Baron’s Objection to Trustee’s M for Order Approving Settlement with River Cruise

 
OBJECTION TO TRUSTEE’S MOTION FOR ORDER APPROVING COMPROMISE AND 
SETTLEMENT WITH RIVER CRUISE INVESTMENTS, LTD., PURSUANT TO RULE 9019, FEDERAL 
RULES OF BANKRUPTCY PROCEDURE –
 PAGE 1 
Gerrit M. Pronske 
State Bar No. 16351640 
Vickie L. Driver 
Texas Bar No. 24026886 
Christina W. Stephenson 
State Bar No. 24049535 
PRONSKE & PATEL, P.C. 
2200 Ross Avenue, Suite 5350 
Dallas, Texas 75201 
(214) 658-6500 – Telephone 
(214) 658-6509 – Telecopier 
Email: gpronske@pronskepatel.com 
Email: vdriver@pronskepatel.com 
Email: cstephenson@pronskepatel.com 
 
COUNSEL FOR JEFFREY BARON  
 
 
IN THE UNITED STATES BANKRUPTCY COURT 
FOR THE NORTHERN DISTRICT OF TEXAS 
DALLAS DIVISION 
 
In re:    §   
   §  
ONDOVA LIMITED COMPANY,  § CASE NO. 09-34784-SGJ-11 
   §  
    Debtor.           §   Chapter 11 
 
OBJECTION TO TRUSTEE’S MOTION FOR ORDER APPROVING COMPROMISE 
AND SETTLEMENT WITH RIVER CRUISE INVESTMENTS, LTD., PURSUANT TO 
RULE 9019, FEDERAL RULES OF BANKRUPTCY PROCEDURE  
 
TO THE HONORABLE STACEY G. C. JERNIGAN, 
UNITED STATES BANKRUPTCY JUDGE: 
 
Jeffrey  Baron (“Baron”), a creditor in this case, hereby files this his Objection to Trustee’s 
Motion for Order Approving Compromise and Settlement with River Cruise Investments, Ltd., 
Pursuant to Rule 9019, Federal Rules of Bankruptcy Procedure filed on February 9, 2010 by 
Daniel J. Sherman (the “Trustee”) and in support thereof, respectfully represents as follows: 
I. FACTUAL BACKGROUND 
1.  On July 27, 2009 (the “Petition Date”), the Debtor filed for bankruptcy protection 
under chapter 11 of title 11 of the Bankruptcy Code.   
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OBJECTION TO TRUSTEE’S MOTION FOR ORDER APPROVING COMPROMISE AND 
SETTLEMENT WITH RIVER CRUISE INVESTMENTS, LTD., PURSUANT TO RULE 9019, FEDERAL 
RULES OF BANKRUPTCY PROCEDURE –
 PAGE 2 
2.  On September 17, 2009, the Court entered an order approving the appointment of 
a chapter 11 trustee (Docket No. 98). 
3.  On February 9, 2010, the Trustee filed his Motion for Order Approving 
Compromise and Settlement with River Cruise Investments, Ltd., Pursuant to Rule 9019, Federal 
Rules of Bankruptcy Procedure (the “Motion”) (Docket No. 259).   
II.    OBJECTION 
4.  The Motion seeks approval of a settlement under which River Cruise Investments, 
Ltd. (“River Cruise”) will pay a total of $350,000.00 to the Debtor, minus a deduction for the 
Beckham Group’s Compensation fee.  Such payment is essentially a reimbursement for excess 
funds paid to River Cruise in connection with the Loan Agreement.
1
  However, as shown by the 
Acknowledgement and Release, attached hereto as Exhibit “A,” such funds were actually paid 
by Baron, a Guarantor under the Loan Agreement.  Thus, the $350,000.00 referenced in the 
Motion are funds which rightfully should be returned to Baron, and not paid to the Debtor.   As 
the Motion seeks authority to enter in to a settlement which pays such funds to the Debtor, and 
not to Baron, Baron hereby objects to the Motion.   
5.  Baron reserves his right to file a brief in support of this Objection.   
WHEREFORE PREMISES CONSIDERED, Baron respectfully requests this Court deny 
the Motion and grant Baron such other and further relief whether in law or equity, to which 
Baron is entitled. 
  
                                                
 
1
 Terms not defined herein shall have the meanings ascribed to them in the Motion.  
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OBJECTION TO TRUSTEE’S MOTION FOR ORDER APPROVING COMPROMISE AND 
SETTLEMENT WITH RIVER CRUISE INVESTMENTS, LTD., PURSUANT TO RULE 9019, FEDERAL 
RULES OF BANKRUPTCY PROCEDURE –
 PAGE 3 
Dated: March 3, 2010       Respectfully submitted  
            
      By:  /s/ Gerrit M. Pronske____ 
Gerrit M. Pronske 
Texas Bar No. 16351640 
Vickie L. Driver 
Texas Bar No. 24026886 
Christina W. Stephenson 
Texas Bar No. 24049535 
PRONSKE & PATEL, P.C. 
2200 Ross Avenue, Suite 5350 
Dallas, Texas 75201 
Telephone: 214.658.6500 
Facsimile: 214.658.6509 
Email: gpronske@pronskepatel.com 
Email: vdriver@pronskepatel.com 
Email: cstephenson@pronskepatel.com 
 
COUNSEL FOR JEFFREY BARON 
 
 
 
 
CERTIFICATE OF SERVICE 
 
  I, the undersigned, hereby certify that on March 3, 2010 I caused to be served the 
foregoing pleading upon all parties registered to receive electronic notice via the Court’s 
electronic transmission facilities. 
 
       
       /s/ _Gerrit M. Pronske______
 
       Gerrit M. Pronske 
 
          
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 Exhibit A    Page 1 of 1