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.

Burch v. Aurzada

United States District Court, N.D. Texas, Dallas Division

April 30, 2019

WILLIAM PAUL BURCH, Plaintiff,
v.
AREYA HOLDER AURZADA, Defendant.

          FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

          DAVID L. HORAN, MAGISTRATE JUDGE

         Plaintiff William Paul Burch, the debtor in a Chapter 7 bankruptcy proceeding pending in the United States Bankruptcy Court for the Northern District, Fort Worth Division, Case No. 12-46959-mxm7, brings this pro se action against the Chapter 7 Trustee appointed by the Bankruptcy Court.

         Burch alleges, in general, that he has been harmed by how the Trustee has performed her duties. His specific factual allegations provide:

14. Specialized Loan Servicing (SLS) was not able to collect on the invalid noted and, by misleading the Judge and Plaintiffs inexperienced attorney, the Bankruptcy was converted to a Chapter 7.
15. There were two SLS properties. One was sold but the Mortgage Holder was holding the invalid lien and did not give a proper payoff so the Plaintiff could close on the property. The Trustee took over and closed on the property, giving SLS what it wanted and keeping the rest. Half of the balance was requested by the spouse of the Plaintiff, who was not in bankruptcy and owned half of the community property, which was in the Plaintiffs spouses name.
16. The Trustee sold two properties through a strawman sale resulting in her diverting thousands of dollars away from the estate and possibly part of it into her pockets.
17. Plaintiff alerted the Trustee of the pending agreement between Plaintiff and the IRS to waive the remaining balance since it was only interest. The Trustee, through her attorney, convinced the IRS to reinstate a $125, 000 lien that had been removed almost two years ago. Only about $26, 000 in interest was owed. The $125, 00 and penalties had been paid.
18. Plaintiff was way ahead and was on track to complete his Chapter 11 bankruptcy in July of 2018. The Trustee projected that she would be done by December 2018 but has yet to finish even though she has more than enough to pay the few creditors in the estate.
19. Trustee has had her attorney represent Judge Mullin at the expense of the estate when the Judge has an attorney assigned to represent him at no cost to him.
20. Specialized Loan Servicing foreclosed on a property right after they had convinced the Judge through a series of deceptions. They did not even have a valid mortgage note and the foreclosure was illegal in that they did not inform the Trustee of the foreclosure. Upon finding out after the foreclosure, the Trustee accepted a few thousand dollars on a property that the Plaintiff had just put thousands of dollars into for renovation.

Dkt. No. 3 at 3-4 (citations omitted).

         Burch's civil action against the Trustee has been referred to the undersigned United States magistrate judge for pretrial management under 28 U.S.C. § 636(b) and a standing order of reference from United States District Judge Karen Gren Scholer.

         The undersigned enters these findings of fact, conclusions of law, and recommendation that the Court should dismiss this action without prejudice for lack of subject matter jurisdiction.

         Legal ...


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.