Edwin Kihore v. Hillcrest Group, LLC and Seneca Falls, LLC

• Court: Court of Appeals of Texas
• Decided: February 21, 2024
• Docket: 05-24-00088-CV
• Status: Published

Opinion

No. 05-24-00088-CV

IN THE COURT OF APPEALS {;ff FIFTH DISTRICT OF TEXAS AT DALLAS ii -~::1 ~ f~ L--; f ''l --c-, -'l"P" '-,-J ..... ...,,. C.0 _x._ t'-l ': . -~~,~~~o~~~ti}'fS? --- C:} ;,,i,

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HILLCREST GROUP, LLC. SENECA FALLS LLC Appellees

On Appeal from Cause No. 115861-86 86th Judicial District, Kaufman County, Texas

APPELLANT'S MOTION TO REINSTATE ABATED CASE.

TO THE HONORABLE COURT:

Appellant EDWIN KIHORE files this Motion to reinstate this case pursuant

to 8.0 Texas Rule of Appellate procedure. In support Appellant would show the

court the following:

I. On February 1, 2024, this Court issued an Order to abate appellant

appeal on the grounds that appellant has a pending bankruptcy case.

II. O n ~ . _ _, 2023 the Northern District of Texas Bankruptcy Court issued an order vacating the automatic stay with respect to appellant's

residential property located at 2319 Julia Lane, Forney Texas 75126.

III. Appellants' appeal was on the Order dissolving TRO regarding the said

Property when appellees failed to appear at the injunction hearing after proper

notice have been served.

IV. O n ~ - 2024 appellant's bankruptcy attorney wrote to this Court

stating that the subject property is no longer part of the bankruptcy proceedings.

V. Tex. R. App. 8.3 (a) provides that a party may move the court to reinstate

if the bankruptcy court has lifted or terminated the stay.

WHEREFORE, PREMISES CONSIDERED, appellant prays that this cause

be reinstated on the docket, and for such other and further relief to which appellant

may be justly entitled.

Respectfully submitted,

By:__.~"""----------- Edwin Kihore ~ Email: ~ , l / ~ < Y ~ f_, ~ Q' Address: <..6 I "f U~<- J.+J ~~ rx rrru Tel: ~/ '-f ~4 27 -/ 6 3.3

PRO SE. CERTIFICATE OF SERVICE

I certify that on February 21, 2024 a true and correct copy of Motion for

Reinstatement Abate case was served to each person listed below by the method

indicated.

Edwin Kihore E-mail: Ekihore@gmail.com

T. MICHAEL NEVILLE Attorney for Seneca Falls LLC & Hillcrest Group LLC 26314 Wedgewood Park Lane Cypress, Texas 77433 TEL: (713-880-8084 CLERK, U.S. BANKRUPTCY COURT NORTHERN DISTRICT OF TEXAS

ENTERED THE DA TE OF ENTRY IS ON THE COURT'S DOCKET

tj 11 1·· '> }j · l • 1 vlf/~t:---/ Signed August 22, 2023 . u . ates Bankruptc., Judge

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

INRE: § § EDWIN MAGORI KIHORE § CASE NO. 23-31209-sgj 13 § Debtor § CHAPTER13

AGREED ORDER GRANTING MOTION TO LIFT STAY (DOC 32)

Before the Court came on for preliminary hearing the Motion to Lift Stay of Seneca

Falls, LLC, and Hillcrest Group, LLC (Doc 32). Counsel for Edwin Magori Kihore, Debtor,

and for Seneca Falls, LLC, and Hillcrest Group, LLC, Movants, appeared and announced

to the Court that they had reached agreement on the motion and requested entry of this their

proposed agreed order. The Court finds that no response to the motion was filed by any

person other than Debtor, that the motion was served in compliance with L. B. R. 4001-

l(a), and that the agreed order should be entered. Ji is, therefore

Agreed Ordering Granting Motion to Lift Stay (Doc 32) Page I of2 case 23-31209-sgj13 Doc 42 Filed 08/22/23 Entered 08/22/23 12:36:52 Desc Main Document Page 2 of 2

ORDERED that the motion to lift stay is granted to allow Movants to pursue any

state law remedy to obtain possession of 2319 Julia Lane, Forney, Kaufinan County, Texas

75126, including but not limited to forcible detainer against Debtor and all other occupants.

It is further ordered that this order will take effect, and the stay will be lifted, at 6:00 o'clock

a.m. on September 1, 2023.

AGREED TO:

~~~ai(~ T. Michael Neville, P.C. Texas Bar No. 14935500 Proc Hae Vice 26314 Wedgewood Park Lane Cypress, Texas 77433 Email: mnevilleiq)tmnpc.com Tel. (713) 880-8050/Fax: (713) 880-8048

ATTORNEY FOR SENECA FALLS, LLC, AND HILLCREST GROUP, LLC, MOVANTS

M ~ Leinart Law Firm Texas Bar No. 00794156 10670 N. Central Expressway, Suite 320 Dallas, Texas 75231-2173 Email: marcus(q.1.leinartlaw.com Tel. (469) 232-3328

ATTORNEY FOR EDWIN MA GORI KIHORE, DEBTOR

Agreed Ordering Granting Motion to Lift Stay {Doc 32) Page 2 of2 Leinart Law Firm www .texasdebtfree.com 10670 N. Central Expressway, Suite 320 Dallas, Texas 75231 RECEIVED 469.232.3328 Dallas Court 0f Appea1E' 817.426.3328 Ft Worth 214.221.1755 Fax

February 7. 2024 Ruben :Morin Clerk. 5th District Chief Justice Robert D Bums, III Fifth Court of Appeals 600 Commerce Street, Ste 200 Dallas, TX 75202

Re: Edwin Magori Kihore Bankruptcy Case No. 23-3 1209-SGJ- I 3

To Chief Justice Robert D Burns. HI.:

Please be advised the above-named debtors have retained our firm to represent them in a Chapter 13 Bankruptcy. This case was filed 6/9/2023 and has been issued the above-referenced case number. The case is active and in good standing with the Chapter 13 Trustee. rn regards to the creditor Hillcrest Group. LLC the Bankruptcy Stay wa5 lifted on August 22. 2023 and is no longer considered part of this bankrnptcy case.

Please contact our office \;.,ith any questions or concerns.

With kindest regards,

ls/Marcus Leinart Marcus Leinart Attorney at Law Bar no. 00794156

CC: Edwin Magori K.ihore 2319 Julia Ln Forney, TX 751:26