They Said It

Byman v. Lee (In re Jackson), 2021 Bankr. LEXIS 313, at *8-19 (Bankr. S.D. Tex. Feb. 8, 2021) (Norman, J.) (Condensed):

As a result of a judgment in a separate lawsuit, the 298th Judicial District Court of Dallas County, Texas appointed Andrew R. Korn as a receiver to collect on the judgment. This receiver executed on Jackson's assets while he still resided at the River Oaks Property, and after he moved to the Woods Bridge Property…

The Court finds that the $174,000.00 was an asset of Jackson's at the time of transfer… the Court looks to whether there was actual intent to hinder, delay, or defraud the debtor's creditors...

The transfer of funds was made with the intent to avoid the judgments against Jackson and the receiver, who was as described at trial "very aggressive."

Since that time, the Receiver has engaged in a relentless campaign to collect the judgment.

Cause No. DC-14-13421

FRIEDMAN & FEIGER LLP,

PLAINTIFF

David Joachim, Janmark Ventures, Clark Simmons, H.S. Joachim Family Limited partnership, LTD., William Karrington, and International Realty Concepts, INC.

DEFENDANTS

IN THE DISTRICT COURT OF

DALLAS COUNTY, TEXAS

160th JUDICIAL DISTRICT

Motion for in camera Inspection

On December 29, 2017, Ellis County Deputy Sheriff Carol Darling, accompanied by counsel for Plaintiffs, Andrew Korn, demanded entry into the homestead Mr. Richie shares with his wife at 2414 Westmoreland, Red Oak (Ovilla), Texas.

For the next ten hours, Deputy Darling, Mr. Korn, and others rifled through the Richies' belongings, picking and choosing items on which to levy in order to satisfy the Judgment...

Cause No. DC-17-15419

BUSINESS IMPERATIVES, LLC, AND
CONWAYHO
PLAINTIFFS,

PLAINTIFFS,

JEFFREY A. RICHIE AND
Cause No. DC-17-15419
FORTRESS FINANCIAL SERVICES, INC.,

defendantS.

IN THE DISTRICT COURT OF

DALLAS COUNTY, TEXAS

193rd JUDICIAL DISTRICT

DEFENDANT JEFFREY A. RICHIE’S EMERGENCY APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION

The facts are the Receiver is an overzealous advocate... the record in this case of the reckless and callous manner this Receiver has conducted his one-man persecution of Debtor Melton...

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS FT.WORTH DIVISION

In RE:

H.MELTON VENTURES, LLC

DEbtor.

Henry J. MELTON

Case No.17-43922-RFN-11

Case No. 17-44206-RFN-11

Case No. 17-44521-MXM-11 PROCEDURALLY CONSOLIDATED UNDER CASE # 17-43922-RFN-11

RESPONSE TO MOTION AND BRIEF FOR ORDER REGARDING AN EXCEPTION TO THE AUTOMATIC STAY TO VINDICATE AND UPHOLD THE DIGNITY AND AUTHORITY OF A NON-BANKRIUPTCY COURT

To give the Court an idea of what happened last Friday night at 11 o'clock Mr. Korn entered the premises at least with one dog while the premises was full of occupants; told all of the occupants to leave; seized money on the property and locked everyone out.

Cause No. DC-16-09291

X EXTREME CONSTRUCTION & REHAB, INC. Plaintiff(s),

HENRY JAMES MELTON, II, ) MICHAEL WARDEN AND H MELTON ) VENTURES, LLC, ) )

Defendant(s).

IN THE DISTRICT COURT OF

DALLAS COUNTY, TEXAS

134th JUDICIAL DISTRICT

RECEIVER’S MOTION FOR CONTEMPT & SANCTIONS AGAINST DEFENDANTS AND FOR ADDITIONAL EXPENSES HEARING

MR. MEIXELSPERGER: We are the landlord of Havana Social Club and I just want to make the Court aware of what's happened in last four or five days. The Havana Social Club was locked out by the receiver. The lease that the Victory has is with Havana Social Club, LLC, not with any of the judgment debtors in this case. We believe that the receiver overstepped and overreached on the order in locking up the Havana Social Club… Mr. Korn and I have had a cordial relationship to try to work this out… but we believe this was overreached by the receiver and improper…

THE COURT: Mr. Korn, do you wish to make a statement?

MR. KORN: Less anything he said was reached by agreement, I disagree. But I think most of what he is complaining about is mooted by the settlement agreement to relinquish the premises back. I forgot to have the debate about whether I can go take stuff that should have been turned over to me. We can do that, but I don't think they will come back and I will not waste any more of your time on it, Your Honor.

MR. MEIXELSPERGER: Respectfully, Your Honor. In just a moment I think Mr. Korn is right that we seemed to have resolved it. My client is very disturbed by what happened.

THE COURT: I understand.

REPORTER'S RECORD VOLUME 1 OF 1 VOLUMES TRIAL COURT CAUSE NO. DC-16-09291

X EXTREME CONSTRUCTION & REHAB, INC. Plaintiff(s),

HENRY JAMES MELTON, II, ) MICHAEL WARDEN AND H MELTON ) VENTURES, LLC, ) )

Defendant(s).

IN THE DISTRICT COURT OF

DALLAS COUNTY, TEXAS

134th JUDICIAL DISTRICT

RECEIVER’S MOTION FOR CONTEMPT & SANCTIONS AGAINST DEFENDANTS AND ADDITIONAL EXPENSES HEARING

The Debtor had no other options left to him other than to file this bankruptcy case to try to stop the injustices occurring in state court – where his exempt vehicle was seized (and only returned after hearings before two courts), his teacher retirement money was taken, his mailing address was changed, his bills went unpaid because the Receiver held them, his medical mail was opened, his exempt personal property was seized and sold, and any semblance of a normal life was being destroyed.

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

In RE:

David Norman Joachim

DEbtor.

Case No. DC-19-34546

Chapter 7

DEBTOR’S REPLY TO FRIEDMAN & FEIGER, LLP AND ANDREW R. KORN’S OBJECTION TO MOTION EXTENDING AUTOMATIC STAY

...extension of the automatic stay is necessary to aid the Chapter 7 Trustee in preserving the bankruptcy estate by staying all of the voluminous turnover activities of an aggressive receiver appointed in the underlying state court proceeding DC-14-13421.

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

In RE:

David Norman Joachim

DEbtor.

Case No. DC-19-34546

Chapter 7

MOTION OF DEBTOR FOR ENTRY OF ORDER PURSUANT TO 11 U.S.C. §§ 105(a) AND 362 EXTENDING AUTOMATIC STAY

The madness that has ensued since the appointment of the Receiver is surely not what the Court envisioned when the Court signed the ex parte order appointing the Receiver to collect on a judgment... Recently, the Receiver has sent poems to counsel for Saad...

Demand (in the form of a Haiku) to all attorneys for Mr. Saad:

I am Receiver.

Saad money and property.

Deliver them now.

Cause No. DF-14-14203

FRIEDMAN & FEIGER LLP,

INTERVENOR,

IN THE MATTER OF THE MARRIAGE OF SHEREEN YASSIN SAAD,

and

TONY R. SAAD,

AND IN THE INTEREST OF

T.S. AND M.S., CHILDREN

IN THE DISTRICT COURT OF

DALLAS COUNTY, TEXAS

254th JUDICIAL DISTRICT

TONY SAAD’S EMERGENCY MOTION FOR PROTECTIVE ORDER AND TO STAY POST-JUDGMENT COLLECTION PENDING RESOLUTION OF MOTION FOR JUDGMENT NUNC PRO TUNC AND APPEAL

Because the proposed Order was written so broadly, and included Mrs. Wampler’s separate property, the Receiver was authorized to, and did, seize Mrs. Wampler’s separate property... Intervenors do not allege that the Receiver acted improperly. Intervenors recognize that the Receiver acted consistently with the Order and within the bounds of authorization of the Order. Intervenor objects to Mr. Crail’s over-reaching in proposing the Order, not to the Receiver’s actions in carrying out the Order.

CAUSE NO. 20-1513-A

CHARLES S. CRAIL AUTOMOBILES, et al. §

JOHN WAMPLER

IN THE DISTRICT COURT OF

Smith COUNTY, TEXAS

7th JUDICIAL DISTRICT

PETITION IN INTERVENTION, MOTION TO CORRECT TURNOVER AND RECEIVERSHIP ORDERS, MOTION FOR SUSPENSION ORDER PENDING POSTING OF APPLICANT’S BOND, MOTION TO DIRECT THE RECEIVER TO RELEASE PROPERTY, AND MOTION TO RECOVER DAMAGES