In re: Steven Gerald Papermaster v. Race the Cresting Curl, LLC and Leap of Ruleset, LLC

CourtUnited States Bankruptcy Court, W.D. Texas
DecidedMay 8, 2026
Docket25-01067
StatusUnknown

This text of In re: Steven Gerald Papermaster v. Race the Cresting Curl, LLC and Leap of Ruleset, LLC (In re: Steven Gerald Papermaster v. Race the Cresting Curl, LLC and Leap of Ruleset, LLC) is published on Counsel Stack Legal Research, covering United States Bankruptcy 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
In re: Steven Gerald Papermaster v. Race the Cresting Curl, LLC and Leap of Ruleset, LLC, (Tex. 2026).

Opinion

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Dated: May 08, 2026. Chet hpin G. Brot, CHRISTOPHER G. BRADLEY UNITED STATES BANKRUPTCY JUDGE

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION In re: § § Case No. 25-11564-CGB STEVEN GERALD § PAPERMASTER, § § Chapter 11 Debtor. RACE THE CRESTING CURL, LLCg AND LEAP OF RULESET, LLC, § Plaintiffs, : v. : Adv. No. 25-01067-CGB STEVEN GERALD § PAPERMASTER, : Defendant. §

ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT [ECE No. 15]

Introduction

In this case, the Court once again considers whether a state court judgment that awards judgment to a creditor “on its claims asserted in this cause against” the debtor had, in fact, the effect of awarding judgment on the claims asserted in the cause against the debtor. The Court once again determines that the plain text of the order says what it says. In this case, that means that the debtor’s more-than-ten- million-dollar debt to the creditors is nondischargeable.

Background

Debtor, Steven Gerald Papermaster, filed his individual chapter 11 case on October 7, 2025.1 Creditors Race the Cresting Curl, LLC (“Race”) and Leap of Ruleset, LLC (“Leap”) timely commenced this adversary proceeding objecting to the discharge of the debts owed to them by Mr. Papermaster.2 Race and Leap assert that their claims against Mr. Papermaster are nondischargeable under 11 U.S.C. §§ 523(a)(2)(A), (a)(2)(B), and (a)(19). On March 12, 2026, Race and Leap filed their Motion for Summary Judgment [ECF No. 15], seeking summary judgment on their § 523(a)(19) claim. Mr. Papermaster timely filed a response [ECF No. 18], and Race and Leap timely filed a reply [ECF No. 19]. Legal Standard

Summary judgment is appropriate when “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”3 “When seeking summary judgment, the movant bears the initial responsibility of demonstrating the absence of an issue of material fact with respect to those issues on which the movant bears the burden of proof at trial.”4 The burden then shifts to the non-moving party to “present evidence that there is a genuine issue for trial.”5 When evaluating a motion for summary judgment, courts must view the

1 Case No. 25-11564. 2 Pls.’ Compl., ECF No. 1. 3 Fed. R. Civ. P. 56(a), made applicable to this adversary proceeding through Fed. R. Bankr. P. 7056. 4 Lindsey v. Sears Roebuck and Co., 16 F.3d 616, 618 (5th Cir. 1994) (citing Celotex Corp. v. Catrett, 477 U.S. 317 (1986)). 5 Jenkins v. Jones (In re Jones), 600 B.R. 561, 565 (Bankr. W.D. Tex. 2019) (citing Celotex Corp., 477 U.S. at 323)). evidence in the light most favorable to the non-moving party.6 “Unsubstantiated assertions, improbable inferences, and unsupported speculation are not sufficient to defeat a motion for summary judgment.”7 Jurisdiction and Authority The Court has jurisdiction to hear this matter and authority to enter a final judgment. This is a core proceeding under 28 U.S.C. § 157(b)(2)(I) and is a part of the claims allowance process.8 In addition, both parties have consented to this Court entering a final judgment in this case.9 Analysis The Bankruptcy Code prohibits debtors from receiving a discharge of certain types of debt, including those emerging from the violation of securities laws. The provision is broadly drafted. Section 523(a)(19) of the Bankruptcy Code denies the discharge to any debt that “is for the violation of any of the Federal securities laws[,] . . . any of the State securities laws, or any regulation or order issued under such Federal or State securities laws; or common law fraud, deceit, or manipulation in connection with the purchase or sale of any security.” This provision was passed in the wake of the Enron scandal and was then expanded somewhat in the 2005 Bankruptcy Code amendments.10 Most items in § 523’s list of nondischargeable debts need not be liquidated before they are held to be nondischargeable, and the bankruptcy court may itself liquidate the amount of the claims as well as determining their eligibility for discharge.11 That said, if the debt has been liquidated elsewhere—for instance in a state court judgment or an arbitration award—the court will engage in a familiar collateral estoppel analysis to determine what sort of preclusive effect it should be

6 Brown v. City of Houston, Tex., 337 F.3d 539, 541 (5th Cir. 2003) (citing Daniels v. City of Arlington, 246 F.3d 500, 502 (5th Cir. 2001)). 7 Id. (collecting cases); see also Jones, 600 B.R. at 565 (quoting Davis v. Fort Bend Cnty., 765 F.3d 480, 484 (5th Cir. 2014)). 8 Stern v. Marshall, 564 U.S. 462, 499 (2011). 9 ECF Nos. 6 and 11. 10 See generally Faris v. Jafari (In re Jafari), 401 B.R. 494 (Bankr. D. Colo. 2009). 11 See generally, e.g., Morrison v. W. Builders of Amarillo, Inc. (In re Morrison), 555 F.3d 473, 478–80 (5th Cir. 2009). given, usually based on whether the relevant issues were fully and fairly litigated below.12 Section 523(a)(19) is somewhat different. On the one hand, although courts are divided on this, the provision seems to suggest that the debt must be liquidated elsewhere, not in the bankruptcy court.13 This requirement can make it somewhat harder for creditors to obtain the nondischargeable judgment because they may have to go litigate in another venue first. On the other hand, the creditor is aided by the fact that the nondischargeable debt can arise from a wide variety of sources: “any judgment, order, consent order, or decree entered in any Federal or State judicial or administrative proceeding.”14 And this language does not seem to require a full preclusion analysis (as confirmed by various decisions cited below, including the widely cited Minardi case15). This may ease creditors’ way, at times, giving force to default judgments, settlement agreements, and other writings that might not always pass a full preclusion analysis.

12 See, e.g., Wong v. Bergan (In re Bergan), No. 25-3431, 2026 WL 200775, at *3 (Bankr. S.D. Tex. Jan. 26, 2026) (“Generally, when a creditor relies on a state court judgment to show that a debt is non-dischargeable, the bankruptcy court may give preclusive effect to the state court judgment only if the elements of collateral estoppel are met.” (citing Gober v. Terra+Corp. (In re Gober), 100 F.3d 1195, 1201 (5th Cir. 1996)). 13 There is a split of authority as to whether this provision allows a bankruptcy court to liquidate a claim of this type, then deem it nondischargeable. See J. Thompson Invs., LLC v. Soderstrom (In re Soderstrom), 524 B.R. 835, 844 n.52 (Bankr. M.D. Fla. 2015) (collecting cases). Here, as the Court will detail below, Race and Leap present a valid state court judgment in their favor; this claim has already been liquidated by the state court.

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In re: Steven Gerald Papermaster v. Race the Cresting Curl, LLC and Leap of Ruleset, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-steven-gerald-papermaster-v-race-the-cresting-curl-llc-and-leap-of-txwb-2026.