Wilson v. Texas (In re Missionary Baptist Foundation of America, Inc.)

MEMORANDUM AND ORDER

BILL H. BRISTER, Bankruptcy Judge.

Robert B. Wilson, Trustee, filed complaint against Texas Department of Human Resources (“DHR”) and Texas Department of Health, after first obtaining permission1 from the Legislature to sue the State. The Trustee seeks to recover from the State of Texas the sum of $130,390.33. Nonjury trial was conducted on January 26,1982. The following summary constitutes the findings of fact required by Rule 752.

In November 1979, approximately one year prior to the time that the petition for order for relief was filed in this case, the debtor leased from…