Gonzalez Obregon v. Romo
4:24-cv-03371
| S.D. Tex. | Jun 24, 2025Background
- This case involves Plaintiff Oscar Fernando Gonzalez Obregon seeking to collect on a judgment awarded in a Mexican court, which the U.S. District Court for the Southern District of Texas has recognized and entered as a final judgment.
- Defendant Jorge Romo, Jr. contested enforcement of this judgment, raising issues about its finality, interest calculations, attorney fees, and applicable exchange rate.
- Defendant also sought to stay enforcement and claimed that certain assets and vehicles are exempt from execution or turnover under Texas law.
- The Plaintiff moved for orders to assist in judgment collection, including turnover of real property, corporate shares, membership interests (charging order), and a determination that luxury vehicles are non-exempt assets.
- The Court addressed numerous motions, including whether to vacate judgment, whether and how to proceed with collection efforts, and the specific property interests subject to turnover.
- The Court also addressed procedural matters related to frozen bank accounts and the issuance of abstracts of judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Vacatur of Final Judgment | Judgment is final and enforceable; calculations per Mexican law are clear | Judgment is not final; calculations regarding interest, fees, and exchange rates are unclear | Denied: Judgment is final and enforceable |
| Turnover Order & Appointment of Receiver | Defendant owns non-exempt real and personal property, as well as business interests, subject to turnover. Receiver needed to manage/transfer assets | Enforcement without receiver may be improper; some property may be exempt or owned by others | Granted: Turnover ordered for specified assets; receiver to be appointed |
| Charging Order for LLC Membership Interests | Membership interests are non-exempt and distribution rights should be directed to plaintiff to satisfy judgment | Plaintiff's charging order risks interfering with company business; receiver necessary | Granted: Charging order entered for specified interests |
| Exemption Status of Luxury Vehicles | Vehicles individually exceed exemption caps; not tools of the trade or necessary for profession | Vehicles qualify as personal or business exemptions; require hearing before order | Granted: All listed luxury vehicles deemed non-exempt |
| Proper Exchange Rate for Judgment Calculation | Apply the rate most favorable to plaintiff, per Texas law | Apply rate as of judgment date or per unspecified alternate calculation | Granted: Rate on breach date, favorable to plaintiff, used |
Key Cases Cited
- Alexander Dubose Jefferson & Townsend LLP v. Chevron Phillips Chem. Co., L.P., 540 S.W.3d 577 (Tex. 2018) (Texas turnover statute allows creditor to reach non-exempt assets to satisfy judgments)
- Santibanez v. Wier McMahon & Co., 105 F.3d 234 (5th Cir. 1997) (turnover remedies can reach assets in third-party hands if debtor still controls them)
- Pillitteri v. Brown, 165 S.W.3d 715 (Tex. App.—Dallas 2004) (burden on debtor to establish exemption for assets subject to turnover)
- El Universal, Compania Periodistica Nacional, S.A. de C.V v. Phoenician Imports, Inc., 802 S.W.2d 799 (Tex. App.—Corpus Christi 1990) (Texas courts have discretion on exchange rate in enforcing foreign judgments)
- Spates v. Office of Att’y Gen., 485 S.W.3d 546 (Tex. App.—Houston [14th Dist.] 2016) (charging order is a lien and only directs distributions to creditor, does not give control)