ACCEPTED
04-11-00573-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
8/5/2015 1:21:56 PM
KEITH HOTTLE
CLERK
No.04-1l-00S73-CV
IN THE FILED IN
FOURTH COURT OF APPEALS 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
AT SAN ANTONIO 08/05/15 1:21:56 PM
KEITH E. HOTTLE
Clerk
RICHARD SNELLAND BRAD CROFT,
Appellants,
V.
JASON S. GADSBY, SI-L4VA1\TO ROGERS RA1\TCH
SWIM CLUB, INC. ET AL,
Appellee.
MOTION TO DISMISS APPEAL
One of the Appellees is AMS SA Management, LLC d/b/a Association
Management Services ("AMS"). Appellant is Bradley L. Croft ("Croft").
Tills Court has authority under Tex. R. App. P. 42.2(a)(1) to grant a motion by an
appellant to voluntarily disnllsS Ills appeal. On July 28, 2015, A1'IS purchased from the
bankruptcy llustee all of Croft's appellate rights. The sale of Croft's appellate rights were
approved by the Ulllted States Banluuptcy Court for the Western District of Texas. A
llue and correct copy of that court's order is attached as Exillbit 1. Having purchased
Croft's appellate rights, ALvIS has succeeded to Croft's rights as appellant.
For these reasons, AMS moves the Court to disnllsS this appeal and to tax all
appellate costs against the person who incurred the same.
Page 1 of 3
Respectfully submitted,
Charles B. Gorham
TBN: 08215000
Charles B. Gorham, LLP
1027 Austin Highway, Suite 150
San Antonio, Texas 78209
Tel. 210/822-5775
Fax 210/822-3883
E-mail charles@cgorham.com
Attorney for Appellee
Certificate of Service
I certify that I caused a copy of the foregoing instrument to be served on the
persons listed below by electronic service on August 5, 2015 and the electronic
transmission was reported as complete. 1'1'11' e-mail addressischarles@cgorham.com:
David 1'. Cain
8610 N. New Braunfels Avenue
Suite 309
San )\ntonio, TX 78217
caind t@swbell.net
Charles B. Gorham
Page 2 of 3
Mfidavit in Support of Motion to Dismiss
Before me, the undersigned authority, personally appeared Charles B. Gorham,
who, being by me dul), sworn, deposed as follows:
"1'1'1)' name is Charles B. Gorham, I am of sound mind and capable of making this
affidavit, and personally acquainted with the facts herein stated.
Attached to this motion as Exhibit 1 is a true and correct copy of the Order
Authorizing Trustee's Sale of Personal Property Interests Free and Clear of Liens and
Interest signed by Judge Craig A. Gargotta, United States Bankruptcy Judge, on August
3, 2015."
~~
Charles B. Gorham
Sworn to and subscribed before me on August 5, 2015 .
Notar), Public, State of Texas
BARBARA ELI ZABETH MC KINN EY
NOTARY PUBLIC
STATE OF TEXAS
MY COMM. EXP. 9/22/16
Page 3 of 3
11-52905-cag Doc#134 Filed 08/03/15 Entered 08/03/15 10:13:54 Main Document Pg 1 of 4
IT IS HEREBY ADJUDGED and DECREED that the
below described is SO ORDERED.
Dated: August 03,2015.
CRAIG A. GARGOTTA
UNITED STATES BANKRUPTCY JUDGE
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
INRE: §
§ CASE NO. 11-52905-cag
BRADLEY 1. CROFT, §
§
§
DEBTOR. § CHAPTER 7
§
ORDER AUTHORIZING TRUSTEE'S SALE OF PERSONAL PROPERTY INTERESTS
FREE AND CLEAR OF ALL LIENS AND INTERESTS
On the 28th day of July, 2015, came on for consideration the TlUstee's Motion to Sell
personal property interests belonging to the bankruptcy estate as incorporated and conditioned in
the Motion For An Order Authorizing And Approving: (I) Bid Procedures, Including A Stalking
Horse, And Scheduling An Auction And Sale Hearing; And(Ji) Certain Related Relief and the
Order approving Motion For An Order Authorizing And Approving:(I) Bid Procedures,
EXHIBIT
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] Page I of4
Free and Clear of All Liens and Interests f3
i
11-S2905-cag Doc#134 Filed 08/03/15 Entered 08/03/15 10:13:54 Main Document Pg 2 of 4
Including A Stalking Horse, And Scheduling An Auction And Sale Hearing; And(Ji) Certain
Related Relief(the "Order") entered on July 21, 2015 (Dkt #132).
The Court fmds that the Notice of this hearing and the establishment of the bid
procedures required by the Order is proper and, specifically, that the Trustee confirmed the
delivery of said notice in the Certificate of Service filed on July 21,2015 (Dkt.# 133).
The Court finds that the Bankruptcy Estate owns certain personal property interests in the
fonn of defensive appellate rights as determined, on appeal, by an order entered in the United
States District Court and upheld by the Cowt of Appeals for the Fifth Circuit.
Property to be Sold
The Court fmds that the specific appellate rights that are being sold by the estate are as
follows:
Defensive Appellate Right No.1
Trial Court Cause No. 2010-CI-09853, Richard Snell, Bradley L. Croft, Individually, and
as Trustee of the Willawall Investments Trust v. Jason S. Gadsby, Shavano Rogers Ranch Swill!
Club, Inc. at al. In this case, the trial court awarded a court penalty of $1.00; an $11,760.90
sanction award in favor of individual defendants and Shavano Rogers Ranch Swim Club, Inc.; a
$15,000 sanction award in favor of AMS SA Management, LLC; a $71,157.22 attorney fee
award in favor of individual defendants and Shavano Rogers Ranch Swim Club, Inc.; and a
$7,554.53 attorney fee award in favor of AMS SA Management, LLC.
The Debtor appealed the trial court judgment and award to the Fourth Court of Appeals;
Appellate Cause No. 04-11-00573-CV, Bradley L. Croft, Trustee of Willawall Investment Trust
v. Jason Gadsby.
Defensive Appellate Right No.2
Order Granting Trustee's Motion to Sell Personal Property Page 2 of 4
Free and Clear of All Liens and Interests
11-52905-cag Doc#134 Filed 08/03/15 Entered 08/03/15 10:13:54 Main Document Pg 3 of 4
Trial Court Cause No. 2009-CI-15857, Bradley L. Croft v. AMS SA Management, LLC.
In this case, the trial COUlt awarded a court penalty of $1.00; a $4,000 sanction award in favor of
AMS SA Management, LLC; and a $5,000 attorney fee award in favor of AMS SA
Management, LLC.
The Debtor appealed the trial court judgment and award to the Fourth Court of Appeals;
Appellate Cause No. 04-11-00304-CV, Bradley L. Croft v. AMS SA Management, LLC.
Conduct of the auction sale
The Court effectuated the terms of the Order by opening an auction in open court. No
other party appeared to participate in the auction other than the Stalking Horse named in the
Order.
The Tmstee informed the Court that he had received a certified check in the amount of
$5,000.00 from Clifton L. Lowry that was paid on behalf of the Stalking Horse (the "Lowry
Creditors") named in the Order and that he had received no other bids or payments from any
other patty. Accordingly, the Trustee recommended that the Court accept the offer submitted by
Clifton L. Lowry, on behalf of the Lowry Creditors, as the successful bid.
The Court fmds that the bid submitted by Clifton L. Lowry, on behalf of the Lowry
Creditors, in the amoUllt of Five Thousand and Noll 00 Dollars ($5,000.00) should be approved
as the successful bid.
It is, therefore, ORDERED, ADJUDGED, AND DECREED that the Trustee is
authorized to sell the Property to Clifton L. Lowry, on behalf of the Lowry Creditors, in the
amount of Five Thousand and No/IOO Dollars ($5,000.00). It is, further,
It is further ORDERED, ADJUDGED, AND DECREED that as to the property of the
bankruptcy estate and pursuant to Sections 363(c) and (f) of the Bankruptcy Code, this sale is
Order Granting Trustee's Motion to Sell Personal Property Page 3 of4
Free and Clear of All Liens and Interests
11-52905-cag Doc#134 Filed 08/03/15 Entered 08/03/15 10:13:54 Main Document Pg 4 of 4
made free and clear of any and all liens, claims, interests or encumbrances of any kind, valid and
invalid. Upon the sale of the Property and the payment of the purchase price, all liens and
interests are deemed released as to the Property, as herein set forth, and only (1) those liens or
interests set out in the Motion, and (2) those liens or interests of claimants who have filed
responses to the Trustee's Motion prior to this Order and whose lien claims are allowed shall
attach to the net proceeds of the sale and shall, under no circumstances, ever revert to the
Property itself.
IT IS FURTHER ORDERED that as to the property of the bankruptcy estate, such sale of
the Property is "as is," and "where is," with all faults, without recourse on the Trustee or the
bankruptcy estate and without any wal1'anty of any kind whatsoever.
IT IS FURTHER ORDERED that the stay provided by Federal Rule of Bankruptcy
Procedure Local Rule 6004(g) shall be vacated immediately so the sale can be completed after
entry of this Order on the docket.
###
Order submitted by:
Jose C. Rodriguez
Law Office of Jose C. Rodriguez
342 W. Woodlawn, Ste. 103
San Antonio, TX 78212
(210) 738-8881 Tel.
(210) 738-8882 Fax
jrodlaw@sbcglobal.net
Order Granting Trostee's Motion to Sell Personal Property Page 4 of4
Free and Clear of All Liens and Interests
Brad Croft, Individually and as Trustee of the Willa Wall Investments Trust v. Jason S. Gadsby, Regina Prewitt-Cambell, Charlotte Marie Bellem, Peter C. Bouxsein, Robert F. Sigafoos, William E. Merten, Charles Rodney Godwin, Judy Johnson-Kinlaw, Margaret Francis, Shavano Rogers Ranch Swim Club, Inc., and AMS SA Management, LLC
Combined Opinion