Frank R. Monroe

How Judge Monroe rules, drawn from 24 signed orders. Every observation links to the order it came from.

Judge Monroe no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Western District of Texas
Position
bankruptcy
Status
No longer serving
Appointed by
U.S. Court of Appeals for the Fifth Circuit
Education
J.D., University of Texas School of Law, 1969
Signed orders read
24

How Judge Monroe decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

A party seeking reconsideration should present genuinely new evidence or manifest error rather than recycle material available before judgment.

“such a motion is not the proper vehicle for rehashing evidence, legal theories or arguments that could have been offered or raised before the entry of judgment.”

Procedural preferences

The court treated substance rather than caption as controlling when a pro se filing sought relief from an entered judgment.

“the Debtor/Defendant’s Request for Continuance filed January 23, 2009 which the Court deemed to be a Motion to Reconsider the Summary Judgment”

Cautions

Proposed estate professionals should investigate conflicts and the factual basis of the contemplated litigation before seeking employment.

“Plus, an actual conflict of interest was created by their attempt to represent both the Debtor and Irene Allen.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Petroleum Wholesale, L.P. v. Fletcher
08-60391 / 08-06024 · 2009-04-01
Motion to reconsider summary judgment (Sandra Proffitt Fletcher) Granted

“granted under Rule 60(b)(6).”

Spillman Investment Group, Ltd. v. American Bank of Texas
05-14415 / 08-01018 · 2009-01-29
Summary judgment (Spillman Investment Group, Ltd. and guarantors) Granted

“Fire Eagle’s Senior Loan was paid in full. As such Fire Eagle has no claim either against the SIG CD or the Guarantors under their respective Guarantees.”

Summary judgment (Fire Eagle, LLC) Denied

“Because the Senior Loan has been paid in full and the debt extinguished, there is no balance due and remaining by the Guarantors on their Guarantees.”

In re Irene Elizabeth Holland
05-62762 · 2008-11-17
Objection to exemption (Chapter 7 trustee) Denied

“An Order of even date denying the Objection to the Exemption of the cash surrender value in the Prudential Life Insurance policy attributable to the Debtor’s one-quarter interest therein will be entered.”

In re Melissa Catherine Powell
08-60204 · 2008-11-06
Motion to avoid judicial lien (Melissa Catherine Powell) Granted

“The Spahrs’ lien, therefore, should be avoided in its entirety as the Debtor’s claimed exemption is totally impaired.”

Martnkim Dining, LLC v. Chaney
07-10981 / 07-01082 · 2008-10-28
Motion to alter or amend judgment (Martnkim Dining, LLC) Denied

“An Order Denying Plaintiff’s Motion will be entered of even date herewith.”

In re Austin Temporary Services, Inc.
07-11888 · 2008-10-21
Application to employ special counsel (Chapter 7 trustee) Denied

“It is not in the best interest of this Estate that the Trustee employ the Attorneys as the Court doubts they are qualified for all of the reasons set forth above.”

In re William Andrew Stack
08-11483 · 2008-10-21
Motion for rehearing (William Andrew Stack) Denied

“The Debtor’s supposed new circumstances, however, provide no new evidence that he can comply with the requirements of a Chapter 11 filing.”

Spillman Investment Group, Ltd. v. American Bank of Texas
05-14415 / 08-01018 · 2008-09-02
Motions to dismiss (Fire Eagle, LLC) Denied

“The Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted is, therefore, denied.”

Motion to sever (Fire Eagle, LLC) Denied

“The Motion to Sever is, therefore, denied.”

In re Rambo Imaging, L.L.P.
07-11190 · 2008-07-15
Motion to strike and dismiss amended petition (Rambo Imaging, L.L.P.) Granted

“No other issues need be addressed. The Amended Petition should be dismissed.”

In re Walter Lee Hall, Jr.
06-11248 / 06-10657 · 2008-07-10
Motion to proceed in forma pauperis on appeal (Walter Lee Hall, Jr.) Denied

“will be denied by separate order entered of evendate herewith.”

Martnkim Dining, LLC v. Chaney
07-10981 / 07-01082 · 2008-05-29
Adversary complaint after trial (Martnkim Dining, LLC) Denied

“A take nothing judgment of even date herewith will be entered in favor of the Defendants.”

In re Frank Henry Fehmel & Sharon Lee Fehmel
07-60831 · 2008-05-22
Objection to tools of trade exemption (Creditors and Chapter 7 trustee) Granted

“The creditors’ and trustee’s objection to the Debtors’ tools of the trade is sustained.”

Objection to homestead exemption under 522o (Creditors and Chapter 7 trustee) Denied

“The creditors’ and trustee’s objection under §522(o) is overruled.”

Objection to homestead exemption under 522p (Creditors) Granted

“The creditors’ objection under §522(p) is sustained and the Debtors’ homestead exemption is limited to $273,750.00 plus any principal reduction made by them post-petition.”

Caseload & timing

From public federal docket records for this judge.

The Holman and Zappone dockets supplied no separately classifiable express motion outcome.

A historical record

Judge Monroe no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.