Ranch Knot Realty LLC v. Fercan Kalkan, et al.

Summary

The United States Bankruptcy Court for the Southern District of Texas granted Ranch Knot Realty LLC’s motion for summary judgment on its breach-of-guaranty claim against Fercan Kalkan and Kalkan Capital Limited. The court held that the guaranty existed, was assigned to Ranch Knot, material defaults had occurred, and the defendants had failed to perform their payment obligations. The court rejected the defendants’ asserted factual issues concerning contractual capacity, a prior state-court injunction, the amount owed, and the law-of-the-case doctrine.

Holdings

1. Ranch Knot established the existence and ownership of the guaranty, the occurrence of material defaults triggering liability, and the defendants' failure or refusal to perform; the guaranty therefore entitled Ranch Knot to judgment as a matter of law.
2. The defendants failed to raise a genuine issue of material fact because their arguments were unsupported by competent summary-judgment evidence or would not affect the outcome under the governing law.
3. The law-of-the-case doctrine did not bar the bankruptcy court from considering and granting Ranch Knot's summary-judgment motion after removal.

Questions Presented

1. Whether Ranch Knot Realty conclusively established the elements of its breach-of-guaranty claim.
2. Whether the defendants raised a genuine issue of material fact concerning execution or capacity, a prior state-court temporary restraining order, the amount owed under the guaranty, or the law-of-the-case doctrine.
3. Whether the bankruptcy court could reconsider a summary-judgment motion previously filed in the removed state-court litigation.

Disposition

other