Theresa Pham now owes Montgomery Capital Partners IV, LP a personal sum of $619,419.50. The Texas Sixth Court of Appeals issued this verdict on October 30, 2026, affirming a lower court’s decision that her personal guaranty for Holy Kombucha’s loans remained active during the company’s default. The total includes $500,000 in damages and $119,419.50 in pre-judgment interest, a financial burden that stems directly from a 2021 loan restructuring.
The dispute traces back to January 2021 when Montgomery Capital lent $2 million to Holy Kombucha, a Houston-based beverage maker co-owned by Pham and Leandro Bienati. When the company first defaulted, the parties signed a forbearance agreement in December 2021 that opened a new $500,000 draw facility. Pham signed a personal guaranty tied to this new facility, capping her liability at the lesser of $500,000 or the total principal advances. The original loan balance at the time stood at $2,044,544.92, a figure that would later become the pivot point of the legal battle.
Pham argued her obligation was extinguished when the draw facility was paid off in April 2022. She contended that once that specific line of credit was cleared, her personal guarantee should have terminated. Montgomery Capital rejected this view, pointing to the guarantee’s language which tied her liability to the net balance of both the original term loan and the draw facility combined. The company defaulted again in April 2024, triggering the lawsuit against Pham personally.
The appeals court scrutinized the payment history and found the total guaranteed debt never dipped below the initial threshold of $2,044,544.92. This technicality saved the lender’s claim. Pham also challenged the venue, the admission of a specific loan balance sheet, and the calculation of interest. The court dismissed these arguments, noting that Pham failed to raise the interest objection at the trial court level and had waived her venue objection by missing a procedural deadline. A dissent by Justice Jeff Rambin questioned the admissibility of the balance sheet, arguing it was created specifically for litigation rather than being a routine business record, but the majority held firm.
The judgment stands, but it is not the end of the legal skirmish. The 16 percent daily compounded interest rate will continue to accrue until the debt is satisfied. Pham’s legal team has not yet announced whether she will seek a writ of mandamus or appeal to the Texas Supreme Court, a process that could take another year to resolve.