Aetna Life Insurance Company v. Humble Surgical Hospital, LLC

Filing 875

OPINION on Solanji's Claim. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)

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UNITED STATES DISTRICT COURT

United States
SOUTHERN DISTRICT OF TEXAS District Court
Southern District of Texas

ENTERED
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Aetna life Insurance Company,
Plaintiff,
versus
Humble Surgical Hospital, LLC,
Defendant.

In rc
Humble Surgical Hospital, LLC,
Debtors.

ct

aI.,

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July 23, 2018
David J. Bradley, Clerk

Civil Action H-1 2.-1 2.06

Bankruptcy 17-31078
Bankruptcy 17-31079
Bankruptcy 17-31080
Bankruptcy 17-31081

Opinion on Solanji's Claim
Humble Surgical Hospital agreed to borrow money from MIS Financial. Omar
Fustok was Humble's financial director. Fustok asked his cousin, Romy Solanji of MIS
Financial, for a loan of one million dollars. MIS Financial agreed to lend Humble only
$750,000. In its agreement with MIS Financial, Humble promised (a) to repay the loan,
(b) transfer a tract ofland, and (c) assign membership interest. The Trustee says that
MIS Financial's net cash disbursement to Humble Surgical was $339,000. The claim

also says that Humble Surgical paid MIS Financial $382,000 against this debt and
deeded the land to MIS.
Solanji says that he and MIS Financial lent Humble $400,000. As the deal was
closing, Solanji says he paid Fustok $50,000 out of his personal funds and that the
remaining $ 3 50,000 was later wired from MIS to Humble. Solanji's loan was unsecured.
MIS Financial says it is owed $42,671.07 because of incomplete repayment.

Although it is unclear how much was paid to Humble, Humble's financial statements
contradict this claim and show that Humble repaid its loan with interest. Both parties
agree that MIS Financial never lent the remaining $ 350,000 of the original $750,000,
in exchange for membership interest. Humble met its obligations under MIS Financial's
claim.

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Solanji says he is owed $83,500, but he had no contract with Humble. Humble
has no obligation to Solanji. Solanji cannot receive damages for collateral, personal harm
resulting from an agreement between two companies even though he may own or work
for one of them. The objection to the third proof of claim is sustained.

Signed onJuly 23,2018, at Houston, Texas.

Lynn N. Hughes
United States DistrictJudge