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
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 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,
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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
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 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