LIT COMMENTARY & UPDATE
Schluter v. U.S. Bank Trust National Association
(4:23-cv-00858)
District Court, S.D. Texas
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)
BK #4
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 |
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
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) |
PACER Service Center | |||
---|---|---|---|
Transaction Receipt | |||
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
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 | |||
---|---|---|---|
Transaction Receipt | |||
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
(Court 281, JUDGE CHRISTINE WEEMS)
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 |
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