Signed by Judge George C Hanks, Jr) Parties notified.(jegonzalez, 4) (Entered: 02/11/2020)
Richard Alan Schluter, Jr and Traci Yates Schluter (Bankr. S.D. Tex. 2014)
Richard Alan Schluter, Jr (Bankr. S.D. Tex. 2018)
Richard Alan Schluter, Jr (Bankr. S.D. Tex. 2024)
Richard Alan Schluter, Jr (Bankr. S.D. Tex. 2023)
Richard Alan Schluter, Jr. (Bankr. S.D. Tex. 2015)
Richard Alan Schluter, Jr (Bankr. S.D. Tex. 2018)
I am text block. Click edit button to change this text. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Compare the $200 TRO Cash bond paid for the $9 million dollar estate, compared to first time foreclosure widow Riston, who had to pay $933 cash bond for a home valued at $240k to stop @DeutscheBank – https://t.co/wuCs0Ph9bM https://t.co/a2xqHAXfdh
— lawsinusa (@lawsinusa) December 23, 2024
OCT 18, 2023
JUN 17, AUG 26, 2024
Case dismissed on Jun 7, 2024
BK4 filed Aug. 5, 2024
Article last updated by LIT
BK #4
DEC 23, 2024 UPDATE
Here’s the answer to our earlier question as Schluter’s BK is confirmed by court orders (but we expect to see them back shortly):
Order/Courtroom Minutes.The Court has confirmed the plan.
The trustees motion to dismiss is withdrawn.
Related to document 45.
(zac4) (Entered: 12/12/2024)
BK #4 after 3rd case dismissed and property listed for non judicial foreclosure on Aug. 6, 2024.
On Aug. 26, 2024: An Order for EFT or ACH Payments issued: does Schluter have the $$$?
Key Notes from BK #3
Mar. 1, 2024 Motion to Dismiss:
“The Debtor Has defaulted by failing to make the payments due under the Trustee under the Chapter
13 Plan. The Debtor Is delinquent $18,000.00, an amount constituting 3.00 months of required
payments.”
Apr 1, 2024 Case Dismissed:
Order/Courtroom Minutes. Case Dismissed.
Related to document 77.
Richard Aurich on behalf of David Peake, Chapter 13 Trustee. Kyle Payne on behalf of debtor.
DEFsch, DUPFILER |
Southern District of Texas (Houston)
Bankruptcy Petition #: 24-33579
| Assigned to: Bankruptcy Judge Christopher M. Lopez Chapter 13 Voluntary Asset
|
|
| Debtor Richard Alan Schluter, Jr 3423 Coltwood Dr. Spring, TX 77388 HARRIS-TX SSN / ITIN: xxx-xx-8273 |
represented by | Kyle Kenneth Payne 1225 North Loop West Suite 550 Houston, TX 77008 713-228-0200 Fax : 713-588-8750 Email: notices@payne.associates |
| Trustee David Peake Chapter 13 Trustee 9660 Hillcroft Suite 430 Houston, TX 77096-3856 713-283-5400 |
||
| U.S. Trustee US Trustee Office of the US Trustee 515 Rusk Ave Ste 3516 Houston, TX 77002 713-718-4650 |
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 08/05/2024 | 1 (17 pgs) |
Chapter 13 Voluntary Petition Individual . Fee Amount $313 Filed by Richard Alan Schluter Jr. (Payne, Kyle) (Entered: 08/05/2024) | |
| 08/05/2024 | 2 (1 pg) |
Certificate of Credit Counseling (Filed By Richard Alan Schluter Jr). (Payne, Kyle) (Entered: 08/05/2024) | |
| 08/05/2024 | 3 (4 pgs) |
Fixed Fee Agreement filed by Debtor(s)’s counsel pursuant to General Order 2023-13. Counsel has received $1458.00, pre-petition. Counsel’s fixed fee is $5000.00. Counsel has advanced $0.00 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 $475.00, for responses to chapter 13 trustee dismissal motions is $300.00, and for Debtor(s) motions to modify the plan is $900.00. The fixed fee for review of Rule 3002.1 notices filed 120 days after confirmation is $325.00, for debtor’s motion to sell, refinance or incur debt for real property is $650.00, for debtor’s surrender of property per paragraph 20 of the uniform plan is $325.00, and for transfer of real property per paragraph 14 of the uniform plan is $550.00. The rate for hourly services that are not covered by an agreed fixed fee will not exceed $475.00. Petition filed on 08/05/2024. Filed by Debtor Richard Alan Schluter Jr (Payne, Kyle) (Entered: 08/05/2024) | |
| 08/09/2024 | 4 (1 pg) |
Notice of Appearance and Request for Notice Filed by Capital One Auto Finance, a division of Capital One, N.A., c/o AIS Portfolio Services, LLC (Sharma, Amitkumar) (Entered: 08/09/2024) | |
| 08/09/2024 | 5 (3 pgs) |
Order: Possible Future Dismissal of Case. Court advises that 11 U.S.C. Section 521(i) requires automatic dismissal if information required by Section 521(a)(1) is not filed. Signed on 8/9/2024 (rlt5) (Entered: 08/09/2024) | |
| 08/09/2024 | 6 (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 8/9/2024 (rlt5) (Entered: 08/09/2024) | |
| 08/09/2024 | 7 (1 pg) |
Order Granting Chapter 13 Fixed Fee Agreement (Related Doc # 3). Signed on 8/9/2024. (zac4) (Entered: 08/09/2024) | |
| 08/09/2024 | 8 (1 pg) |
Withdrawal of Claim: 3 American Credit Acceptance (Thomas, Usha) (Entered: 08/09/2024) | |
| 08/11/2024 | 9 (2 pgs) |
BNC Certificate of Mailing. (Related document(s):7 Order on Chapter 13 Fixed Fee Agreement) No. of Notices: 1. Notice Date 08/11/2024. (Admin.) (Entered: 08/11/2024) | |
| 08/11/2024 | 10 (7 pgs) |
BNC Certificate of Mailing. (Related document(s):6 Initial Order for Chapter 13 Case) No. of Notices: 6. Notice Date 08/11/2024. (Admin.) (Entered: 08/11/2024) | |
| 08/11/2024 | 11 (4 pgs) |
BNC Certificate of Mailing. (Related document(s):5 Order: Possible Future Dismissal of Case) No. of Notices: 1. Notice Date 08/11/2024. (Admin.) (Entered: 08/11/2024) | |
| 08/19/2024 | 12 | Statement of Social Security Number Filed. Does this document change the social security number for one or more debtors? No. Has the Meeting of Creditors been set in this case? No. (fmc2) (Entered: 08/19/2024) | |
| 08/23/2024 | 13 (69 pgs) |
Schedule A/B: Property Individual , Schedule C , Schedule D Individual- Creditors Having Claims Secured by Property , Schedule E/F: Creditors Who Have Unsecured Claims Individual , Schedule G Individual- Executory Contracts and Unexpired Leases , Schedule H Individual- Codebtors , Schedule I: Individual- Your Income , Schedule J Individual- Your Expenses , Statement of Financial Affairs for Individual , Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period for 5 Years Form 122C-1. Disposable Income Is Not Determined , Chapter 13 Calculation of Your Disposable Income Form 122C-2 (Filed By Richard Alan Schluter Jr). (Payne, Kyle) (Entered: 08/23/2024) | |
| 08/23/2024 | 14 (1 pg) |
Debtor’s Payment Advices or Certification under 11 USC 521 (Filed By Richard Alan Schluter Jr). (Payne, Kyle) (Entered: 08/23/2024) | |
| 08/23/2024 | 15 (26 pgs) |
Chapter 13 Plan Filed by Richard Alan Schluter Jr. (Payne, Kyle) (Entered: 08/23/2024) | |
| 08/23/2024 | 16 (2 pgs) |
Proposed Order for EFT Payments and Debtor Certification (Filed By Richard Alan Schluter Jr). (Payne, Kyle) (Entered: 08/23/2024) | |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 08/24/2024 08:34:39 |
DUPFILER |
Southern District of Texas (Houston)
Bankruptcy Petition #: 24-33579
| Assigned to: Bankruptcy Judge Christopher M. Lopez Chapter 13 Voluntary Asset
|
|
| Debtor Richard Alan Schluter, Jr 3423 Coltwood Dr. Spring, TX 77388 HARRIS-TX SSN / ITIN: xxx-xx-8273 |
represented by | Kyle Payne Payne & Associates, PLLC 1225 North Loop West, Suite 550 Houston, TX 77008 713-228-0200 Fax : 713-588-8750 Email: notices@payne.associates |
| Trustee David Peake Chapter 13 Trustee 9660 Hillcroft Suite 430 Houston, TX 77096-3856 713-283-5400 |
||
| 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 | |
|---|---|---|---|
| 09/03/2024 | 23 | Objection to Confirmation of Plan Filed by CarMax Business Services, LLC. (Related document(s):15 Chapter 13 Plan) (Attachments: # 1 Proposed Order) (Lawrence, Paul) (Entered: 09/03/2024) | |
| 09/05/2024 | 24 | Notice of Appearance and Request for Notice Filed by Richard E Anderson Filed by on behalf of U.S. Bank Trust National Association, as Trustee of the Cabana Series IV Trust (Anderson, Richard) (Entered: 09/05/2024) | |
| 09/10/2024 | 25 | Notice of Appearance and Request for Notice Filed by Atlas Acquisitions LLC (Schild, Avi) (Entered: 09/10/2024) | |
| 09/17/2024 | 26 | Notice of Appearance and Request for Notice Filed by Melissa E Valdez Filed by on behalf of KLEIN INDEPENDENT SCHOOL DISTRICT AND KLEIN PUBLIC UTILITY DISTRICT (Valdez, Melissa) (Entered: 09/17/2024) | |
| 09/23/2024 | 27 | Meeting of Creditors Held – Trustee Does Not Recommend Confirmation of the plan. Debtor appeared. Meeting concluded September 20, 2024. (Related document(s):18 Chapter 13 Meeting of Creditors (batch)) (Peake, David) (Entered: 09/23/2024) | |
| 09/23/2024 | 28 | Chapter 13 Trustee’s Motion to Dismiss Case Hearing scheduled for 10/21/2024 at 10:00 AM. (Peake, David) (Entered: 09/23/2024) | |
| 10/16/2024 | 29 | First Amended Chapter 13 Plan Filed by Richard Alan Schluter Jr. (Payne, Kyle) (Entered: 10/16/2024) | |
| 10/16/2024 | 30 | Amended Schedule I: Individual- Your Income , Amended Schedule J Individual- Your Expenses (Filed By Richard Alan Schluter Jr). (Payne, Kyle) (Entered: 10/16/2024) | |
| 10/16/2024 | 31 | Proposed Order for EFT Payments and Debtor Certification (Filed By Richard Alan Schluter Jr). (Payne, Kyle) (Entered: 10/16/2024) | |
| 10/17/2024 | 32 | Notice of Appearance and Request for Notice Filed by Jeannie Lee Andresen Filed by on behalf of Lone Star College System, Harris County ESD #11, Harris County ESD #07 (Andresen, Jeannie) (Entered: 10/17/2024) | |
| 10/18/2024 | 33 | Order for EFT Payments. Signed on 10/18/2024 (zac4) (Entered: 10/18/2024) | |
| 10/20/2024 | 34 | BNC Certificate of Mailing. (Related document(s):33 Order for EFT or ACH Payments) No. of Notices: 1. Notice Date 10/20/2024. (Admin.) (Entered: 10/20/2024) | |
| 10/21/2024 | 35 | Order/Courtroom Minutes. Reset confirmation. Before Judge Lopez, Christopher M.. Related to document 18. Reset to 11/18/2024 at 10:00AM. Richard Aurich on behalf of David Peake, Chapter 13 Trustee. K. Payne behalf of debtor. (zac4) (Entered: 10/21/2024) | |
| 10/21/2024 | 36 | Order/Courtroom Minutes. Reset dismissal. Before Judge Lopez, Christopher M.. Related to document 28. Reset to 11/18/2024 at 10:00AM. Richard Aurich on behalf of David Peake, Chapter 13 Trustee. K. Payne behalf of debtor. (zac4) (Entered: 10/21/2024) | |
| 10/23/2024 | 37 | BNC Certificate of Mailing. (Related document(s):35 Courtroom Minutes/Order – R1 MI DJ ER JN CL) No. of Notices: 1. Notice Date 10/23/2024. (Admin.) (Entered: 10/23/2024) | |
| 10/23/2024 | 38 | BNC Certificate of Mailing. (Related document(s):36 Courtroom Minutes/Order – R6 MI DJ ER JN CL) No. of Notices: 1. Notice Date 10/23/2024. (Admin.) (Entered: 10/23/2024) | |
| 11/04/2024 | 39 | Notice on Financial Management Course Requirement. (Entered: 11/04/2024) | |
| 11/06/2024 | 40 | BNC Certificate of Mailing. (Related document(s):39 Notice on Financial Management Course Requirement) No. of Notices: 1. Notice Date 11/06/2024. (Admin.) (Entered: 11/06/2024) | |
| 11/07/2024 | 41 | Objection to Confirmation of Plan Filed by Harris County ESD #07, Harris County ESD #11, Lone Star College System. (Related document(s):29 Amended Chapter 13 Plan) (Andresen, Jeannie) (Entered: 11/07/2024) | |
| 11/15/2024 | 42 | Second Amended Chapter 13 Plan Filed by Richard Alan Schluter Jr. (Payne, Kyle) (Entered: 11/15/2024) | |
| 11/15/2024 | 43 | Withdraw Document (Filed By Harris County ESD #07, Harris County ESD #11, Lone Star College System ).(Related document(s):41 Objection to Confirmation of the Plan) (Andresen, Jeannie) (Entered: 11/15/2024) | |
| 11/18/2024 | 44 | Order/Courtroom Minutes. Reset confirmation. Before Judge Lopez, Christopher M.. Related to document 35. Reset to 12/16/2024 at 10:00AM. Appearances: D. Peake, K. Payne. (rgs4) (Entered: 11/18/2024) | |
| 11/18/2024 | 45 | Order/Courtroom Minutes. Reset dismissal. Before Judge Lopez, Christopher M.. Related to document 36. Reset to 12/16/2024 at 10:00AM. Appearances: D. Peake, K. Payne. (rgs4) (Entered: 11/18/2024) | |
| 11/20/2024 | 46 | BNC Certificate of Mailing. (Related document(s):44 Courtroom Minutes/Order – R1 MI DJ ER JN CL) No. of Notices: 1. Notice Date 11/20/2024. (Admin.) (Entered: 11/20/2024) | |
| 11/20/2024 | 47 | BNC Certificate of Mailing. (Related document(s):45 Courtroom Minutes/Order – R6 MI DJ ER JN CL) No. of Notices: 1. Notice Date 11/20/2024. (Admin.) (Entered: 11/20/2024) | |
| 12/04/2024 | 48 | Withdraw Document (Filed By CarMax Business Services, LLC ).(Related document(s):23 Objection to Confirmation of the Plan) (Lawrence, Paul) (Entered: 12/04/2024) | |
| 12/10/2024 | 49 | Chapter 13 Trustee Notice to Mortgagee. (Peake, David) (Entered: 12/10/2024) | |
| 12/11/2024 | 50 | Chapter 13 Trustee’s Amended Recommendation Concerning Confirmation. The Trustee now recommends confirmation of the plan filed on November 15, 2024, document number 42 (Peake, David) (Entered: 12/11/2024) | |
| 12/12/2024 | 52 | Order/Courtroom Minutes. Confirming Chapter 13 Plan and Valuing Collateral Pursuant to 11 U.S.C. 506 Including Non-Exempt Judgment Proceeds. Related to document 44. (zac4) (Entered: 12/12/2024) | |
| 12/12/2024 | 51 | Order/Courtroom Minutes.The Court has confirmed the plan. The trustees motion to dismiss is withdrawn. Related to document 45. (zac4) (Entered: 12/12/2024) | |
| 12/12/2024 | 53 | BNC Certificate of Mailing. (Related document(s):49 Chapter 13 Trustee Notice to Mortgagee) No. of Notices: 1. Notice Date 12/12/2024. (Admin.) (Entered: 12/13/2024) | |
| 12/14/2024 | 54 | BNC Certificate of Mailing. (Related document(s):52 Courtroom Minutes/Order – C3 DJ JN CL MI) No. of Notices: 8. Notice Date 12/14/2024. (Admin.) (Entered: 12/14/2024) | |
| 12/14/2024 | 55 | BNC Certificate of Mailing. (Related document(s):51 Courtroom Minutes/Order – D12) No. of Notices: 8. Notice Date 12/14/2024. (Admin.) (Entered: 12/14/2024) | |
| PACER Service Center | |||
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| 12/23/2024 06:28:44 |
We have a question for @Ask_WellsFargo @WellsFargo
Y’all retained RAS as your Texas foreclosure mill counsel who claim to send you a “Monthly” report. We’re lookin’ at SHAW, ALBERTA vs. WELLS FARGO BANK N A. Maybe a biennial report is what they mean? https://t.co/nqE7UIniQh pic.twitter.com/aLqnmXEcnA— lawsinusa (@lawsinusa) August 24, 2024
OCT 18, 2023
JUN 17, 2024
Case dismissed on Jun 7, 2024
Article last updated by LIT
DUPFILER, DISMISSED, CLOSED |
Southern District of Texas (Houston)
Bankruptcy Petition #: 23-31526
| Assigned to: Bankruptcy Judge Christopher M. Lopez Chapter 13 Voluntary Asset
Debtor disposition: Dismissed for Other Reason |
|
| Debtor Richard Alan Schluter, Jr 3423 Coltwood Dr. Spring, TX 77388 HARRIS-TX SSN / ITIN: xxx-xx-8273 |
represented by | Kyle Kenneth Payne Payne & Associates, PLLC 1225 North Loop West, Suite 550 Houston, TX 77008 713-228-0200 Fax : 713-588-8750 Email: kyle@payne.associates |
| Trustee David Peake Chapter 13 Trustee 9660 Hillcroft Suite 430 Houston, TX 77096-3856 713-283-5400 |
represented by | David Peake Chapter 13 Trustee 9660 Hillcroft Suite 430 Houston, TX 77096-3856 713-283-5400 Fax : 713-852-9084 Email: court@peakech13trustee.com |
| U.S. Trustee US Trustee Office of the US Trustee 515 Rusk Ave Ste 3516 Houston, TX 77002 713-718-4650 |
| Filing Date | # | Docket Text | |
|---|---|---|---|
| 03/01/2024 | 75 | Chapter 13 Trustee’s Motion to Dismiss Case . Hearing scheduled for 4/1/2024 at 11:00 AM. (Peake, David) (Entered: 03/01/2024) | |
| 03/12/2024 | 76 | Chapter 13 Trustee’s Notice of ACH or Electronic Payment Adjustment (Peake, David) (Entered: 03/12/2024) | |
| 03/21/2024 | 77 | Chapter 13 Trustee’s Notice Resetting Dismissal Hearing (Related document(s):75 Chapter 13 Trustee’s Motion to Dismiss Case) Hearing scheduled for 4/1/2024 at 09:00 AM. (Peake, David) (Entered: 03/21/2024) | |
| 03/21/2024 | 78 | Response . Filed by Richard Alan Schluter Jr (Payne, Kyle) (Entered: 03/21/2024) | |
| 03/21/2024 | 79 | Notice of Fees Due Pursuant to Fixed Fee Agreement for Defense of Trustee’s Motion to Dismiss. Filed by Richard Alan Schluter Jr (Payne, Kyle) (Entered: 03/21/2024) | |
| 04/01/2024 | 80 | Order/Courtroom Minutes. Case Dismissed. Related to document 77. Richard Aurich on behalf of David Peake, Chapter 13 Trustee. Kyle Payne on behalf of debtor. (ZildeCompean) (Entered: 04/01/2024) | |
| 04/03/2024 | 81 | BNC Certificate of Mailing. (Related document(s):80 Courtroom Minutes/Order – D1 MI ER DJ JN CL – D00 ER) No. of Notices: 8. Notice Date 04/03/2024. (Admin.) (Entered: 04/03/2024) | |
| 04/30/2024 | 82 | Chapter 13 Trustee Final Report and Account. (Peake, David) (Entered: 04/30/2024) | |
| 06/07/2024 | 83 | Final Decree Signed on 6/7/2024 (hlc4) (Entered: 06/07/2024) | |
| 06/09/2024 | 84 | BNC Certificate of Mailing. (Related document(s):83 Final Decree) No. of Notices: 1. Notice Date 06/09/2024. (Admin.) (Entered: 06/09/2024) | |
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| 06/17/2024 20:07:58 |
Notice of Postpetition Mortgage Fees, Expenses and Charges
Chapter 13 Trustee’s Motion to Dismiss Case (batch)
A NIGERIAN SCAM PERFECTED IN HOUSTON, TX WITH OUR CORRUPT JUDICIARY COMPLICIT
Texas Title Deed Fraud Continues in Harris County.
Judge Kyle Carter Presiding.
Twin Peaks $10 buck fraud real property records;https://t.co/zJglI900Zk
Read more on LIT https://t.co/ilzGPaxrZn#TWO— lawsinusa (@lawsinusa) October 18, 2023
SNAP REMOVAL OF CASE 3 TO SDTX
Schluter v. U.S. Bank Trust National Association
(4:23-cv-00858)
District Court, S.D. Texas
Snap removed on Mar. 8, 2023
May 12, SEP 9 OCT 18, 2023
DEC 23, 2024
Article last updated by LIT
2024
Gannon the Cannon requests withdrawal of representation of his long-term client, granted by the court.
HCAD still showing home owned by the Schluter’s at Dec 23, 2024 and Harris County Real Property Records has no sign of the TRSale Deed post August listing of foreclosure.
The bankruptcy case payment agreement by debtor appears to have defaulted.
2023
Staying Case (May 15)
| STAYED |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00858
| Schluter v. U.S. Bank Trust National Association et al Assigned to: Judge Andrew S Hanen
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 03/08/2023 Jury Demand: Defendant Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/08/2023 | 12 | SUGGESTION OF BANKRUPTCY by Richard A. Schluter, filed. (Attachments: # 1 Exhibit Exhibit A)(Helstowski, John) (Entered: 05/08/2023) |
| 05/13/2023 | 13 | ORDER STAYING CASE re: 12 Suggestion of Bankruptcy. All pending motions are MOOT, but may be summarily urged if the automatic stay is lifted. (Signed by Judge Andrew S Hanen) Parties notified.(JoanDavenport, 4) (Entered: 05/15/2023) |
| 12/11/2024 | 14 | MOTION for Helstowski to Withdraw as Attorney by Richard A. Schluter, filed. Motion Docket Date 1/2/2025. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Helstowski, John) (Entered: 12/11/2024) |
| 12/11/2024 | 15 | PROPOSED ORDER re: 14 MOTION for Helstowski to Withdraw as Attorney, filed. (Helstowski, John) (Entered: 12/11/2024) |
| 12/13/2024 | 16 | ORDER granting 14 Motion to Withdraw as Attorney. Attorney John Gannon Helstowski nor his law firm have any further duty or obligation to the Plaintiff in this case. Attorney John Gannon Helstowski terminated. (Signed by Judge Andrew S Hanen) Parties notified. (jld4) (Entered: 12/18/2024) |
| PACER Service Center | |||
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| 12/23/2024 05:58:26 |
Staying Case (May 15)
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons.
Initial Conference set for 6/8/2023 at 10:10 AM by video before Magistrate Judge Sam S Sheldon.
(Signed by Judge Andrew S Hanen) Parties notified.(AkeitaMichael, 4) (Entered: 03/09/2023)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:23-cv-00858
| Schluter v. U.S. Bank Trust National Association et al Assigned to: Judge Andrew S Hanen
Cause: 28:1332 Diversity-Notice of Removal |
Date Filed: 03/08/2023 Jury Demand: Defendant Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/08/2023 | 1 | NOTICE OF REMOVAL from Harris County Judicial District 334, case number 202313589 (Filing fee $ 402 receipt number ATXSDC-29568962) filed by SN Servicing Corporation, U.S. Bank Trust National Association as Trustee of the Cabana Series IV Trust. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Anderson, Richard) (Entered: 03/08/2023) |
| 03/09/2023 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/8/2023 at 10:10 AM by video before Magistrate Judge Sam S Sheldon. (Signed by Judge Andrew S Hanen) Parties notified.(AkeitaMichael, 4) (Entered: 03/09/2023) |
| 03/14/2023 | 3 | CERTIFICATE OF INTERESTED PARTIES by Richard A. Schluter, filed.(Helstowski, John) (Entered: 03/14/2023) |
| 03/16/2023 | 4 | CERTIFICATE OF INTERESTED PARTIES by SN Servicing Corporation, U.S. Bank Trust National Association, filed.(Anderson, Richard) (Entered: 03/16/2023) |
| 03/16/2023 | 5 | ENTERED IN THE WRONG CASE..(per Attorney). Request for Issuance of Summons as to SN Servicing Corporation, U.S. Bank Trust National Association, filed.(Anderson, Richard) Modified on 3/16/2023 (BrendaLacy, 4). (Entered: 03/16/2023) |
| 03/16/2023 | 6 | ENTERED IN THE WRONG CASE..(per Attorney). Request for Issuance of Summons as to SN Servicing Corporation, U.S. Bank Trust National Association, filed.(Anderson, Richard) Modified on 3/16/2023 (BrendaLacy, 4). (Entered: 03/16/2023) |
| 03/16/2023 | 7 | ENTERED IN THE WRONG CASE..(per Attorney). Request for Issuance of Summons as to SN Servicing Corporation, U.S. Bank Trust National Association, filed.(Anderson, Richard) Modified on 3/16/2023 (BrendaLacy, 4). (Entered: 03/16/2023) |
| 03/29/2023 | 8 | Request for Issuance of Summons as to SN Servicing Corporation, U.S. Bank Trust National Association, filed.(Anderson, Richard) (Entered: 03/29/2023) |
| 03/30/2023 | 9 | NOTICE of Resetting. Parties notified. Initial Conference set for 6/13/2023 at 10:30 AM in by video before Magistrate Judge Sam S Sheldon, filed. (sjones, 4) (Entered: 03/30/2023) |
| 03/30/2023 | 10 | Request for Issuance of Summons as to SN Servicing Corporation, U.S. Bank Trust National Association, filed.(Anderson, Richard) (Entered: 03/30/2023) |
| 03/30/2023 | 11 | Request for Issuance of Summons as to U.S. Bancorp, filed.(Anderson, Richard) (Entered: 03/30/2023) |
| PACER Service Center | |||
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| 05/02/2023 16:50:47 |
3 APPLICATIONS FILED IN SDTX BK COURT
GANNON FILES CASE NO. 3 IN 2023
202313589 –
SCHLUTER, RICHARD A vs. U S BANK TRUST NATIONAL ASSOCIATION (AS TRUSTEE OF
JAN 20, 2023 | REPUBLISHED BY LIT: JAN 23, 2023
randerson@andersonvela.com
(214) 276 – 1545 x 215 – phone
(214) 295-6423 – direct dial
Mr. Anderson currently represents individuals, small and large businesses, banking and lending institutions in the areas of foreclosure, loss mitigation, bankruptcy, and eviction matters for the States of Texas and New Mexico.
Mr. Anderson also serves as a Fee Attorney for a Texas title company with the capacity to issue state-wide title products and title insurance policies, with national underwriters, as well as handles the closing transactions of the REO properties upon conclusion of the foreclosure. Mr. Anderson is passionate about his practice and viewed as an instructor and expert in the area of default servicing by his peers. Frequently serving on the faculty for CLE programs, Mr. Anderson knows and understands default servicing at it roots.
Mr. Anderson has conducted seminars, in association with the National Business Institute, on the subject of Real Property Foreclosure addressing viable alternatives to Foreclosure and Commercial Foreclosures and Title Law. Mr. Anderson personally manages his foreclosure, bankruptcy and
eviction units to ensure strict guidelines and investor expectations are being followed. As a former Senior Counsel for the Federal Deposit Insurance
Corporation for nine years, Mr. Anderson understands the complexities of commercial and banking litigation and takes every step possible to ensure our clients are well-versed in making sound business decisions.
Practice Areas
Business & Commercial Law
Construction Law
Consumer Bankruptcy
Contracts
Creditors’ Rights
Debt Discharge
Debtor/Creditor
Default Servicing Law
Divorce
Estate Planning/Administration
Evictions
Family Law
Foreclosures
Leases
Lending & Secured Transactions
Litigation
Loan Closings
Loan Workouts
Mechanic’s Lien
Mortgages & Foreclosures
Personal Injury
Probate
Real Estate Closings
Real Estate Law
Real Estate Transactions
Residential Real Estate
Secured Transactions
Title Insurance
Trusts
Wills
Education Licenses & Admissions
University of Arizona, School of Law (J.D., 1987)
New Mexico State University (B.A., 1983)
Texas State Courts
New Mexico State Courts
U.S. Fifth Circuit Court of Appeals
U.S. District Courts for the Northern, Eastern, Western & Southern Districts of Texas
Texas Guardian & Ad Litem
Arizona State Courts
Bandit Lawyer Robert C. Vilt Alleges Trickery and Deceit in Harris County District Court https://t.co/42zEaRcjno
— lawsinusa (@lawsinusa) March 9, 2023
GANNON FILES CASE NO. 2 IN 2022
202254455
SCHLUTER, RICHARD A vs. US BANK TRUST NATIONAL ASSOCIATION (AS TRUSTEE OF THE CABANA SERIES
(Court 334, JUDGE DAWN ROGERS)
AUG 30, 2022 | REPUBLISHED BY LIT: SEP 25, 2022
A notice of removal on the federal docket, but on the HCDC website, Gannon the Cannon has changed tack. He’s no longer gonna bleed homeowners’ dry while LIT’s on his rear-end, nope he’s gonna voluntarily dismiss without prejudice, which the outlaw judges at Harris County will sign off (remember Gannon’s ole man was a judge…).
ORDER OF NON-SUIT SIGNED – WITHOUT PREJUDICE
Bandit James Minerve’s Clients Both Shared One Notary Public for Two Foreclosures in March 2023 https://t.co/qqS3q80een
— lawsinusa (@lawsinusa) March 6, 2023
GANNON FILES CASE NO. 1 IN 2019
Schluter v. Nationstar Mortgage LLC d/b/a Mr. Cooper
(4:19-cv-03076)
District Court, S.D. Texas, Judge George Hanks, Jr.
ORDER OF DISMISSAL WITH PREJUDICE.
Case terminated on February 11, 2020
(Signed by Judge George C Hanks, Jr) Parties notified.(jegonzalez, 4) (Entered: 02/11/2020)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:19-cv-03076
| Schluter v. Nationstar Mortgage LLC d/b/a Mr. Cooper Assigned to: Judge George C Hanks, Jr Demand: $100,000,000
Cause: 28:1345 Foreclosure |
Date Filed: 08/16/2019 Date Terminated: 02/11/2020 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question |
| Plaintiff | ||
| Richard A. Schluter, Jr. | represented by | John Gannon Helstowski J. Gannon Helstowski Law Firm 5209 Heritage Ave Suit 510 Colleyville, TX 76034 817-382-3125 Fax: 817-382-1799 Email: jgh@jghfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| Nationstar Mortgage LLC doing business as Mr. Cooper |
represented by | Heather Nicole Sutton McGuire Woods LLP 2000 McKinney Avenue Ste 1400 Dallas, TX 75201 214-932-6400 Email: hsutton@mcguirewoods.com ATTORNEY TO BE NOTICEDPhilip C. Reeves Ewing Jones 6363 Woodway Ste 1000 Houston, TX 77057 713-590-9685 Fax: 713-590-9601 Email: preeves@ewingjones.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/16/2019 | 1 | NOTICE OF REMOVAL from 133rd District Court, Harris County, Texas, case number 2019-53141 (Filing fee $ 400 receipt number 0541-22997556) filed by Nationstar Mortgage LLC d/b/a Mr. Cooper. (Attachments: # 1 Exhibit 1-Original Petition, # 2 Exhibit 2-Docket Sheet, # 3 Exhibit 3-Certificate, # 4 Exhibit 4-TRO, # 5 Exhibit 5-Bond, # 6 Exhibit 6-Service Request, # 7 Exhibit 7-Return of Service Petition, # 8 Exhibit 8-Return of Service TRO, # 9 Exhibit 9-Answer, # 10 Civil Cover Sheet)(Reeves, Philip) (Entered: 08/16/2019) |
| 08/20/2019 | 2 | NOTICE in a Removed or Transferred Case (Signed by Judge Lynn N Hughes) Parties notified.(ClaudiaGutierrezadi, 4) (Entered: 08/20/2019) |
| 09/03/2019 | 3 | NOTICE of Reassignment to Judge George C Hanks, Jr, pursuant to Special Order No. 2019-3. Deadlines in scheduling orders remain in effect, and all court settings are vacated. Judge Lynn N Hughes no longer assigned to the case. Parties notified, filed. (ndiaz, 4) (Entered: 09/03/2019) |
| 09/03/2019 | 4 | INITIAL DISCLOSURES by Nationstar Mortgage LLC, filed.(Reeves, Philip) (Entered: 09/03/2019) |
| 10/24/2019 | 5 | NOTICE of Resetting. Parties notified. Initial Conference reset for 1/22/2020 at 09:30 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison, filed. (SusanGramadi, 4) (Entered: 10/24/2019) |
| 01/21/2020 | 6 | NOTICE of Appearance by Heather N. Sutton on behalf of Nationstar Mortgage LLC, filed. (Sutton, Heather) (Entered: 01/21/2020) |
| 01/21/2020 | 7 | NOTICE of Settlement by Nationstar Mortgage LLC, filed. (Sutton, Heather) (Entered: 01/21/2020) |
| 02/11/2020 | 8 | STIPULATION of Dismissal with Prejudice by Nationstar Mortgage LLC, filed.(Sutton, Heather) (Entered: 02/11/2020) |
| 02/11/2020 | 9 | ORDER OF DISMISSAL WITH PREJUDICE. Case terminated on February 11, 2020 (Signed by Judge George C Hanks, Jr) Parties notified.(jegonzalez, 4) (Entered: 02/11/2020) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 03/10/2023 06:57:28 |
Supported by Midfirst Bank, Shelley Hopkins Seeks Duel with Loan Star Fast Funding in Federal Court
Judge shopping Shelley Hopkins supported by Midfirst removes Loan Star Fast Funding represented by Geoffery Mayfield.
Shelley Hopkins n’ Gannon the Cannon Legal Showdown in Federal Court After Forum Shopping Snap Removal
Judge shopping Shelley Hopkins represents Nationstar, aka Mr Cooper and John Gannon Helstowski represents Reagant Lonestar Group LLC.
Gary Lee Easley: Legacy of a Fallen Homestead Defender Who Valiantly Battled Against BDF Hopkins
“I’m a long time victim of the same foreclosure mill, surviving 15 foreclosures to date, always involved in some kind of their turbulence.”
Neither Side of the Table Are Behavin’ Properly in this Lengthy Foreclosure Battle
Luna’s real estate lawyers have filed a motion to withdraw as they don’t do federal defense of foreclosures but nearly all are snap removed.
Agreeing to Foreclosure for 14 Years, Felicia Oliver Ain’t Quiverin’ About Deutsche Bank, PHH or the Wolves
With non-contested judicial orders of foreclosure in 2010, 2013 and 2019, the property is still owned in Feb. 2024, by Oliver and Williams.
Where’s Flo Robins Livin’ After Lockout and Foreclosure by PHH for Deutsche Bank?
After Hurricane Harvey it is alleged that PHH Mortgage locked out Robins from her home. She still lists the home as her residence today.
Title Deed Fraud: Alvin Man Sentenced to 40 Years in Texas State Prison But Lawyers Remain Free
Rhodes went to jail for 40 yrs, but Texas Lawyers committing title deed fraud may continue. This is a developing story which will be updated.
Bandit Lawyer Gannon the Misfirin’ Cannon Touts Unregistered TX Debt Mgt Xpert Credit Repair Service
Credit repair is an extension of Gannon’s many hats, via his paralegal Chris Erbert and his business, which is not registered with TX OCCC.
Texas Real Estate Title Deed Fraud Case Takes a Decade to Reach Jury Trial and Conviction in SDTX
Judge Lee Rosenthal of Houston presided over the trial wherein Roland aka Stein was sentenced to 10 years and where reasoning was sealed.
Legal Foreclosure Defense Teams. Hire One, Get Another For Free. Ivan Ledet and Benita Ledet Did.
Here, we have two Bandit Law Firms and their counsel, turncoat Jason LeBoeuf and Gannon the misfirin’ Cannon both appearing for the Ledets’.
Harris County District Court Judge Lauren Reeder Assigned Cases (Court 234)
Note to readers: This is a LIT judicial data collecting article and as such the data and information collected may change frequently.
Zapalac of League City Callin’ for a Dallas-Based Foreclosure Defense Lawyer
J. Gannon Helstowski Law Firm is located in Dallas. 2105 Crescent Coral Dr, League City, TX 77573 is Slated for Foreclosure Auction.
Schluter v. U.S. Bank Trust National Association as Trustee of the Cabana Series IV Trust
(4:22-cv-03260)
District Court, S.D. Texas
SEP 23, 2022 | REPUBLISHED BY LIT: SEP 25, 2022
Supported by Midfirst Bank, Shelley Hopkins Seeks Duel with Loan Star Fast Funding in Federal Court
Judge shopping Shelley Hopkins supported by Midfirst removes Loan Star Fast Funding represented by Geoffery Mayfield.
Shelley Hopkins n’ Gannon the Cannon Legal Showdown in Federal Court After Forum Shopping Snap Removal
Judge shopping Shelley Hopkins represents Nationstar, aka Mr Cooper and John Gannon Helstowski represents Reagant Lonestar Group LLC.
Gary Lee Easley: Legacy of a Fallen Homestead Defender Who Valiantly Battled Against BDF Hopkins
“I’m a long time victim of the same foreclosure mill, surviving 15 foreclosures to date, always involved in some kind of their turbulence.”
