Case No. 13-10119
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
NETSPHERE, INCORPORATED, ET AL.
Plaintiffs,
v.
JEFFREY BARON,
Defendant - Appellant
QUANTEC L.L.C.; NOVO POINT, L.L.C.,
Movants – Appellants
v.
PETER S. VOGEL
Appellee
NOTICE OF
SUGGESTION OF BANKRUPTCY
TO THE HONORABLE JUDGES OF SAID COURT:
PLEASE TAKE NOTICE that on June 26, 2013, the United States District Court,
Northern District of Texas, Dallas Division (the “Bankruptcy Court”) entered an Order for Relief
on Petition for Involuntary Bankruptcy placing Jeffrey into involuntary bankruptcy pursuant to
Chapter 7 of Title 11 of the United States Code (the “Bankruptcy Code”).
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Mr. Baron filed a Motion for Stay of the Order for Relief, which was denied by the Bankruptcy
Court. Attorneys for Baron’s Chapter 7 Trustee, specifically Kathryn Reid, requested Baron
suspend his pursuit of certain appeals. A copy of the letter from Ms. Reid is attached hereto. The
instant Suggestion of Bankruptcy is filed in an effort to minimize costs and to promote judicial
economy. Baron, however, reserves all rights with respect to this appeal and maintains the
Case: 13-10119 Document: 00512369475 Page: 1 Date Filed: 09/11/2013 Case: 13-10119 Document: 00512371969 Page: 1 Date Filed: 09/12/2013
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PLEASE TAKE FURTHER NOTICE that pursuant to section 362(a) of the Bankruptcy
Code, the filing of the bankruptcy petition operates as an automatic stay of “the commencement
or continuation, including issuance or employment of process, of a judicial, administrative, or
other action or proceeding against the debtor that was or could have been commenced before the
commencement of the case under this title, or to recover a claim against the debtor that arose
before the commencement of the case under this title, or to recover a claim against the debtor
that arose before the commencement of the case under this title.”
PLEASE TAKE FURTHER NOTICE that the Debtor reserves its right to bring an
action in the Bankruptcy Court for any violation of the automatic stay under section 362(a) of the
Bankruptcy Code.
Respectfully submitted,
THE COCHELL LAW FIRM, P.C.
By: /s/ Stephen R. Cochell
Stephen R. Cochell
Texas Bar 24044255
THE COCHELL LAW FIRM
7026 OLD KATY RD., STE 359
HOUSTON TEXAS 77024
Telephone (713) 306-8434
Facsimile (713) (713) 219-9596
ATTORNEY FOR JEFFREY BARON
CERTIFICATE OF SERVICE
This is to certify that, on this 11
th
day of September, 2013, a copy of the above of the
Suggestion of Bankruptcy was filed on the Court’s electronic filing system and notice provided
to all parties and/or counsel of record.
/s/ Stephen R. Cochell___
Stephen R. Cochell
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Bankruptcy Court does not have jurisdiction to pursue the underlying involuntary bankruptcy
process.
Case: 13-10119 Document: 00512369475 Page: 2 Date Filed: 09/11/2013 Case: 13-10119 Document: 00512371969 Page: 2 Date Filed: 09/12/2013
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United States Court of Appeals
FIFTH CIRCUIT
OFFICE OF THE CLERK
LYLE W. CAYCE
CLERK
TEL. 504-310-7700
600 S. MAESTRI PLACE
NEW ORLEANS, LA 70130
September 12, 2013
Mr. Stephen Rudolph Cochell
Cochell Law Firm, P.C.
7026 Old Katy Road
Suite 259
Houston, TX 77096-0000
No. 13-10119, Netsphere, Inc., et al v. Jeffrey Baron
USDC No. 3:09-CV-988
Dear Mr. Cochell:
We received your Status Report that was electronically filed on
September 11, 2013.
This document is entitled as “Notice of Suggestion of
Bankruptcy.” We have taken no action on the Status Report as you
must electronically file this document correctly as a Suggestion
of Bankruptcy.
Sincerely,
LYLE W. CAYCE, Clerk
By:_________________________
Dawn M. Shulin, Deputy Clerk
504-310-7658
cc: Mr. Craig Alan Capua
Mr. Matthew Brian Probus
Mr. Richard M. Roberson
Mr. David John Schenck
Mr. Gary N. Schepps
Case: 13-10119 Document: 00512371991 Page: 1 Date Filed: 09/12/2013
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