Case number: 3:15-bk-31371 - Navarro Orthodontix of McAllen, PLLC - Texas Northern Bankruptcy Court

Case Information
  • Case title

    Navarro Orthodontix of McAllen, PLLC

  • Court

    Texas Northern (txnbke)

  • Chapter

    7

  • Filed

    04/01/2015

  • Last Filing

    04/25/2024

  • Asset

    No

Docket Header
REFORM, CONVERTED



U.S. Bankruptcy Court
Northern District of Texas (Dallas)
Bankruptcy Petition #: 15-31371-bjh7

Assigned to: Barbara J. Houser
Chapter 7
Previous chapter 11
Original chapter 11
Voluntary
No asset


Date filed:  04/01/2015
Date converted:  10/19/2015
341 meeting:  11/24/2015

Debtor

Navarro Orthodontix of McAllen, PLLC

911 N. MacArthur Blvd
Irving, TX 75061
HIDALGO-TX
Tax ID / EIN: 80-0614941
dba
Navarro Orthodontix


represented by
Joyce W. Lindauer

Joyce W. Lindauer Attorney, PLLC
12720 Hillcrest Road
Suite 625
Dallas, TX 75230
(972) 503-4033
Fax : (972) 503-4034
Email: joyce@joycelindauer.com

Trustee

James W Cunningham

Jim Cunningham & Associates, Inc.
6412 Sondra Dr.
Dallas, TX 75214-3451
214-827-9112
TERMINATED: 10/21/2015

 
 
Trustee

Diane G. Reed

501 N. College Street
Waxahachie, TX 75165
(972) 938-7334

 
 
U.S. Trustee

United States Trustee

1100 Commerce Street
Room 976
Dallas, TX 75242
214-767-8967
 
 

Latest Dockets

Date Filed#Docket Text
04/25/2024Chapter 7 Trustee's Report of No Distribution: I, Areya Holder, having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 110 months. Assets Abandoned (without deducting any secured claims): $ 337838305.00, Assets Exempt: Not Available, Claims Scheduled: $ 13240815.57, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment (without deducting the value of collateral or debts excepted from discharge): $ 13240815.57. (Holder, Areya)
02/27/2024Trustee's resignation due to conflict (Reed, Diane)
01/12/202466Trustee's interim report for the period ending: 1/12/2024. Projected date of filing final report: 3/31/2025 The trustee is holding no funds in this case. This case was filed as a Chapter 11 case on April 1, 2015. On October 19, 2015, the case was converted to Chapter 7. The 341 meeting in the Chapter 7 case was held on November 24, 2015. On February 19, 2016, the trustee filed an application to employ Riggs & Ray, P.C. and Weller, Green, Toups & Terrell, LLP as special litigation counsel (hereafter "Special Counsel") to continue the prosecution on behalf of the debtor's estate of a lawsuit filed by the debtor and affiliated debtor entities styled, Richard F. Herrscher, DDS, MSD, PC, et al., Plaintiffs v. Xerox Corporation, et al., Defendants, Cause No. D-1-GN-15-002055, filed in the 345th Judicial District Court of Travis County, Texas (the "Xerox Lawsuit"). In February 2019, the State of Texas and Xerox entered into a settlement of the State's claims against Xerox. This settlement essentially abated all discovery and settlement discussions in the related litigation involving the debtor and affiliated debtor entities pending the entry of a final order of dismissal in the state's case against Xerox, which occurred in August 2019. A bellwether motion for summary judgment was filed on behalf of a similarly situated plaintiff with respect to Xerox's liability to that plaintiff. This motion was denied. There was also a plea to the jurisdiction of the court that was filed by the defendant. This plea was also denied and the defendant has filed an interlocutory appeal which is still pending before the Texas Court of Appeals, Third Circuit. There is no trial setting in the Xerox Lawsuit. (Reed, Diane)
07/17/202365Trustee's interim report for the period ending: 7/17/23. Projected date of filing final report: 7/31/24 The trustee is holding no funds in this case. This case was filed as a Chapter 11 case on April 1, 2015. On October 19, 2015, the case was converted to Chapter 7. The 341 meeting in the Chapter 7 case was held on November 24, 2015. On February 19, 2016, the trustee filed an application to employ Riggs & Ray, P.C. and Weller, Green, Toups & Terrell, LLP as special litigation counsel (hereafter "Special Counsel") to continue the prosecution on behalf of the debtor's estate of a lawsuit filed by the debtor and affiliated debtor entities styled, Richard F. Herrscher, DDS, MSD, PC, et al., Plaintiffs v. Xerox Corporation, et al., Defendants, Cause No. D-1-GN-15-002055, filed in the 345th Judicial District Court of Travis County, Texas (the "Xerox Lawsuit"). In February 2019, the State of Texas and Xerox entered into a settlement of the State's claims against Xerox. This settlement essentially abated all discovery and settlement discussions in the related litigation involving the debtor and affiliated debtor entities pending the entry of a final order of dismissal in the state's case against Xerox, which occurred in August 2019. A bellwether motion for summary judgment was filed on behalf of a similarly situated plaintiff with respect to Xerox's liability to that plaintiff. This motion was recently denied. There was also a plea to the jurisdiction of the court that was filed by the defendant. This plea was also denied and the defendant has filed an interlocutory appeal. There is no trial setting in the Xerox Lawsuit. (Reed, Diane)
01/17/202364Trustee's interim report for the period ending: 1/17/23. Projected date of filing final report: 6/30/23 The trustee is holding no funds in this case. This case was filed as a Chapter 11 case on April 1, 2015. On October 19, 2015, the case was converted to Chapter 7. The 341 meeting in the Chapter 7 case was held on November 24, 2015. On February 19, 2016, the trustee filed an application to employ Riggs & Ray, P.C. and Weller, Green, Toups & Terrell, LLP as special litigation counsel (hereafter "Special Counsel") to continue the prosecution on behalf of the debtor's estate of a lawsuit filed by the debtor and affiliated debtor entities styled, Richard F. Herrscher, DDS, MSD, PC, et al., Plaintiffs v. Xerox Corporation, et al., Defendants, Cause No. D-1-GN-15-002055, filed in the 345th Judicial District Court of Travis County, Texas (the "Xerox Lawsuit"). In February 2019, the State of Texas and Xerox entered into a settlement of the State's claims against Xerox. This settlement essentially abated all discovery and settlement discussions in the related litigation involving the debtor and affiliated debtor entities pending the entry of a final order of dismissal in the state's case against Xerox, which occurred in August 2019. A bellwether motion for summary judgment was filed on behalf of a similarly situated plaintiff with respect to Xerox's liability to that plaintiff, and the hearing is set before the judge on February 22, 2023. There is no trial setting in the Xerox Lawsuit. There are no funds in this estate. (Reed, Diane)
07/29/202263Trustee's interim report for the period ending: 6/30/22. Projected date of filing final report: 12/30/22 The trustee is holding no funds in this case. This case was filed as a Chapter 11 case on April 1, 2015. On October 19, 2015, the case was converted to Chapter 7. The 341 meeting in the Chapter 7 case was held on November 24, 2015. On February 19, 2016, the trustee filed an application to employ Riggs & Ray, P.C. and Weller, Green, Toups & Terrell, LLP as special litigation counsel (hereafter "Special Counsel") to continue the prosecution on behalf of the debtor's estate of a lawsuit filed by the debtor and affiliated debtor entities styled, Richard F. Herrscher, DDS, MSD, PC, et al., Plaintiffs v. Xerox Corporation, et al., Defendants, Cause No. D-1-GN-15-002055, filed in the 345th Judicial District Court of Travis County, Texas (the "Xerox Lawsuit"). In February 2019, the State of Texas and Xerox entered into a settlement of the State's claims against Xerox. This settlement essentially abated all discovery and settlement discussions in the related litigation involving the debtor and affiliated debtor entities pending the entry of a final order of dismissal in the state's case against Xerox, which occurred in August 2019. Special Counsel will be filing a summary judgment motion with respect to Xerox's liability to the plaintiffs. There is no trial setting in the Xerox Lawsuit. (Reed, Diane)
03/29/202262Trustee's interim report for the period ending: 3/29/2022. Projected date of filing final report: 12/30/2022 The trustee is holding no funds in this case. This case was filed as a Chapter 11 case on April 1, 2015. On October 19, 2015, the case was converted to Chapter 7. The 341 meeting in the Chapter 7 case was held on November 24, 2015. On February 19, 2016, the trustee filed an application to employ Riggs & Ray, P.C. and Weller, Green, Toups & Terrell, LLP as special litigation counsel (hereafter "Special Counsel") to continue the prosecution on behalf of the debtor's estate of a lawsuit filed by the debtor and affiliated debtor entities styled, Richard F. Herrscher, DDS, MSD, PC, et al., Plaintiffs v. Xerox Corporation, et al., Defendants, Cause No. D-1-GN-15-002055, filed in the 345th Judicial District Court of Travis County, Texas (the "Xerox Lawsuit"). In February 2019, the State of Texas and Xerox entered into a settlement of the State's claims against Xerox. This settlement essentially abated all discovery and settlement discussions in the related litigation involving the debtor and affiliated debtor entities pending the entry of a final order of dismissal in the state's case against Xerox, which occurred in August 2019. In the next 60-90 days Special Counsel will be filing a summary judgment motion with respect to Xerox's liability to the plaintiffs. There is no trial setting in the Xerox Lawsuit. (Reed, Diane)
07/28/202161Trustee's interim report for the period ending: 6/30/21. Projected date of filing final report: 12/31/21 The trustee is holding no funds in this case. This case was filed as a Chapter 11 case on April 1, 2015. On October 19, 2015, the case was converted to Chapter 7. The 341 meeting in the Chapter 7 case was held on November 24, 2015. On February 19, 2016, the trustee filed an application to employ Riggs & Ray, P.C. and Weller, Green, Toups & Terrell, LLP as special litigation counsel (hereafter "Special Counsel") to continue the prosecution on behalf of the debtor's estate of a lawsuit filed by the debtor and affiliated debtor entities styled, Richard F. Herrscher, DDS, MSD, PC, et al., Plaintiffs v. Xerox Corporation, et al., Defendants, Cause No. D-1-GN-15-002055, filed in the 345th Judicial District Court of Travis County, Texas (the "Xerox Lawsuit"). In February 2019, the State of Texas and Xerox entered into a settlement of the State's claims against Xerox. This settlement essentially abated all discovery and settlement discussions in the related litigation involving the debtor and affiliated debtor entities pending the entry of a final order of dismissal in the state's case against Xerox, which occurred in August 2019. Special Counsel continues to confer with Xerox's counsel regarding the possible settlement of this litigation, but specific settlement terms have not been agreed to. (Reed, Diane)
07/12/202160Trustee's interim report for the period ending: 7/12/21. Projected date of filing final report: 12/31/2021 The trustee is holding no funds in this case. This case was filed as a Chapter 11 case on April 1, 2015. On October 19, 2015, the case was converted to Chapter 7. The 341 meeting in the Chapter 7 case was held on November 24, 2015. On February 19, 2016, the trustee filed an application to employ Riggs & Ray, P.C. and Weller, Green, Toups & Terrell, LLP as special litigation counsel (hereafter "Special Counsel") to continue the prosecution on behalf of the debtor's estate of a lawsuit filed by the debtor and affiliated debtor entities styled, Richard F. Herrscher, DDS, MSD, PC, et al., Plaintiffs v. Xerox Corporation, et al., Defendants, Cause No. D-1-GN-15-002055, filed in the 345th Judicial District Court of Travis County, Texas (the "Xerox Lawsuit"). In February 2019, the State of Texas and Xerox entered into a settlement of the State's claims against Xerox. This settlement essentially abated all discovery and settlement discussions in the related litigation involving the debtor and affiliated debtor entities pending the entry of a final order of dismissal in the state's case against Xerox, which occurred in August 2019. Special Counsel continues to confer with Xerox's counsel regarding the possible settlement of this litigation, but specific settlement terms have not been agreed to. (Reed, Diane)
01/29/202159Trustee's interim report for the period ending: 1/29/2021. Projected date of filing final report: 6/30/2021 The trustee is holding no funds in this case. This case was filed as a Chapter 11 case on April 1, 2015. On October 19, 2015, the case was converted to Chapter 7. The 341 meeting in the Chapter 7 case was held on November 24, 2015. On February 19, 2016, the trustee filed an application to employ Riggs & Ray, P.C. and Weller, Green, Toups & Terrell, LLP as special litigation counsel (hereafter "Special Counsel") to continue the prosecution on behalf of the debtor's estate of a lawsuit filed by the debtor and affiliated debtor entities styled, Richard F. Herrscher, DDS, MSD, PC, et al., Plaintiffs v. Xerox Corporation, et al., Defendants, Cause No. D-1-GN-15-002055, filed in the 345th Judicial District Court of Travis County, Texas (the "Xerox Lawsuit"). In February 2019, the State of Texas and Xerox entered into a settlement of the State's claims against Xerox. This settlement essentially abated all discovery and settlement discussions in the related litigation involving the debtor and affiliated debtor entities pending the entry of a final order of dismissal in the state's case against Xerox, which occurred in August 2019. Special Counsel continues to confer with Xerox's counsel regarding the possible settlement of this litigation, but specific settlement terms have not been agreed to. (Reed, Diane)