Daniel P. Winikka (State Bar No. 00794873

WINIKKA LAW PLLC

6060 N. Central Expressway, Suite 500

Dallas, TX 75206

Phone: 469-384-7710

Facsimile: 469-384-7709

dan@danwinlaw.com

COUNSEL FOR DEBTOR IN POSSESSION

Craig F. Simon (State Bar No. 00784968)

MEADOWS COLLIER REED COUSINS 

CROUCH & UNGERMAN LLP

901 Main Street, Suite 3700

Dallas, TX 75202

Phone: 214-744-3700

Facsimile: 214-292-2356

csimon@meadowscollier.com 

PROPOSED CO-COUNSEL FOR DEBTOR IN 

POSSESSION

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

In re 

MATTHEW BRANDON MARTORELLO, 

Debtor.

§

§

§

§

§

§

§

§

§

Chapter 11

Case No. 24-90016-mxm-11

SUPPLEMENTAL DECLARATION OF DANIEL P. WINIKKA REGARDING 

RETENTION OF WINIKKA LAW PLLC AS COUNSEL FOR THE DEBTOR 

I, DANIEL P. WINIKKA, state and declare: 

1. I am the founder and sole partner of the law firm Winikka Law PLLC (“Winikka 

Law or the “Firm”). I am admitted to practice before the United States District Court for the 

Northern District of Texas. I am a member in good standing of the bar of the State of Texas.

2. I make this Declaration to supplement the Declaration (Dkt.28) I previously 

submitted (the “Initial Declaration”) in support of the Application for Order Authorizing the 

Employment and Retention of Winikka Law PLLC as Counsel for the Debtor Nunc Pro Tunc as 

of the Petition Date.

Case 24-90016-mxm11 Doc 75 Filed 11/25/24 Entered 11/25/24 15:46:13 Desc Main

Document Page 1 of 4
3. The facts set forth in this Declaration are personally known to me based upon 

personal knowledge, unless otherwise noted, and if called as a witness I would and could 

competently testify thereto. To the extent that any information disclosed herein requires

amendment or modification, I will submit a supplemental statement to the Court. 

4. As noted in my Initial Declaration, it was contemplated at the time the Retention 

Application was filed that the Debtor’s wife would be retaining Winikka Law “for legal advice to 

the extent she determines she needs to commence a bankruptcy proceeding as well given that she 

is also a defendant in one of the class action lawsuits pending in the Eastern District of Virginia.” 

Initial Declaration at ¶7. Mrs. Martorello did not end up retaining Winikka Law, but instead 

retained Behrooz Vida to represent her in connection with her possible commencement of a 

bankruptcy proceeding. On November 13, 2024, Mrs. Martorello filed a petition for relief under 

chapter 7 of the Bankruptcy Code. 

5. I anticipate that Mrs. Martorello may retain Winikka Law along with Meadows 

Collier Reed Cousins Crouch & Ungerman LLP to represent her in her chapter 7 case with respect 

to litigation relating to whether she has any liability to consumer borrowers from a federally 

recognized Indian tribe—the Lac Vieux Desert Band of Lake Superior Chippewa Indians, 

including any potential challenge to the discharge of any such liability. Such litigation will involve 

essentially the same issues that will need to be addressed in the adjudication of the Debtor’s 

liability to such consumer borrowers and, to a large degree, the potential liability of Eventide 

Credit Acquisitions and BWH Texas LLC as well. 

Case 24-90016-mxm11 Doc 75 Filed 11/25/24 Entered 11/25/24 15:46:13 Desc Main

Document Page 2 of 4
I declare under penalty of perjury that the foregoing is true and correct to the best of my 

knowledge.

DATED: November 25, 2024 

/s/ Daniel P. Winikka

Daniel P. Winikka (TX 00794873) 

WINIKKA LAW, PLLC

6060 North Central Expressway, Suite 500

Dallas, TX 75206

Telephone: (469) 384-7710

Facsimile: (469) 384-7709

dan@danwinlaw.com

COUNSEL FOR DEBTOR IN 

 POSSESSION

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on this 25th day of November, he caused to be served 

a true and correct copy of the foregoing document, (i) electronically filing it with the Court using 

the CM/ECF system, which sent notification to all parties of interest participating in the CM/ECF 

system; and (ii) by first class U.S. mail, postage prepaid, upon the parties on the attached service 

list.

/s/ Daniel P. Winikka

Daniel P. Winikka

Case 24-90016-mxm11 Doc 75 Filed 11/25/24 Entered 11/25/24 15:46:13 Desc Main

Document Page 3 of 4
Matthew Brandon Martorello

Case 24-90016-mxm-11

Service List

Virginia Borrower Class

c/o John Scofield

Caddell & Chapman

628 East 9th Street

Houston, TX 77007

Big Picture Loans, LLC

Attn: Co-Managers

E23970 Pow Wow Trail

P.O. Box 704

Watersmeet, Michigan 49969

Citibank

Attn: Bankruptcy Dept

PO Box 790034

St. Louis, MO 63179-0034

Giordani & Assoc

Leslie Giordani

2301 S. Capital of Texas Hwy

Building K

Austin, TX 78746

Kohl’s Credit Card

Attn: Bankruptcy Dept

PO Box 3115

Milwaukee, WI 53201-3115

First National Bank of Omaha

Attn: Bankruptcy Dept

PO Box 3412

Omaha, NE 68103-0412

Richard Lee Smith

c/o Cynthia B. Chapman

Caddell & Chapman

628 East 9th Street

Houston, TX 77007

Renee Galloway

c/o John Scofield

Caddell & Chapman

628 E. 9th St

Houston, TX 77007

Lula Williams et al

c/o Kelly Guzzo PLC

3925 Chain Bridge Road

Suite 202

Fairfax, VA 22030

Bank of America, N.A. 

Attn: 

PO Box 31785

Tampa, FL 33631-3785

Greenberg Traurig, LLP

c/o Jennifer Weddle

1200 17th St

Suite 2400

Denver, CO 80202

American Express

Attn: Bankruptcy Dept

PO Box 981535

El Paso, TX 79998-1535

Discover Card

Attn: Bankruptcy Dept

PO Box 3025

New Albany, OH 43054-3025

JP Morgan Chase Bank NA

Attn: Bankruptcy Dept

PO Box 15298

Wilmington, DE 19850

Comenity Capital Bank

Attn: Bankruptcy Dept

PO Box 183043

Columbus, OH 43218-3043

Office of the United States Trustee

1100 Commerce, Room 976

Dallas, Texas 75242-1699

Internal Revenue Service

Centralized Insolvency Office

P. O. Box 7346

Philadelphia, PA 19101-7346

Loeb & Loeb LLP

c/o Barney Given

10100 Santa Monica Blvd.

Suite 2200

Los Angeles, CA 90067

The Summit Investment Group

3207 Plantation Village

Dorado, PR 00646

William Blum

Solomon Blum Heymann LLP

40 Wall Street

35th Floor

New York, NY 10005

Upgrade

Attn: Bankruptcy Dept

2N. Central Ave 10th Floor

Phoenix, AZ 85004

Dana Duggan

c/o John B. Scofield , Jr.

Caddell & Chapman

628 East 9th Street

Houston, TX 77007

Amanda P. Swartz

Trial Attorney, Tax Division

U.S. Department of Justice

717 N. Harwood, Suite 400

Dallas, Texas 75201

Case 24-90016-mxm11 Doc 75 Filed 11/25/24 Entered 11/25/24 15:46:13 Desc Main

Document Page 4 of 4