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Gary N. Schepps
Texas State Bar No. 00791608
5400 LBJ Freeway, Suite 1200
Dallas, Texas 75240
(214) 210-5940 - Telephone
(214) 347-4031 - Facsimile
Email: legal@schepps.net
Counsel for Appellant
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 8006 of the Bankruptcy Rules and
files this, Appellant’s Statement of Issues on Appeal and identifies the following issues for
Appeal:
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.
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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.
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.
Appellant, in accordance with Rule 8006 of the Bankruptcy Rules also files this
Appellant’s Designation of Items for Record on Appeal and designates the following items for
the Record on Appeal:
Item No 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 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
5400 LBJ Freeway, Suite 1200
Dallas, Texas 75240
(214) 210-5940 - Telephone
(214) 347-4031 - Facsimile
Email: legal@schepps.net
Counsel for Appellant
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Certificate of Service
On this date I electronically served the foregoing document using the electronic case filing system of the Bankruptcy
Court, and served every party receiving service through the official PACER system.
/s/ Gary N. Schepps
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