Douglas Moran, Royal Bodkin, LLC and Woolworth Interests, LLC v. Richard Williamson D/B/A Williamson Realty

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ACCEPTED 1-14-00928-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 5/5/2015 8:52:38 PM CHRISTOPHER PRINE CLERK No. 1-14-00928-CV In the FILED IN 1st COURT OF APPEALS Court of Appeals for the HOUSTON, TEXAS First Court of Appeals District of 5/5/2015 8:52:38 PM Texas CHRISTOPHER A. PRINE Clerk Douglas Moran, Royal Bodkin, LLC and Woolworth Interest, LLC, Appellants vs. Richard Williamson d/b/a Williamson Realty, Appellee Notice of Bankruptcy To the Clerk of the First Court of Appeals: Pursuant to Rule 8.1 of the Texas Rules of Appellate Procedure, the Appellee, Richard Williamson d/b/a Williamson Realty, files this notice that two of the Appellants, Royal Bodkin, LLC and Woolworth Interest, LLC, are in bankruptcy. The details required by Rule 8.1 are set out below: (1) Royal Bodkin, LLC United States Bankruptcy Court for the Southern District of Texas, Houston Division In re: Royal Bodkin, LLC, Debtor Case No. 15-32065-H1-11 Date of Petition: April 10, 2015. See Notice attached as Exhibit A. (2) Woolworth Interest, LLC United States Bankruptcy Court for the Southern District of Texas, Houston Division In re: Woolworth Interest, LLC, Debtor Case No. 15-32067-H3-11 Date of Petition: April 10, 2015. See Notice attached as Exhibit B. On May 1, 2015, the Bankruptcy Court in In re Royal Bodkin, LLC, entered an Order that the Chapter 11 case of Woolworth Interest, LLC, Case No. 15-32067-H3-11 shall be jointly administered with the Chapter 11 case of Royal Bodkin, LLC, Case No. 15-32065-H1-11. The automatic stay provided by 11 U.S.C.A. § 362(a) is effective only as to Appellants Royal Bodkin, LLC and Woolworth Interest, LLC; and the remaining appellant, Douglas Moran, cannot benefit from the stay. See In re Sw. Bell Tel. Co., 35 S.W.3d 602, 604 (Tex. 2000). If and when a motion for relief from automatic stay is granted by the Bankruptcy Court with respect to debtor Appellants Royal Bodkin, LLC and Woolworth Interest, LLC, a motion to reinstate may be filed pursuant to Rule 8.3(a) of the Texas Rules of Appellate Procedure, In any event, however, the appeal as to non-debtor Appellant Douglas Moran is not subject to Notice of Bankruptcy Page 2 the automatic stay under the Bankruptcy Code and this appeal is subject to reinstatement as to Moran upon severance of the bankrupt parties pursuant to Rule 8.3(b) of the Texas Rules of Appellate Procedure. Respectfully submitted, By: /s/ C. Alfred Mackenzie C. Alfred Mackenzie State Bar of Texas No. 12761550 C. Alfred Mackenzie, Attorney at Law P.O. Box 2003 Waco Texas 76703 (254) 848-9800 (254) 848-9974 (facsimile) AMackenzie@Texas-Appeals.com and Randall S. Perrier Texas Bar No. 24037266 4606 FM 1960 West, Suite 101 Houston, Texas 77069 Tel. (281) 440-8066 Fax. (832) 201-7920 Email: randall@perrierlaw.com Counsel for Richard Williamson d/b/a Williamson Realty Notice of Bankruptcy Page 3 Certificate of Service The undersigned counsel certifies that, on this 5th day of May 2015, this Notice of Appearance is being served electronically on the following party or counsel of record: Ben A. Baring, Jr. Attorney for Appellants bbaring@dhmtlaw.com R. Travis Piper tpiper@dhmtlaw.com DeLange, Hudspeth, Mcconnell & Tibbets, L.L.P. 1177 West Loop South, Suite 1700 Houston, TX 77027 /s/ C. Alfred Mackenzie C. Alfred Mackenzie Notice of Bankruptcy Page 4 Exhibit A BK CM/ECF LIVE - US Bankruptcy Court-Texas Southern 5/5/15, 6:48 PM United States Bankruptcy Court Southern District of Texas Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 11 of the United States Bankruptcy Code, entered on 04/10/2015 at 2:39 PM and filed on 04/10/2015. Royal Bodkin, LLC 5315B Cypess Creek Parkway 171 Houston, TX 77069 Tax ID / EIN: XX-XXXXXXX Woolworth Interest, LLC 5315 Cypress Creek Parkway 171 Houston, TX 77069 Tax ID / EIN: XX-XXXXXXX The case was filed by the debtor's attorney: Reese W Baker Baker & Associates 5151 Katy Freeway Ste 200 Houston, TX 77007 713-869-9200 The case was assigned case number 15-32065 to Judge Marvin Isgur. In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page http://www.txs.uscourts.gov/ or at the Clerk's Office, United States Bankruptcy Court, PO Box 61010, Houston, TX 77208. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. David J. Bradley Clerk, U.S. Bankruptcy Court https://ecf.txsb.uscourts.gov/cgi-bin/NoticeOfFiling.pl?392260 Page 1 of 2 BK CM/ECF LIVE - US Bankruptcy Court-Texas Southern 5/5/15, 6:48 PM PACER Service Center Transaction Receipt 05/05/2015 18:48:33 PACER Login: am7725:3747189:0 Client Code: Williamson Description: Notice of Filing Search Criteria: 15-32065 Billable Pages: 1 Cost: 0.10 https://ecf.txsb.uscourts.gov/cgi-bin/NoticeOfFiling.pl?392260 Page 2 of 2 Exhibit B BK CM/ECF LIVE - US Bankruptcy Court-Texas Southern 5/5/15, 6:50 PM United States Bankruptcy Court Southern District of Texas Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 11 of the United States Bankruptcy Code, entered on 04/10/2015 at 2:52 PM and filed on 04/10/2015. Woolworth Interest, LLC 5315 Cypress Creek Parkway 171 Houston, TX 77069 Tax ID / EIN: XX-XXXXXXX The case was filed by the debtor's attorney: Reese W Baker Baker & Associates 5151 Katy Freeway Ste 200 Houston, TX 77007 713-869-9200 The case was assigned case number 15-32067 to Judge Marvin Isgur. In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page http://www.txs.uscourts.gov/ or at the Clerk's Office, United States Bankruptcy Court, PO Box 61010, Houston, TX 77208. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. David J. Bradley Clerk, U.S. Bankruptcy Court https://ecf.txsb.uscourts.gov/cgi-bin/NoticeOfFiling.pl?392262 Page 1 of 2 BK CM/ECF LIVE - US Bankruptcy Court-Texas Southern 5/5/15, 6:50 PM PACER Service Center Transaction Receipt 05/05/2015 18:50:18 PACER Login: am7725:3747189:0 Client Code: Williamson Description: Notice of Filing Search Criteria: 15-32067 Billable Pages: 1 Cost: 0.10 https://ecf.txsb.uscourts.gov/cgi-bin/NoticeOfFiling.pl?392262 Page 2 of 2