Suggestion of Bankruptcy and Notice of Stay Page 1 of 4
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
NETSPHERE, INC. §
MANILA INDUSTRIES, INC.; and §
MUNISH KRISHAN, §
Plaintiffs, §
vs. §
§
JEFFREY BARON and §
ONDOVA LIMITED COMPANY, §§
Defendants, § CIVIL ACTION NO. 3-09-CV-0988-F
vs. §
§
CHARLA G. ALDOUS, ALDOUS §
LAW FIRM, JEFFREY RASANSKY, §
and RASANSKY LAW FIRM, §
Intervenors (proposed). §
§
QUANTEC, LLC, §
IGUANA CONSULTING, LLC, §
and NOVO POINT, LLC, §
Derivative Plaintiffs/Intervenors §
(proposed), §
vs. §
§
JEFF BARON, Individually, and as §
Director of ONDOVA LIMITED §
COMPANY, MUNISH KRISHAN, §
Individually, and as Director §
of MANILA INDUSTRIES, INC., §
ONDOVA LIMITED COMPANY, §
MANILA INDUSTRIES, INC., et al., §
Defendants in Intervention, §
§
QUANTEC, INC., IGUANA §
CONSULTING, INC., and §
NOVO POINT, INC., §
Derivative Corporations in §
Intervention (proposed). §
USCA5 889
Suggestion of Bankruptcy and Notice of Stay Page 2 of 4
SUGGESTION OF BANKRUPTCY AND NOTICE OF STAY
TO: THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, Ondova Limited Company (hereinafter referred to as “Debtor”) and
files this Suggestion of Bankruptcy and Notice of Stay and would respectfully show the Court
the following:
1. On July 27, 2009, Debtor filed its Voluntary Petition under Chapter 11 of the
United States Bankruptcy Code in the United States Bankruptcy Court for the Northern District
of Texas, Dallas Division, Case No. 09-34784-sgj-11 (the “Voluntary Petition”).
2. Pursuant to Section 362 of the Bankruptcy Code, the filing of the Petition
operates as a stay of:
a. The commencement or continuation, including the issuance or
employment of process, of a judicial, administrative, or other 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;
b. The enforcement, against the Debtor or against property of the estate, of a
judgment obtained before the commencement of the case under this Title;
c. Any act to obtain possession of property of the estate or property from the
estate;
d. Any act to create, perfect, or enforce any lien against property of the
estate;
USCA5 890
Suggestion of Bankruptcy and Notice of Stay Page 3 of 4
e. Any act to create, perfect, or enforce against property of the Debtor any
lien to the extent that such lien secures a claim that arose before the
commencement of the case under this Title, except to the extent provided
in Section 362(b);
f. Any act to collect assets, or recover a claim against the Debtor that arose
before the commencement of the case under this title;
g. The set off of any debt owing to the Debtor that arose before the
commencement of the case under this Title against any claim against the
Debtor; and
h. The commencement or continuation of a proceeding before the United
States Tax Court concerning the Debtor.
3. As a result of the operation of the automatic stay, all parties are stayed from any
further continuation of these proceedings until such time as the Bankruptcy Court may order
otherwise.
4. Attached hereto and incorporated herein for all purposes as Exhibit “A” is a copy
of the Voluntary Petition dated July 27, 2009, which further confirms the above stated facts.
WHEREFORE, PREMISES CONSIDERED, Debtor prays that this Court take notice
of the Bankruptcy Stay and that further action be stayed and for such other and further relief as
to which it may be justly entitled.
Dated this 27th day of July, 2009
USCA5 891
Suggestion of Bankruptcy and Notice of Stay Page 4 of 4
Respectfully submitted,
WRIGHT GINSBERG BRUSILOW P.C.
By: /s/ E.P. Keiffer
E. P. Keiffer (SBN 11181700)
The Elm Place Building
1401 Elm Street, Suite 4750
Dallas, Texas 75202
(214) 651-6500 - telephone
(214) 744-2615 - facsimile
PROPOSED ATTORNEY FOR ONDOVA
LIMITED COMPANY, DEBTOR
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Suggestion of Bankruptcy and Notice of Stay was
served via the U.S. District Court’s electronic noticing system on July 27, 2009, and via first
class U.S. Mail, postage pre-paid, on July 28, 2009, on the parties listed below:
Peter S. Vogel, Esq.
Gardere Wynne Sewell
1601 Elm Street, Suite 3000
Dallas, TX 75201-4761
Special Master
Charla G. Aldous, Esq.
Aldous Law Firm
2305 Cedar Springs, Suite 200
Dallas, Texas 75201
Pro Se
John W. MacPete, Esq.
Locke, Lord, Bissell & Liddell, LLP
2200 Ross, Suite 2200
Dallas, Texas 75202
Attorneys for Manila Industries, Inc.,
Netsphere, Inc., and Munish Krishan
James Krause, Esq./Ryan K. Lurick, Esq.
Friedman & Feiger
5301 Spring Valley Road, Suite 200
Dallas, Texas 75254
Attorneys for Jeffrey Baron
and Ondova Limited Company
Craig A. Capua, Esq.
West & Associates LLP
320 S. RL Thornton Freeway, Suite 300
Dallas, Texas 75201
Attorney for Quantec, LLC, Iguana
Consulting, LLC, and Novo Point, LLC
Jeffrey H. Rasansky, Esq.
Robert Edward Wolf, Jr., Esq.
Rasansky Law Firm
2525 McKinnon, Suite 625
Dallas, Texas 75201
Pro Se
/s/ E.P. Keiffer
E.P. Keiffer
USCA5 892
Exhibit “A”
USCA5 893
B 1 (Official Form 1) (1/08)
United States Bankruptcy Court
Voluntary Petition
Name of Debtor (if individual, enter Last, First, Middle):
Name of Joint Debtor (Spouse) (Last, First, Middle):
All Other Names used by the Debtor in the last 8 years
(include married, maiden, and trade names):
All Other Names used by the Joint Debtor in the last 8 years
(include married, maiden, and trade names):
Last four digits of Soc. Sec. or Indvidual-Taxpayer I.D. (ITIN) No./Complete EIN
(if more than one, state all):
Last four digits of Soc. Sec. or Indvidual-Taxpayer I.D. (ITIN) No./Complete EIN
(if more than one, state all):
Street Address of Debtor (No. and Street, City, and State):
ZIP CODE
Street Address of Joint Debtor (No. and Street, City, and State):
ZIP CODE
County of Residence or of the Principal Place of Business:
County of Residence or of the Principal Place of Business:
Mailing Address of Debtor (if different from street address):
ZIP CODE
Mailing Address of Joint Debtor (if different from street address):
ZIP CODE
Location of Principal Assets of Business Debtor (if different from street address above):
ZIP CODE
Type of Debtor
(Form of Organization)
(Check one box.)
Individual (includes Joint Debtors)
See Exhibit D on page 2 of this form.
Corporation (includes LLC and LLP)
Partnership
Other (If debtor is not one of the above entities,
check this box and state type of entity below.)
__________________________________________
Nature of Business
(Check one box.)
Health Care Business
Single Asset Real Estate as defined in
11 U.S.C. § 101(51B)
Railroad
Stockbroker
Commodity Broker
Clearing Bank
Other
___________________________________
Tax-Exempt Entity
(Check box, if applicable.)
Debtor is a tax-exempt organization
under Title 26 of the United States
Code (the Internal Revenue Code).
Chapter of Bankruptcy Code Under Which
the Petition is Filed (Check one box.)
Chapter 7 Chapter 15 Petition for
Chapter 9 Recognition of a Foreign
Chapter 11 Main Proceeding
Chapter 12 Chapter 15 Petition for
Chapter 13 Recognition of a Foreign
Nonmain Proceeding
Nature of Debts
(Check one box.)
Debts are primarily consumer Debts are primarily
debts, defined in 11 U.S.C. business debts.
§ 101(8) as “incurred by an
individual primarily for a
personal, family, or house-
hold purpose.”
Filing Fee (Check one box.)
Full Filing Fee attached.
Filing Fee to be paid in installments (applicable to individuals only). Must attach
signed application for the court’s consideration certifying that the debtor is
unable to pay fee except in installments. Rule 1006(b). See Official Form 3A.
Filing Fee waiver requested (applicable to chapter 7 individuals only). Must
attach signed application for the court’s consideration. See Official Form 3B.
Chapter 11 Debtors
Check one box:
Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D).
Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D).
Check if:
Debtor’s aggregate noncontingent liquidated debts (excluding debts owed to
insiders or affiliates) are less than $2,190,000.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Check all applicable boxes:
A plan is being filed with this petition.
Acceptances of the plan were solicited prepetition from one or more classes
of creditors, in accordance with 11 U.S.C. § 1126(b).
Statistical/Administrative Information
Debtor estimates that funds will be available for distribution to unsecured creditors.
Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for
distribution to unsecured creditors.
THIS SPACE IS FOR
COURT USE ONLY
Estimated Number of Creditors
1-49
50-99
100-199
200-999
1,000-
5,000
5,001-
10,000
10,001-
25,000
25,001-
50,000
50,001-
100,000
Over
100,000
Estimated Assets
$0 to
$50,000
$50,001 to
$100,000
$100,001 to
$500,000
$500,001
to $1
million
$1,000,001
to $10
million
$10,000,001
to $50
million
$50,000,001
to $100
million
$100,000,001
to $500
million
$500,000,001
to $1 billion
More than
$1 billion
Estimated Liabilities
$0 to
$50,000
$50,001 to
$100,000
$100,001 to
$500,000
$500,001
to $1
million
$1,000,001
to $10
million
$10,000,001
to $50
million
$50,000,001
to $100
million
$100,000,001
to $500
million
$500,000,001
to $1 billion
More than
$1 billion
Case 09-34784-sgj11 Doc 1 Filed 07/27/09 Entered 07/27/09 18:38:02 Desc Main
Document Page 1 of 3
USCA5 894
B 1 (Official Form 1) (1/08) Page 2
Voluntary Petition
(This page must be completed and filed in every case.)
Name of Debtor(s):
All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet.)
Location
Where Filed:
Case Number:
Date Filed:
Location
Where Filed:
Case Number:
Date Filed:
Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet.)
Name of Debtor:
Case Number:
Date Filed:
District:
Relationship:
Judge:
Exhibit A
(To be completed if debtor is required to file periodic reports (e.g., forms 10K and
10Q) with the Securities and Exchange Commission pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934 and is requesting relief under chapter 11.)
Exhibit A is attached and made a part of this petition.
Exhibit B
(To be completed if debtor is an individual
whose debts are primarily consumer debts.)
I, the attorney for the petitioner named in the foregoing petition, declare that I
have informed the petitioner that [he or she] may proceed under chapter 7, 11,
12, or 13 of title 11, United States Code, and have explained the relief
available under each such chapter. I further certify that I have delivered to the
debtor the notice required by 11 U.S.C. § 342(b).
X
Signature of Attorney for Debtor(s) (Date)
Exhibit C
Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety?
Yes, and Exhibit C is attached and made a part of this petition.
No.
Exhibit D
(To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.)
Exhibit D completed and signed by the debtor is attached and made a part of this petition.
If this is a joint petition:
Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition.
Information Regarding the Debtor - Venue
(Check any applicable box.)
Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately
preceding the date of this petition or for a longer part of such 180 days than in any other District.
There is a bankruptcy case concerning debtor’s affiliate, general partner, or partnership pending in this District.
Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or
has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in
this District, or the interests of the parties will be served in regard to the relief sought in this District.
Certification by a Debtor Who Resides as a Tenant of Residential Property
(Check all applicable boxes.)
Landlord has a judgment against the debtor for possession of debtor’s residence. (If box checked, complete the following.)
(Name of landlord that obtained judgment)
(Address of landlord)
Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the
entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and
Debtor has included with this petition the deposit with the court of any rent that would become due during the 30-day period after the
filing of the petition.
Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(l)).
Case 09-34784-sgj11 Doc 1 Filed 07/27/09 Entered 07/27/09 18:38:02 Desc Main
Document Page 2 of 3
USCA5 895
B 1 (Official Form) 1 (
1/08) Page 3
Voluntary Petition
(This page must be completed and filed in every case.)
Name of Debtor(s):
Signatures
Signature(s) of Debtor(s) (Individual/Joint)
I declare under penalty of perjury that the information provided in this petition is true
and correct.
[If petitioner is an individual whose debts are primarily consumer debts and has
chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12
or 13 of title 11, United States Code, understand the relief available under each such
chapter, and choose to proceed under chapter 7.
[If no attorney represents me and no bankruptcy petition preparer signs the petition] I
have obtained and read the notice required by 11 U.S.C. § 342(b).
I request relief in accordance with the chapter of title 11, United States Code,
specified in this petition.
X
Signature of Debtor
X
Signature of Joint Debtor
Telephone Number (if not represented by attorney)
Date
Signature of a Foreign Representative
I declare under penalty of perjury that the information provided in this petition is true
and correct, that I am the foreign representative of a debtor in a foreign proceeding,
and that I am authorized to file this petition.
(Check only one box.)
I request relief in accordance with chapter 15 of title 11, United States Code.
Certified copies of the documents required by 11 U.S.C. § 1515 are attached.
Pursuant to 11 U.S.C. § 1511, I request relief in accordance with the
chapter of title 11 specified in this petition. A certified copy of the
order granting recognition of the foreign main proceeding is attached.
X
(Signature of Foreign Representative)
(Printed Name of Foreign Representative)
Date
Signature of Attorney*
X
Signature of Attorney for Debtor(s)
Printed Name of Attorney for Debtor(s)
Firm Name
Address
Telephone Number
Date
*In a case in which § 707(b)(4)(D) applies, this signature also constitutes a
certification that the attorney has no knowledge after an inquiry that the information
in the schedules is incorrect.
Signature of Debtor (Corporation/Partnership)
I declare under penalty of perjury that the information provided in this petition is true
and correct, and that I have been authorized to file this petition on behalf of the
debtor.
The debtor requests the relief in accordance with the chapter of title 11, United States
Code, specified in this petition.
X
Signature of Authorized Individual
Printed Name of Authorized Individual
Title of Authorized Individual
Date
Signature of Non-Attorney Bankruptcy Petition Preparer
I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as
defined in 11 U.S.C. § 110; (2) I prepared this document for compensation and have
provided the debtor with a copy of this document and the notices and information
required under 11 U.S.C. §§ 110(b), 110(h), and 342(b); and, (3) if rules or
guidelines have been promulgated pursuant to 11 U.S.C. § 110(h) setting a maximum
fee for services chargeable by bankruptcy petition preparers, I have given the debtor
notice of the maximum amount before preparing any document for filing for a debtor
or accepting any fee from the debtor, as required in that section. Official Form 19 is
attached.
Printed Name and title, if any, of Bankruptcy Petition Preparer
Social-Security number (If the bankruptcy petition preparer is not an individual,
state the Social-Security number of the officer, principal, responsible person or
partner of the bankruptcy petition preparer.) (Required by 11 U.S.C. § 110.)
Address
X
Date
Signature of bankruptcy petition preparer or officer, principal, responsible person, or
partner whose Social-Security number is provided above.
Names and Social-Security numbers of all other individuals who prepared or assisted
in preparing this document unless the bankruptcy petition preparer is not an
individual.
If more than one person prepared this document, attach additional sheets conforming
to the appropriate official form for each person.
A bankruptcy petition preparer’s failure to comply with the provisions of title 11 and
the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or
both. 11 U.S.C. § 110; 18 U.S.C. § 156.
Case 09-34784-sgj11 Doc 1 Filed 07/27/09 Entered 07/27/09 18:38:02 Desc Main
Document Page 3 of 3
USCA5 896
