MOTION FOR EXPEDITED HEARING ON EMERGENCY MOTION TO WITHDRAW AS ATTORNEY
OF RECORD FOR JEFFREY BARON – Page 1
Gerrit M. Pronske
State Bar No. 16351640
Rakhee V. Patel
Texas Bar No. 00797213
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: rpatel@pronskepatel.com
Email: cstephenson@pronskepatel.com
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
MOTION FOR EXPEDITED HEARING ON EMERGENCY MOTION
TO WITHDRAW AS ATTORNEY OF RECORD FOR JEFFREY BARON
TO THE HONORABLE STACEY G. C. JERNIGAN,
UNITED STATES BANKRUPTCY JUDGE:
Pronske & Patel, P.C. (“PronskePatel”), pursuant to Section 105 of the United States
Bankruptcy Code, 11 U.S.C. §§ 101 et. seq. (the “Bankruptcy Code”), seeks an order from the
Court setting an expedited hearing on Emergency Motion to Withdraw as Attorney of Record for
Jeffrey Baron [Docket No. 419] (the “Motion to Withdraw”). In support of this Motion,
PronskePatel respectfully represents as follows:
I. JURISDICTION AND VENUE
1. The Court has jurisdiction over the Motion pursuant to 28 U.S.C. §§ 157 and
1334(b). This matter is a core proceeding and this Motion is proper in this district pursuant to 28
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EXHIBIT D 4
MOTION FOR EXPEDITED HEARING ON EMERGENCY MOTION TO WITHDRAW AS ATTORNEY
OF RECORD FOR JEFFREY BARON – Page 2
U.S.C. §§ 1408 and 1409.
2. The statutory basis for relief requested herein is Section 105 of the Bankruptcy Code.
II. BACKGROUND
3. On July 27, 2009 (the “Petition Date”), the Debtor filed for bankruptcy protection
under chapter 11 of title 11 of the Bankruptcy Code.
4. On September 17, 2009, the Court entered an order approving the appointment of a
chapter 11 trustee (Docket No. 98).
III. RELIEF REQUESTED
5. As more fully set forth in the Motion to Withdraw, PronskePatel hereby seeks
formal withdrawal as attorneys of record for Jeffrey Baron in the above-referenced bankruptcy
action.
6. Expedited consideration of the Motion to Withdraw is warranted by the
impending time-sensitive issues in this case. Upon information and belief, PronskePatel has
recently learned that Mr. Baron intends to transfer assets to an offshore entity over which U.S.
Courts will not have jurisdiction, in order to hide those assets from legitimate creditors. Upon
information and belief, Mr. Baron will be transferring such assets around September 15, 2010.
In order to pursue state court remedies against such assets and to comply with all ethical
obligations, PronskePatel must withdraw as counsel of record for Mr. Baron by September 15,
2010. Thus, PronskePatel must respectfully request that the Court grant relief on an expedited
basis, so that PronskePatel may withdraw prior to the transfer of assets by Mr. Baron.
Accordingly, PronskePatel respectfully requests a hearing on the Motion to Withdraw on an
expedited basis, on or before September 15, 2010. Specifically, PronskePatel requests that this
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MOTION FOR EXPEDITED HEARING ON EMERGENCY MOTION TO WITHDRAW AS ATTORNEY
OF RECORD FOR JEFFREY BARON – Page 3
matter be set before or at the same time as the expedited status conference currently set in this
case on September 15, 2010 at 1:30 p.m. [Docket No. 22].
7. PronskePatel has recently learned that Baron intends to hide his assets offshore as
early as September 15, 2010. Thus, the hearing will need to move forward expeditiously to
prevent Mr. Baron’s unlawful activities.
8. Notice of the proposed emergency hearing will be provided to the Trustee, Mr.
Baron, counsel for Mr. Baron, and all parties requesting notice.
WHEREFORE, PREMISES CONSIDERED, PronskePatel respectfully requests the
Court enter an order expediting the hearing on the Motion to Withdraw and granting such other
and further relief, whether in law or in equity, as the Court may deem proper.
Dated: September 9, 2010 Respectfully submitted
By: /s/ Gerrit M. Pronske____
Gerrit M. Pronske
Texas Bar No. 16351640
Rakhee V. Patel
Texas Bar No. 00797213
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: rpatel@pronskepatel.com
Email: cstephenson@pronskepatel.com
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MOTION FOR EXPEDITED HEARING ON EMERGENCY MOTION TO WITHDRAW AS ATTORNEY
OF RECORD FOR JEFFREY BARON – Page 4
CERTIFICATE OF CONFERENCE
I, the undersigned, hereby certify that on September 8, 2010 I conferred with Gary Lyon,
counsel for Mr. Baron, regarding the relief requested in the Motion. Mr. Lyon indicated that Mr.
Baron is unopposed to the expedited setting. I further certify that on September 9, 2010, I
conferred with Raymond Urbanik, counsel for the Trustee, regarding the relief requested, and
Mr. Urbanik indicated that he is unopposed to the expedited setting.
/s/ _Gerrit M. Pronske______
Gerrit M. Pronske
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on September 9, 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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