10000001908

12-50073-lmc Doc#47 Filed 01/23/12 Entered 01/23/12 16:26:03 Main Document Pg 1 of 9
INRE:
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
CHAPTER 11
DELTA PRODUCE, L.P.
1
DEBTORS.

CASE NO. 12-50073-LMC
JOINTLY ADMINISTERED
APPLICATION FOR APPROVAL OF THE EMPLOYMENT OF
LANGLEY & BANACK, INC. AS ATTORNEYS FOR THE DEBTORS
TO THE HONORABLE UNITED STATES BANKRUPTCY JUDGE:
NOW COMES Delta Produce, L.P. ("Delta"), Superior Tomato-Avocado, Ltd. ("Superior"),
Atled, Ltd. ("Atled") and Staci Properties, Ltd. ("Staci") (collectively, the "Debtors"), the Debtors in
the above captioned cases (the "Cases"), and hereby file this Application for Approval of the
Employment of Langley & Banack, Inc. as Attorneys for the Debtors (the "Application"). In support
of the Application, the Debtors rely upon the Affidavit ofR. Glen Ayers in Support ofthe Application
for the Approval of the Employment of Langley & Banack, Inc. as Attorneys for the Debtors (the
"Ayers Affidavit") attached hereto as Exhibit "A". The Debtors present this Application a11.d
respectfully represents the following:
I.
JURISDICTION, VENUE AND BACKGROUND
1. This Court has jurisdiction to consider the Motion pursuant to 28 U.S.C. 157 and
1334. This is acoreproceedingpursuantto 28 U.S.C. 157(b)(2). Venue is proper before this Court
pursuant to 28 U.S.C. 1408 and 1409.
2. The statutory predicates for the relief requested herein are Sections 327 and 330 ofthe
Bankruptcy Code, Rule 2014 of the Federal Rules ofBankruptcy Procedure and Local Rule 2014 of
the Local Rules of Bankruptcy Procedures for the Western District of Texas.
1
Debtors are the following entities: Delta Produce, L.P.- Case No. 12-50073-LMC-11, Superior Tomato-Avocado,
Ltd.- Case No. 12-50074-LMC-11, Atled, Ltd.- Case No. 12-50075-LMC-11 and Staci Properties, Ltd.- Case No.
12-50110-LMC
L & B 14013/0002/L0578346.WPD/
3. On January 3, 2012 (the "Petition Date"), the Debtors (with the exception of Staci
Properties, Ltd which filed its Chapter 11 case on January 9, 2012) filed separate voluntary petitions
for relief under Chapter 11 of title 11 ofthe United States Code, 11 U.S.C. 101-1532 (as amended,
the "Bankruptcy Code").
4. No committee has been appointed by the United States Trustee. Further, no trustee or
examiner has been requested or appointed. Since the filing, Debtor has continued to operate as
Debtor-in-Possession pursuant to sections 1107 and 1108 of the Bankruptcy Code.
5. The Debtors are jointly administered under the lead case In re: Delta Produce, L.P.,
Case No. 12-50073.
II.
RETENTION OF LANGLEY & BANACK, INC.
6. By this Application, the Debtors seek to employ and retain Langley & Barrack, Inc.
("L&B" or "Langley & Barrack") as counsel for all Debtors, as of the Petition Date, in connection
with various matters, including the Debtors' commencement and prosecution of these Chapter 11
cases. Pursuant to 327(a) of the Bankruptcy Code, the Debtors request that the Court approve the
employment ofL&B as counsel to perform the extensive legal services that will be necessary. The
Debtors have been irormed that Vlilliam R. Davis, Jr. "vvill act as lead L&B counsel for the Debtor
in the Chapter 11 Case. Mr. Ayers can be contacted at Langley & Barrack, Inc., 745 E. Mulberry,
Suite 900, San Antonio, Texas 78212, facsimile: (21 0) 73 5-6889, telephone: (21 0) 736-6600, E-mail:
wrdavis@langleybanack.com. Mr. Davis' State Bar Number is 05565500.
7. The employment of Langley & Barrack is appropriate and necessary to enable the
Debtors to execute faithfully their duties as a Debtors and Debtors-in-Possession. Subject to further
order of this Court, it is proposed that Langley & Barrack be employed as bankruptcy counsel to:
a. take all necessary action to protect and preserve the estates of the Debtors, including
the prosecution of actions, the defense of any action commenced against the Debtors,
the negotiation of disputes in which the Debtors are involved, and the preparation of
objections to claims filed;
b. prepare on behalf of the Debtors all necessary motions, applications, answers, orders,
reports, and papers in connection with the administration and prosecution of the
Debtors' Cases;
L & B 14013/0002/L0578346.WPD/ Page2
c. advise the Debtors in respect of bankruptcy, real estate, oil and gas, regulatory, labor
law, intellectual property, licensing, and tax matters or other such services as
requested; and
d. perform all other necessary legal services in connection with the Cases.
8. It is necessary that the Debtors employ counsel to render the foregoing professional
services. L&B has stated its desire and willingness to act as counsel in the Cases and render the
necessary professional services as attorneys for the Debtors.
9. The Debtors have selected L&B to provide it with representation in the Cases because
L&B' s expertise with bankruptcy cases of similar size and scope is well known. Additionally, L&B
is familiar with the local rules and procedures of this Court.
10. The Debtors seek approval of the Application within 20 days of the Petition Date.
Bankruptcy Rule 6003, as amended, provides that a Court may grant relief regarding professional
retentions within 20 days provided the relief is necessary to avoid immediate and irreparable harm.
Courts have granted such relief. See, e.g., In re First NLC Financial Serv., LLC, 382 B.R. 547, 550
(S.D. Fla. 2008); In re Aloha Airlines, Inc., Case No. 08-0037 (D. Hawaii March 21, 2008) Docket
No. 58; Tousa, Inc., Case No. 08-10928 (S.D. Fla. Jan. 31, 2008) Docket No. 115. But cf. Lrz re
Manchester, Inc., Case No. 08-30703 (N.D. Tex. Feb. 17, 2008) Docket No. 68 (did not raise 6003
standard).
11. Section 327(a) states that ''the trustee, with court's approval, may employ one or more
attorneys ... " 11 U.S.C. 327(a). Thus, under the statute the debtor in possession may not employ
counsel without the Court's approval. If counsel's employment has not been approved, there may be
some reluctance on the part of third parties who need to negotiate with the Debtors' counsel. Interim
approval provides counsel with authority and legitimacy, which may be questioned if not approved
as counsel. Furthermore, lack of approval on an interim basis may impact whether an attorney-client
relationship exists. Thus, failure to approve L&B on an interim basis, subject to final approval, may
result in immediate and irreparable damage to the Debtors.
L & B 14013/0002/L0578346.WPD/ Page 3
III.
L&B'S CONNECTIONS AND LACK OF CONFLICTS
A. Connections with the Debtor
12. Debtors are unaware of any circumstances where L&B was adverse to the Debtors,
except as described in the Davis Affidavit. The Debtors have been informed that L&B conflicts
database management system (the "System") holds no information that would suggest that L&B is
now or has ever been adverse to the Debtors, except as described in the Davis Affidavit.
B. Connections with Creditors and Other Parties in Interest
13. L&B has identified only one connection between the Debtors' or their creditors or
parties in interest. L&B has represented branches of the International Bank of Commerce ("IBC")
in matters in South Texas. While IBC is a major creditor in these Cases, it is and has been
represented by Michael Colvard, of Martin & Drought, its regular counsel in San Antonio. L&B has
not represented branches ofiBC located in San Antonio in any matter. L&B does not believe that its
representation ofiBC in other matters constitutes a conflict of interest in these Cases. To the best of
the Debtors' knowledge, the partners, counsel and associates of L&B do not have any other
connection with or any interest adverse to the Debtors, their creditors, or any other party in interest,
or its respective attorneys and accountants or the U11ited States Trt1stee or any person employed in the
office of the United States Trustee, except as set forth herein and in the annexed Davis Affidavit.
14. Fed. R. Bankr. P. 2014(a) alsorequiresadisclosureofall connections with the "debtor,
creditors, any other party in interest, their respective attorneys and accountants .... " As expected,
while the results of these searches revealed no conflict of interest with regard to L&B' s anticipated
representation of the Debtors, connections to parties in interest were revealed. Those connections are
specifically described in the Davis Affidavit. Each of the connections described is a present, former,
or affiliate relationship between L&B and its clients, and each is wholly unrelated to the Debtors in
these Cases. Nevertheless, each relationship constitutes a "connection" that L&B feels should be
disclosed for these purposes. Debtor and L&B do not believe that either a potential or actual conflict
L & B 14013/0002/L0578346.WPD/ Page4
of interest exists with respect to its representation of the Debtors and any of the representations
described above.
IV.
PROPOSED ARRANGEMENT FOR COMPENSATION
15. Pre-petition, L&B received retainers on behalf of each of the individual Debtors. The
father of Scott Jensen, the owner of the Debtors, has given L&B $23,954.00 as a retainer for Delta,
$3,954.00 on behalf of Superior, $3,954.00 on behalf of Atled and $3,954.00 on behalf ofStaci. The
Debtors have agreed to make post-petition deposits to L&B above the amount of the initial retainers
to cover additional legal services and expenses. As of the Petition Date, L&B had incurred $4,156.00
in filing fees (all of which have been paid by the Debtors).
16. Subject to Court approval and in accordance with Section 330(a) ofthe Bankruptcy
Code, compensation will be payable to L&B on an hourly basis, plus reimbursement of actual,
necessary expenses incurred by L&B. The primary attorneys and paralegal within L&B who will
represent the Debtor and their current standard hourly rates are set forth below:
R. Glen Ayers, Shareholder
William R. Davis, Jr. Shareholder
Allen DeBard, Associate
Cindy Kandra, Legal Assistant
$450 per hour
$325 per hour
$75 per hour
17. The hourly rates set forth above are subject to periodic adjustments. From time to time,
other attorneys and paralegals from L&B may serve the Debtor in connection with the matters for
which L&B will be retained. It is anticipated that any such other attorneys' and/or paralegals'
compensation will also be at their current (or hereafter adjusted) standard hourly rate. A copy of the
engagement letter setting forth the terms of compensation and scope of work is attached hereto as
Exhibit "B."
18. The hourly rates set forth above are L&B' s standard hourly rates for work of this
nature. These rates are set at a level designed to fairly compensate L&B for the work of its attorneys
and paralegals and to cover fixed and routine overhead expenses. It is L&B's policy, in all areas of
L & B 14013/0002/L0578346.WPD/ Page 5
its practice, to charge its clients for additional expenses incurred in connection with the client's case.
The expenses charged to L&B' s clients include, among other things, postage and express mail charges
at the rates charged by the U.S. Postal Service, special or hand delivery charges, external
photocopying charges at the actual cost charged, printing of documents in excess of 20 pages or
multiple copies of documents with fewer than 20 pages at $.15 per page (all referred to as "electronic
imaging"), travel expenses, expenses for "working meals," and computerized research. L&B does not
charge for long distance calls other than conference calls. L&B does not charge for incoming or
outgoing telecopier services. L&B will charge the Debtor for expenses in a manner and at rates
consistent with charges made generally to L&B's other clients and consistent with the applicable
Bankruptcy Local Rules and United States Trustee guidelines.
19. L&B reserves the right to request a bonus or fee enhancement. L&B has not agreed
to share any compensation received with any other entity.
20. L&B's compliance with the requirements of 11 U.S.C. 327, 328, 330 and 504 (the
Bankruptcy Code) and Bankruptcy Rule 2014, is set forth in detail in the Davis Affidavit attached as
Exhibit "A."
v.
21. The Debtors have caused a copy of this Motion to be served upon (I) certain pre-
petition lenders, known counsel and the list of the top twenty (20) largest unsecured creditors; (ii) the
United States Trustee (iii) the Internal Revenue Service, and (iv) those persons who have formally
appeared in these Cases and requested service pursuant to Bankruptcy Rule 2002; and (vi) all other
applicable government agencies to the extent required by the Bankruptcy Rules and the Bankruptcy
Local Rules. The Debtor submits that no other or further notice need be provided.
22. No previous application for employment of counsel for the Debtor has been made to
this or any other court.
WHEREFORE, the Debtors respectfully requests that the Court enter an order approving the
Application for Approval ofthe Employment ofLangley & Banack, Inc. as Attorneys for the Debtors,
L & B 14013/0002!L0578346.WPD/ Page6
effective as of the Petition Date, as set forth above, allowing L&B to retain the funds charged against,
and the balance of, the retainer provided by the Debtors on their behalf and granting such other relief
as is just and proper.
Dated: Jam;;rry J-..1012
I hereby certify that on January
instrument was mailed, first class, pos
L & B 14013/0002/L0578346.WPD/
Respectfully submitted,
DELTA PRODUCE, L.P.
SUPERIOR TOMATO-AVOCADO, LTD.
ATLED,LTD.
STACI PROPERTIES, LTD.
LANGLEY & BANACK, INC.
745 E. Mulberry, Suite 900
San Antonio, Texas 78212
Telephone: (210) 736-6600
Telecopier: (210) 735-6889
E-mail: gayers@langleybanack.com
By:

State Bar
PROPOSED ATTORNEYS FOR THE DEBTORS
AND DEBTORS IN POSSESSION
, 012, a true and correct copy of the above and foregoing
prepaid, to the attached notice list.
Page7
. A&A Transporation, Inc.
4741 College Park
San Antonio, TX 78249
Bonaza2001
Dimare Newman, Inc.
P.O. Box 517
Newman, CA 95360-0517
Harllee Packing, Inc.
P.O. Box 8
Palmetto, FL 34220
J-C Distributing, Inc.
2731 N. Donna Avenue
Nogales, AZ 85621
Mission Produce, Inc.
2500 Vinyard Ave., Suite 300
Oxnard, CA 93036
Royal Flavor, LLC
2655 Melksee St.
San Diego, CA 92154
A&D Carriers
4126 Luckenbach Road
B. Catalani
1500 S. Zarzamora, Unit 236
Delta Produce Marketing
2201 S. Laredo
Alamo Leasing
2010 NW Military Hwy.
Del Camp Supreme, Inc.
672 W. Frontage Road
Noales, AZ 85621
Divine Ripe, LLC
700 S. Bridge St., Suite C
Hidalgo, TX 78557
Harvest Crown Co, Inc.
P.O. Box 13578
Bakersfield, CA 93389
Juniper Tomato Grower, Inc.
P.O. Box 38
Greensboro, FL 32330
Rio Queen Citrus
4012 E. Goodwin Rd.
Mission, TX 78574
Slankard Produce Co., Inc.
1500 S. Zarzamora
A&A Concepts, LLC
1219 S. Zarzamora St.
Banana Distributing
Fresh Farm Direct, LLC
106 Adams St., Suite 2A
Monte Vista, CO 81144
Bernardi & Associates
557 E. Frontage Road
Nogales, AZ 85621
Delta Produce Marketing
2001 S. Laredo St.
Frank's Distributing of Produce
P.O. Box 2020
Nogales, AZ 85628-2020
IFCO Systems NA
5250 Tacco Drive
Kingdom Fresh Produce, Inc.
2243 North Goolie Rd., #A
Donna, TX 78537
United States Trustee
615 E. Houston St., #533
Valero Marketing & Supply
P.O. Box 300
Amarillo, TX 79105-0300
Averitt Brokerage Co., Inc.
9999 Perrin Beitel, Suite B
Coosemans Houston, Inc.
3124 Produce Row
Houston, TX 77023
Gonzalez Mexican Produce
2501 W. Military Hwy., A-23
McAllen, TX 78503
Harllee Packing, Inc.
P.O. Box 8
Palmetto, FL 34220
Le Best Banana Supply Co.
P.O. Box295
Hidalgo, TX 78557
Rio Bravo Produce
1006 S. Cesar Chavez
Edinburg, TX 78542
Touchstone & Associates
1500 S. Zarzamora St., #205
Internal Revenue Service
P.O. Box 7346
Philadelphia, P A 191 01-7346
Henry Avocado Corp.
P.O. Box 300867
Escondidio, CA 92030-0867
M&P Logistic LP
Slankard Produce
1500 S. Zarzamora St.
Willson Davis Co.
1500 S. Zarzamora St., #103
Craig A. Stokes
Stokes Law Offices, LLP
3330 Oakwell Court, Suite 225
San Antonio, TX 78218-3066
Kitchen Pride
P.O. Box 585
Gonzales, TX 78629
Maxim Egg Farms
P.O. Box 200805
Dallas, TX 75320-0805
Sunriver Sales
P.O. Box 2738
Visalia, CA 93279
International Bank of Commerce
130 E. Travis St.
San Antonio, TX 78205-1601
Robert E. Goldman, Esq.
1 East Broward Blvd., Ste. 700
Fort Lauderdale, FL 33301
12-50073-lmc Doc#47-1 Filed 01/23/12 Entered 01/23/12 16:26:03 Exhibit A Pg 1 of 6
EXHIBIT ''A''
INRE:
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
CHAPTER 11
DELTA PRODUCE, L.P.
2
DEBTORS.

CASE NO. 12-50073-LMC
JOINTLY ADMINISTERED
AFFIDAVIT OF R. GLEN AYERS IN SUPPORT OF APPLICATION FOR
APPROVAL OF THE EMPLOYMENT OF LANGLEY & BANACK, INC.
AS ATTORNEYS FOR THE DEBTORS
STATEOFTEXAS

COUNTY OF BEXAR
R. GLEN AYERS being duly sworn, deposes and says:
I am over 18 years of age and, if called as a witness, would testifY as to the matters set forth below
based upon my personal knowledge, except where otherwise indicated below:
1. I am a shareholder at Langley & Banack, Inc. ("L&B" or the "Firm"), proposed counsel
for the Debtors. I am submitting this affidavit in support of the Application for Approval of the
Employment of Langley & Banack, Inc. as Attorneys for the Debtors ("Appiication"). (T'ne term
"Debtors" refers to four separate debtors whose cases are jointly administered
3
.)
Background
2. I am an attorney licensed to practice law in the State of Texas and have been a member
in good standing of the Texas Bar since 1984. I am also admitted to practice in the District of Columbia
and before the Supreme Court of Texas; the United States Court of Appeals for the Fifth Circuit; and the
United States District Courts for the Western, Southern, Eastern and Northern Districts ofTexas, and other
federal courts.
2
Debtors are the following entities: Delta Produce, L.P.- Case No. 12-50073-LMC-11, Superior Tomato-Avocado,
Ltd.- Case No. 12-50074-LMC-11, Atled, Ltd.- Case No. 12-50075-LMC-11 and Staci Properties, Ltd.- Case No.
12-50110-LMC
3
Pursuant to Court Order previously entered.
L & B l4013/0002/L0578346.WPD/ Page 1
3. I am a shareholder in the law finn ofL&B. My office address 745 E. Mulberry, Suite 900,
San Antonio, Texas 78212, Telephone: (210) 736-6600, Telecopier: (210) 735-6889, and e-mail
wrdavis@langleybanack.com.
General Statement
4. Neither I nor the Firm represents any interest adverse to the Debtors, as required by 11
U.S.C. 327(a) except as noted below; additionally, we are disinterested persons pursuant to 11 U.S.C.
101(14). The Firm has represented the International Bank of Commerce ("IBC") in small collections
matters. IBC is a creditor in the instant Cases. The Firm does not believe that its representation ofiBC
constitutes a "material" interest that rises to the level of disqualification. There are no other presently
known connections and relationships between L&B, on the one hand, and the Debtors, the Debtors'
creditors, any other party in interest, and their respective attorneys and accountants, the United States
Trustee and any person employed in the office ofthe United States Trustee on the other hand. In preparing
this affidavit, L&B performed a review of the connections and relationships between L&B and certain
creditors of the Debtors and other parties in interest. To the extent that I become aware of any additional
relationships, I will promptly file a supplemental affidavit. L&B will implement appropriate internal
procedures to protect the interests of the Debtors in connection with the representations and relationships
desc1ibed below.
Connections between Langley & Banack, Inc. and the Debtor
5. I am unaware of any circumstances where L&B was or is adverse to the Debtors.
Parties in Interest
6. Except for the proposed representation of the Debtors, neither I nor the Firm has
represented or will represent any other entity in connection with these Cases with the exception of the IBC
representation disclosed in the general statement above, and neither I nor the Firm will accept any fee from
any other party or parties in these Cases except as set out herein and in the Application. As a condition
to acceptance of the employment as counsel to the Debtors, L&B has not and will not undertake to
represent the interests of any creditor of any of the Debtors in any matter related to the Debtors. L&B is
L & B 14013/0002/L0578346.WPD/ Page2
a "disinterested person" as that term is defined in Section 101 (14) of the Bankruptcy Code in that L&B,
its shareholders and associates:
I. Are not creditors, equity security holders, or insiders of the Debtors;
n. Are not and were not, within two (2) years before the date of the filing of the Debtors'
Chapter 11 petitions, a director, officer, or employee ofthe Debtors; and
111. Do not have an interest materially adverse to the interest of the estates or of any class of
creditors or equity security holders, by reason of any direct or indirect relationship to,
connection with, or interest in, the Debtors.
7. L&B has not identified any connections between the Debtors' creditors or parties in
interest and L&B. L&B also discloses that certain of the creditors in these Cases were also creditors in
other cases in which L&B represented the debtors, other creditors and/or other parties in interest. There
are no additional known connections between these creditors and L&B.
Search Methods
8. We have utilized the Firm's conflicts database management system, which is designed to
reveal the potential for conflicts of interest and other connections to existing and former clients and to
many thousands of third parties never represented by the Firm. Such results are printed and have been
reviewed by 11i)rself. VVe l1ave contacted Vfu-ious attorneys of the F L . ~ sho\vn on the System report as
having previously submitted relevant connections information to the System. We have also researched
relevant "hits" for the information set forth above.
Compensation
9. Subject to Court approval and in accordance with Section 3 30( a) of the Bankruptcy Code,
compensation will be payable to L&B on an hourly basis, plus reimbursement of actual, necessary
expenses incurred by L&B. The primary attorneys and paralegals within L&B who represent the Debtor
and their current standard hourly rates are set forth below:
R. Glen Ayers, Shareholder
William R. Davis, Jr.
Allen DeBard, Associate
L & B 14013/0002/L0578346.WPD/ Page3
$450 per hour
$320 per hour
$225 per hour
Cindy Kandra, Legal Assistant $75 per hour
10. The hourly rates set forth above are subject to periodic adjustments, usually in the fall of
each calendar year. From time to time, other attorneys and paralegals from L&B may serve the Debtors
in connection with the matters for which L&B will be retained. The hourly rates set forth above are L&B' s
standard hourly rates for work of this nature. These rates are set at a level designed to fairly compensate
L&B for the work of its attorneys and paralegals and to cover fixed and routine overhead expenses. It is
L&B' s policy, in all areas of its practice, to charge its clients for additional expenses incurred in connection
with the client's case. The expenses charged to L&B's clients include, among other things, postage and
express mail charges at the rates charged by the U.S. Postal Service, special or hand delivery charges,
external photocopying charges at the actual cost charged, printing of documents in excess of20 pages or
multiple copies of documents with fewer than 20 pages at $.15 per page, travel expenses, expenses for
"working meals," and computerized research. L&B does not charge for long distance calls other than
conference calls. L&B does not charge for incoming or outgoing telecopier services. L&B will charge the
Debtor for expenses in a manner and at rates consistent with charges made generally to L&B' s other clients
and consistent with the applicable Bankruptcy Local Rules and United States Trustee guidelines.
11. L&B reserves the right to request a bonus or fee enhancement. L&B has not agreed to
share any compensation received with any other entity.
12. Prior to the filing of the Cases, L&B received a $40,000.00 retainer allocated between the
Debtor's after receipt. The retainer was paid by the father of James Jensen who is the Debtors'
representative. L&B does not believe that this creates a conflict, but should be disclosed.
Conclusion
13. In view of the foregoing, I believe that L&B (I) does not hold or represent an interest
adverse to the Debtors, and their estates, (ii) does not hold or represent any other party in these Cases, and
(iii) is a "disinterested person" as that term is defined in Section 101(14) ofthe Bankruptcy Code. The
Firm recognizes, and takes very seriously, its continuing responsibility to be aware of, and to further
disclose, any relationship or connection between it and other parties in interest to the Debtors' bankruptcy
estates as such appear or become recognized during the Cases. Accordingly, we reserve the right to, and
L & B 14013/0002/L0578346.WPD/ Page4
shall supplement this disclosure if necessary as more information becomes available to us. The foregoing
constitutes the statement of L&B pursuant to Section 327 and 328 of the Bankruptcy Code and Rule
2014(a) of the Federal Rules of Bankruptcy Procedure.
FURTHER AFFIANT SAYETH NOT.
SUBSCRIBED and SWORN to before me, the und6ol
1
:.::i,W;ueCI authority, on thisci3gJay of
January, 2012.
CINDY J. KANDRA
Notary Public, State of Texas
My Commission expires
September 5, 2012
L & B 14013/0002/L0578346.WPD/ Page 5

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