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

Court of Appeals of Texas·Decided August 20, 2015·No. 04-11-00304-CV·Published

Opinion

ACCEPTED 04-11-00304-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/20/2015 1:58:14 PM KEITH HOTTLE CLERK

Case No. 04-11-00304-CV

*** FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS IN THE COURT OF APPEALS 08/20/2015 1:58:14 PM FOR THE FOURTH COURT OF APPEALS KEITH E. HOTTLE IN SAl"! ANTONIO, TEXAS Clerk

*** BRADLEY L. CROFT, Appellant,

v.

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

MOTION FOR SUBSTITUTION OF PARTY AND TO DISMISS APPEAL

Appellant is Bradley L. Croft ("Croft"). On July 28, 2015 Croft's appellate rights

in this proceeding were sold to Clifton L. Lowry ("Lowry") for the LowLy Creditors.

Attached to tills motion is a tlUe and correct copy of the "Report of Sale of Personal

Property" signed by Jose C. Rodriguez, United States Bankruptcy Court Trustee. LOWlY,

as owner of the appellate rights, moves the Court to substitute llim in place of Croft

pursuant to Tex. R. App. P. 7J(b) and to disnliss this appeal pursuant to Tex. R. App.

P.42.2(a)(1).

Respectfully subnlitted,

Page 1 of 3 ~~! Charles B. Gorham av~iA- 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 Clifton L. Lowry

Certificate of Service

I certify that I caused a copy of the foregoing instrument to be served on the ]A) . persons listed below by electronic selvice on AugustY,2015 and the electronic

transmission was reported as complete. J\{y e-mail addressischarles@cgorham.com:

David 1'. Cain 8610 N. New Braunfels Avenue Suite 309 San Antonio, TX 78217 caindt@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 duly sworn, deposed as follows :

:tl'Iy name is Charles B. Gorham, I am of sound mind and capable of making tillS affidavit, and personally acquainted with tile facts herein stated .

Attached to the instrument is a t:1'ue and correct copy of "Report of Sale of Personal Property" signed by Jose C. Rodriguez, tile United States Bankruptcy Court Trustee.

&L1a~~A,~ Charles B. Gorham

Sworn to and subscribed before me on August 19, 2015.

~l.Otc~ Notary Public, State of Texas

BARBARA EUZABETH MC KINNEY NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 9/22116

Page 3 of 3 11-52905-cag Doc#135 Filed 08/07/15 Entered 08/07/15 14:43:05 Main Document Pg 10f 8

IN THE UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

INRE: § CASE NO. II-S290S-CAG § BRADLEY L. CROFT § § DEBTOR § CHAPTER 7 PROCEEDING

REPORT OF SALE OF PERSONAL PROPERTY

COMES NOW JOSE C. RODRIGUEZ, the Tmstee in this case, and makes and files this

Report of Sale, and in support thereof respectfully represents to the Court as follows:

I.

On or about August 03, 20lS (Doc. #134), an Order Granting Tmstee's Sale of Personal

Property Interests Free and Clear of All Liens and Interests was entered in this case.

II.

On July 23, 201S, the Tmstee received Cashier's Check No. 000339983S payable to Jose

C. Rodriguez, Tmstee in the amount of Five Thousand and 00/100 Dollars ($S,OOO.OO). TIllS

amount represents the gross amount of the sales proceeds due to the baukmptcy estate.

III.

The name and address for the buyer is:

Clifton L. Lowry for the Lowry Creditors 1600 NE Loop 410 San Antonio, TX 78209

IV.

Attached to this Report is a copy of Forms I and II.

Report of Sale Page 1 of2 11-52905-cag Doc#135 Filed 08/07/15 Entered 08/07/15 14:43:05 Main Document Pg 2 of 8

h Dated this i day of August, 2015.

Respectfully submitted,

lsi Jose C. Rodriguez Jose C. Rodriguez State Bar No. 17146450 342 W. Woodlawn, Ste. 103 San Antonio, TX 78212 Telephone: (210) 738-8881 Telefax: (210) 738-8882

I, Jose C. Rodriguez, do hereby certify that a true and correct copy of Report of Sale was sent by United States First Class mail, postage pre-paid or sent by Notice of Electronic Filing on this the i h day of August, 2015 to the following:

Bradley L. Croft David T. Cain 14439 NW Military Hwy, Ste. 108-105 Attomey at Law San Antonio, TX 78231 8610 N. New Braunfels, Ste. 309 Debtor San Antonio, TX 78217 Counsel for Debtor

U.S. Tmstee P.O. Box 1539 San Antonio, TX 78295-1539

and to all the Illterested parttes.

NOTE: Exhibits FOIIDS I & 2 are filed and are available on PACER for Review, but will not be included in this mail-out to reduce costs to the estate. A copy of the Exhibit Forms I and 2 will be made available upon written request delivered to the Chapter 7 Tmstee.

lsi Jose C. Rodriguez

Report of Sale Page 2 of2 11-52905-cag Doc#135 Filed 08/07/15 Entered 08/07/15 14:43:05 Main Document Pg 3 of FORSII INDIVIDUAL ESTATE PROPERTY RECORD AND IlEPORT Page· ASSET CASES Case No 11~52905 CAG Judge: CRAIG A GARGOITA Trustee Name: JOSE C. RODRIGUEZ Case Name: CROFT, BRADLEY L. Date Filed (f) or Converted (c): 08123/11 (f) 341(a) Meeting Date: 09/22111 For Period Ending· 08/07/15 Claims Bar Date: 05102/12

1 2 3 4 5 6 Estimated Net Value (Value Detemuned Property Asset Fully Petition! by Trustee, Less Fomlilly Sale;Funds Administered (FA)! Asset Description Unscheduled Liens, Exemptions, Abandoned Re<:dvcdby Gross Value of Remaining (Scheduled and Unscheduled (u) Property) Values and Other Costs) OA=55-t(a) the Estate Assets

I. REAL PROPERTY (uj 400,000.00 0.00 0.00 FA 17914 BUTTE HILL, SAN ANTONIO, TEXAS 78249

LIEN WITH CHASE BANK FOR $405,000.00 LIEN TO BE RETAINED AND REAFFIRMED

SCHEDULES A~lENDED 10/31/11 TO ADD CHANGE VALUE FROM SO.OO TO CURRENT VALUE AND ADD EXEMPTION SCHEDULES AMENDED 08129111 TO ADD PROPERTY Debtor Claimed Exemption

2. BANK ACCOUNTS (u) 0.00 0.00 0.00 FA Health Savings ACCOllllt at HSA Bank

SCHEDULES AMENDED 02/17/12 TO ADD PROPERTY AND VALUE

3. BANK ACCOUNTS (u) 0.00 0.00 0.00 FA Account with PayPal

SCHEDill.ES AMENDED 02117/12 TO ADD PROPERTY Al"1DVALUE

4. HOUSEHOLD GOODS AND FURNISHINGS 5,000.00 0.00 0.00 FA Household goods including furniture, appliances, electronics, personal computers, kitchen, Jiving room, bathrooms, bedroom, etc.

SCHEDULES AMENDED 02/17/12 TO CHANGE PROPERTY DESCRIPTION Debtor Claimed Exemption

5. CLOTHh'fG 1,000.00 0.00 0.00 FA Clothing

SCHEDULES AMENDED 08129/11 TO ADD DESCRlPTION AND REDUCE VALUE fROM $2000.00 AND TO ADD EXEMPTION Debtor Claimed Exemption

6 JEWELRY AND FURS 1,000.00 0.00 0.00 FA Jewtery

Pf.ORMI Ver: 18.05 11-52905-cag Doc#135 Filed 08/07/15 Entered 08/07/15 14:43:05 Main Document Pg 4 of F01'811 INDIVIDUAL ESTATE PROPERTY RECORD AND REPORT Page: 2 ASSET CASES Case No' 11-52905 CAG Judge: CRAIG A GARGOTIA Trustee Name: JOSE C. RODRIGUEZ Case Name: CROFT, BRADLEY L Date Filed (f) or Converted (c): 08/23111 (1) 341(a) Meeting Date: 09/22111 Claims Bar Date: 05/02112

I 2 3 4 5 6 Estimated Net Value (Value Determined Property Asset Fully Petitionl by Trustee, Less FomUllIy Sa1elFunds Administered (F A)/ Asset Description Unscheduled Liens, Ewmptions, Abandoned Received by Gross Value of Remaining (Scheduled and Unscheduled (u) Property) Values and Other Costs) 0'\=554(a) the Estate Assets

SCHEDULES AJ\lENDED 08/29111 TO ADD DESCRIPTION AND REDUCE VALUE FROt-.1 $2000.00 AND TO ADD EXEMPTION Debtor Claimed Exemption

7. INTEREST INSURANCE POLICIES 390.00 0.00 0.00 FA AGI Life Insurance

SCHEDULES A}..-lENDED 02117/12 TO ADD PROPERTY AND VALUE Debtor Claimed Exemption

8.

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Bradley L. Croft v. AMS SA Management, LLC, Dba Association Management Services, (Tex. Ct. App. 2015).

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