Argument that Ch 7 circumvented Fifth Circuit order to wind down Receivership and did not return Barons property

CASE NO. 13-10696 
 
IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 
   
 
NETSPHERE, INC., et. al., 
         
        Appellees, 
v. 
 
JEFFREY BARON, et. al., 
 
        Appellants. 
 
 
On Appeal from the United States District Court 
for the Northern District of Texas, Dallas Division 
District Court No. 3:09-cv-0988-L 
   
 
SUGGESTION OF BANKRUPTCY AS TO INVOLUNTARY DEBTOR JEFFREY BARON 
   
 
  Respectfully submitted, 
 
  /s/ Mpatanishi Tayari Garrett  
  Mpatanishi Tayari Garrett 
  TX State Bar No. 24073090 
  TAYARI LAW PLLC 
  100 Crescent Court, Suite 700 
  Dallas, TX 75201 
  Tel/Fax: (877) 829.2740 
  Email:  m.tayari@tayarilaw.com 
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COMES NOW Appellant Jeffrey Baron, by and through his undersigned attorney, and 
would show the Court: 
1.   He has been adjudged an involuntary Chapter 7 debtor under Title 11, 
United States Code, in the United States Bankruptcy Court for the Northern District of 
Texas, which bears the case number 12-37921-sgj7.  
2.  An Order for Relief was entered on June 26, 2013 over Baron’s ardent 
objections, where an appeal of the Order for Relief is currently pending.  Although he is 
without bankruptcy counsel because the involuntary petition circumvented the Fifth 
Circuit’s December 2012 Order and subsequent mandate to return receivership 
property to Baron, and where he cannot access funds sufficient to hire bankruptcy 
counsel, the Bankruptcy Court denied Baron’s request for a stay of its Order for Relief. 
3.   Shortly after Baron’s request for a stay of the Order for Relief was denied 
by the Bankruptcy Court, believing the automatic stay applies, attorneys for Baron’s 
Chapter 7 trustee have requested Baron suspend his pursuit of the instant appeal. (See 
Attached Exh. A). 
4.  Although Baron disagrees the automatic stay applies to this proceeding 
because it is not an action “against the debtor” within the meaning of § 362 of the 
bankruptcy code, he has agreed to file the instant Suggestion of Bankruptcy in an effort 
to minimize costs to his estate and to preserve judicial economy.  Baron, however, 
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reserves all rights with respect to this appeal and maintains the Bankruptcy Court does 
not have jurisdiction to pursue the underlying involuntary process. 
5.   This Suggestion of Bankruptcy applies to Baron only, and is not intended to 
apply to co-appellants Novo Point LLC and Quantec LLC, both of which may continue to 
pursue the instant appeal. See Wedgeworth v. Fibreboard, 706 F.2d 541,544 (5
th
 Cir. 
1983)(the language of the automatic stay only stays actions against the debtor).  
WHEREFORE, appellant files this suggestion that this action has been stayed 
against Jeffrey Baron by the operation of 11 U.S.C. § 362. 
Respectfully submitted, 
              TAYARI LAW PLLC     
             By:  /s/ Mpatanishi Tayari Garrett    
           Mpatanishi Tayari Garrett 
         TX State Bar No. 24073090 
100 Crescent Court, Suite 700    
Dallas, TX  75201 
Tel/fax:    877.829.2740 
email:      m.tayari@tayarilaw.com 
 
 
CERTIFICATE OF COUNSEL 
This Suggestion of Bankruptcy is filed at the request of counsel for Appellant Jeffrey 
Baron’s Chapter 7 Trustee in his involuntary case.  On August 20, 2013, I called attorney 
Katheryn Reid to confirm this filing.  Counsel to Appellee, Peter Vogel, Receiver was also 
contacted by the Chapter 7 Trustee attorneys, and no objection has been expressed to 
the undersigned.   
 
By:  /s/ Mpatanishi Tayari Garrett 
            Mpatanishi Tayari Garrett 
 
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CERTIFICATE OF SERVICE 
I hereby certify that a true and correct copy of the foregoing and all attachments have 
been served on Appellees and all other parties who have entered their appearance 
electronically in this case, this August 21, 2013. 
 
By:  /s/ Mpatanishi Tayari Garrett 
            Mpatanishi Tayari Garrett 
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