FRE Real Estate, Inc.
11
06/03/2014
Yes
| REFORM, CLOSED |
Assigned to: D. Michael Lynn Chapter 11 Voluntary Asset Debtor disposition: Dismissed for Other Reason |
|
Debtor FRE Real Estate, Inc., a Corporation
6731 Bridge Street Suite 373 Fort Worth, TX 76112 TARRANT-TX Tax ID / EIN: 20-8019480 aka Fenton Real Estate, Inc. aka TCI Park West II, Inc. |
represented by |
Jason Patrick Kathman
Pronske Goolsby & Kathman, P.C. 2200 Ross Ave.,Ste. 5350 Dallas, TX 75201 (214) 658-6500 Fax : (214) 658-6509 Email: jkathman@pgkpc.com Robert A. Simon
Barlow Garsek & Simon, LLP 920 Foch Street Fort Worth, TX 76107 (817) 731-4500 Fax : (817) 731-6200 Email: rsimon@bgsfirm.com Spencer D. Solomon
Nathan Sommers Jacobs, P.C. 2800 Post Oak Blvd., 61st Floor Houston, TX 77056 (713) 960-0303 Fax : (713) 892-4800 Email: ssolomon@nathansommers.com |
U.S. Trustee United States Trustee
1100 Commerce Street Room 976 Dallas, TX 75242 214-767-8967 |
represented by |
Elizabeth A. Ziegler
U.S. Trustee Office 1100 Commerce Street, Room 976 Dallas, TX 75242 (214) 767-8967 Fax : (214) 767-8971 Email: elizabeth.ziegler@usdoj.gov |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/03/2014 | 167 | Order granting amended motion confirming the scope of this court's June 6, 2011 Memorandum Opinion and Order (related document [146]) Entered on 6/3/2014. (Bradden, T.) |
| 05/31/2014 | 166 | BNC certificate of mailing - PDF document. (RE: related document(s)[163] Order denying motion to reopen case for want of prosecution (related document [142]) Entered on 5/29/2014. (Bradden, T.)) No. of Notices: 3. Notice Date 05/31/2014. (Admin.) |
| 05/29/2014 | 165 | Order vacating order Entered on 5/29/2014 (RE: related document(s)[164] Order on motion to enforce). (Bradden, T.) |
| 05/29/2014 | 164 | Order denying motion to confirm scope of memorandum opinion and order for want of prosecution (Related Doc [143]) Entered on 5/29/2014. (Bradden, T.) |
| 05/29/2014 | 163 | (2 pgs)Order denying motion to reopen case for want of prosecution (related document # 142) Entered on 5/29/2014. (Bradden, T.) |
| 04/28/2014 | 162 | (1 pg)Clerk's correspondence requesting Case Status from attorney for creditor. (RE: related document(s) 143Motion Of Highland Capital Management, L.P. And NexBank, SSB To Confirm The Scope Of June 6, 2011 Memorandum Opinion And OrderFiled by Highland Capital Management, L.P., NexBank, SSB (Attachments: # 1 Exhibit 1 - 5 # 2 Proposed Order) (Warner, Michael) Modified docket text on 2/10/2014 ., 146Amended motion to confirm the scope of 6/6/2011 memorandum opinion and order filed by Highland Capital Management, L.P. , NexBank, SSB . (RE: related document(s) 143Motion Of Highland Capital Management, L.P. And NexBank, SSB To Confirm The Scope Of June 6, 2011 Memorandum Opinion And OrderFiled by Highland Capital Management, L.P., NexBank, SSB (Attachments: # 1 Exhibit 1 - 5 # 2 Proposed Order) (Warner, Michael) Modified docket text on 2/10/2014 .) (Attachments: # 1 Exhibit 1-6)) Responses due by 5/12/2014. (Hyden, Kara) |
| 04/28/2014 | 161 | (1 pg)Clerk's correspondence requesting an order from attorney for creditor. (RE: related document(s) 142Motion to reopen case. Fee amount $1167, Filed by NexBank, SSB, Highland Capital Management, L.P. (Attachments: # 1 Proposed Order)) Responses due by 5/8/2014. (Hyden, Kara) |
| 03/12/2014 | 160 | Transcript regarding Hearing Held 03/04/2014 (53 pgs.) RE: Motion to Reopen Case; Motion to Confirm Scope of Memorandum Opinion and Order. THIS TRANSCRIPT WILL BE MADE ELECTRONICALLY AVAILABLE TO THE GENERAL PUBLIC 90 DAYS AFTER THE DATE OF FILING. TRANSCRIPT RELEASE DATE IS 06/10/2014. Until that time the transcript may be viewed at the Clerk's Office or a copy may be obtained from the official court transcriber. Court Reporter/Transcriber Kathy Rehling, kathyrehlingtranscripts@gmail.com, Telephone number 940-498-2402. (RE: related document(s)Hearing held on 3/4/2014. (RE: related document(s) 142Motion to reopen case. Fee amount $1167, Filed by NexBank, SSB, Highland Capital Management, L.P. ***DENIED***,Hearing held on 3/4/2014. (RE: related document(s) 146Amended motion to confirm the scope of 6/6/2011 memorandum opinion and order filed by Highland Capital Management, L.P., NexBank, SSB. (RE: related document(s) 143Motion Of Highland Capital Management, L.P. And NexBank, SSB To Confirm The Scope Of June 6, 2011 Memorandum Opinion And OrderFiled by Highland Capital Management, L.P., NexBank, SSB *** GRANTED*** COURTS RULING: BASED ON THE RECORD BEFORE ME IT APPEARS THAT THE ASSIGNMENT WAS NOT EFFECTIVE UNTIL DELIVERY AND DELIVERY OF THE ASSIGNMENT, INCLUDING THE SIGNATURE PAGES, DID NOT OCCUR UNTIL AFTER THE STAY WAS LIFTED. MOREOVER, I WOULD CONCLUDE THAT WHEN I WROTE THE ORDER THAT IS INCLUDED IN THE MEMORANDUM OPINION I ANTICIPATED THAT THE LENDER MIGHT USE A SPECIAL PURPOSE ENTITY FOR FORECLOSURE PURPOSES. THATS A COMMON STRATEGY AND ITS ONE THAT I WOULD HAVE CONTEMPLATED AT THE TIME THAT I WROTE THE ORDER...THEREFORE, I WILL CONCLUDE THAT THE ORDER WOULD HAVE PERMITTED HOLDCO, PROVIDED IT WAS NOT THE OWNER OF THE PROPERTY BEFORE HAND, TO GO FORWARD WITH THE FORECLOSURE AFTER THE STAY WAS LIFTED...FURTHERMORE, I DO NOT BELIEVE THAT THE STATE COURT IS A PROPER FORUM TO DETERMINE WHETHER OR NOT THERE'S BEEN A VIOLATION OF THE AUTOMATIC STAY IN THIS COURT...AND TO THE EXTENT THERE IS ASSERTED TO BE A VIOLATION OF THE AUTOMATIC STAY, I BELIEVE IT IS THIS COURT THAT OUGHT TO REOPEN THE CASE FOR PURPOSES OF DETERMINING WHETHER THAT IS SO AND REACH A DETERMINATION AS TO WHETHER OR NOT THERE IS A VIOLATION OF THE STAY...BASED ON THE RECORD BEFORE ME I WOULD FIND NO SUCH VIOLATION.). Transcript to be made available to the public on 06/10/2014. (Rehling, Kathy) |
| 03/12/2014 | 159 | (1 pg)Clerk's correspondence requesting an order from attorney for creditor. (RE: related document(s) 142Motion to reopen case. Fee amount $1167, Filed by NexBank, SSB, Highland Capital Management, L.P. (Attachments: # 1 Proposed Order)) Responses due by 4/11/2014. (Chambers, Deanna) Modified on 3/12/2014 (Chambers, Deanna). |
| 03/05/2014 | 158 | "COPY" REQUEST FOR transcript regarding a hearing held on 3/4/2014. The requested turn-around time is...(Maben, S) |