STIPULATION REGARDING SCOPE OF HEARING ON PETITIONING CREDITORS’ MOTION FRO
SUMMARY JUDGMENT AND BRIEF IN SUPPORT – Page 1 of 3
Gerrit M. Pronske
State Bar No. 16351640
Melanie P. Goolsby
State Bar No. 24059841
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: mgoolsby@pronskepatel.com
COUNSEL FOR THE PETITIONING CREDITORS
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
In re:
JEFFREY BARON,
Debtor.
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CASE NO. 12-37921-7
INVOLUNTARY CHAPTER 7
PROCEEDING
STIPULATION REGARDING SCOPE OF HEARING ON PETITIONING
CREDITORS’ MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT
TO THE HONORABLE STACY G.C. JERNIGAN,
UNITED STATES BANKRUPTCY JUDGE:
Pronske & Patel, P.C., Shurig Jetel Beckett Tackett, Dean Ferguson, Gary G. Lyon,
Robert Garrey, Powers Taylor, LLP, Jeffrey Hall, and David Pacione (together, the “Petitioning
Creditors”) and Jeffrey Baron (the “Alleged Debtor”) respectfully submit this Stipulation
Regarding Scope of Hearing on Petitioning Creditors’ Motion for Summary Judgment and Brief
in Support (the “Summary Judgment Motion”) and would respectfully show the Court as
follows:
1. The Petitioning Creditors and the Alleged Debtor hereby stipulate and agree that
the sole summary judgment issue to be presented to the Court with respect to the bona fide
dispute issue shall be whether prior orders issued in the District Court and this Court in a related
bankruptcy matter legally foreclose any argument as to the existence of a bona fide dispute as to
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STIPULATION REGARDING SCOPE OF HEARING ON PETITIONING CREDITORS’ MOTION FRO
SUMMARY JUDGMENT AND BRIEF IN SUPPORT – Page 2 of 3
the Petitioning Creditors’ claims. The Petitioning Creditors and Alleged Debtor also stipulate
and agree that there will be no requests for continuance of the hearing on the February 13, 2013
Summary Judgment Motion as to this discreet legal issue.
2. The Petitioning Creditors and the Alleged Debtor further hereby stipulate and
agree that nothing herein shall prevent the Petitioning Creditors from reurging the evidence of
their underlying claims at a later hearing, including a hearing on a second motion for summary
judgment as to the Petitioning Creditors’ underlying claims against the Alleged Debtor, nor shall
it prohibit the Alleged Debtor from seeking judgment on his own motion as may be permitted by
the Court.
3. The Petitioning Creditors and Alleged Debtor further stipulate and agree that
nothing herein shall be construed as the Petitioning Creditors’ agreement not to raise any other
legal argument concerning the Alleged Debtor’s insolvency or other requirements under 11
U.S.C. § 303(b) & (h)(1) for entry of an order for relief against the Alleged Debtor, and nothing
herein shall be construed to be the Alleged Debtor’s waiver of any objection to the Petitioning
Creditors’ urging such arguments concerning the same.
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STIPULATION REGARDING SCOPE OF HEARING ON PETITIONING CREDITORS’ MOTION FRO
SUMMARY JUDGMENT AND BRIEF IN SUPPORT – Page 3 of 3
Dated: February 8, 2013.
Respectfully submitted and agreed,
/s/ Melanie P. Goolsby
Gerrit M. Pronske
State Bar No. 16351640
Melanie P. Goolsby
State Bar No. 24059841
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: mgoolsby@pronskepatel.com
COUNSEL FOR THE PETITIONING
CREDITORS
And
/s/ Mark Stromberg*
Mark Stromberg
State Bar No. 19408830
Stromberg Stock
Two Lincoln Centre
5420 LBJ Freeway, Suite 300
Dallas, Texas 75240
Email: mark@strombergstock.com
And
Alan L. Busch
Busch Ruotolo & Simpson, LLP
100 Crescent Court, Suite 250
Dallas, Texas 75201
Email: busch@buschllp.com
*with permission /s/ Melanie P. Goolsby
COUNSEL FOR JEFFREY BARON
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