| Court: | txnd |
| Docket #: | 4:16-cv-00200 |
| Case Name: | Life Partners Creditors' Trust, et al. v. Sundelius, et al |
| PACER case #: | 270931 |
| Date filed: | 2016-03-14 |
| Assigned to: | Judge John McBryde |
| Case Cause: | 28:0157 Motion for Withdrawal of Reference |
| Nature of Suit: | 423 Bankruptcy: Withdrawal 28 USC 157 |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Life Settlement Exchange, LLC Petitioner TERMINATED: 03/06/2017 |
Thomas S Brandon , Jr David Robert Eastlake Natalie Deyo Thompson Peter Samir Wahby Rebecca Kristine Eaton Shari L Heyen |
| Falco Group, LLC Petitioner TERMINATED: 03/06/2017 |
David Robert Eastlake Natalie Deyo Thompson Peter Samir Wahby Shari L Heyen |
| H. Thomas Moran, II Respondent as chapter 11 Trustee |
Katharine Battaia Clark David Mark Bennett Jennifer Rudenick Ecklund Nicole Leigh Williams Richard B Roper , III |
| Russell F Nelms Bankruptcy Judge |
Russell F Nelms |
| Case Admin Sup Notice Only |
Case Admin Sup |
| H Peyton Inge Defendant |
H Peyton Inge |
| Asset Servicing Group, LLC ThirdParty Defendant |
Katharine Battaia Clark David Mark Bennett Nicole Leigh Williams |
| David M. Bennett ThirdParty Defendant |
G Luke Ashley E Michael Sheehan Kathleen Virginia Wade |
| Thompson & Knight LLP ThirdParty Defendant |
G Luke Ashley E Michael Sheehan Kathleen Virginia Wade |
| Life Partners Holdings, Inc. In Re et. al. Debtors |
|
| Life Partners Creditors' Trust Plaintiff |
Dennis L Roossien Alyssa M Pazandak James M McGee Phil C Appenzeller , Jr |
| Alan M. Jacobs Plaintiff As Trustee for Life Partners Creditors' Trust |
Dennis L Roossien Alyssa M Pazandak James M McGee Phil C Appenzeller , Jr |
| James Sundelius Defendant 160 constellation Drive Cresson, TX 76035 TERMINATED: 03/06/2017 |
|
| Security Reserve Financial, Inc. Defendant c/o John H. Merbler 9400 North Central Expressway Suite 908 Dallas, TX 75231 TERMINATED: 06/14/2017 |
|
| Fred A Cowley Defendant 1000 West 4th Street Keene, TX 76059 |
Thomas S Brandon , Jr |
| Gallagher Financial Group Defendant c/o Neil Gallagher 1845 Precinct Line Road Suite 106 Hurst, TX 76054 |
Thomas Giles Farrier James Dan Moorhead Mark J Petrocchi |
| Edward G. Burford Corporation Defendant c/o Edward G. Burford 5719 Club Hill Circle Dallas, TX 75248 |
Thomas S Brandon , Jr |
| Sun Safety, Inc. Defendant c/o David W. Savage 1815 Lakecrest Court Carrollton, TX 75006 TERMINATED: 06/14/2017 |
|
| Faye Bagby Defendant 654 Old Justin Road 12478 Argyle, TX 76226 |
Thomas S Brandon , Jr Kelly J Curnutt |
| Ella Oliver Defendant 3195 Whitely Road Wylie, TX 75098 doing business asInvestingmakesmesick.com |
J Mitchell Little Charlene Cantrell Koonce Kelly M Crawford Peter C Lewis |
| Wealthstone Financial Defendant |
Thomas S Brandon , Jr |
| Mark McKay Defendant |
J Mitchell Little Charlene Cantrell Koonce Kelly M Crawford Peter C Lewis |
| Kainos Asset Management, LLC Defendant |
Thomas S Brandon , Jr |
| Life Strategy Services, LLC Defendant c/o Ted Hasson 2207 Blue Willow Drive Houston, TX 77042 TERMINATED: 06/14/2017 |
|
| Ted Hasson Defendant |
Ted Hasson |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2016-03-14 | 1 | 0 | Notice of transmittal of motion for Withdrawal of Reference in bankruptcy case number 15-4087 to presiding judge. The filing fee has been paid in the Bankruptcy Court. A link to the Judges Copy Requirements is provided for your review. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Motion to Withdraw Reference) (McCrory - TXNB, Jana) (gmg). (Entered: 03/14/2016) | |||
| 2016-03-14 | 2 | 0 | Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 3/14/2016) (wrb) (Entered: 03/14/2016) | |||
| 2016-04-08 | 3 | 0 | NOTICE of Related Cases filed by H. Thomas Moran, II. (tln) (Entered: 04/08/2016) | |||
| 2016-06-08 | 4 | 0 | ADDITIONAL ATTACHMENTS to 1 Notice Transmitting BK Appeal/ROA or Withdrawal of Reference,,, (Attachments: # 1 Order Abating Adversary) (Levario - BK, Tandi) (Entered: 06/08/2016) | |||
| 2016-10-05 | 5 | 0 | ORDER: If the movants have a reason why the motion to withdraw the reference should not be denied at this time, they should file a document in the above-captioned district court action by 4:00 p.m. on October 12, 2016, in which they explain in detail why it should not be denied. (Ordered by Judge John McBryde on 10/5/2016) (tln) (Entered: 10/05/2016) | |||
| 2016-10-11 | 6 | 0 | RESPONSE filed by Falco Group, LLC, Life Settlement Exchange, LLC re: 5 ORDER. (tln) (Entered: 10/11/2016) | |||
| 2016-12-09 | 7 | 0 | STATUS REPORT filed by Falco Group, LLC, Life Settlement Exchange, LLC. (hth) (Entered: 12/09/2016) | |||
| 2017-04-17 | 8 | 0 | Notice of transmittal of Report & Recommendation re: motion for Withdrawal of Reference in <a href=https://ecf.txnb.uscourts.gov target=_blank>bankruptcy case</a> number 15-4087 to presiding judge. The filing fee has been paid in the Bankruptcy Court. A link to the <a href=http://www.txnd.uscourts.gov/sites/default/files/documents/judgescopyrequirements.pdf target=_blank>Judges Copy Requirements</a> is provided for your review. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: <a href=http://www.txnd.uscourts.gov/attorneyinfo/bar.html target=_blank>Attorney Information - Bar Membership</a>. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Report & Recommendation) (Levario - BK, Tandi) (Entered: 04/17/2017) | |||
| 2017-04-18 | 9 | 0 | ORDER: The court ORDERS that the motion to withdraw reference filed in the above-referenced district court case be, and is hereby, granted, and the reference of Adversary No. 15-04087-rfn to the United States Bankruptcy Court be, and is hereby withdrawn. The court further ORDERS that all pending motions to dismiss filed in the adversary proceeding be, and are hereby, referred to Judge Nelms for report and recommendation, consistent with the procedure contemplated by 28 U.S.C. § 157(c) (1). (Ordered by Judge John McBryde on 4/18/2017) (tln) (Entered: 04/18/2017) | |||
| 2017-04-21 | 10 | 0 | MOTION to Withdraw and Substitute Counsel, filed by Life Settlement Exchange, LLC, Falco Group, LLC. (tln) (Entered: 04/21/2017) | |||
| 2017-04-21 | 11 | 0 | ORDER denying 10 Motion to Withdraw and Substitute Substitute Counsel. (Ordered by Judge John McBryde on 4/21/2017) (tln) (Entered: 04/21/2017) | |||
| 2017-04-25 | 12 | 0 | ***WITHDRAWN PER DOC 13 ***MOTION to Withdraw and Substitute Counsel filed by Falco Group, LLC, Life Settlement Exchange, LLC. (tln) Modified text on 4/27/2017 (tln). (Entered: 04/25/2017) | |||
| 2017-04-27 | 13 | 0 | NOTICE of Withdrawal of 12 MOTION to Withdraw and Substitute Counsel filed by Falco Group, LLC, Life Settlement Exchange, LLC. (tln) (Entered: 04/27/2017) | |||
| 2017-04-27 | 14 | 0 | ORDER: The court ORDERS that all motions not previously addressed by order of this court that were filed in the adversary proceeding prior to withdrawal of the reference be, and are hereby, referred to Judge Nelms for report and recommendation, consistent with the procedure contemplated by 28 U.S.C. § 157 (c) (1). (Ordered by Judge John McBryde on 4/27/2017) (tln) (Entered: 04/27/2017) | |||
| 2017-05-05 | 15 | 0 | Mail returned as undeliverable. 11 Order on Motion to Substitute Attorney received back from Security reserve financial Inc. c/o John H. Merbler as return to Sender No Such Number Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (edm) (Entered: 05/05/2017) | |||
| 2017-05-05 | 16 | 0 | Plantiff's Omnibus Response to Defendants' Motions to Dismiss filed by Alan M. Jacobs, Life Partners Creditors' Trust. (edm) (Entered: 05/05/2017) | |||
| 2017-05-05 | 17 | 0 | Brief in Support filed by Alan M. Jacobs, Life Partners Creditors' Trust re 16 Response. (edm) (Entered: 05/05/2017) | |||
| 2017-05-05 | 18 | 0 | Appendix in Support filed by Alan M. Jacobs, Life Partners Creditors' Trust re 16 Response. (Attachments: # 1 pages 63-116, # 2 pages 117-177) (edm) (Entered: 05/05/2017) | |||
| 2017-05-08 | 19 | 0 | NOTICE of Change of Address for Pro Se litigant H Peyton Inge. New address: 1149 Shady Oak Circle, Argyle, TX 76226. (tln) (Entered: 05/08/2017) | |||
| 2017-05-17 | 20 | 0 | DEMAND for Trial by Jury by Alan M. Jacobs, Life Partners Creditors' Trust. (tln) (Entered: 05/17/2017) | |||
| 2017-05-18 | 21 | 0 | REPLY in Support of Motion to Dismiss filed by Mark McKay, Ella Oliver. (tln) (Entered: 05/18/2017) | |||
| 2017-05-18 | 22 | 0 | NOTICE of Hearing filed by Alan M. Jacobs, Life Partners Creditors' Trust. (tln) (Entered: 05/18/2017) | |||
| 2017-05-18 | 23 | 0 | NOTICE of Hearing filed by Alan M. Jacobs, Life Partners Creditors' Trust. (tln) (Entered: 05/18/2017) | |||
| 2017-05-18 | 24 | 0 | NOTICE of Hearing filed by Alan M. Jacobs, Life Partners Creditors' Trust. (tln) (Entered: 05/18/2017) | |||
| 2017-05-19 | 25 | 0 | ***UNFILED PER 26 ORDER***REPLY filed by Gallagher Financial Group re: 16 Response/Objection, 17 Brief/Memorandum in Support of Motion (Farrier, Thomas) Modified text on 5/22/2017 (tln). (Entered: 05/19/2017) | |||
| 2017-05-22 | 26 | 0 | Order Unfiling 25 Reply filed by Gallagher Financial Group due to the following deficiency: This case is not designated for electronic filing. All documents should be filed in traditional paper form, bearing the original signature of the filer. (Ordered by Judge John McBryde on 5/22/2017) (tln) (Entered: 05/22/2017) | |||
| 2017-05-22 | 27 | 0 | REPLY Brief in Support of Second Motion to Dismiss filed by Gallagher Financial Group. (tln) (Entered: 05/22/2017) | |||
| 2017-05-30 | 28 | 0 | MOTION to Strike Defendant H. Peyton Inge's Untimely Amended Claim and Brief in Support filed by Asset Servicing Group, LLC [Relates to Adversary Dkt. Nos. 143 and 144]. (tln) (Entered: 05/30/2017) | |||
| 2017-05-30 | 29 | 0 | Second MOTION to Dismiss and Brief in Support Pursuant to Rules 12(B)(1) and 12(B)(6) of the Federal Rules of Civil Procedure filed by Asset Servicing Group, LLC [Relates to Adversary Dkt. Nos. 33, 34, 35, 143 and 144]. (tln) (Entered: 05/30/2017) | |||
| 2017-05-30 | 30 | 0 | MOTION to Strike Defendant H. Peyton Inge's Untimely Amended Claim and Brief in Support filed by H. Thomas Moran, II [Relates to Adversary Dkt. Nos. 143 and 144]. (tln) (Entered: 05/30/2017) | |||
| 2017-05-30 | 31 | 0 | Second MOTION to Dismiss and Brief in Support Pursuant to Rules 12(B)(1) and 12(B)(6) of the Federal Rules of Civil Procedure filed by H. Thomas Moran, II [Relates to Adversary Dkt. Nos. 33, 34, 35, 143 and 144]. (tln) (Entered: 05/30/2017) | |||
| 2017-05-30 | 32 | 0 | Appendix in Support filed by H. Thomas Moran, II re 31 Second MOTION to Dismiss and Brief in Support Pursuant to Rules 12(B)(1) and 12(B)(6) of the Federal Rules of Civil Procedure. (tln) (Entered: 05/30/2017) | |||
| 2017-05-31 | 33 | 0 | ORDER: On May 30, 2017, third-party defendant Asset Servicing Group, LLC ("ASG") filed its 28 motion to strike defendant H. Peyton Inge's untimely amended claim and its 29 second motion to dismiss (the "ASG motions"). Also on May 30, 2017, H. Thomas Moran, as chapter 11 Trustee of Life Partners Holdings, Inc., Life Partners, Inc., and LPI Financial Services, Inc. ("Moran") filedhis 30 motion to strike defendant H. Peyton Inge's untimely amended claim and his 31 second motion to dismiss (the "Moran motions"). The court finds that the motions should be referred to the bankruptcy judge for a report and recommendation, consistent with the procedures contemplated by 28 U.S.C. § 157(c) (1), after the bankruptcy court has taken such steps as the bankruptcy judge considers appropriate in preparation therefor. The court ORDERS referral of the ASG motions and the Moran motions to the bankruptcy court for report and recommendation, consistent with the procedure contemplated by 28 U.S.C. § 157 (c) (1). (Ordered by Judge John McBryde on 5/31/2017) (tln) (Entered: 05/31/2017) | |||
| 2017-06-05 | 34 | 0 | NOTICE of Attorney Appearance by G Luke Ashley, E Michael Sheehan, Kathleen Virginia Wade on behalf of David M. Bennett, Thompson & Knight LLP. (tln) (Entered: 06/05/2017) | |||
| 2017-06-05 | 35 | 0 | MOTION to Disregard Filings by H. Peyton Inge [Related to Adversary No. 15-04087 Dkt. Nos. 168 and 169], filed by David M. Bennett, Thompson & Knight LLP. (tln) (Entered: 06/05/2017) | |||
| 2017-06-05 | 36 | 0 | Brief in Support filed by David M. Bennett, Thompson & Knight LLP re 35 MOTION to Disregard Filings by H. Peyton Inge [Related to Adversary No. 15-04087 Dkt. Nos. 168 and 169]. (tln) (Entered: 06/05/2017) | |||
| 2017-06-06 | 37 | 0 | ORDER: The court ORDERS that by 4:00 p.m. on June 16, 2017, plaintiffs, Life Partners Creditors' Trust and Alan M. Jacobs, as Trustee for Life Partners Creditors' Trust, file either proof of proper service of summons and third amended complaint on defendants Abundant Income, LLC, Life Strategy Services, LLC, Security Reserve Financial, Inc., and Sun Safety, Inc., or an instrument containing a satisfactory explanation, in affidavit form, as to why such proof cannot be filed. If plaintiffs fail to comply with this order the court will consider the dismissal, without further notice, of plaintiffs' claims and causes of action against said defendants, as authorized by Rule 4(m) of the Federal Rules of Civil Procedure. (Ordered by Judge John McBryde on 6/6/2017) (tln) (Entered: 06/06/2017) | |||
| 2017-06-14 | 38 | 0 | NOTICE of Voluntary Dismissal without Prejudice of Sun Safety Inc filed by Life Partners Creditors' Trust and Alan M. Jacobs. (bdb) Modified to add filer on 6/15/2017 (bdb). (Entered: 06/14/2017) | |||
| 2017-06-14 | 39 | 0 | NOTICE of Voluntary Dismissal without Prejudice of Life Strategy Services LLC filed by Life Partners Creditors' Trust and Alan M. Jacobs. (bdb) Modified to add filer on 6/15/2017 (bdb). (Entered: 06/14/2017) | |||
| 2017-06-14 | 40 | 0 | NOTICE of Voluntary Dismissal without Prejudice of Security Reserve Financial Inc filed by Life Partners Creditors' Trust and Alan M. Jacobs. (bdb) Modified to add filer on 6/15/2017 (bdb). (Entered: 06/14/2017) | |||
| 2017-06-14 | 41 | 0 | FINAL JUDGMENT AS TO CERTAIN DEFENDANTS: In accordance with the notices of dismissal without prejudice filed this date, the court ORDERS, ADJUDGES, and DECREES that the claims of plaintiffs, Life Partners Creditors' Trust and Alan M. Jacobs, as Trustee for Life Partners Creditors' Trust, against defendants Sun Safety, Inc., Life Strategy Services, LLC, and Security Reserve Financial, Inc., be, and are hereby dismissed without prejudice. The court determines that there is no just reason for delay in, and hereby, directs entry of final judgment as to the dismissal of said claims. (Ordered by Judge John McBryde on 6/14/2017) (tln) (Entered: 06/15/2017) | |||
| 2017-06-15 | 42 | 0 | Plaintiffs' MOTION for Partial Relief from Order on Rule 4m Dismissal filed by Alan M. Jacobs, Life Partners Creditors' Trust. (tln) (Entered: 06/15/2017) | |||
| 2017-06-16 | 43 | 0 | ORDER granting 42 MOTION for Partial Relief from Order on Rule 4m Dismissal. Plaintiffs are relieved of the obligation to show that they have accomplished service of process on Abundant Income, LLC, in this action. (Ordered by Judge John McBryde on 6/16/2017) (tln) (Entered: 06/16/2017) |