Sam Sparks

Mahanna v. Bynum

District Court, W.D. Texas · 2011-11-28 · cited 5×

The case involved an appeal by debtors Thaine and Lisa Mahanna from a bankruptcy court's order dismissing their Chapter 11 case without prejudice after they converted from Chapter 13. The bankruptcy court cited multiple failures by the debtors to meet their obligations, such as paying fees, providing accurate information, attending meetings, and maintaining proper accounts, along with the lack of assets and the case's stalled progress. The district court affirmed the dismissal, holding that the debtors had not shown an absolute right to convert to Chapter 7 when a dismissal motion was pending, that their due process claims lacked merit, and that the order was final despite arguments based on Stern v. Marshall. The court also imposed sanctions on the debtors and their counsel for pursuing a frivolous appeal motivated in part by avoiding filing fees.

procedurebusiness & regulatory

Kan v. ONEWEST BANK, FSB

District Court, W.D. Texas · 2011-10-27 · cited 11×

This case is a foreclosure dispute in which plaintiff Kan, after defaulting on Texas properties, recorded documents purporting to reduce the secured debt to zero, substitute trustees, and reconvey the property, then sued defendant OneWest Bank challenging its authority to foreclose under a "show-me-the-note" theory and related claims. OneWest moved to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. The court granted the motion in part and denied it in part, holding that the complaint's conclusory allegations failed to satisfy Rule 8's notice requirements or the plausibility standards of Twombly and Iqbal, and that Kan's legal theories lacked support in Texas law.

propertyprocedure

Dell Marketing, L.P. v. Incompass It, Inc.

District Court, W.D. Texas · 2011-02-09 · cited 6×

This case involved a dispute between Dell Marketing, LP and Incompass IT, Inc. over an alleged unpaid debt of approximately $75,000 for Dell products purchased by Incompass as a reseller. Dell filed suit in Texas state court for breach of contract and unjust enrichment, which Incompass removed to federal court on diversity grounds while asserting lack of personal jurisdiction as a defense and filing counterclaims. After reviewing motions and supplemental briefing, the court found that Incompass lacked minimum contacts with Texas sufficient to satisfy due process for personal jurisdiction, noting that the contract's arbitration clause was illusory and Incompass had no other purposeful ties to the forum. The court therefore dismissed the case without prejudice for lack of personal jurisdiction and denied all other pending motions as moot.

business & regulatoryprocedure

In Re Arthrocare Corporation Securities Litigation

District Court, W.D. Texas · 2010-07-20 · cited 9×

Honestech, Inc. v. Sonic Solutions

District Court, W.D. Texas · 2010-07-08 · cited 15×

Fisher v. University of Texas at Austin

District Court, W.D. Texas · 2009-08-17 · cited 14×

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Sam Sparks

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