Jack Rettig v. Ronald E. Bruno, Christopher Garcia, Sergio Lopez, Patrick G. Mendoza, and Troy J. Williams
04-15-00350-CV
Tex. App.Nov 17, 2015Background
- Appellee Patrick G. Mendoza (jointly with Gloria C. Mendoza) filed a voluntary Chapter 7 petition in the U.S. Bankruptcy Court for the Western District of Texas, San Antonio Division on November 16, 2015 (Case No. 15-52801-cag).
- The petition was filed without schedules/statements at time of filing; petition preparer and counsel (Adelita Cavada; Ralph R. Perez) are identified; Randolph N. Osherow was appointed interim/trustee.
- The bankruptcy notice (B9A) and docket set a 341 meeting for December 15, 2015, and the deadline to object to discharge or dischargeability as February 16, 2016; the filing indicated a no-asset/no-distribution Chapter 7 case (creditors told not to file claims at this time).
- Appellee Mendoza filed a Notice of Bankruptcy in the Fourth Court of Appeals (san Antonio) to notify that his bankruptcy case is pending and assigned to Judge Craig A. Gargotta.
- The bankruptcy docket and petition list numerous unsecured creditors and secured creditors (mortgage, vehicle finance companies, credit card issuers); the notice also advises creditors of the automatic stay and potential limitations thereon.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effect of Mendoza's bankruptcy on pending appellate proceedings | Mendoza: bankruptcy triggers automatic stay and requires notification to the appellate court; stay may affect collection or litigation against him | Appellees/creditors: may assert exceptions to stay or argue stay limited; may seek relief from stay if necessary to proceed | Court was given notice of bankruptcy; automatic stay generally applies and the bankruptcy court is handling stay issues (notice filed to inform appellate court) |
| Automatic stay scope and duration | Mendoza: stay protects debtor/property from collection and litigation per §362; may be extended by bankruptcy court | Creditors: stay can be limited to 30 days or not apply in certain circumstances; creditors may seek relief or assert exceptions | Notice explains the stay and warns creditors against collection; limitations possible and relief available via bankruptcy court |
| Filing proofs of claim and creditor participation | Mendoza: this is a no-asset chapter 7 — creditors should not file proofs of claim now | Creditors: may prefer to preserve claim rights or monitor for assets; may request later notice to file claims if assets appear | Trustee indicated no assets expected; creditors instructed not to file proofs of claim unless a later notice says assets are available |
| Deadlines to object to discharge or exemptions; presumption of abuse | Mendoza: deadlines govern objections (2/16/2016 for discharge objections; 30 days after 341 meeting for exemptions); presumption of abuse not arising here | Creditors: may file adversary proceedings or objections within deadlines if they believe debts nondischargeable or exemptions improper | Bankruptcy notice sets and communicates these deadlines; presumption of abuse listed as not arising on the notice |
Key Cases Cited
- None cited in the documents provided (the materials are bankruptcy petition, docket entries, and administrative notices rather than an opinion citing reported authorities).