Legal Opinion
Sommers v. Aguirre (In re Santoyo)
United States Bankruptcy Court, S.D. Texas
Decided October 26, 2015No. CASE NO: 14-35005; ADVERSARY NO. 15-3095PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
Marvin Isgur, UNITED STATES BANKRUPTCY JUDGE
Gerardo Aguirre has moved for partial summary judgment over chapter 7 Trustee Ronald Sommers’ claim for declaratory judgment. The Trustee responded with a cross-motion for partial summary judgment. A genuine issue of material fact exists as to the prejudicial effect, if any, of an omission contained in Aguirre’s lien affidavit. Accordingly, all summary relief is denied, subject to an evidentiary hearing to be held on November 18 at 10:15 a.m. At the hearing, the Court will determine whether any party was prejudiced by Aguirre’s…
2Cases cited41 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Butner v. United StatesSupreme Court of the United States · 1979
- Turner v. Baylor Richardson Medical CenterCourt of Appeals for the Fifth Circuit · 2007
- City and County of San Francisco v. SheehanSupreme Court of the United States · 2015
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3Cited by3 opinions
- Sommers v. Dale (In re Dahlin)United States Bankruptcy Court, S.D. Texas · 2018
- Talen Energy Corporation and York Generation Company LLCUnited States Bankruptcy Court, S.D. Texas · 2025
- Valdes v. GHP Asset Company LLCDistrict Court, E.D. Texas · 2021