Animo Bancorp, Inc. v. the Capital Markets Company, LLC

Court of Appeals of Texas·Decided March 8, 2024·No. 05-23-01195-CV·Published

Opinion

ACCEPTED

05-23-01195-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS 3/8/2024 12:03 PM

RUBEN MORIN

CLERK

NO. 05-23-01195-CV

FILED IN

5th COURT OF APPEALS

DALLAS, TEXAS

IN THE FIFTH COURT OF APPEALS 3/8/2024 12:03:48 PM DALLAS, TEXAS Ruben Morin Clerk

Animo Bancorp, Inc v. The Capital Markets Company, LLC

Appeal from Cause No. DC-22-17307 In the 14th District Court of Dallas County, Texas Honorable Eric Moyé, Judge Presiding

SUGGESTION OF BANKRUPTCY

This Suggestion of Bankruptcy is filed by ANIMO BANCORP, INC., who is Defendant in this case.

ANIMO BANCORP, Defendant, filed a voluntary petition for relief under chapter 7 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Western District of Texas, Case No. 24-50359-cag, on March 5, 2024. A copy of the petition is attached as Exhibit A.

Respectfully submitted,

FIELD MANNING STONE AYCOCK, P.C.

2112 Indiana Avenue Lubbock, Texas 79410-1444 T 806/792-0810 F 806/792-9148 jpmanning@lubbocklawfirm.com

/s/ J. Paul Manning J. PAUL MANNING State Bar No. 24002521

ATTORNEYS FOR DEFENDANT

Capco v. Animo – Suggestion of Bankruptcy Page 1 of 2

CERTIFICATE OF SERVICE

A true and correct copy of the above and foregoing instrument was on this March 8, 2024, served on the attorneys of record via E-filing of Texas, as follows:

DAVID PARHAM David.parham@akerman.com MICHAEL B. HESS Michael.hess@akerman.com AKERMAN, LLP 2001 Ross Ave., Ste. 3600 Dallas, TX 75201 Attorney For Plaintiff

/s/ J. Paul Manning J. PAUL MANNING

Capco v. Animo – Suggestion of Bankruptcy Page 2 of 2

03/05/2024 01:09:43pm

Fill in this information to identify the case: Exhibit A United States Bankruptcy Court for the: WESTERN DISTRICT OF TEXAS Check if this is an

Case number (if known): Chapter 7 amended filing

Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy 06/22

If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write the debtor's name and the case number (if known). For more information, a separate document, Instructions for Bankruptcy Forms for Non- Individuals, is available.

1. Debtor's name Animo Bancorp, Inc.
2. All other names debtor used in the last 8 years

Include any assumed names, trade names and doing business as names

3. Debtor's federal Employer Identification Number (EIN) 8 7 – 1 0 0 3 8 4 9

4. Debtor's address Principal place of business Mailing address, if different from principal place of business

1305 East Houston Street 10777 Strait Lane Number Street Number Street

P.O. Box

San Antonio TX 78205 Dallas TX 75229 City State ZIP Code City State ZIP Code

Location of principal assets, if different Bexar from principal place of business County

Number Street

City State ZIP Code

5. Debtor's website (URL)

6. Type of debtor Corporation (including Limited Liability Company (LLC) and Limited Liability Partnership (LLP))

Partnership (excluding LLP) Other. Specify:

Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 1

03/05/2024 01:09:43pm

Debtor Animo Bancorp, Inc.

7. Describe debtor's business A. Check one:

Case number (if known)

Exhibit A

Health Care Business (as defined in 11 U.S.C. § 101(27A)) Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B)) Railroad (as defined in 11 U.S.C. § 101(44)) Stockbroker (as defined in 11 U.S.C. § 101(53A)) Commodity Broker (as defined in 11 U.S.C. § 101(6)) Clearing Bank (as defined in 11 U.S.C. § 781(3)) None of the above

B. Check all that apply:

Tax-exempt entity (as described in 26 U.S.C. § 501) Investment company, including hedge fund or pooled investment vehicle (as defined in 15 U.S.C. § 80a-3) Investment advisor (as defined in 15 U.S.C. § 80b-2(a)(11))

C. NAICS (North American Industry Classification System) 4-digit code that best describes debtor. See http://www.uscourts.gov/four-digit-national-association-naics-codes

8. Under which chapter of the Check one:

Bankruptcy Code is the debtor filing? Chapter 7 Chapter 9

A debtor who is a "small Chapter 11. Check all that apply: business debtor" must check The debtor is a small business debtor as defined in 11 U.S.C. § 101(51D), and its the first sub-box. A debtor as aggregate noncontingent liquidated debts (excluding debts owed to insiders or defined in § 1182(1) who elects affiliates) are less than $3,024,725. If this sub-box is selected, attach the most to proceed under subchapter V recent balance sheet, statement of operations, cash-flow statement, and federal of chapter 11 (whether or not income tax return or if any of these documents do not exist, follow the procedure the debtor is a "small business in 11 U.S.C. § 1116(1)(B). debtor") must check the second sub-box. The debtor is a debtor as defined in 11 U.S.C. § 1182(1), its aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $7,500,000, AND IT CHOOSES TO PROCEED UNDER SUBCHAPTER V OF CHAPTER 11. If this sub-box is selected, attach the most recent balance sheet, statement of operations, cash-flow statement, and federal income tax return, or if any of these documents do not exist, follow the procedure in 11 U.S.C. § 1116(1)(B).

A plan is being filed with this petition.

Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. § 1126(b).

The debtor is required to file periodic reports (for example, 10K and 10Q) with the Securities and Exchange Commission according to § 13 or 15(d) of the Securities Exchange Act of 1934. File the Attachment to Voluntary Petition for Non- Individuals Filing for Bankruptcy Under Chapter 11 (Official Form 201A) with this form.

The debtor is a shell company as defined in the Securities Exchange Act of 1934 Rule 12b-2.

Chapter 12

Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 2

03/05/2024 01:09:43pm

Debtor Animo Bancorp, Inc.

9. Were prior bankruptcy No Case number (if known)

Exhibit A

cases filed by or against the debtor within the last 8 Yes. District When Case number years? MM / DD / YYYY

District When Case number If more than 2 cases, attach a MM / DD / YYYY

separate list.

District When Case number MM / DD / YYYY

10. Are any bankruptcy cases No pending or being filed by a business partner or an Yes. Debtor Relationship affiliate of the debtor?

District When List all cases. If more than 1, MM / DD / YYYY attach a separate list. Case number, if known

Debtor Relationship

District When MM / DD / YYYY

Case number, if known

11. Why is the case filed in Check all that apply:

this district?

Debtor has had its domicile, principal place of business, or principal assets in this district for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other district.

A bankruptcy case concerning debtor's affiliate, general partner, or partnership is pending in this district.

12. Does the debtor own or No have possession of any Yes. Answer below for each property that needs immediate attention. Attach additional sheets if real property or personal needed. property that needs Why does the property need immediate attention? (Check all that apply.)

immediate attention?

It poses or is alleged to pose a threat of imminent and identifiable hazard to public health or safety. What is the hazard?

It needs to be physically secured or protected from the weather.

It includes perishable goods or assets that could quickly deteriorate or lose value without attention (for example, livestock, seasonal goods, meat, dairy, produce, or securitiesrelated assets or other options).

Other

Where is the property?

Number Street

City State ZIP Code

Is the property insured?

No Yes. Insurance agency

Contact name

Phone

Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 3

03/05/2024 01:09:43pm

Debtor Animo Bancorp, Inc. Case number (if known)

Exhibit A

Statistical and adminstrative information 13. Debtor's estimation of Check one:

available funds Funds will be available for distribution to unsecured creditors.

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Related

Definitions
11 U.S.C. § 101(27A)
Acceptance of plan
11 U.S.C. § 1126(b)
Definitions
11 U.S.C. § 1182(1)
Priorities
11 U.S.C. § 507
Definitions
11 U.S.C. § 781(3)
§ 80a-3
15 U.S.C. § 80a-3
§ 80b-2
15 U.S.C. § 80b-2(a)(11)
§ 80a
15 U.S.C. § 80a
§ 80b
15 U.S.C. § 80b
§ 1519
18 U.S.C. § 1519
§ 3571
18 U.S.C. § 3571