LUBBOCK, Texas (KCBD) – A Lubbock property owner had its bankruptcy case dismissed for a second time Monday, with the judge ruling the case was filed in bad faith and imposing a 180-day restriction on future filings.
Judge Brad Odell dismissed Thunder Sun Incorporated’s bankruptcy case after determining the company did not address concerns raised during the first dismissal in October. The judge cited ongoing utility issues at the company’s mobile home park near the Lubbock airport and insufficient proof of insurance for Thunder Sun’s 40-plus properties, among other concerns.
Tenants face ongoing utility problems
Austin Hughes, owner of Thunder Sun, testified that tenants on one side of the mobile home park are currently without water as plumbers work to fix a sewage issue. He also confirmed the park is without a dumpster due to non-payment, though he said he has a new company lined up.
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Adam Pirtle with Legal Aid of Northwest Texas, who represents two tenants at the park, said there are serious health and safety issues.
“There have been frequent utility shut offs for nonpayment,” Pirtle said. “Thunder Sun Inc. has not been paying utility bills even though the tenants have been doing their part.”
Pirtle said there are active tenant disconnection notices, most recently from Reliant Energy.
“This has all been kind of frozen when Thunder Sun declared bankruptcy, we are now just waiting to see what happens next,” Pirtle said. “Is Thunder Sun going to pay the bills?”
Judge expresses concern for tenants
Odell said he has great concern for the tenants who are in a tenuous position because they don’t maintain the ability to control their utilities.
Hughes testified he puts tenants first and has worked and will continue to work to address the issues. However, tenant Ida Bosque said nothing Hughes said during the hearing made her feel better about the situation.
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When asked for comment on the ruling, Hughes said he had no comment other than “the coordinated harassment and fraud that has been perpetrated about me is soon going to become public as soon as my private investigator finishes sharing his results with my attorneys.”
With foreclosures now possible, questions remain about what is next for the company and its tenants.
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