This document is a Trustee's Motion to Approve Compromise and Settlement with Defendants Robert O'Neal, Paul Ballard and Todd Hickman in an Adversary proceeding. The Trustee is seeking the court's approval of a settlement agreement between the Trustee and the Defendants that would allow portions of the Defendants' claims against the Debtor's estate and resolve all claims between the parties. Key terms of the settlement include allowing 75% of O'Neal's claim, 60% of Ballard's claim, and 60% of Hickman's claim. The Trustee believes the settlement is in the best interest of the estate to avoid costly and uncertain litigation.
A court case in which a landowner in Ohio sued to cancel a lease because the driller and the company that owns the lease have not paid any royalties since drilling. The Fifth Appellate District Court of Ohio found that because a specific provision in the original lease does not provide for cancellation due to non-payment of royalties, the landowners will have to continue to get screwed.
The district court properly dismissed Janis Carmona's complaint under the Rooker-Feldman doctrine. Janis sought to overturn state court decisions in federal district court, which does not have jurisdiction to review state court judgments. The Rooker-Feldman doctrine bars lower federal courts from reviewing state court decisions. Janis' only recourse was to appeal to the U.S. Supreme Court, which denied her petition for certiorari. The district court correctly determined it lacked subject matter jurisdiction over Janis' complaint seeking to invalidate the state court rulings.
Motion to amend judgment points & authorities- signedjamesmaredmond
This document is a motion to amend a judgment to add additional judgment debtors. It describes an underlying malpractice judgment against Stephen Gaggero for over $2 million. It details Gaggero's estate plan from 1997 whereby he transferred over $35 million in personal assets to various trusts, corporations, limited partnerships and limited liability companies. The motion argues that these entities should be added as judgment debtors as they are alter egos of Gaggero. It provides background on the entities and trusts, describes Gaggero's continued control over the assets, and argues the separate existence of the entities should be disregarded as they were created to shield Gaggero's assets from creditors like the judgment creditors in this case. The
Doc962 freeman group motion compromise & settlement_ a walk-awaymalp2009
The Trustee filed a motion seeking court approval of a compromise and settlement agreement between the Trustee and the Freeman Parties. The agreement provides that Robert Freeman and David Ward will withdraw their respective $92,500 proof of claims against the estate with prejudice, and the Trustee will dismiss the Freeman Parties from an adversary proceeding. The agreement achieves a walk-away settlement and full mutual release of claims between the parties. The Trustee believes the settlement is in the best interest of creditors and the estate by avoiding substantial time and costs of litigation, despite believing there are good objections to the proof of claims.
Plaintiff Phillip Lee Walters filed a motion to remand a negligence lawsuit back to state court that was removed to federal court by defendants Samuel Patterson and Keen Transport based on diversity jurisdiction. The plaintiff argues that removal was improper because the defendants did not establish that the amount in controversy exceeds $75,000, as is required for diversity jurisdiction. The plaintiff notes that the complaint does not specify a damages amount and contends that the defendants rely only on unsupported assumptions to claim the threshold is met rather than providing evidence, as is required. The plaintiff requests that the case be remanded back to state court due to lack of federal jurisdiction.
This appeal involves post-judgment orders from a legal malpractice case brought by Sulphur Mountain Land and Livestock Co., Malibu Broadbeach L.P., and Pacific Coast Management against Knapp, Petersen & Clarke and several individuals. The trial court granted Sulphur and Malibu's motion for attorney's fees and costs, denied the defendants' motion for fees and motion to tax costs, finding Sulphur and Malibu were the prevailing parties. The defendants appeal, arguing: 1) the trial court failed to properly determine the prevailing party under Civil Code §1717 before considering C.C.P. §998; 2) even if it had, it abused its discretion in finding Sulphur and
This document is the defendants' closing argument in response to the plaintiffs' closing argument regarding trust documents presented in a real estate dispute. It argues that the plaintiffs' claims of fraudulent conduct by the defendant are unsupported and illogical. It asserts that the trust documents in question have no relevance to the legal issues being tried, which involve the interpretation of purchase and sale agreements for two properties. The defendant argues that the plaintiffs have presented no valid legal basis to rescind the agreements and that the evidence shows the plaintiffs were unable to complete the purchase for financial reasons.
The decision by the U.S. District Court for the Southern District of Ohio. EQT had leased land from Alex Cooper, et al with an initial five-year term. The lease provided for a five-year extension. It also required EQT to drill at least one well on/under the property during the first five-year lease. EQT failed to drill a well in the first term but instead elected to extend the lease for an additional five years. The federal judge found that EQT has the right to extend the lease even if they didn't drill a well during the first term.
A court case in which a landowner in Ohio sued to cancel a lease because the driller and the company that owns the lease have not paid any royalties since drilling. The Fifth Appellate District Court of Ohio found that because a specific provision in the original lease does not provide for cancellation due to non-payment of royalties, the landowners will have to continue to get screwed.
The district court properly dismissed Janis Carmona's complaint under the Rooker-Feldman doctrine. Janis sought to overturn state court decisions in federal district court, which does not have jurisdiction to review state court judgments. The Rooker-Feldman doctrine bars lower federal courts from reviewing state court decisions. Janis' only recourse was to appeal to the U.S. Supreme Court, which denied her petition for certiorari. The district court correctly determined it lacked subject matter jurisdiction over Janis' complaint seeking to invalidate the state court rulings.
Motion to amend judgment points & authorities- signedjamesmaredmond
This document is a motion to amend a judgment to add additional judgment debtors. It describes an underlying malpractice judgment against Stephen Gaggero for over $2 million. It details Gaggero's estate plan from 1997 whereby he transferred over $35 million in personal assets to various trusts, corporations, limited partnerships and limited liability companies. The motion argues that these entities should be added as judgment debtors as they are alter egos of Gaggero. It provides background on the entities and trusts, describes Gaggero's continued control over the assets, and argues the separate existence of the entities should be disregarded as they were created to shield Gaggero's assets from creditors like the judgment creditors in this case. The
Doc962 freeman group motion compromise & settlement_ a walk-awaymalp2009
The Trustee filed a motion seeking court approval of a compromise and settlement agreement between the Trustee and the Freeman Parties. The agreement provides that Robert Freeman and David Ward will withdraw their respective $92,500 proof of claims against the estate with prejudice, and the Trustee will dismiss the Freeman Parties from an adversary proceeding. The agreement achieves a walk-away settlement and full mutual release of claims between the parties. The Trustee believes the settlement is in the best interest of creditors and the estate by avoiding substantial time and costs of litigation, despite believing there are good objections to the proof of claims.
Plaintiff Phillip Lee Walters filed a motion to remand a negligence lawsuit back to state court that was removed to federal court by defendants Samuel Patterson and Keen Transport based on diversity jurisdiction. The plaintiff argues that removal was improper because the defendants did not establish that the amount in controversy exceeds $75,000, as is required for diversity jurisdiction. The plaintiff notes that the complaint does not specify a damages amount and contends that the defendants rely only on unsupported assumptions to claim the threshold is met rather than providing evidence, as is required. The plaintiff requests that the case be remanded back to state court due to lack of federal jurisdiction.
This appeal involves post-judgment orders from a legal malpractice case brought by Sulphur Mountain Land and Livestock Co., Malibu Broadbeach L.P., and Pacific Coast Management against Knapp, Petersen & Clarke and several individuals. The trial court granted Sulphur and Malibu's motion for attorney's fees and costs, denied the defendants' motion for fees and motion to tax costs, finding Sulphur and Malibu were the prevailing parties. The defendants appeal, arguing: 1) the trial court failed to properly determine the prevailing party under Civil Code §1717 before considering C.C.P. §998; 2) even if it had, it abused its discretion in finding Sulphur and
This document is the defendants' closing argument in response to the plaintiffs' closing argument regarding trust documents presented in a real estate dispute. It argues that the plaintiffs' claims of fraudulent conduct by the defendant are unsupported and illogical. It asserts that the trust documents in question have no relevance to the legal issues being tried, which involve the interpretation of purchase and sale agreements for two properties. The defendant argues that the plaintiffs have presented no valid legal basis to rescind the agreements and that the evidence shows the plaintiffs were unable to complete the purchase for financial reasons.
The decision by the U.S. District Court for the Southern District of Ohio. EQT had leased land from Alex Cooper, et al with an initial five-year term. The lease provided for a five-year extension. It also required EQT to drill at least one well on/under the property during the first five-year lease. EQT failed to drill a well in the first term but instead elected to extend the lease for an additional five years. The federal judge found that EQT has the right to extend the lease even if they didn't drill a well during the first term.
Mark swhwartz gets_40k_for_client_vs_peter_mallonihatehassard
This order approves the settlement of a personal injury claim brought on behalf of a minor, Joseph Michael Hernandez. It approves attorney fees of $10,096, reimbursement of medical expenses of $11,279, and a total settlement of $41,667. The remaining $30,291 will be deposited in a blocked account for the minor until he turns 18. The guardian is authorized to sign settlement documents and a full release of claims.
When Plaintiff Offers for Defendants to Validate Plaintiff's "Lease" and "Cas...jamesmaredmond
This supplemental declaration was submitted by David Chatfield, an attorney representing Sulphur Mountain Land and Livestock Co. LLC, in opposition to a motion to compel further deposition of Stephen Gaggero. Chatfield states that he previously offered to show opposing counsel a document establishing Sulphur Mountain's right to lease the premises in question, without copying it, but received no response. Chatfield offered again by letter on August 26th and again received no response. The declaration aims to show Chatfield attempted to resolve the issue without further court action.
1) Plaintiff Global Merchant filed a complaint and application for pre-arbitral attachment and stay of proceedings pending arbitration against Defendant Agri Feed for breach of contract and fraud related to the sale and delivery of hay.
2) The contract between the parties contained an arbitration clause requiring the use of CIETAC for dispute resolution. It is alleged that Defendant Agri Feed forged laboratory test results to receive payment under the letter of credit for substandard hay.
3) Plaintiff argues that California law allows for pre-arbitral attachment to prevent assets from being hidden or dissipated during arbitration proceedings. The remaining issue is whether CIETAC rules providing temporary relief would supersede California law.
Doc723 motion to vacate claims & stay further proceedingmalp2009
The Chapter 11 Trustee filed a motion to vacate claims orders and stay further proceedings related to two claims filed against the bankruptcy estate. The claims, totaling $275,000 each, were based on promissory notes related to the debtor's purchase of a company called Premier. After the claims orders were entered allowing the claims in part, an indictment was filed describing how organized crime figures took control of the debtor and looted it for their personal benefit through fraudulent transactions like the one involving Premier. The indictment revealed that one of the claimants, Learned, was controlled by one of the crime figures and was used to defraud the debtor and launder money as part of the scheme.
PA Superior Court Ruling in Patricia Wright v. Misty Mountain, LLC and Shirle...Marcellus Drilling News
A ruling in an important mineral rights case in Pennsylvania, stemming from the sale of land, but not the oil and gas mineral rights, in 1950 in Bradford County, PA. The court upheld a decision that that the original mineral rights holder retained those rights even after a lease for those rights had expired.
This document summarizes testimony from Stephen Gaggero during a trial. Gaggero testified that he currently resides on a 1,500 acre ranch in Ventura County that he uses for equestrian activities, cattle grazing, and growing crops. He has lived in California his entire life. After leaving high school halfway through 10th grade, he became a licensed general contractor and built homes for others until 1985 when he began developing his own real estate projects, primarily custom single-family homes along the California coast from Malibu south. He also remodeled apartment buildings and small shopping centers that he kept in his real estate portfolio.
This order grants a motion for assignment of rights and restrains judgment debtors from certain financial activities. It assigns the judgment debtors' rights to payments (now and in the future) from various accounts, properties, lawsuits, trusts, individuals and entities to the judgment creditors until an outstanding judgment is paid in full. It also requires the judgment debtors to post an undertaking to stay enforcement of the order.
This letter requests a pre-motion conference regarding an anticipated motion to dismiss an amended complaint filed against Digicel Haiti. It summarizes that the amended complaint should be dismissed for failing to meet pleading standards under FRCP 8(a), 9(b), and 12(b)(6), and based on the act-of-state doctrine and forum non conveniens. Specifically, the letter argues that the amended complaint does not provide a short, plain statement of claims, engages in impermissible group pleading, lacks specific allegations of fraud, and requires invalidating acts of the Haitian government.
This document is a motion filed in a US bankruptcy court requesting permission to file an unredacted version of a response under seal. It summarizes that the response contains sensitive commercial information about the debtors' financial condition and restructuring negotiations. The debtors argue the information could harm ongoing negotiations and business operations if disclosed publicly. They seek to file the unredacted version under seal and make it available only to specific parties.
This document appears to be a record of legal filings and judgments in a court case between Sulphur Mountain Land and Livestock Co LLC and several other parties including John Redmond, Maureen Redmond, Geraldine Redmond, and Somerset Farms LLC. It includes filings such as proofs of service, judgments, appeals, motions, and other legal documents spanning from 2005 to 2015 regarding a renewal of judgment, claims of exemption, examinations of judgment debtors, transcripts for appeal, and more. The document provides a chronological record of legal proceedings and filings for this case over a ten year period.
The petitioning creditors filed a motion requesting permission to file redacted versions of confidential pleadings and exhibits under seal in bankruptcy proceedings against Allied Systems Holdings, Inc. and Allied Systems, Ltd. The pleadings and exhibits contain confidential commercial information from credit agreements. The motion argues that public disclosure of this confidential information would violate the credit agreements.
This document is a petition for review filed with the Supreme Court of California seeking review of two appellate court decisions related to a legal malpractice case. The petitioners (the plaintiff and additional judgment debtors from the underlying case) are asking the Supreme Court to grant review of the present matter and hold it pending the outcome of a related case also pending before the Supreme Court. If the petitioners prevail in the related case, they would be entitled to reversal of the orders in the present matter. Granting review and holding the present matter would prevent those orders from becoming final while the related case is still pending.
This appeal concerns discovery disputes in an adversary proceeding brought by Sulphur Mountain Land & Livestock, LP against John and Maureen Redmond regarding their bankruptcy filing. Sulphur Mountain had previously sued the Redmonds over a commercial lease guaranteed by their daughter. The bankruptcy court granted Sulphur Mountain's motion to compel discovery from the Redmonds and later issued terminating sanctions against them for alleged noncompliance, even though the Redmonds had produced documents and been deposed. The Redmonds are appealing these rulings.
This motion seeks to disqualify the law firm Wilson & Varner and attorney Rodney Varner from representing David Nance in litigation against the debtors Introgen Therapeutics, Inc. and Introgen Technical Services, Inc. Varner previously served as general counsel for the debtors from 1993 to 2009. The debtors have filed an adversary proceeding against Nance alleging fraudulent transfers and other claims. Wilson & Varner is now representing Nance in that proceeding and in related bankruptcy matters. The motion argues that Varner's prior representation of the debtors is substantially related to the current matters, and there is a risk that confidential information may be disclosed, in violation of ethical rules regarding conflicts of interest with former clients. The
SC Opinion and Order - motion for comtemptJRachelle
The court granted in part and denied in part the plaintiff's motion for contempt and sanctions. The court found Susan Brown, the attorney, in contempt for violating a consent order requiring her to turn over all copies of estate property. However, the court did not find Ben Thompson, Brown's former client, in contempt as there was no clear evidence he violated the order. As a sanction, the court ordered Brown to pay the plaintiff's reasonable attorney's fees and costs for bringing the contempt motion, but no other punitive sanctions. The court also ordered Brown and Thompson to turn over any remaining estate property.
MDFL - Order Denying Motion to Dismiss Trade Secret & Fraud ClaimsPollard PLLC
In this order, the United States District Court for the Middle District of Florida, Tampa Division, denies the defendants' motions to dismiss claims for breach of contract, theft of trade secrets in violation of the Defend Trade Secrets Act, 18 USC 1836 et. seq., fraud and aiding and abetting fraud.
In relevant part, the Court rejects the defendants' efforts to impose a summary judgment like burden at the pleading stage. Notable holdings include: (1) The question of whether information constitutes a trade secret is a question of fact normally resolved by a jury after full presentation of evidence. (2) A claim for misappropriation may exist not only where the defendant itself is alleged to have stolen trade secrets, but where the defendant is alleged to have obtained the trade secrets while knowing that they were acquired by improper means. (3) The allegation that a defendant induced a plaintiff to enter an NDA with no intention of honoring it states a claim for fraud in the inducement that is not barred by the independent tort doctrine.
The plaintiff is represented by Fort Lauderdale, Florida based Pollard PLLC. The firm has extensive experience litigating complex non-compete, trade secret, trademark and unfair competition claims. Their office can be reached at 954-332-2380.
The Alleged Debtors filed a motion requesting the court's permission to file an unredacted version of their Motion to Transfer Venue under seal. They argue the unredacted version contains sensitive commercial information regarding their financial condition and restructuring negotiations that could harm their business if disclosed publicly. The Alleged Debtors state they have publicly filed a redacted version, and the unredacted version would only be available to the court and specific receiving parties subject to confidentiality restrictions. They believe this balancing of interests appropriately protects their sensitive information while still allowing for consideration of the merits of their transfer motion.
This document is an appellant's opening brief for a case in the California Court of Appeal regarding a trust. Robert Quick (the appellant) alleges that Andrea Pearson (the respondent), as trustee, breached the trust by concealing its existence from him and failing to provide him distributions as a beneficiary. The brief argues that Quick sufficiently alleged facts to state a cause of action and overcome defenses of statute of limitations and laches. It maintains the trial court erred in sustaining Pearson's demurrer without leave to amend.
Sample motion to vacate California divorce judgment for fraud and perjuryLegalDocsPro
This sample motion to vacate a dissolution (divorce) judgment in California on the grounds of fraud and perjury is filed pursuant to the provisions of California Family Code sections 2122(a) and (b). This sample can also be used to vacate a legal separation or nullity judgment in California as well. The sample on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration.
The court appoints a receiver to enforce a judgment against several judgment debtors. The receiver is given broad powers to investigate and take control of the debtors' assets and records. This includes investigating properties, business interests, bank accounts, transfers of assets, and employment of agents. The debtors are ordered to turn over financial documents and records to the receiver and are prohibited from interfering with the receiver or disposing of assets.
This document summarizes a court case between First American Title Insurance Company, Winnebago County Title Company, and TCF Bank regarding a mortgage on a property owned by Patricia Bartholomew. TCF Bank held the first mortgage on the property as a revolving line of credit. Winnebago acted as an agent in a second mortgage taken out by Bartholomew. Winnebago paid off the TCF Bank mortgage but TCF did not release its lien. Bartholomew then took out more funds through the revolving credit and defaulted. The court found that TCF Bank was not legally required to release the lien until the revolving credit was cancelled by Bartholomew. However
Doc1039 motion granted robert oneil_paul ballard_todd hickman_seeking approva...malp2009
The United States Bankruptcy Court for the Northern District of Texas approved the Chapter 11 Trustee's motion to settle disputes in an adversary case. The Trustee sought approval of a settlement with defendants Robert O'Neal, Paul Ballard, and Todd Hickman. No objections were filed. The court found it had jurisdiction and that the settlement was in the best interests of the bankruptcy estate, creditors, and other parties. The court approved the settlement agreement between the Trustee and defendants and authorized the Trustee to take actions to implement the settlement.
Mark swhwartz gets_40k_for_client_vs_peter_mallonihatehassard
This order approves the settlement of a personal injury claim brought on behalf of a minor, Joseph Michael Hernandez. It approves attorney fees of $10,096, reimbursement of medical expenses of $11,279, and a total settlement of $41,667. The remaining $30,291 will be deposited in a blocked account for the minor until he turns 18. The guardian is authorized to sign settlement documents and a full release of claims.
When Plaintiff Offers for Defendants to Validate Plaintiff's "Lease" and "Cas...jamesmaredmond
This supplemental declaration was submitted by David Chatfield, an attorney representing Sulphur Mountain Land and Livestock Co. LLC, in opposition to a motion to compel further deposition of Stephen Gaggero. Chatfield states that he previously offered to show opposing counsel a document establishing Sulphur Mountain's right to lease the premises in question, without copying it, but received no response. Chatfield offered again by letter on August 26th and again received no response. The declaration aims to show Chatfield attempted to resolve the issue without further court action.
1) Plaintiff Global Merchant filed a complaint and application for pre-arbitral attachment and stay of proceedings pending arbitration against Defendant Agri Feed for breach of contract and fraud related to the sale and delivery of hay.
2) The contract between the parties contained an arbitration clause requiring the use of CIETAC for dispute resolution. It is alleged that Defendant Agri Feed forged laboratory test results to receive payment under the letter of credit for substandard hay.
3) Plaintiff argues that California law allows for pre-arbitral attachment to prevent assets from being hidden or dissipated during arbitration proceedings. The remaining issue is whether CIETAC rules providing temporary relief would supersede California law.
Doc723 motion to vacate claims & stay further proceedingmalp2009
The Chapter 11 Trustee filed a motion to vacate claims orders and stay further proceedings related to two claims filed against the bankruptcy estate. The claims, totaling $275,000 each, were based on promissory notes related to the debtor's purchase of a company called Premier. After the claims orders were entered allowing the claims in part, an indictment was filed describing how organized crime figures took control of the debtor and looted it for their personal benefit through fraudulent transactions like the one involving Premier. The indictment revealed that one of the claimants, Learned, was controlled by one of the crime figures and was used to defraud the debtor and launder money as part of the scheme.
PA Superior Court Ruling in Patricia Wright v. Misty Mountain, LLC and Shirle...Marcellus Drilling News
A ruling in an important mineral rights case in Pennsylvania, stemming from the sale of land, but not the oil and gas mineral rights, in 1950 in Bradford County, PA. The court upheld a decision that that the original mineral rights holder retained those rights even after a lease for those rights had expired.
This document summarizes testimony from Stephen Gaggero during a trial. Gaggero testified that he currently resides on a 1,500 acre ranch in Ventura County that he uses for equestrian activities, cattle grazing, and growing crops. He has lived in California his entire life. After leaving high school halfway through 10th grade, he became a licensed general contractor and built homes for others until 1985 when he began developing his own real estate projects, primarily custom single-family homes along the California coast from Malibu south. He also remodeled apartment buildings and small shopping centers that he kept in his real estate portfolio.
This order grants a motion for assignment of rights and restrains judgment debtors from certain financial activities. It assigns the judgment debtors' rights to payments (now and in the future) from various accounts, properties, lawsuits, trusts, individuals and entities to the judgment creditors until an outstanding judgment is paid in full. It also requires the judgment debtors to post an undertaking to stay enforcement of the order.
This letter requests a pre-motion conference regarding an anticipated motion to dismiss an amended complaint filed against Digicel Haiti. It summarizes that the amended complaint should be dismissed for failing to meet pleading standards under FRCP 8(a), 9(b), and 12(b)(6), and based on the act-of-state doctrine and forum non conveniens. Specifically, the letter argues that the amended complaint does not provide a short, plain statement of claims, engages in impermissible group pleading, lacks specific allegations of fraud, and requires invalidating acts of the Haitian government.
This document is a motion filed in a US bankruptcy court requesting permission to file an unredacted version of a response under seal. It summarizes that the response contains sensitive commercial information about the debtors' financial condition and restructuring negotiations. The debtors argue the information could harm ongoing negotiations and business operations if disclosed publicly. They seek to file the unredacted version under seal and make it available only to specific parties.
This document appears to be a record of legal filings and judgments in a court case between Sulphur Mountain Land and Livestock Co LLC and several other parties including John Redmond, Maureen Redmond, Geraldine Redmond, and Somerset Farms LLC. It includes filings such as proofs of service, judgments, appeals, motions, and other legal documents spanning from 2005 to 2015 regarding a renewal of judgment, claims of exemption, examinations of judgment debtors, transcripts for appeal, and more. The document provides a chronological record of legal proceedings and filings for this case over a ten year period.
The petitioning creditors filed a motion requesting permission to file redacted versions of confidential pleadings and exhibits under seal in bankruptcy proceedings against Allied Systems Holdings, Inc. and Allied Systems, Ltd. The pleadings and exhibits contain confidential commercial information from credit agreements. The motion argues that public disclosure of this confidential information would violate the credit agreements.
This document is a petition for review filed with the Supreme Court of California seeking review of two appellate court decisions related to a legal malpractice case. The petitioners (the plaintiff and additional judgment debtors from the underlying case) are asking the Supreme Court to grant review of the present matter and hold it pending the outcome of a related case also pending before the Supreme Court. If the petitioners prevail in the related case, they would be entitled to reversal of the orders in the present matter. Granting review and holding the present matter would prevent those orders from becoming final while the related case is still pending.
This appeal concerns discovery disputes in an adversary proceeding brought by Sulphur Mountain Land & Livestock, LP against John and Maureen Redmond regarding their bankruptcy filing. Sulphur Mountain had previously sued the Redmonds over a commercial lease guaranteed by their daughter. The bankruptcy court granted Sulphur Mountain's motion to compel discovery from the Redmonds and later issued terminating sanctions against them for alleged noncompliance, even though the Redmonds had produced documents and been deposed. The Redmonds are appealing these rulings.
This motion seeks to disqualify the law firm Wilson & Varner and attorney Rodney Varner from representing David Nance in litigation against the debtors Introgen Therapeutics, Inc. and Introgen Technical Services, Inc. Varner previously served as general counsel for the debtors from 1993 to 2009. The debtors have filed an adversary proceeding against Nance alleging fraudulent transfers and other claims. Wilson & Varner is now representing Nance in that proceeding and in related bankruptcy matters. The motion argues that Varner's prior representation of the debtors is substantially related to the current matters, and there is a risk that confidential information may be disclosed, in violation of ethical rules regarding conflicts of interest with former clients. The
SC Opinion and Order - motion for comtemptJRachelle
The court granted in part and denied in part the plaintiff's motion for contempt and sanctions. The court found Susan Brown, the attorney, in contempt for violating a consent order requiring her to turn over all copies of estate property. However, the court did not find Ben Thompson, Brown's former client, in contempt as there was no clear evidence he violated the order. As a sanction, the court ordered Brown to pay the plaintiff's reasonable attorney's fees and costs for bringing the contempt motion, but no other punitive sanctions. The court also ordered Brown and Thompson to turn over any remaining estate property.
MDFL - Order Denying Motion to Dismiss Trade Secret & Fraud ClaimsPollard PLLC
In this order, the United States District Court for the Middle District of Florida, Tampa Division, denies the defendants' motions to dismiss claims for breach of contract, theft of trade secrets in violation of the Defend Trade Secrets Act, 18 USC 1836 et. seq., fraud and aiding and abetting fraud.
In relevant part, the Court rejects the defendants' efforts to impose a summary judgment like burden at the pleading stage. Notable holdings include: (1) The question of whether information constitutes a trade secret is a question of fact normally resolved by a jury after full presentation of evidence. (2) A claim for misappropriation may exist not only where the defendant itself is alleged to have stolen trade secrets, but where the defendant is alleged to have obtained the trade secrets while knowing that they were acquired by improper means. (3) The allegation that a defendant induced a plaintiff to enter an NDA with no intention of honoring it states a claim for fraud in the inducement that is not barred by the independent tort doctrine.
The plaintiff is represented by Fort Lauderdale, Florida based Pollard PLLC. The firm has extensive experience litigating complex non-compete, trade secret, trademark and unfair competition claims. Their office can be reached at 954-332-2380.
The Alleged Debtors filed a motion requesting the court's permission to file an unredacted version of their Motion to Transfer Venue under seal. They argue the unredacted version contains sensitive commercial information regarding their financial condition and restructuring negotiations that could harm their business if disclosed publicly. The Alleged Debtors state they have publicly filed a redacted version, and the unredacted version would only be available to the court and specific receiving parties subject to confidentiality restrictions. They believe this balancing of interests appropriately protects their sensitive information while still allowing for consideration of the merits of their transfer motion.
This document is an appellant's opening brief for a case in the California Court of Appeal regarding a trust. Robert Quick (the appellant) alleges that Andrea Pearson (the respondent), as trustee, breached the trust by concealing its existence from him and failing to provide him distributions as a beneficiary. The brief argues that Quick sufficiently alleged facts to state a cause of action and overcome defenses of statute of limitations and laches. It maintains the trial court erred in sustaining Pearson's demurrer without leave to amend.
Sample motion to vacate California divorce judgment for fraud and perjuryLegalDocsPro
This sample motion to vacate a dissolution (divorce) judgment in California on the grounds of fraud and perjury is filed pursuant to the provisions of California Family Code sections 2122(a) and (b). This sample can also be used to vacate a legal separation or nullity judgment in California as well. The sample on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration.
The court appoints a receiver to enforce a judgment against several judgment debtors. The receiver is given broad powers to investigate and take control of the debtors' assets and records. This includes investigating properties, business interests, bank accounts, transfers of assets, and employment of agents. The debtors are ordered to turn over financial documents and records to the receiver and are prohibited from interfering with the receiver or disposing of assets.
This document summarizes a court case between First American Title Insurance Company, Winnebago County Title Company, and TCF Bank regarding a mortgage on a property owned by Patricia Bartholomew. TCF Bank held the first mortgage on the property as a revolving line of credit. Winnebago acted as an agent in a second mortgage taken out by Bartholomew. Winnebago paid off the TCF Bank mortgage but TCF did not release its lien. Bartholomew then took out more funds through the revolving credit and defaulted. The court found that TCF Bank was not legally required to release the lien until the revolving credit was cancelled by Bartholomew. However
Doc1039 motion granted robert oneil_paul ballard_todd hickman_seeking approva...malp2009
The United States Bankruptcy Court for the Northern District of Texas approved the Chapter 11 Trustee's motion to settle disputes in an adversary case. The Trustee sought approval of a settlement with defendants Robert O'Neal, Paul Ballard, and Todd Hickman. No objections were filed. The court found it had jurisdiction and that the settlement was in the best interests of the bankruptcy estate, creditors, and other parties. The court approved the settlement agreement between the Trustee and defendants and authorized the Trustee to take actions to implement the settlement.
This document provides notice of Patriot Coal Corporation's motion seeking court approval to conduct rights offerings as part of its chapter 11 reorganization plan. Specifically, the motion seeks authorization to enter into a backstop purchase agreement with certain funds to ensure sufficient proceeds are raised in the rights offerings. The rights offerings will allow eligible creditors to purchase new senior secured notes and warrants. The motion also seeks approval of the proposed rights offerings procedures. Objections to the motion are due by October 30, with a hearing scheduled for November 6.
This case involves a dispute over entitlement to a partial refund of a special assessment paid into a fund to repair defects in a condominium building. The previous owners, who paid the special assessment, sold the property to the current owners. After the repairs were completed, there was a refund remaining in the fund. Both the previous and current owners claimed entitlement to the refund. The court found that the sale contract between the parties implicitly allocated the risk of any refund or future assessment to the purchasers. As such, the court ruled that the current owners were entitled to the refund as there was a valid contract between the parties providing a juristic reason for the enrichment.
Dismissal of Power.com's Suit Against FacebookEric Eldon
This order grants Facebook's motion to dismiss Power Ventures' counter-complaint and strike affirmative defenses. The court found Power Ventures' pleading lacked specificity and factual allegations to support its antitrust and other claims. Power Ventures is given 30 days leave to amend its pleading. The hearing on the motions is vacated.
This document is an objection filed by the United States Trustee to motions filed by Petitioning Creditors and Alleged Debtors to seal certain documents filed with the court. The U.S. Trustee does not oppose sealing documents pending a ruling on whether the bankruptcy cases will proceed, but argues that any sealing should end if the court finds cause to open bankruptcy cases, as the information would then become public. The U.S. Trustee asserts that bankruptcy law favors public disclosure of information relevant to creditors and parties in interest.
This document is a letter from Plaintiffs' counsel opposing a motion to dismiss from Defendant Unigestion Holding. The letter argues that the complaint provides sufficient details about Unigestion's involvement in an alleged conspiracy to illegally impose fees on phone calls and money transfers to Haiti in violation of antitrust laws. The letter cites evidence from a New York Times article and videos showing an agreement was made between Unigestion and other defendants to fix prices. The letter also argues the complaint meets pleading standards and that dismissal would be improper at this stage.
- Cordillera Golf Club, LLC filed for Chapter 11 bankruptcy and sought to retain PricewaterhouseCoopers LLP as its financial advisor.
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FLSA Litigation - Federal Court - MDFL Tampa - Fee Entitlement & MootnessPollard PLLC
Lawyers in FLSA cases and particularly on the defense side should view this as a cautionary tale: Tendering a check for the wages at issue does not moot the plaintiff's claim. FLSA claims are live until there is a judgment or a settlement approved by the court. And plaintiffs DO get their fees for litigating over the issue of attorneys' fees.
Simply put: A legitimate FLSA case, a skilled attorney on the plaintiff side, and defense counsel who do not understand the applicable legal framework make for disastrous results.
RK Associates, Raanan Katz Were Alleged In Unlawful Ejectment In Miamirkcenters
Defendants do not dispute, that security guards threw Plaintiffs off the property and that RK Associates and MWI changed the locks on the bank branch's office doors. Furthermore, Plaintiffs allege conversion of their remaining personal property by RK Associates and MWI after they were escorted from the premises. Judging from the record, the Court finds that there is a possibility that Plaintiffs can establish a cause of action against the resident defendant. Triggs, 154 F.3d at 1287. At the very least, Plaintiffs have a possibility of stating a viable cause of action against the landlord RK Associates for conversion of their equipment and for unlawful ejectment. Defendants themselves note that joinder is deemed legitimate when such possibility exists.
Motion To Dismiss Raanan Katz Copyright Lawsuitrkcenters
Miami Heat minority owner Raanan Katz does not appreciate the photo of himself circulating on the internet, so he is suing Google and a Miami blogger for refusing to take it down.
And Raanan Katz, RK Centers Owner, apparently has enough money to sue anybody else who posts the photo.
This document is a motion filed in bankruptcy court seeking approval of a compromise and settlement agreement between the trustee and Jack Roubinek. The trustee alleges Roubinek served on the debtor's board of directors and participated in wrongdoing that led to the lawsuit. The agreement provides for Roubinek to withdraw his $13,632 proof of claim against the estate and dismiss his counterclaim, while the trustee will dismiss claims against Roubinek. The trustee believes the settlement is in the best interest of the estate to avoid litigation costs, despite thinking he has a strong case, due to potential collection issues. The motion requests the court approve the settlement agreement between the parties.
This document is an application filed by Cordillera Golf Club, LLC (the "Debtor") in the United States Bankruptcy Court for the District of Delaware seeking approval to retain the law firm Foley & Lardner LLP ("Foley") as its general bankruptcy counsel. The application provides background on the Debtor's Chapter 11 bankruptcy filing and requests that the retention of Foley be approved nunc pro tunc to the petition date to represent the Debtor in the bankruptcy case. It describes Foley's qualifications and experience in bankruptcy matters and outlines the services Foley will provide and its proposed compensation structure including hourly billing rates.
This document is an application filed by Cordillera Golf Club, LLC (the "Debtor") requesting that the Court approve the retention of Foley & Lardner LLP ("Foley") as the Debtor's general bankruptcy counsel. The application provides background on the Debtor's Chapter 11 bankruptcy filing and describes Foley's qualifications to serve as counsel. It also discloses Foley's prior representation of the Debtor as well as certain affiliates, and requests authorization for Foley to continue representing those parties in unrelated matters, provided there is no conflict with the bankruptcy case. Notice of the application will be provided to key parties, and the Debtor requests approval of Foley's retention nunc pro tunc to the
Fall 2010 open memo assignment no doubt v. activision right of publicity cali...Lyn Goering
This document is a court order granting the plaintiff's application to remand a case back to state court from federal court. The plaintiff had filed a complaint against the defendant in state court for claims related to the use of the plaintiff's likeness in a video game. The defendant removed the case to federal court, arguing the claims were preempted by federal copyright law. The court analyzed the relevant legal standards for removal and copyright preemption. Applying a two-part test, the court determined the plaintiff's claims were not preempted as they involved misappropriation of the plaintiff's name and likeness beyond what was agreed to, rather than contesting the defendant's copyright. The court therefore granted the application to remand the case back to
The trustee filed a motion seeking court approval of a compromise and settlement agreement between the trustee and William Handley. Under the agreement, Handley will withdraw his $2.6 million proof of claim against the bankruptcy estate, and the trustee will dismiss claims against Handley that were pleaded in an adversary proceeding. The trustee believes the settlement is in the best interest of the estate as it provides certainty and avoids costly litigation, even though the trustee believes he has a strong claim, while Handley contends he has strong defenses. The trustee is requesting the court approve the compromise and settlement agreement.
This document discusses proper valuation and exemption of property in consumer bankruptcy cases. It notes that accurately disclosing and claiming exemptions for assets like a home or car is important to allow the debtor to keep those assets after bankruptcy. The document provides guidance on properly valuing and exempting different types of assets, like real property, vehicles, and legal claims or lawsuits. It examines court rulings on issues like how appreciation in an asset's value after filing affects exemptions, and the level of detail and specificity required to disclose potential legal claims. The document emphasizes that full disclosure, with clear explanations of valuations, helps prevent issues with judicial estoppel or objections to discharge down the road.
This document is a memorandum in support of a motion in limine regarding the effect of Senate Bill 814 on the parties' agreement concerning defense counsel. It argues that SB 814's independent counsel provisions do not apply in this case for two reasons: 1) The insurance policies give Continental the right to control the defense, triggering the savings clause in SB 814, and 2) The parties previously agreed that Bingham would serve as defense counsel within the traditional tripartite relationship, not as independent counsel, so applying SB 814 would contradict this existing agreement. The memorandum also contends that even if SB 814 did apply, it does not allow Schnitzer to select counsel or pay out-of-forum rates that exceed what is
King county-superior-court-order-on-rha-v-city-of-seattle-22421Roger Valdez
This order denies the plaintiffs' motion for summary judgment and grants the defendant's cross-motion for summary judgment. It finds that the three Seattle ordinances establishing defenses to eviction due to financial hardship during COVID-19 do not conflict with state law and are therefore not preempted. While the ordinance provision staying late fees is preempted, the rest can be harmonized with state eviction statutes as establishing substantive defenses rather than conflicting with the statutes' procedural framework. Controlling Washington precedent has established that the state eviction laws provide only procedures, not substantive rights, so local governments can permissibly provide additional defenses.
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Greetings,
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NewBase 20 June 2024 Energy News issue - 1731 by Khaled Al Awadi
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Founder & S.Editor - NewBase Energy
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MS & BS Mechanical Engineering (HON), USAGreetings,
Hawk Energy is pleased to present you with the latest energy news
NewBase 20 June 2024 Energy News issue - 1731 by Khaled Al Awadi
Regards.
Founder & S.Editor - NewBase Energy
Khaled M Al Awadi, Energy Consultant
MS & BS Mechanical Engineering (HON), USAGreetings,
Hawk Energy is pleased to present you with the latest energy news
NewBase 20 June 2024 Energy News issue - 1731 by Khaled Al Awadi
Regards.
Founder & S.Editor - NewBase Energy
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MS & BS Mechanical Engineering (HON), USAGreetings,
Hawk Energy is pleased to present you with the latest energy news
NewBase 20 June 2024 Energy News issue - 1731 by Khaled Al Awadi
Regards.
Founder & S.Editor - NewBase Energy
Khaled M Al Awadi, Energy Consultant
MS & BS Mechanical Engineering (HON), USAGreetings,
Hawk Energy is pleased to present you with the latest energy news
NewBase 20 June 2024 Energy News issue - 1731 by Khaled Al Awadi
Regards.
Founder & S.Editor - NewBase Energy
Khaled M Al Awadi, Energy Consultant
MS & BS Mechanical Engineering (HON), USAGreetings,
Hawk Energy is pleased to present you with the latest energy news
NewBase 20 June 2024 Energy News issue - 1731 by Khaled Al Awadi
Regards.
Founder & S.Editor - NewBase Energy
Khaled M Al Awadi, Energy Consultant
MS & BS Mechanical Engineering (HON), USA
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L'indice de performance des ports à conteneurs de l'année 2023SPATPortToamasina
Une évaluation comparable de la performance basée sur le temps d'escale des navires
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Comme dans les éditions précédentes de l'ICPP, la production du classement fait appel à deux approches méthodologiques différentes : une approche administrative, ou technique, une méthodologie pragmatique reflétant les connaissances et le jugement des experts ; et une approche statistique, utilisant l'analyse factorielle (AF), ou plus précisément la factorisation matricielle. L'utilisation de ces deux approches vise à garantir que le classement des performances des ports à conteneurs reflète le plus fidèlement possible les performances réelles des ports, tout en étant statistiquement robuste.
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Doc1037 robert oneil paul ballard_todd hickman_seeking approval_settlement & compromise
1. TRUSTEE’S MOTION TO APPROVE COMPROMISE AND SETTLEMENT PAGE 1 OF 6
4829-3998-8518
Jeffrey M. Tillotson, P.C. (jmt@lynnllp.com)
Texas Bar No. 20039200
Eric W. Pinker, P.C. (epinker@lynnllp.com)
Texas Bar No. 16016550
John Volney (jvolney@lynnllp.com)
Texas Bar No. 24003118
LYNN TILLOTSON PINKER &COX, L.L.P.
2100 Ross Avenue, Suite 2700
Dallas, Texas 75201
(214) 981-3800 Telephone
(214) 981-3839 Facsimile
ATTORNEYS FOR PLAINTIFF
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
IN RE: § CASE NO. 09-33918-HDH
FIRSTPLUS FINANCIAL GROUP, INC. § Chapter 11
§
Debtor. §
§
______________________________________________________________________________
TRUSTEE’S MOTION TO APPROVE COMPROMISE AND SETTLEMENT
WITH DEFENDANTS ROBERT O’NEAL, PAUL BALLARD AND TODD HICKMAN
IN ADVERSARY NO. 11-03397-HDH
______________________________________________________________________________
NO HEARING WILL BE CONDUCTED HEREON UNLESS A WRITTEN RESPONSE
IS FILED WITH THE CLERK OF THE UNITED STATES BANKRUPTCY COURT AT
1100 COMMERCE STREET, ROOM 1254, DALLAS, TEXAS 75242 BEFORE CLOSE
OF BUSINESS ON SEPTEMBER 8, 2015, WHICH IS AT LEAST 24 DAYS FROM THE
DATE OF SERVICE HEREOF.
ANY RESPONSE SHALL BE IN WRITING AND FILED WITH THE CLERK, AND A
COPY SHALL BE SERVED UPON COUNSEL FOR THE MOVING PARTY PRIOR TO
THE DATE AND TIME SET FORTH HEREIN. IF A RESPONSE IS FILED A
HEARING MAY BE HELD WITH NOTICE ONLY TO THE OBJECTING PARTY.
IF NO HEARING ON SUCH NOTICE OR MOTION IS TIMELY REQUESTED, THE
RELIEF REQUESTED SHALL BE DEEMED TO BE UNOPPOSED, AND THE COURT
MAY ENTER AN ORDER GRANTING THE RELIEF SOUGHT OR THE NOTICED
ACTION MAY BE TAKEN.
Case 09-33918-hdh11 Doc 1037 Filed 08/14/15 Entered 08/14/15 11:29:55 Page 1 of 19
2. TRUSTEE’S MOTION TO APPROVE COMPROMISE AND SETTLEMENT PAGE 2 OF 6
4829-3998-8518
TO THE HONORABLE HARLIN D. HALE,
UNITED STATES BANKRUPTCY JUDGE:
COMES NOW Matthew D. Orwig, the duly-appointed Chapter 11 Trustee and
Liquidating Trustee of the FirstPlus Financial Group, Inc. bankruptcy estate (the “Trustee”)
seeking this Court’s approval for the settlement and compromise of controversies between the
Trustee and Robert O’Neal (“O’Neal”), Paul Ballard (“Ballard”) and Todd Hickman
(“Hickman”) (collectively referred to as the “Defendants”) and in support of settlement, the
Trustee respectfully states as follows:
JURISDICTION AND VENUE
1. This Court has jurisdiction over the Motion pursuant to 28 U.S.C. §§ 157 and
1334. This matter is core proceeding under 28 U.S.C. § 157(b)(2). Venue is proper before this
Court pursuant to 28 U.S.C. §§ 1408 and 1409.
2. Venue is proper under 28 U.S.C. §1408 and 1409.
FACTUAL AND PROCEDURAL BACKGROUND1
3. The Debtor filed for relief under Chapter 11 of the United States Bankruptcy
Code on June 23, 2009. The Trustee was appointed on July 24, 2009.
4. No creditors’ committee was appointed in this case by the United States Trustee.
5. The Trustee commenced an adversary proceeding against a number of defendants
including O’Neal, Ballard and Hickman styled, Orwig v. Freeman, et al., Adversary No. 11-
03397-hdh, pending in this Court (the “Adversary”).
6. The Trustee subsequently filed a First Amended Complaint. In the First
Amended Complaint, as to O’Neal, the Trustee sought to: (a) equitably subordinate his claims
against the Debtor under Count XVIII; (b) avoid and recover preferential transfers under 11
1
The statements in this Motion are made pursuant to Federal Rule of Evidence 408 and in the event the settlement
proposed is not approved, the statements shall not be deemed admissions of fact by the Parties.
Case 09-33918-hdh11 Doc 1037 Filed 08/14/15 Entered 08/14/15 11:29:55 Page 2 of 19
3. TRUSTEE’S MOTION TO APPROVE COMPROMISE AND SETTLEMENT PAGE 3 OF 6
4829-3998-8518
U.S.C. §§547 and 550 under Count XIX; (c) disallow his claim under 11 U.S.C. §502(d) under
Count XX; (d) disallow his proof of claim in the amount of $117,140.00 (“Claim No. 62”) under
Count XXI; and (e) re-characterize his loans under Count XXXII.
7. In the First Amended Complaint, as to Ballard, the Trustee sought to: (a)
equitably subordinate his claims against the Debtor under Count XVIII; and (b) disallow his
claim under his proof of claim in the amount of $63,470.00 (“Claim No. 92”) under Count XXI.
8. In the First Amended Complaint, as to Hickman, the Trustee sought to: (a)
equitably subordinate his claims against the Debtor under Count XVIII; and (b) disallow his
claim under his proof of claim in the amount of $184,070.00 (“Claim Nos. 33 and 45”) under
Count XXI.
TERMS OF SETTLEMENT AGREEMENT
9. Rather than further litigating the matter, the Trustee and the Defendants have
reached a compromise and settlement of any and all issues surrounding the claims asserted in the
Adversary. The terms of the settlement are set forth in detail in the settlement agreement, a copy
of which is attached to this Motion in Exhibit “A” (the “Settlement Agreement”). The terms of
the Settlement Agreement may be summarized as follows2
and will be deemed effective within
ten (10) days from entry of the order approving the Settlement Agreement:
a. Seventy-Five (75%) percent of O’Neal’s proof of claim, Claim No. 205, in the
amount of $167,715.00 shall be allowed so that O’Neal shall be entitled to an
allowed claim of $125,786.25.
b. Sixty (60%) percent of Ballard’s claim of $63,470.00, Claim No. 92, shall be
allowed so that Ballard shall be entitled to an allowed claim of $38,082.00.
c. Sixty (60%) percent of Hickman’s claim of $88,070, Claim No. 33, shall be
allowed so that Hickman shall be entitled to an allowed claim of $52,842.00.
2
The following is a summary of the Settlement Agreement and reference should be made to the entire Settlement
Agreement for a complete description of the terms. To the extent this summary conflicts with the terms of the
Settlement Agreement, the provisions in the Settlement Agreement shall govern.
Case 09-33918-hdh11 Doc 1037 Filed 08/14/15 Entered 08/14/15 11:29:55 Page 3 of 19
4. TRUSTEE’S MOTION TO APPROVE COMPROMISE AND SETTLEMENT PAGE 4 OF 6
4829-3998-8518
d. The trustee shall file pleadings as may be necessary to obtain an order of
dismissal of all claims against Hickman, Ballard, and O’Neal within 14 days from
the entry of the Order by the Bankruptcy Court approving the settlement.
e. The Trustee Related Persons and the Defendant Related Persons shall mutually
release all claims against the other Parties.
10. Because the controversies between the Parties involve issues that would likely
take substantial time and money to resolve, the Trustee has concluded that the interests of the
estate are better served by entering into the attached Agreement. In this regard, the Trustee
believes this settlement and compromise is in the best interest of the estate taking into account
the delay, cost and uncertainty of litigating the claims.
RELIEF REQUESTED
11. The Trustee requests that the Court approve the Settlement with the Defendants
concerning the claims the estate may have against the Defendants and the claims that the
Defendants may have against the estate, pursuant to Bankruptcy Rule 9019.
12. A trustee may compromise and settle matters with court approval pursuant to Rule
9019 of the Federal Rules of Bankruptcy Procedure, which in pertinent part provides that “(o)n
motion by the trustee and after notice and a hearing, the court may approve a compromise and
settlement.” Fed. R. Bankr. P. 9019(a).
13. A court should determine that the proposed settlement is in the best interests of
the bankruptcy estate. Connecticut Gen. Life Ins. Co. v. United Cos. Fin. Corp. (In re Foster
Mortgage Corp.), 68 F.3d 914, 917 (5th
Cir. 1994). In this regard, the Fifth Circuit has
enunciated the standards applicable to a court’s evaluation of proposed settlements. The court
should compare the relative strengths and weaknesses of each party’s claims and the probability
of success for each of the parties should the claims and disputes be litigated. The court should
further evaluate (i) the complexity, expenses and likely duration of litigation, (ii) the potential
harm to the bankruptcy estate caused by the delay and cost of litigation, (iii) the possible
Case 09-33918-hdh11 Doc 1037 Filed 08/14/15 Entered 08/14/15 11:29:55 Page 4 of 19
5. TRUSTEE’S MOTION TO APPROVE COMPROMISE AND SETTLEMENT PAGE 5 OF 6
4829-3998-8518
difficulties associated with collection of any judgment which the estate may obtain, and (iv)
whether the settlement is fair and equitable to the relative benefits being obtained by the estate,
the creditors and parties in interest. Id. at 917; In re Jackson Brewing Co., 624 F.2d 599, 609 (5th
Cir. 1980); United States v. AWECO, Inc. (In re AWECO, Inc.), 725 F.2d 293 (5th
Cir. 1984).
14. When these standards are applied to the proposed Settlement, it is clearly apparent
that the settlement is in the best interest of the bankruptcy estate, its creditors, and all parties in
interest. The Settlement certainly eliminates the uncertainty surrounding the estate’s probability
of success in litigating the Adversary against the Defendants. While the Trustee might prevail if
the Adversary litigation were to continue, such litigation would be vigorously contested, costly
to the estate, and time-consuming. In that regard, this Settlement resolves complex and disputed
factual and legal issues that would arise is such litigation. The Settlement further eliminates the
estate’s need to incur costs in litigating these issues and resolves this matter which is necessary
for complete administration of the state.
15. Based upon the Trustee’s evaluation of the claims and issues involved in this
matter, the disputes and likely further costs of litigating these issues, it is his business judgment
that the Settlement is in the estate’s best interest. Accordingly, the Trustee requests that the
Court approve the Settlement on the terms and conditions set forth above.
PRAYER
WHEREFORE, the Matthew Orwig, the Trustee, respectfully requests that this Court find
that service on the attached service list is proper and that the Agreement incorporated as Exhibit
A is in the best interest of the Debtor’s estate and approve of the Agreement between the Trustee
and Robert O’Neal, Paul Ballard and Todd Hickman and for such other and further relief to
which he may be justly entitled.
Case 09-33918-hdh11 Doc 1037 Filed 08/14/15 Entered 08/14/15 11:29:55 Page 5 of 19
6. TRUSTEE’S MOTION TO APPROVE COMPROMISE AND SETTLEMENT PAGE 6 OF 6
4829-3998-8518
Date: August 14, 2015 Respectfully submitted,
/s/ John Volney
Jeffrey M. Tillotson, P.C. (jmt@lynnllp.com)
State Bar No. 20039200
Eric W. Pinker, P.C. (epinker@lynnllp.com)
State Bar No. 16016550
John Volney (jvolney@lynnllp.com
State Bar No. 24003118
LYNN TILLOTSON PINKER &COX, L.L.P.
2100 Ross Avenue, Suite 2700
Dallas, Texas 75201
Telephone: (214) 981-3800
Facsimile: (214) 981-3839
COUNSEL FOR MATTHEW D. ORWIG,
CHAPTER 11 TRUSTEE AND
LIQUIDATING TRUSTEE
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and foregoing
document has been served via ECF on counsel of record on August 14, 2015, and via United
States Mail to those not served via ECF.
/s/ John Volney
John Volney
Case 09-33918-hdh11 Doc 1037 Filed 08/14/15 Entered 08/14/15 11:29:55 Page 6 of 19
7. James L. Schutza
7920 Belt Line Road, Suite 650
Dallas, Texas 75254
Prober & Raphael, A Law
Corporation
P. O. Box 4365
Woodland Hills, CA 91365-4365
FirstPlus Financial Group, Inc.
PO Box 142979
Irving, TX 75014
Aaron Michael Kaufman
George H. Tarpley
Cox Smith Matthews , Inc.
1201 Elm St., Ste. 3300
Dallas, TX 75270
Scott F. Mascianica
Sonnenschein Nath & Rosenthal
2000 McKinney Ave., Ste 1900
Dallas, TX 75201
Jo Christine Reed
SNR Denton US LLP
1221 Avenue of the Americas
New York, NY 10020
Erin Marie Schmidt
United States Trustee
1100 Commerce Street,
Room 976
Dallas, TX 75242
William Topp Maxwell
#71944-279
Federal Detention Center
P.O. Box 562
Philadelphia, PA 19106
Internal Revenue Service
Spec. Procedures – Insolvency
P.O. Box 21126
Philadelphia, PA 19114
Hulse & Stucki
Attn: Jay R. Stucki
2912 West Story Road
Irving, TX 75038
James W. Puzey
Law Offices Of James W. Puzey
P.O. Box 70172
Reno, NV 89570
John Clarson
4200 Ranier Court
Fort Worth, TX 76109
Patrick John Hethcoat
1365 Wayne Way
San Mateo, CA 94403-1565
George H. Tarpley
Cox Smith Matthews Inc.
1201 Elm St., # 3300
Dallas, TX 75270
Eric A. Liepins
Eric A. Liepins, P.C.
12770 Coit Road, Suite 950
Dallas, TX 75251
Jerry C. Carter
Jenkins & Carter
501 Hammill Lane
Reno, NV 89511
Securities & Exchange
Commission
c/o Rose L. Romero, Reg. Dir.
Burnett Plaza, Suite 1900
801 Cherry Street, Unit 18
Fort Worth, TX 76102
Arkadiy Grinshpun
7909 Bustleton Avenue
Philadelphia, PA 19152
Firstline Mortgage v. Rutgers
c/o Robert Johnson Law Corp
34197 Pacific Coast Hwy,
Ste 100
Dana Point, CA 92629
Buckno Lisicky & Company
Attn: Tony Buckno
1524 Linden Street
Allentown, PA 18102-4251
Robert O’Neal
324 N . 23rd Street
Beaumont, TX 77707
Laurie Spindler
Huffman Linebarger, et al.
2323 Bryan Street, Suite 1600
Dallas , TX 75201
Michael A. McConnell
Kelly Hart & Hallman PC
201 Main Street, Suite 2500
Fort Worth, Texas 76102
Nathan Jenkins
Jenkins & Carter
501 Hammill Lane
Reno, NV 89511
Gary B. Freedman
7909 Bustleton Avenue
Philadelphia, PA 19152
Patton Boggs
Attn: Cass Weiland, Esq.
2000 Mckinney Ave, Suite 1700
Dallas , TX 75201
Downey Brand LLP
427 West Plumb Lane
Reno, NV 89509
Secore &Waller, LLP
Attn: Wayne M. Secore
12222 Merit Dr., # 1350
Dallas, TX 75251
Rutgers Investment
3965 Phelan Blvd, # 209
Beaumont, TX 77707-2232
Angela Dodd
Securities And Exchange Comm.
175 W Jackson Blvd, Ste 900
Chicago, IL 60604
James P. Hanson
5824 Cold Water Drive
Castro Valley, CA 94552-1807
Ronald J. Miller
772 Westray Dr.
Westerville, OH 43081
Daniel J. Sherman
Sherman & Yaquinto, LLP
509 N. Montclair Avenue
Dallas, TX 75208
Lepercq Corporate Income Fund
David Staber/Clayton Ketter
Akin Gump, et al., LLP
1700 Pacific Ave., #4100
Dallas, TX 7520 1
SERVICE LIST
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8. Daniel P. Elms/Heather Bell
Nunnally & Martin LLP
1400 One McKinney Plaza
3232 McKinney Avenue
Dallas, TX 75204-2429
Bowne of Dallas, L.P.
c/o Gail B. Price, Bronwen Price
2600 Mission St., # 206
San Marino, CA 91108
Justin L. Payne, Attorney
6777 Camp Bowie Blvd.
Suite 215
Fort Worth, TX 76116
James Hanson
Sherman & Yaquinto, L.L.P.
509 N. Montclair Avenue
Dallas, TX 75208-5498
Derrel Luce
Law Office of Derrel Luce
4600 Bosque, Suite 2B
Waco, Texas 76710
All other parties on the electronic service list.
Case 09-33918-hdh11 Doc 1037 Filed 08/14/15 Entered 08/14/15 11:29:55 Page 8 of 19
9. SETTLEMENT AND RELEASE AGREEMENT PAGE 1
1509541.1
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (the “Agreement”) is made by and between: (1)
Matthew D. Orwig, in his capacity as the duly-appointed Chapter 11 Trustee for the FirstPlus
Financial Group, Inc. bankruptcy estate (the “Estate”) of FirstPlus Financial Group, Inc. (the
“Debtor”) and as the Trustee of the FPFG Liquidating Trust (the “Trust”)(collectively, the
“Trustee”); and (2) Defendants Robert O’Neal (“O’Neal”), Paul Ballard (“Ballard”) and William
Hickman (“Hickman”) (collectively referred to as “Defendants”). The Trustee and the Defendants
shall be collectively referred to in this Agreement as the “Parties”.
RECITALS
WHEREAS:
1. On June 23, 2009, the Debtor filed for Chapter 11 Bankruptcy Protection in the
United States Bankruptcy Court for the Northern District of Texas, Case No. 09-33918-HDH (the
“Case”). Soon after the filing of the bankruptcy, the Bankruptcy Court appointed the Trustee as
Chapter 11 Trustee for the FirstPlus Financial Group, Inc. estate (the “Estate”).
2. An adversary proceeding was filed in the Bankruptcy Court on June 21, 2011,
Adversary No. 11-03397-HDH. (the “Adversary”), against a number of defendants including the
Defendants. After considering a number of motions to dismiss the Adversary Proceeding, the
Trustee filed a First Amended Complaint (“First Amended Complaint”) on April 23, 2012.
3. In the First Amended Complaint, as to O’Neal, the Trustee sought to: (a) equitably
subordinate his claims against the Debtor under Count XVIII; (b) avoid and recover preferential
transfers under 11 U.S.C. §§547 and 550 under Count XIX; (c) disallow his claim under 11 U.S.C.
§502(d) under Count XX; (d) disallow his proof of claim in the amount of $117,140.00 (“Claim No.
62”) under Count XXI; and (e) re-characterize his loans under Count XXXII.
EXHIBIT A
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10. SETTLEMENT AND RELEASE AGREEMENT PAGE 2
1509541.1
4. In the First Amended Complaint, as to Ballard, the Trustee sought to: (a) equitably
subordinate his claims against the Debtor under Count XVIII; and (b) disallow his claim under his
proof of claim in the amount of $63,470.00 (“Claim No. 92”) under Count XXI.
5. In the First Amended Complaint, as to Hickman, the Trustee sought to: (a) equitably
subordinate his claims against the Debtor under Count XVIII; and (b) disallow his claim under his
proof of claim in the amount of $184,070 (“Claim Nos. 33 and 45”) under Count XXI.
6. The Parties to this Agreement desire to avoid the expense and uncertaintyinvolved in
a protracted trial and desire to compromise, settle, and dispose of all possible claims that were
asserted or which could have been asserted in this matter.
7. For and in consideration of the recitals, terms, conditions, full mutual releases, and
agreements stated in this Agreement, and in order to compromise and settle all disputes and claims in
this matter between the Parties to this Agreement and any other persons or entities named or
described herein, the Parties hereby enter into this Agreement and agree as set forth below.
AGREEMENTS
7. Seventy-Five (75%) percent of O’Neal’s proof of claim, Claim No. 205, in the
amount of $167,715.00 shall be allowed so that O’Neal shall be entitled to an allowed claim of
$125,786.25. Sixty (60%) percent of Ballard’s claim of $63,470.00, Claim No. 92, shall be allowed
so that Ballard shall be entitled to an allowed claim of $38,082.00. Sixty (60%) percent of
Hickman’s claim of $88,070, Claim No. 33, shall be allowed so that Hickman shall be entitled to an
allowed claim $52,842.00.
8. After all Parties execute this Agreement, the Parties will file with the Bankruptcy
Court for the Northern District of Texas, Dallas Division, a Motion for Approval of the Settlement
Agreement.
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11. SETTLEMENT AND RELEASE AGREEMENT PAGE 3
1509541.1
9. Upon court approval of this Settlement Agreement, with the exception of (i) the
allowance of claims asserted by Defendants described in Paragraph 7 above, and (ii) any claims,
causes of action, demands, or liabilities arising out of this Agreement, the Trustee, on behalf of the
Debtor, the Estate, and the Liquidating Trust and their respective agents, servants, employees,
attorneys, representatives, insurers, predecessors, successors, heirs, assigns, and anyother persons or
entities which might have claims by and through the Debtor, Estate or Trust (jointly and severally
referred to herein as the “Trustee Related Persons”), hereby fully and irrevocably releases, acquits,
relinquishes, and discharges Defendants, and each of their respective agents, servants, employees,
attorneys, representatives, insurers, predecessors, successors, heirs, assigns, and anyother persons or
entities controlled directly or indirectlyby Defendants (jointlyand severallythe “Defendants Related
Persons”) of and from any and all liabilities, claims, causes of action, demands for payment, debts,
damages, obligations, costs (including costs of suit and attorneys' fees and expenses), or demands of
whatever nature, character, type, or description, whether known or unknown, direct, indirect, or
derivative, fixed or contingent, secured or unsecured, existing or potential, suspected or unsuspected,
which the Trustee Related Persons have or have asserted or may hereafter have or assert against the
Defendants Related Persons by reason of any matter or thing whatsoever arising out of or in anyway
connected with, directly or indirectly, any act or omission whatsoever arising out of or in any way
connected, directly or indirectly, with the Case, the Estate or the Adversary, any act or omission on
the part of the Defendants Related Persons. The Trustee Related Persons acknowledge that theymay
hereafter discover facts different from, or in addition to, those which they now know or believe to be
true with respect to the Released Claims and agree that the release provided by this Paragraph shall
be and remain effective in all respects notwithstanding such different or additional facts or the
discovery thereof. The Trustee Related Persons specifically recognize and acknowledge that upon
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12. SETTLEMENT AND RELEASE AGREEMENT PAGE 4
1509541.1
the execution of this Release, the Defendants Related Persons shall have no further obligation to the
Trustee Related Persons with respect to the Case, the Estate, and/or the Adversary, except as maybe
necessary to facilitate payment of any allowed claims, so that henceforth the Trustee Related Persons
shall have no claim whatsoever against the Defendants Related Parties. The release described in this
paragraph is not intended to release and does not release any other defendant(s) named in the
Adversary from any claim; and the Trustee reserves the right to continue to assert and pursue claims
against any other person or entity which may be responsible for the injuries and damages suffered by
the Trustee Related Persons, together with the right to make the claim that such other persons and
entities, and not the Defendants specifically identified in this Settlement Agreement, are solelyliable
for any injuries, losses and damages.
10. Upon court approval of this Settlement Agreement, with the exception of (i)the
allowance of claims asserted by Defendants described in Paragraph 7 above, (ii) any rights and
claims O’Neal, Ballard and Hickman may have regarding the “Shareholder Class” described in
Section 4.3(iii) in the Trustee’s First Amended Plan of Liquidation For FirstPlus Financial Group,
Inc. [Dkt, No. 601] (the “Plan”), and (iii) any claims, causes of action, demands, or liabilities arising
out of this Agreement, Defendants Related Persons hereby fully and irrevocably release, acquit,
relinquish, and discharge the Trustee Related Persons of and from any and all liabilities, claims,
causes of action, demands for payment, debts, damages, obligations, costs (including costs of suit
and attorneys’ fees and expenses), or demands of whatever nature, character, type, or description,
whether known or unknown, direct, indirect, or derivative, fixed or contingent, secured or unsecured,
existing or potential, suspected or unsuspected, which the Defendants Related Persons have or have
asserted or may hereafter have or assert against the Trustee Related Persons by reason of any matter
or thing whatsoever arising out of or in any way connected, directly or indirectly, with the Case, the
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13. SETTLEMENT AND RELEASE AGREEMENT PAGE 5
1509541.1
Estate or the Adversary, any act or omission on the part of the Trustee Related Persons. The
Defendants Related Parties acknowledge that they may hereafter discover facts different from, or in
addition to, those which they now know or believe to be true with respect to the Released Claims and
agree that the release provided by this Paragraph shall be and remain effective in all respects
notwithstanding such different or additional facts or the discovery thereof. The Defendants Related
Persons specifically recognize and acknowledge that upon the execution of this Release, the Trustee
Related Persons shall have no further obligation to the Defendants Related Persons with respect to
the Case, the Estate, and/or the Adversary, other than with respect to payment of allowed claims held
by one or more of the Defendants pursuant to the terms of the Plan, so that henceforth the Defendants
Related Persons shall have no claim whatsoever against the Trustee Related Persons.
11. The Parties each represent that none of the matters released or to be released herein
have been assigned, in whole or in part, to any other person or entity and that the Parties hold all
right, title, and interest in and to the claims they are releasing. The Parties each represent that he is
legally competent to execute and enter into this Agreement and that no signature, agreement, or
authority is necessary on behalf of the Parties in order to make this Agreement binding, save and
except for the signature and authority of the individual who executes this Agreement.
12. The Parties understand and agree that this Agreement is in full satisfaction of all
damages or claims as between the Parties. The Parties understand and agree that they will not
receive any further sums of money from the Parties in connection with such claims, except as
provided in Paragraph 7.
13. This Agreement shall be governed by, construed, and interpreted, and the rights of
the parties hereto determined, in accordance with the laws of the State of Texas.
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14. SETTLEMENT AND RELEASE AGREEMENT PAGE 6
1509541.1
14. It is expressly understood and agreed that (a) this Agreement does not constitute an
admission of liability on behalf of any of the Parties but, to the contrary, liability is expresslydenied;
and (b) this Agreement is entered into solely to avoid the expense and uncertaintyof litigation and as
a compromise of the disputed matters and shall not be taken in any proceeding of any kind as an
admission by any of the Parties.
15. This Agreement and each provision hereof is binding upon the heirs, executors,
administrators, assigns, successors, officers, directors, agents, attorneys, insurers, employees,
affiliates, partners, parents or subsidiary entities, shareholders, principals of anyof the Parties hereto.
16. The Parties hereto represent that they are executing this Agreement wholly upon
their own volition and individual judgment, belief, and knowledge and that this Agreement is made
without reliance upon any statement or representation of anyof the Parties or anyperson which is not
contained in this Agreement. The Parties declare and represent that no promise, inducement, or
agreement has been made to them other than the specific promises and agreements made in this
Agreement and that this Agreement contains all agreements and all representations by and between
the Parties. The terms of this Agreement are contractual and are not mere recitals.
17. The Parties represent that they have had this Agreement reviewed by attorneys of
their choice.
18. This Agreement may be executed in multiple counterparts, each of which shall
constitute an original of the Agreement. This Agreement is effective as of the last date of execution.
19. This Agreement maynot be modified, amended, revised, extended, supplemented, or
terminated except in a writing executed by all Parties hereto.
20. This Agreement is not intended to and shall not constitute a third-party beneficiary
contract; and no person or entity that is not a signatory hereto or is not one of the related persons or
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15. SETTLEMENT AND RELEASE AGREEMENT PAGE 7
1509541.1
entities released herein or described herein shall have any direct, indirect, or other right of action
hereon, except as expressly provided herein.
21. The Trustee shall file the necessary pleadings dismissing O’Neal, Ballard and
Hickman from the Adversary Proceeding with prejudice to the refiling of same within 14 days from
the entry of the Order by the Bankruptcy Court approving this Settlement Agreement.
IN WITNESS WHEREOF AND AGREEMENT HERETO, the Parties have executed
this Agreement on the date set forth under their respective signatures below.
(Signature pages to follow)
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16. SETTLEMENT AND RELEASE AGREEMENT PAGE 8
#4816-5582-1862
AGREED:
_______________________________
MATTHEW D. ORWIG, Trustee
Dated: _________________________
AGREED AS TO FORM:
LYNN TILLOTSON PINKER & COX, L.L.P.
By: _______________________________
John Volney
Attorney for Matthew D. Orwig, Trustee
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17. SETTLEMENT AND RELEASE AGREEMENT PAGE 9
#4816-5582-1862
AGREED:
________________________________
ROBERT O’NEAL
Dated: _________________________
AGREED AS TO FORM:
COWLES & THOMPSON, P.C.
By: ______________________________________
William L. Siegel, Attorneys for Robert O’Neal
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18. SETTLEMENT AND RELEASE AGREEMENT PAGE 10
#4816-5582-1862
AGREED:
________________________________
PAUL BALLARD
Dated: _________________________
AGREED AS TO FORM:
COWLES & THOMPSON, P.C.
By: ______________________________________
William L. Siegel, Attorneys for Paul Ballard
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19. SETTLEMENT AND RELEASE AGREEMENT PAGE 11
#4816-5582-1862
AGREED:
________________________________
TODD HICKMAN
Dated: _________________________
AGREED AS TO FORM:
COWLES & THOMPSON, P.C.
By: ______________________________________
William L. Siegel, Attorneys for Todd Hickman
Case 09-33918-hdh11 Doc 1037 Filed 08/14/15 Entered 08/14/15 11:29:55 Page 19 of 19
20. ORDER GRANTING TRUSTEE’S MOTION TO APPROVE COMPROMISE AND SETTLEMENT PAGE 1 OF 2
4830-0709-7382
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
IN RE: § CASE NO. 09-33918-HDH
FIRSTPLUS FINANCIAL GROUP, INC. § Chapter 11
§
Debtor. §
§
ORDER GRANTING TRUSTEE’S MOTION TO APPROVE COMPROMISE AND
SETTLEMENT WITH DEFENDANTS ROBERT O’NEAL, PAUL BALLARD AND
TODD HICKMAN IN ADVERSARY CASE NO. 11-03397-HDH
ON THIS DAY, came on for consideration the Motion to Approve Compromise and
Settlement with Defendants in Adversary Case No. 11-03397-HDH (the “Motion”) filed by
Matthew D. Orwig, the duly-appointed Chapter 11 Trustee and Liquidating Trustee of the
FirstPlus Financial Group, Inc. bankruptcy estate (the “Trustee”), pursuant to Rule 9019 of the
Federal Rules of Bankruptcy Procedure, seeking approval of a settlement and compromise of
certain disputes between the estate and the defendants, Robert O’Neal, Paul Ballard and Todd
Hickman (collectively referred as “Defendants”) in Adversary No. 11-03397-hdh. All interested
parties having been afforded adequate notice of the Motion and an opportunity to be heard, and
no objection having been filed to the Motion; and it appearing that the Court has jurisdiction over
Case 09-33918-hdh11 Doc 1037-1 Filed 08/14/15 Entered 08/14/15 11:29:55 Page 1 of 2
21. ORDER GRANTING TRUSTEE’S MOTION TO APPROVE COMPROMISE AND SETTLEMENT PAGE 2 OF 2
4830-0709-7382
this matter; the Court having reviewed and considered (i) the Motion and the various notices and
certificates of service of record herein, of which the Court takes judicial notice and (ii) the
arguments of counsel made and the evidence presented, proffered or adduced at the hearing; it
appearing that the relief requested in the Motion is in the best interests of the bankruptcy estate,
its creditors and other parties in interest; and after due deliberation thereon; the Court finds that
this Court has jurisdiction over this matter, notice has been duly provided and the Trustee has
established a good business justification and good cause for approval of the proposed settlement
and compromise; accordingly, it is
ORDERED that the Motion shall be and is hereby granted as provided herein; it is further
ORDERED that the Settlement Agreement attached hereto as Exhibit “A” between the
Trustee and defendants Robert O’Neal, Paul Ballard and Todd Hickman shall be and is hereby
approved; it is further
ORDERED that the Trustee shall be and is hereby authorized to take any and all actions
necessary and appropriate to consummate the settlement, including, without limitation, executing
the Settlement Agreement and any other papers as deemed necessary and appropriate to
effectuate the settlement.
IT IS SO ORDERED.
### END OF ORDER###
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