Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Ramos

United States District Court, N.D. Texas, Fort Worth Division

May 4, 2018

IN RE RUBY RAMOS, Debtor,
v.
RUBY RAMOS, Appellee. MOJTABA BONAKDAR, Appellant, District Court Case No. 4:17-CV-1002-A

          MEMORANDUM OPINION AND ORDER

          JOHN McBRYDE United States District Judge

         This action is before the court as an appeal from a judgment of the United States Bankruptcy Court for the Northern District of Texas, Fort Worth Division, the Honorable Russell F. Nelras presiding. Having considered the briefs of appellant, Mojtaba Bonakdar, and appellee, Ruby Ramos (hereinafter "debtor"), the record on appeal, and applicable authorities, the court finds that the bankruptcy court's judgment should be affirmed.

         I.

         Jurisdiction

         This is an appeal from a bankruptcy court judgment signed November 30, 2017. This court's jurisdiction exists under 2 8 U.S.C. § 158(a).

         II.

         Underlying Proceedings

         On May 8, 2009, debtor and her husband signed a real estate lien note in the principal amount of $85, 000.00 for the purchase of property at 4026 Moonlight Court, Arlington, Texas (the "property"). Doc.[1] 8-2 at PagelD[2] 200. The note was due and payable to appellant in 36 equal monthly installments of $799.94, including principal and accrued interest, with the first installment due June 1, 2009, and continuing on the first day of each month through May 1, 2012, when all unpaid principal and interest would be due and payable in full. Id. The note was secured by a deed of trust signed the same day. Id. at PagelD 196-99. In return, appellant executed a warranty deed with vendor's lien. Id. at PagelD 201-02.

         In March 2017, appellant attempted to foreclose the lien on the property and debtor filed her Chapter 13 voluntary petition. On May 24, 2017, debtor filed the above-referenced adversary proceeding to determine the validity of any liens against the property. She alleged that the note had matured on May 1, 2012, and that the time for enforcing the lien had expired. Adv. Doc.[3]1. Appellant filed an answer to the adversary asserting as an affirmative defense that debtor was "precluded from asserting some or all of the claims and/or obtaining some or all of the relief requested . . . because the claims [were] barred by Debtor's acknowledgement of the secured debt." Adv. Doc. 6 at 2, ¶ 12. Appellant did not assert a counterclaim.

         The bankruptcy court tried the adversary proceeding on November 21, 2017. Doc. 8-2 at PagelD 299. At the beginning of the proceeding, the bankruptcy court accepted and signed the joint pretrial order, Adv. Doc. 15. Doc. 802 at PagelD 304. Pertinent to this appeal, the parties stipulated that: The note matured on May 1, 2012, and the entire remaining balance became due and payable. Adv. Doc. 15 at 2, ¶ 5. Debtor continued to submit money orders to appellant for fifty-eight additional months. Id. at ¶ 6. The money orders were signed by debtor and bore statements such as "payment for December" and "house payment." Id. at ¶ 7. Before debtor's bankruptcy filing, her husband executed a deed giving any rights he had in the property to debtor. Id. at ¶ 9. Debtor listed appellant as a secured creditor in her Chapter 13 filing. Id. at ¶ 10.

         After hearing the testimony of debtor and appellant, the bankruptcy judge stated his findings of fact and conclusions of law into the record. Doc. 8-2 at PageID 2 91-97. On November 30, 2017, he signed the judgment in favor of debtor. Adv. Doc. 18. Appellant filed a motion for new trial, which was denied. Adv. Doc. 37.

         III.

         Issues ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.