Mohammed Hadi Gharbi, AKA M. H. Gharbi AKA Mike Gharbi// Majid Hemmasi v. Majid Hemmasi// Cross-Appellee, Mohammed Hadi Gharbi, AKA M. H. Gharbi AKA Mike Gharbi

• Court: Court of Appeals of Texas
• Decided: January 9, 2015
• Docket: 03-07-00036-CV
• Status: Published

Opinion

ACCEPTED 03-07-00036-CV 3717666 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/9/2015 3:17:43 PM JEFFREY D. KYLE CLERK TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO.03-07-00036- FILED IN 3rd COURT OF APPEALS CV AUSTIN, TEXAS 1/9/2015 3:17:43 PM JEFFREY D. KYLE Mohammad Hadi Gharbi, aka A. H. Gharbi and Mike Gharbi, Appellant// Clerk Majid Hemmasi, Cross Appellant

v.

Majid Hemmasi, Appellee//Mohammad Hadi Gharbi aka M. H. Gharbi and Mike Gharbi, Cross-Appellee

FROM COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY NO. 279,045; HONORABLE ORLINDA NARANJO, JUDGE PRESIDING

UNOPPOSED MOTION TO REINSTATE PENDING APPEAL

1. Appellant/Cross-Appellee Mohammad Hadi Gharbi filed a chapter 11

bankruptcy petition on June 2, 2008, being Case No. 08-11023-TMD, In Re

Mohammad H. Gharbi and Fatemeh Gharbi, in the United States Bankruptcy

Court for the Western District of Texas, Austin Division (the “Bankruptcy Case”).

Pursuant to 11 U.S.C. §362, the pending appeal was stayed.

2. The chapter 11 case was subsequently converted to a chapter 7 case.

C. Daniel Roberts (“Trustee”) is the duly appointed chapter 7 bankruptcy trustee

for the Bankruptcy Case. A true and correct copy of the Order Combined With

Notice evidencing the filing of the Bankruptcy Case, conversion of the case to a chapter 7 proceeding and appointment of C. Daniel Roberts as Trustee is attached

hereto as Exhibit A and incorporated herein by reference for all purposes.

3. Pursuant to 11 U.S.C. §541, property of the bankruptcy estate includes

all legal or equitable interests of the debtor in property as of the commencement of

the bankruptcy case. Pursuant to 11 U.S.C. §704, it is Trustee’s duty to administer

property of the bankruptcy estate. Accordingly, Trustee “stepped into the shoes”

of the Appellant/Cross-Appellee in the appeal.

4. On May 27, 2010, the Court issued its Memorandum Opinion

confirming that the appeal was stayed. The Memorandum Opinion provides that

any party may file a motion to reinstate upon the occurrence of an event that would

allow the appeal to proceed.

5. On December 4, 2014, the Bankruptcy Court signed and docketed an

agreed order modifying the automatic stay (“Agreed Order Modifying Stay”) to

allow the appeal to continue. A true and correct copy of the Agreed Order

Modifying Stay is attached hereto as Exhibit B and incorporated herein by

reference for all purposes.

6. All briefs were previously timely filed in the appeal. The parties

previously waived oral argument.

WHEREFORE, PREMISES CONSIDERED, C. Daniel Roberts, Trustee,

the Appellant/Cross-Appellee in the above captioned and numbered appeal by CERTIFICATE OF CONFERENCE

By my signature above, I, C. Daniel Roberts, hereby certify that I have conferred with Majid Hemmasi, Appellee/Cross-Appellant, and his counsel, Roy O. Smithers and J. Bruce Bennett; they do not oppose the relief requested in this Motion.

CERTIFICATE OF SERVICE

By my signature above, I, C. Daniel Roberts, hereby certify that on the 8th day of January, 2015, a true and correct copy of the foregoing document was served upon the following parties by regular first class mail.

Roy O. Smithers J. Bruce Bennett Law Offices of Roy O. Smithers, P.C. CARDWELL, HART & BENNETT 4200A Manchaca Road L.L.P. Austin, Texas 78704 807 Brazos Ste 1001 COUNSEL FOR Majid Hemmasi, Austin, Texas 78701 Appellee/Cross-Appellant COUNSEL FOR Majid Hemmasi, Appellee/Cross-Appellant