Gold Star Construction, Inc. v. Cavu/Rock Properties Project I, LLC (In re Cavu/Rock Properties Project I, LLC)

530 B.R. 349
CourtDistrict Court, W.D. Texas
DecidedApril 21, 2015
DocketNo. 5:14-CV-00987-RP
StatusPublished
Cited by1 cases

This text of 530 B.R. 349 (Gold Star Construction, Inc. v. Cavu/Rock Properties Project I, LLC (In re Cavu/Rock Properties Project I, LLC)) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gold Star Construction, Inc. v. Cavu/Rock Properties Project I, LLC (In re Cavu/Rock Properties Project I, LLC), 530 B.R. 349 (W.D. Tex. 2015).

Opinion

MEMORANDUM AND ORDER

ROBERT L. PITMAN, District Judge.

Cavu/Rock Properties Project I, LLC (“Cavu/Rock”) is a debtor in Chapter 11 bankruptcy proceedings (the “Bankruptcy Proceeding”) before the United States Bankruptcy Court for the Western District of Texas, San Antonio Division (the “Bankruptcy Court”). Cavu/Rock brought an adversary proceeding against Gold Star Construction, Inc. (“Gold Star”) seeking a judgment from the Bankruptcy Court declaring Gold Star’s hen in certain real property void and disallowing Gold Star’s claim in the bankruptcy proceeding (the “Adversary Proceeding”). In its Memorandum Opinion on Plaintiffs Complaint to Avoid Lien and Objection to Claim dated August 27, 2014 (the “Memorandum Opinion”), the Bankruptcy Court entered final judgment in the Adversary Proceeding, declaring Gold Star’s lien invalid and its claim unsecured under. 11 U.S.C. § 506. This proceeding is an appeal from that judgment.

[353]*353Before this Court are Appellant/Cross-Appellee Gold Star’s Brief, filed November 5, 2014 (Clerk’s Dkt. # 9), Appellee/Cross-Appellant Cavu/Rock’s Brief, filed January 22, 2015 (Clerk’s Dkt. #19), Appel-lanVCross-Appellee Gold Star’s Responsive Brief, filed February 20, 2015 (Clerk’s Dkt. #24) and Appellee/Cross-Appellant Cavu/Rock’s Responsive Brief, filed March 6, 2015 (Clerk’s Dkt. # 25). Having carefully considered the briefs and responses, the record and applicable law, the Court concludes that the bankruptcy court’s rulings and final judgment should be affirmed for the following reasons.

FACTUAL BACKGROUND

Cavu/Rock owns a residential housing development in Bakersfield, California (the “Property”). Cavu/Rock and Gold Star entered into a development agreement dated March 25, 2008 (the “Development Agreement”) pursuant to which Gold Star would act as the general contractor to develop the Property. The Development Agreement expressly provides “[Njothing in this Agreement shall be construed, deemed or interpreted by the parties or any third person to create the relationship of principal and agent or of partnership, joint venture or any other association other than that of debtor-creditor between the parties.”

In accordance with the Development Agreement, Gold Star commenced construction of curbs, gutters and streets for, and built homes on, the Property. When Cavu/Rock became delinquent in its payments under the Development Agreement, Gold Star recorded in the Official Records of Kern County, California a mechanic’s lien on the Property in the amount of $1,084,950.90 (the “Mechanic’s Lien”). Gold Star subsequently filed suit against Cavu/Rock in the Superior Court of the State of California, County of Kern, Metropolitan Division for breach of contract and enforcement of mechanic’s lien, among other claims, which lawsuit was stayed when Cavu/Rock filed its Chapter 11 bankruptcy petition.

Gold Star filed a Proof of Claim in Cavu/ Rock’s bankruptcy proceeding for $753,382.29, secured by Gold Star’s mechanic’s lien. Cavu/Rock brought the Adversary Proceeding seeking a judgment from the Bankruptcy Court declaring Gold Star’s lien void and disallowing Gold Star’s claim. On March 14, 2014, Cavu/Rock filed a Motion for Partial Summary Judgment asking for a finding from the Bankruptcy Court that any claim Gold Star may have against Cavu/Rock is unsecured pursuant to 11 U.S.C. § 506, which motion was granted on May 21, 2014. Following a trial, the Bankruptcy Court issued its Memorandum Opinion on August 27, 2014, finding Gold Star’s lien invalid and of no effect, and Gold Star’s,claim allowable albeit unsecured in the amount of $743,382.29. Both parties appeal the Bankruptcy Court’s judgment..

On appeal, Gold Star asserts the Bankruptcy Court erred by: (1) denying Gold Star’s Motion to Transfer Venue; (2) failing to apply the doctrine of judicial estop-pel with respect to Cavu/Rock’s position on the value of the Property; (3) failing to apply the doctrine of res judicata with respect to Cavu/Rock’s presentation of evidence on the value of the Property; and (4) finding Gold Star’s lien to be invalid and of no effect. Cavu/Rock asserts on appeal that the Bankruptcy Court erred in: (1) finding Gold Star holds an allowed, unsecured claim in the amount of $743,382.29; and (2) denying Cavu/Rock attorney’s fees and costs.

STANDARD OF REVIEW

The Bankruptcy Court’s findings of fact are reviewed for clear error and its [354]*354conclusions of law de novo. Century Indem. Co. v. NGC Settlement Trust (In re Nat’l Gypsum Co.), 208 F.3d 498, 504 (5th Cir.2000); In the Matter of Coston, 987 F.2d 1096, 1099 (5th Cir.1992). A finding of fact is clearly erroneous when “although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” Anderson v. City of Bessemer City, 470 U.S. 564, 573, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985) (quoting United States v. United States Gypsum, Co., 333 U.S. 364, 395, 68 S.Ct. 525, 92 L.Ed. 746 (1948)).

ANALYSIS

Gold Star’s Issues on Appeal

Motion to Transfer Venue.

Gold Star asserts on appeal the Bankruptcy Court abused its discretion by denying Gold Star’s motion to transfer venue to the Eastern District of California pursuant to Federal Rule of Bankruptcy Procedure 1014 and 28 U.S.C. § 1412. Gold Star concedes venue was proper in the Western District of Texas, but argues the interests of justice and the.convenience of the parties weigh heavily in favor of transferring the case to the district in which the Property is located.

Under Rule 1014, if a bankruptcy petition is filed in the proper district, the court may transfer the case to any other district if it determines transfer is in the interest of justice or convenience of the parties. Fed. R. BaNkr. P. 1014(a)(1). Section 1412 provides “[A] district court may transfer a case or proceeding under title 11 to a district court for another district, in the interest of justice or for the convenience of the parties.” 28 U.S.C. § 1412. “The ‘interest of justice’ component of § 1412 is a broad and flexible standard which must be applied on a case-by-case basis. It contemplates a consideration of whether transferring venue would promote the efficient administration of the bankruptcy estate, judicial economy, timeliness, and fairness.... ” Gulf States Exploration Co. v. Manville Forest Prods. Corp. (In re Manville Forest Prods. Corp.), 896 F.2d 1384, 1391 (2nd Cir.1990).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Union Oil Co. of California v. Shaffer
563 B.R. 191 (E.D. Louisiana, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
530 B.R. 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gold-star-construction-inc-v-cavurock-properties-project-i-llc-in-re-txwd-2015.