Motion to Withdraw as Baron Attorney by Cochell

Motion to Withdraw as Counsel and 
 for Continuance  Page 1 
 
Stephen R. Cochell 
The Cochell Law Firm, P.C. 
Texas Bar No. 24044255 
7026 Old Katy Rd., Ste 259 
Houston, Texas 77096 
(713) 980-8796 (phone) 
(713) 980-1179 (facsimile) 
srcochell@cochellfirm.com 
ATTORNEY 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 
§   Chapter 11 
Debtor.           § 
 
 
MOTION TO WITHDRAW AS COUNSEL AND  
FOR CONTINUANCE OF HEARINGS ON FEES 
  Stephen  R.  Cochell,  hereby  moves  to  withdraw  as  counsel  for  Jeffrey  Baron  and  for 
continuance of hearings on fees, and in support, states: 
1.  On November 24, 2010 the Chapter 11 trustee proceeded in a secret, ex 
parte hearing to  obtain an  ex parte order that seized all of Mr. Baron's 
assets  including  future  income  and  wages,  for  the  express  purpose  of 
preventing Mr. Baron from being able to  hire paid  counsel to represent 
him in these, and all other court proceedings. 
2.  The  Fifth  Circuit  has  heard  argument  on  the  matter  and  is  preparing  a 
ruling as to the propriety, legality and constitutionality of the seizure order 
secured by the chapter 11 trustee.   
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 for Continuance  Page 2 
 
3.  The Fifth Circuit has advised this Honorable Court and the District Court 
that no significant distribution of any receivership asset should be made 
prior to the ruling of the Fifth Circuit and that no sale of any assets subject 
to the receivership shall be made prior to the decision of the Fifth Circuit 
as to the appeals (and mandamus) now pending before it. 
4.  So  long  as  Mr.  Baron  is  prohibited  from  earning  income  and  hiring 
counsel of his choice to represent him, he is wholly dependent upon the 
rulings of the District Court as to the extent of his representation before 
this Court.   
5.  The undersigned  sought,  and  was  granted,  an appointment  to represent 
Mr.  Baron  for  a  very limited  purpose--  "TO  OPPOSE  CREATION  OF 
[THE] LIQUIDATING TRUST".  [Dist. Dkts. 1056 ¶ 2, 1066 ¶ 1]. 
6.  The  undersigned  later  sought,  but  was  not  granted,  an  appointment  to 
represent Mr. Baron for the purpose of objecting to fee applications made 
by the chapter 11 trustee and his receiver. [Dist. Dkt. 1087]. 
7.  On September 28, 2012, counsel entered an appearance for Mr. Baron in 
this proceeding for the limited purpose of representing Mr. Baron on the 
Chapter 11 Liquidating Trust Plan.  An Expedited Discovery Scheduling 
Order  was  entered  by  the  Court.    [Dkt.  858].  That  discovery  has  been 
complete. 
8.  Counsel filed objections to the Chapter 11 Plan and filed several motions 
seeking  continuance  and  discovery  based  on  failure  to  produce  court-
ordered  documents,  investigated  issues  relating  to  the  Receiver’s 
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Motion to Withdraw as Counsel and 
 for Continuance  Page 3 
 
exclusion of bidders to the auction, and filed Objections to the Bankruptcy 
Court’s Order Confirming Chapter 11 Plan.  All of Mr. Baron’s motions 
have been denied and the plan has been approved by this Court. Counsel 
completed  his  limited  representation  in  this  Court  pursuant  to  his 
appointment. 
GOOD CAUSE EXISTS FOR WITHDRAWAL AS COUNSEL 
9.  It is clear that where, as here, counsel was appointed for a specific purpose 
and that purpose has been accomplished, withdrawal should be allowed.  
Counsel  was  not  appointed  to  represent  Mr.  Baron  on  fee  issues,  and 
would  have  submitted  a  dramatically  different  budget  and  request  for 
retainer if advised that he could not enter an appearance in the bankruptcy 
court.    [Dist.  Dkt.  1087].    Unlike  the  large  law  firms  representing  the 
Receiver  and  the  Trustee,  counsel  is  a  solo  practitioner  who  cannot 
advance attorney’s fees and expert fees in this case.  
10. Without  prior  funding  and  authority,  Counsel  cannot  hire  the  necessary 
co-counsel  and  experts  required  to  represent  Mr.  Baron  with  respect  to 
opposing prospective fee applications that have no bearing on approval of 
the liquidating trust, which has, at this point already been approved by this 
Court. 
11. Counsel for Baron requests the Court grant a continuance for Mr. Baron to 
seek  appointment  of  counsel  by  the  District  Court  to  represent  him  on 
matters  concerning  approval  of  the  attorney’s  fees.    Because  the  Fifth 
Circuit has stayed this Court’s sale of the assets of the Receivership as a 
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Motion to Withdraw as Counsel and 
 for Continuance  Page 4 
 
basis for resolving this bankruptcy, these  proceedings are subject to the 
ruling of the Fifth Circuit as to the receivership obtained by the Chapter 11 
trustee.  
12. Further,  a  ruling  by  the  Fifth  Circuit  that  the  Chapter  11’s  obtaining 
seizure  of  Mr.  Baron’s  assets  in  order  to  prevent  him  from  hiring  legal 
counsel was unlawful, unconstitutional, or otherwise improper under the 
law  will  have  a  substantial  impact  on  this  Court’s  consideration  of  the 
Trustee’s fee requests, especially with respect to massive efforts to impose 
the  receivership  and  defend  the  receivership  on  appeal.        Clearly,  this 
Court would not reward the Trustee’s counsel for a massive fee generation 
exercise in an effort to impose an unconstitutional, unlawful, or otherwise 
improper seizure of assets in order to prevent a litigant from freely hiring 
legal  counsel  to  oppose  the  trustee’s  fee  applications.      Accordingly, 
hearing on further matters in this case, specifically including further fee 
applications, should be held until after the Fifth Circuit enters its ruling on 
the pending appeals.      
CONCLUSION 
WHEREFORE,  Stephen  R.  Cochell  moves  to  withdraw  as  counsel  for  Jeffrey  Baron.  
Mr. Baron requests that Mr. Baron be allowed a continuance to allow Judge Furgeson to appoint 
counsel to represent Mr. Baron with respect to opposing the attorney’s fee applications. 
 
             
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Motion to Withdraw as Counsel and 
 for Continuance  Page 5 
 
Very respectfully, 
  /s/ Stephen R. Cochell 
Stephen R. Cochell 
The Cochell Law Firm, P.C. 
Texas Bar No. 24044255 
7026 Old Katy Rd., Ste 259 
Houston, Texas 77096 
(713)980-8796 (phone) 
(713)980-1179 (facsimile) 
srcochell@cochellfirm.com 
 
CERTIFICATE OF SERVICE 
 
  This is to certify that, on December 11, 2012, a copy of this Motion was served on all 
counsel through the Court’s ECF system.   
              
/s/ Stephen R. Cochell 
Stephen R. Cochell 
 
CERTIFICATE OF CONFERENCE 
  This is  to  certify that, on December 10,  2012,  counsel conferred  with counsel for  the 
Trustee  by  email  regarding  his  questions  about  the  motion,  but  did  not  receive  a  response. 
Counsel  called  Mr.  Hunt  and  left  a  message  with  him  and  with  his  secretary indicating  that 
counsel would file the motion if he did not receive a response.  Counsel further conferred with 
Lisa Lambert, Assistant United States Trustee, who requested counsel defer filing the motion to 
allow her the opportunity to confer with counsel for the Trustee and Receiver.  On December 11, 
2012, at about 5:00 p.m., counsel conferred with the Trustee, the Receiver and Ms. Lambert in an 
attempt  to  obtain  a  voluntary  continuance  of  the  matter  pending  this  Court’s  review  of  the 
withdrawal issue, but the Trustee opposed continuance of the fee motion. 
/s/ Stephen R. Cochell 
Stephen R. Cochell 
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Motion to Withdraw as Counsel and 
 for Continuance  Page 6 
 
 
CERTIFICATE OF COMPLIANCE 
  This is to certify that counsel  has  complied  with  the  Court’s  directive  that  motions  be 
supported by evidence.  Based on the order, counsel does not believe that an affidavit of Mr. 
Baron is required, as the issues set out above are legal in nature,