![](data:image/png;base64,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)
-7-
court and three times in the bankruptcy court.
5
The bulk of so-called ‘unpaid’ lawyer claims, are from firms such as
Carrington Coleman that worked for Ondova and filed claims in the Ondova
Bankruptcy. Baron provided for the payment of those lawyer’s fees, in full,
through the Ondova Estate as part of the Global Settlement Agreement.
6
Sherman
obligated himself to immediately provide for the payment of the lawyer claims. R.
2258-2259. Baron paid and Sherman physically had possession of the funds–
$2,095,589.36 in cash. SR.v10 p4229, SR.v18 p181. But instead of paying the
claimants as agreed in the Global Settlement, Sherman started to put the money into
his own pocket. SR. v18 p235. On November 19, 2010, Baron objected. Id.
5
The district court lawsuit was answered by the Bell Team. Then, four days after being assigned
to the case, Hon. Judge Furgeson threatened death as a sanction for contempt, R. 218, and
warned “I have the marshals behind me. I can come to your house, pick you up, put you in jail. I
can seize your property, do anything … I’m telling you don’t screw with me”, R. 223. Perhaps
the Court meant it all in jest, but the next business day, the Bell Team filed for immediate,
emergency withdrawal. R. 138. The local rules of the Northern District of Texas require a
client’s signature to grant withdrawal without hearing. The Bell Team did not have such a
signature since Mr. Baron did not agree for their emergency withdrawal. Id. There was no
allegation of unpaid fees. Still, the next day, the Court granted the withdrawal without hearing.
R. 146. Although he was left without counsel, no delay was granted to Baron. Id. Baron
retained the (1) Friedman-Hall team and eventually hired (2) Gary G. Lyon as a lower cost
replacement counsel. R. 1535.
In the bankruptcy court, Keiffer was Ondova’s bankruptcy counsel. Baron was threatened with
jail if he did not fire Keiffer, SR. v18 p185, and he was replaced by (1) Pronske. R. 1157. In
September 2010 Baron hired (2) Ferguson, a new lawyer he hoped could facilitate the immediate
closing of the bankruptcy. Ferguson was unable to help and (3) Thomas was hired. Doc 1126-1
at 17-18, Two other lawyers appeared briefly for Baron on specific issues, Jones and Broome,
neither was hired as bankruptcy counsel.
6
Baron funded $1.8 in cash into the Ondova estate, sufficient to pay all the claimant attorneys
and other creditors in full, and still leave a million dollar cash surplus, and the other assets of
Ondova intact. Doc. 1126-1 at 17; Bkr. Doc 535 at 66. Although not technically Ondova
claimants, Aldous and Rasansky by mutual agreement, were also to be paid by Sherman through
the Ondova Estate. R. 2239.
Case: 11-10290 Document: 00512099181 Page: 16 Date Filed: 01/02/2013