Barons Statement of Issues on Appeal Doc 24

PAGE 1 
IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF TEXAS 
DALLAS DIVISION 
 
Jeffrey Baron     § 
   Appellant   §   
v.      § CASE NO. 3:12-cv-00367-F (O)  
Chapter 11 Trustee Daniel J. Sherman  § 
   Appellee   § 
 
IN THE UNITED STATES BANKRUPTCY COURT 
FOR THE NORTHERN DISTRICT OF TEXAS 
DALLAS DIVISION 
 
In re:   § 
  §      Case No. 09-34784-SGJ 
ONDOVA LIMITED COMPANY,   §     
(Chapter 11)    
Debtor § 
  
 
APPELLANT’S STATEMENT OF ISSUES ON APPEAL AND DESIGNATION OF 
ITEMS FOR THE RECORD 
  NOW COMES Appellant, in accordance with Rule 6(b)(2)(B)(i) of the Federal Rules of 
Appellate Procedure and files this, Appellants’ Statement of Issues on Appeal and designation of 
the record to be certified and sent to the circuit clerk, as follows: 
1.  Whether the Bankruptcy Court erred in granting the motion to sell the domain name 
servers.com. 
2.  Whether the Movant carried its burden of proof of ownership of the asset authorized 
sold. 
3.  Whether the debtor or bankruptcy estate is the owner of the asset authorized sold. 
4.  Whether the Bankruptcy Court had subject matter jurisdiction to enter its order. 
5.  Whether the Bankruptcy Court erred in refusing to allow Mr. Schepps to represent 
Jeffrey Baron’s interests and/or to appear on behalf of Mr. Baron to object to the 
motion for authority to sell the asset. 
6.  Whether the Bankruptcy Court had authority to make a determination as to the 
ownership interest in the property outside of an adversary proceeding. 
7.  Whether the Bankruptcy Court has authority or power pursuant to the doctrine of 
Stern v. Marshall, the U.S. Constitution and/or the Bankruptcy Code or Rules to 
adjudicate or determine title and ownership of the property authorized to be sold. 
Case 3:12-cv-00367-F   Document 24   Filed 02/18/13    Page 1 of 2   PageID 1566

PAGE 2 
8. 
Whether the description of the property sold is legally sufficient to have effect under 
the law. 
9. 
The validity of any sale pursuant to the order. 
 
Item No
  Bankruptcy Docket Description Document No.
1   10-7-2011 Motion to sell property under Section 363(b) Filed by 
Trustee Daniel J. Sherman (Attachments_ _ (1) Proposed Order) 
(Pannier, Lee)  [658] 
658 
2   11-9-2011 Support-supplemental document The Receiver's 
Supplement to Response and Reservation of Rights Related to 
Trustee's Motion for Authority to Sell Property of the Estate-
Servers.com filed by Other [682] 
682 
3  11-14-2011 Order granting trustee's motion to sell property of the 
estate [servers.com] (related document _ _658_) Entered on 11-14-
2011. (Moroles, D.)  [691] 
691 
3  8-27-2012 Order Discharging Show Cause Matters Pertaining to 
Attorneys Gary Schepps and Christopher Payne. Entered on 8-27-
2012 (RE_ related document(s)_637_ Motion to strike document,  
[807] 
807 
4  Transcript regarding Hearing Held 11/09/2011 RE: Motions to Sell 
Property. 
687 
 
Respectfully submitted, 
/s/ Gary N. Schepps 
Gary N. Schepps 
Texas State Bar No. 00791608 
Drawer 670804  
Dallas, Texas 75367  
(972) 200-0000 - Telephone 
(972) 200-0535 - Facsimile 
Email: legal@schepps.net 
Counsel for Appellant 
 
CERTIFICATE OF SERVICE 
 
    This is to certify that this was served on all parties who receive notification  
through the Court’s electronic filing system. 
/s/ Gary N. Schepps
 
Case 3:12-cv-00367-F   Document 24   Filed 02/18/13    Page 2 of 2   PageID 1567