Case 18-50214-rlj11 Doc 1117 Filed 03/19/19 Entered 03/19/19 14:43:47 Page 1 of 5 Marcus A. Helt (TX 24052187) C. Ashley Ellis (TX 00794824) FOLEY GARDERE FOLEY & LARDNER LLP 2021 McKinney Avenue, Suite 1600 Dallas, TX 75201 Telephone: 214.999.3000 Facsimile: 214.999.4667 COUNSEL TO DEBTORS REAGOR-DYKES MOTORS, LP et al. IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION IN RE: REAGOR-DYKES MOTORS, LP, et al. 1 Debtor. Case No. 18-50214-rlj-11 Jointly Administered NOTICE OF AGENDA FOR HEARING SCHEDULED FOR MARCH 20, 2019, AT 1:30 P.M. BEFORE THE HONORABLE ROBERT L. JONES AT THE UNITED STATES BANKRUPTCY COURT, LOCATED AT 1205 TEXAS AVE., RM 306, LUBBOCK, TEXAS 79401 This agenda sets forth items in the order the Debtors intend to present to the Court. The Status of each is set forth below. 1. Motion to Compel Debtors to Accept or Reject Executory Contract or, Alternatively, to Lift the Automatic Stay for Cause [Docket No. 180] filed by Universal Underwriters Service Corporation. 1 The Debtors are Reagor-Dykes Imports, LP (Case No. 18-50215), Reagor-Dykes Amarillo (Case No. 18-50216), Reagor-Dykes Auto Company, LP (Case No. 18-50217), Reagor-Dykes Plainview, LP (Case No. 18-50218), Reagor-Dykes Floydada, LP (Case No. 18-50219), Reagor-Dykes III LLC, Reagor-Dykes Snyder, L.P. (Case No. 18-50321), (Case No. 18-50322), Reagor-Dykes II LLC (Case No. 18-50323), Reagor Auto Mall Ltd (Case No. 18-50324) and Reagor Auto Mall I LLC (Case No. 18-50325).
Case 18-50214-rlj11 Doc 1117 Filed 03/19/19 Entered 03/19/19 14:43:47 Page 2 of 5 2. Motion to Compel Assumption or Rejection of Unexpired Non-Residential Real Property Lease and Executory Contract and to Compel Debtor s Compliance with 11 U.S.C. 365(d)(3) filed by Patti Sue Noel, Independent Executor of the Estate of M.I. Jack Morris Deceased [Docket No. 186]. This Motion is moot by agreement. The Debtors have filed a motion to assume the subject lease. See docket no. 1115. The hearing on that motion has not yet been set. Counsel for both parties are in discussions to pick an agreed hearing date. 3. Alternative Motion to Lift the Automatic Stay for Cause filed by Universal Underwriters Service Corporation [Docket No. 194]. 4. First Capital Bank of Texas s Motion for Relief from Automatic Stay filed by FirstCapital Bank of Texas [Docket No. 329]. The Debtors and First Capital Bank have agreed to reset this matter for hearing on the Court s 5. Fayebuck Family, LLC s Motion Pursuant to 11U.S.C. 105(a) to Compel Debtor s Compliance with 11 U.S.C. 365(d)(3) filed by Fayebuck Family, LLC [Docket No. 348]. The Debtors have agreed to reject this lease. The Debtors and Fayebuck Family LLC will work on an agreed order. 6. Motion Pursuant to 11 U.S.C. 365(d)(4) for an Order Extending the Time Period within which the Debtors May Assume or Reject Unexpired Leases of Nonresidential Real Property filed by Reagor-Dykes Motors, LP et al. [Docket No. 420]. The hearing set on docket No. 420 relates to the nonresidential real property leases held by the Fayebuck Family, LLC; Patti Sue Noel; and Britt Family Partnership. The relief requested as to the Fayebuck Family lease is moot due to rejection of the subject lease, and the relief requested as to lessors Patti Sue Noel and Britt Family Partnership is moot by agreement due to the filing of the motion to assume the subject leases of Britt Family Partnership and Patti Sue Noel, which was filed on March 18, 2019. 7. Motion to Use Cash Collateral filed by Reagor-Dykes Snyder, L.P. (originally filed in 18-50321 as docket entry 15) [Docket No. 660]. 2
Case 18-50214-rlj11 Doc 1117 Filed 03/19/19 Entered 03/19/19 14:43:47 Page 3 of 5 The Debtors will pass this matter to the Court s April 10 8. Motion to Use Cash Collateral filed by Reagor Auto Mall, Ltd. (originally filed in 18-50324 as docket entry 18 [Docket No. 661]. The Debtors pass this matter to the Court s April 10 9. Motion for Order Directing Debtors and Their Counsel to Provide Information filed by Bank of the West [Docket No. 698]. The Debtors will support an agreed order on terms that are achievable by the Debtors. Bank of the West and the Debtors are currently working on such terms. They expect to upload the Agreed Order this week. 10. Motion for Relief from the Automatic Stay [This Motion pertains to Reagor-Dykes Auto Company, LP, and Reagor-Dykes Motors, LP] filed by Patti Sue Noel, Independent Executor of the Estate of M.I. Jack Morris [Docket No. 768]. This Motion is moot by agreement. The Debtors have filed a motion to assume the subject lease. See docket no. 1115. The hearing on that motion has not yet been set. Counsel for both parties are in discussions to pick an agreed hearing date. 11. Motion for Order Directing Debtors and Their Counsel to Provide Information filed by MUSA Auto Finance, LLC and MUSA Auto Leasing [Docket No. 779]. This hearing became necessary. Fortunately, because the terms of the Agreed Order (entered at Docket No. 961) have been met, no further proceedings required. This Moot should now be deemed moot. 12. Emergency Motion for Interim and Final Orders Authorizing the Debtors to Incur Postpetition Financing filed by Reagor-Dykes Motors, LP et al. [Docket No. 804]. The Debtors will reset this matter for the Court s April 10 13. Capital One Auto Finance, A Division of Capital One, N.A. s Joinder in Motion for Order Directing Debtors and Their Counsel to Provide Information filed by Capital One Auto Finance [Docket No. 857]. 3
Case 18-50214-rlj11 Doc 1117 Filed 03/19/19 Entered 03/19/19 14:43:47 Page 4 of 5 (entered at Docket No. 1024) is ongoing, no further Capital One, this matter will reset this motion for hearing on the Court s 14. Compass Bank s Motion for Order Directing Debtors to Provide Information filed by Compass Bank [Docket No. 904]. (entered at Docket No. 1083) is ongoing, no further Compass One, his matter will reset this motion for hearing on the Court s 15. Motion for Order Directing Debtors to Abandon and Turn Over Certain Property of the Estates and to Provide Information filed by U.S. Bank, National Association, USB Leasing LT [Docket No. 963]. (entered at Docket No. 1070) is ongoing, no further Capital One, this matter will reset this motion for hearing on the Court s 16. Motion to Lift Automatic Stay filed by Foursight Capital, LLC [Docket No. 1027]. 17. Motion for Relief from Automatic Stay to Foreclose on Personal Property filed by Complex Community Federal Credit Union [Docket No. 1037]. This matter has been resolved. An agreed order will be uploaded. 18. Motion of SunTrust Bank for Order Directing Debtors to Abandon and Turnover Certain Property and to Provide Information filed by SunTrust Bank [Docket No. 1040]. The Debtors will support an agreed order on terms that are achievable by the Debtors 19. MUSA Auto Finance, LLC and MUSA Auto Leasing s Motion for Relief from Automatic Stay filed by MUSA Auto Finance, LLC [Docket No. 1044]. 4
Case 18-50214-rlj11 Doc 1117 Filed 03/19/19 Entered 03/19/19 14:43:47 Page 5 of 5 This matter has been resolved. An agreed order will be uploaded. The Debtors reserve the right to amend this Notice of Agenda as appropriate. NOTICE The pleadings in these cases and supporting papers are available on the Court s website at: ecf.txnb.uscourts.gov. You may also request a copy of any pleading from counsel for the Debtors at the following address: Foley Gardere, Foley & Lardner LLP, 2021 McKinney Avenue, Suite 1600, Dallas, Texas 75201 (acordero@foley.com). DATED: March 19, 2019 Respectfully submitted by: /s/ Marcus A. Helt Marcus A. Helt (TX 24052187) C. Ashley Ellis (TX 00794824) FOLEY GARDERE FOLEY & LARDNER LLP 2021 McKinney Avenue, Suite 1600 Dallas, TX 75201 Telephone: 214.999.3000 Facsimile: 214.999.4667 COUNSEL TO DEBTORS REAGOR- DYKES MOTORS, LP et al. 5