O'Connor v. Burg (In re Burg)
Decision Date | 09 June 2022 |
Docket Number | CASE NO: 19-30251,ADVERSARY NO. 19-3372 |
Citation | 641 B.R. 120 |
Parties | IN RE: Martha Anderson BURG, Debtor. Michael O'Connor, Plaintiff, v. Martha Anderson Burg, Defendant. |
Court | U.S. Bankruptcy Court — Southern District of Texas |
Gary F. Cerasuolo, Smith Cerasuolo LLP, Houston, TX, for Plaintiff Sandra G. O'Connor.
Michael C. O'Connor, O'Connor PC, Houston, TX, Mynde Shaune Eisen, Attorney at Law, Sugar Land, TX, for Plaintiff Michael O'Connor.
David L. Venable, Attorney at Law, Houston, TX, for Defendant.
Attorney Michael O'Connor removed a state court proceeding to this Court seeking determination under 11 U.S.C. § 523(a)(2)(A) as to the nondischargeability of $170,591.02 in fees earned under a contingent fee agreement for pre-petition representation of Martha Anderson Burg. Mr. O'Connor passed away before the conclusion of this adversary and Sandra G. O'Connor, Independent Executor of the Estate of Michael C. O'Connor, was substituted as plaintiff. The Court conducted a full day trial on March 22, 2022, and, at the conclusion of the trial, the court took the matter under advisement. For the forgoing reasons, the Court finds that Ms. Burg's $170,591.02 debt to Sandra G. O'Connor, Independent Executor of the Estate of Mr. O'Connor, is nondischargeable. Additionally, Sandra G. O'Connor, Independent Executor of the Estate of Michael O'Connor is awarded $56,617.75 in attorney's fees and $518.48 in expenses.
It is the Court's duty to assess and weigh the credibility of witnesses.50 At the March 22, 2022 trial, the Court heard testimony from four witnesses: (1) Mrs. O'Connor; (2) Burg; (3) Mina Uddin; and (4) Mynde Eisen. After observing the witness and listening to their testimony, the Court makes the following observations regarding the credibility of the witnesses, as set forth below.
Mrs. O'Connor is the wife of Mr. O'Connor and the Independent Executor of the Estate of Michael C. O'Connor.51 At the trial, Mrs. O'Connor responded to questions...
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