Bradley L. Croft v. AMS SA Management, LLC, Dba Association Management Services

ACCEPTED
04-11-00304-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
8/5/2015 1:17:09 PM
KEITH HOTTLE
CLERK

Case No. 04-11-00304-CV

*** FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
IN THE COURT OF APPEALS 08/05/15 1:17:09 PM
FOR THE FOURTH COURT OF APPEALS KEITH E. HOTTLE
IN SAN ANTONIO, TEXAS Clerk

***
BRADLEY L. CROFT,
Appellant,

v.

AlvIS SA MANAGEMENT, LLC
d/b/a ASSOCIATION MANAGEMENT SERVICES
Appellee.

MOTION TO DISMISS APPEAL

Appellee is AlvIS SA Management, LLC d/b / a Association Management Sel-vices

("AJ'I'IS"). Appellant is Bradley L. Croft ("Croft").

Tlus Court has authority under Tex. R. App. P. 42.2(a)(1) to grant a motion by an

appellant to voluntarily disnUss IUs appeal. On July 28, 2015, AJ'I'IS purchased from the

bankruptcy Uustee all of Croft's appellate rights. The sale of Croft's appellate rights were

approved by the United States Bankruptcy Court for the Western District of Texas. A

true and correct copy of that court's order is attached as Exlubit 1. Having purchased

Croft's appellate rights, AlvIS has succeeded to Croft's rights as appellant.

For these reasons, AMS moves the Court to disnUss dus appeal and to tax all

Page 1 of 3
appellate costs against the person who incurred the same.

Respectfully submitted,

~, a~
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. My e-mail addressischarles@cgorham.com:

David 1'. Cain
8610 N. New Braunfels Avenue
Suite 309
San Antonio, TX 78217
caind t@swbell.net

~\ ~~
Charles B. Gorham

Page 2 of 3
 Affidavit in Support of Motion to Dismiss

Before me, the undersigned authority, personally appeared Charles B. Gorham,
who, being by me duly sworn, deposed as follows:

"rl'Iy 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
Authori zing Trustee's Sale of Personal Pmperty Interests Free and Clear of Liens and
Interest signed by Judge Craig A. Gargo tta, United States Bankruptcy Judge, on August
3, 2015."

~
Charles B. Gorham
, ~

Sworn to and subscribed before me on August 5, 2015 .

Notary Public, State of Texas
BARBARA EUZAOETH MC KINNEY
NOTARY PUBUC
STATE OFTEXAS
MY COMM. EXP. 9/22/18

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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 L. 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 Trustee'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:(J) Bid Procedllres, Jnelllding A Stalking

Horse, And Schedlliing An Allction And Sale Hearing; And(Ii) Certain Related Relief and the

Order approving Motion For An Order Authorizing And Approving:(J) Bid Procedures,

AO,~oo~G~m=nt~m~gT~=~~='~s~~lo~tio=n=to"&~II~~=~=n~ffiP~ro=~~----I
EXHIBIT
Page I of4
Free and Clear of All Liens and Interests ~

I
11-52905-cag Doc#134 Filed 08/03/15 Entered 08/03/15 10:13:54 Main Document Pg 2 of 4

Illeludillg A Stalkillg Horse, Alld Schedulillg All Auctioll Alld Sale Hearillg; Alld(Ji) Certaill

Related Relief(the "Order") entered on July 2 1, 20 15 (Dkt # 132).

The Court fmd s that Ule Notice of this hearing and the establislunent 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 2 1, 2015 (Dkt.# 133).

The Court finds that the Bankruptcy Estate owns certain personal property interests in the

form of defensive appellate rights as determined, on appeal, by an order entered in the United

States District Court and upheld by the Court of Appeals for the Fifth Circuit.

Property to be Sold

The Court finds that the specific appellate rights that are being sold by the estate are as

follows:

Defensive Appellate Right No.1

Trial Court Cause No. 20 I 0-CI-09853, Richard SlIell, Bradley L. Croft, Illdividually, alld

as Tl"l/stee of the Willmvalllll vestmellts Tl"l/st v. Jasoll S. Gadsby, Shavallo Rogers Rallch Swim

Club, Illc. at al. In this case, the trial COUlt awarded a COUlt penalty of $1.00; an $11,760.90

sanction award in fa vor of individual defendants and Shavano Rogers Ranch Swim Club, Inc.; a

$15,000 sanction award in favor of AMS SA Management, LLC; a $7 1, 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 FOUlth Court of Appeals;

Appellate Cause No. 04-11-00573-CV, Bradley L. Croft, Tl"l/stee of Willawalllllvesimelli Tl"l/sl

v. Jasoll Gadsby:

Defensive Appellate Right No.2

Order Granting Tmstcc's Motion to Sell Personal Property Page 2 of4
Free and Clear of All Liens and Interests
11-52905-cag Doc#134 Filed 08/03/15 Entered 08/03/1510:13:54 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 court 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 COUli of Appeals;

Appellate Cause No. 04-11-00304-CV, Bradley L. Croft v. AMS SA Management, LLC.

Conduct of the auction sale

The COUli effectuated the terms of the Order by opening an auction in open cOUli. 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 party. Accordingly, the Tmstee recommended that the Comi accept the offer submitted by

Clifton L. Lowry, on behalf of the Lowry Creditors, as the successful bid.

The Court finds that the bid submitted by Clifton L. Lowry, on behalf of the Lowry

Creditors, in the amount of Five Thousand and No/I 00 Dollars ($5,000.00) should be approved

as the successful bid.

It is, therefore, ORDERED, ADJUDGED, AND DECREED that the Tmstee is

authorized to sell the Property to Clifton L. Lowry, on behalf of the Lowry Creditors, in the

amount of Five Thousand and No/I 00 Dollars ($5,000.00). It is, fmiher,

It is further ORDERED, ADJUDGED, AND DECREED that as to the property of the

bankmptcy estate and pursuant to Sections 363(c) and (I) of the Bankruptcy Code, this sale is

Order Granting Trustee's ~'Iotion to Sell Personal Property Page 3 0[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 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 Tmstee's Motion prior to tlus 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 bankmptcy estate, such sale of

the Property is "as is," and "where is," with all faults, without recourse on the Tmstee or the

bankruptcy estate and without any warranty of any kind whatsoever.

IT IS FURTHER ORDERED that the stay provided by Federal Rule of Bankmptcy

Procedure Local Rule 6004(g) shall be vacated immediately so the sale can be completed after

enlty of this Order on the docket.

###

Order submitted by:

Jose C. Rodriguez
Law Office of Jose C. Rodriguez
342 W. Woodlawn, Ste. 103
San Antoruo, TX 78212
(210) 738-8881 Tel.
(210) 738-8882 Fax
jrodlaw@sbcglobal.net

Order Granting Trustee's Motion to Sell Personal Property Page 4 of4
Free and Clear of All Liens and Interests