FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER UNDER 11 U.S.C. § 1191 CONFIRMING 

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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

ABILENE DIVISION 

In re: § 

 § Case No. 24-10026 

JM4 TACTICAL LLC, § 

 § Chapter 11 (Subchapter V) 

 Debtor. § 

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER UNDER 11 U.S.C. § 1191 

CONFIRMING DEBTOR’S SECOND AMENDED CHAPTER 11 PLAN OF 

REORGANIZATION AS MODIFIED 

WHEREAS, on July 18, 2024, JM4 Tactical LLC, the debtor and debtor-in-possession in 

the above-reference case (the “Debtor”), filed its Second Amended Chapter 11 Plan of 

Reorganization as Modified [Docket No. 71] (the “Plan”)1; and 

WHEREAS, on June 7, 2023, this Court entered its Order Granting Debtor’s Motion to 

Resolicit Votes for Second Amended Chapter 11 Plan of Reorganization and to Set Confirmation 

1

 All terms not otherwise defined herein shall have the same meaning ascribed to them in the Plan. 

United States Bankruptcy Judge

Signed August 12, 2024

______________________________________________________________________

The following constitutes the ruling of the court and has the force and effect therein described.
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Hearing Deadlines [Docket No. 66] (the “Scheduling Order”), setting forth procedures for 

soliciting approval of the Plan, and setting deadlines for objections to and voting on the Plan; and 

WHEREAS, on June 12, 2023, in accordance with the Confirmation Scheduling Order, the 

Debtor caused the Plan, Confirmation Scheduling Order, and a ballot for voting to accept or reject 

the Plan (the “Solicitation Package”) to be transmitted to holders of Claims in all Classes of the 

Debtor; and 

WHEREAS, pursuant to Bankruptcy Code section 1128(a) and in accordance with the 

Confirmation Scheduling Order, the Court held a hearing on August 7, 2024, at 1:30 p.m. (Central 

Standard Time), to consider confirmation of the Plan (the “Confirmation Hearing”); and 

WHEREAS, all written objections to the Plan were either overruled or withdrawn; and 

WHEREAS, the Court has received and considered certain evidence in support of 

confirmation (including but not limited to, proffers, testimony, declarations, ballot summaries, 

financial projections, liquidation analyses, and argument by counsel); 

NOW, THEREFORE, based upon the Court’s review and consideration of (i) the Plan; (ii) 

the submissions previously filed with the Court; (iii) the record of the Confirmation Hearing 

(including all of the evidence proffered or adduced at the hearing, any declarations, pleadings, 

briefs, memoranda, stipulations, and other submissions filed in connection therewith, and the 

arguments of counsel made at the Confirmation Hearing); and (iv) the record in this subchapter V 

case; and after due deliberation thereon, and good cause appearing therefore, 
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FINDINGS OF FACT AND CONCLUSIONS OF LAW 

THE COURT FINDS AND CONCLUDES THAT:2

A. Findings and Conclusions. The findings and conclusions set forth herein and in 

the record of the Confirmation Hearing, including but not limited to the findings of the Court made 

on the record at the hearing on August 7, 2024 constitute the Court’s findings of fact and 

conclusions of law pursuant to Rule 52 of the Federal Rules of Civil Procedure, as made applicable 

herein by Federal Rule of Bankruptcy Procedure 7052 and 9014. To the extent any of the following 

findings of fact constitute conclusions of law, they are adopted as such. To the extent any of the 

following conclusion of law constitute findings of fact, they are adopted as such. 

B. Jurisdiction, Venue, Core Proceeding - 28 U.S.C. §§ 157(b)(2) and 1334(a). The 

Court has jurisdiction over this subchapter V case pursuant to 28 U.S.C § 1334. Confirmation of 

the Plan is a core proceeding under 28 U.S.C. 157(b)(2)(L), and this Court has jurisdiction to 

determine whether the Plan complies with the applicable provisions of the Bankruptcy Code and 

should be confirmed. The Debtor is an eligible debtor under section 109(d) of the Bankruptcy 

Code. Venue is proper under 28 U.S.C. §§ 1408 and 1409. The Debtor is a proper Plan Proponent 

pursuant to the Bankruptcy Code. 

C. Chapter 11 Petition. On February 16, 2024 (the “Petitions Date”), the Debtor 

commenced with this Court a voluntary case under chapter 11 of the Bankruptcy Code, electing to 

proceed under subchapter V (the “Subchapter V Case”). The Debtor is authorized to continue to 

operate its business and manage its property as a debtor-in-possession pursuant to Section 1184 of 

2

 Findings of fact shall be construed as conclusions of law and conclusions of law shall be construed as findings of 

fact when appropriate. See Fed. R. Bankr. P. 7052. 
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the Bankruptcy Code. A subchapter V trustee, Brad W. Odell (the “Subchapter V Trustee”), has 

been appointed in this Subchapter V Case pursuant to section 1183 of the Bankruptcy Code. 

D. Judicial Notice. The Court takes judicial notice of the the docket of the Subchapter 

V Case maintained by the Clerk of the Court and/or its duly appointed agent, including all 

pleadings and other documents filed, all orders entered, and all evidence and arguments made, 

proffered, or addressed at the hearings held before the Court during the pendency of this 

Subchapter V Case. 

E. Burden of Proof. The Debtor, as a Plan Proponent, has the burden of proving 

eligibility for confirmation of the Plan under section 1191 of the Bankruptcy Code—and thereby 

the burden of proving by a preponderance of the evidence certain elements of Bankruptcy Code 

section 1129(a). The Debtor has met such burden. 

F. Transmittal and Mailing of Materials: Notice. Due, adequate, and sufficient notice 

of the Plan and the Confirmation Scheduling Order, along with all deadlines for voting on or filing 

objections to the Plan, has been given to all known holders of Claims in accordance with the 

Bankruptcy Rules and the procedures set forth in the Confirmation Scheduling Order and further 

orders of the Court. 

G. Identification of Plan Proponents––Fed. R. Bankr. P. 3016(a). The Plan satisfies 

Bankruptcy Rule 3016(a) by identifying the date of the Plan and the proponent of the Plan. 

H. Solicitation and Transmittal of Solicitation Package. The solicitation of votes to 

accept or reject the Plan and requests for consent to the treatment were solicited in good faith and 

in compliance with Bankruptcy Code section 1126, Bankruptcy Rule 3018, all other applicable 

provisions of the Bankruptcy Code, and all other rules, laws, and regulations. The Solicitation 

Package was transmitted to all creditors entitled to vote on the Plan, sufficient time was prescribed 
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for such creditors to accept or reject the Plan, and the solicitation materials used and solicitation 

procedures followed comply with Bankruptcy Code section 1126, thereby satisfying the 

requirements of Fed. R. Bankr. P. 3018. All procedures used to distribute the Solicitation Package 

to the applicable holders of Claims were fair and conducted in accordance with the Bankruptcy 

Code, the Bankruptcy Rules, and any other applicable rules, laws, and regulations. 

I. Notice of the Confirmation Hearings––Fed. R. Bankr. P. 2002. The Debtor gave 

notice of the Confirmation Hearing, the deadline to accept or reject the Plan, and the deadline to 

object to the Plan in accordance with the Confirmation Scheduling Order. The Solicitation 

Package prescribed by the Confirmation Scheduling Order was transmitted to the creditors entitled 

to vote on the Plan in accordance with Fed. R. Bankr. P. 2002. 

J. Notice of the August 7, 2024, Hearing. The Debtor gave proper notice of the 

confirmation hearing held on June 13, 2024. 

K. Impaired Classes That Have Voted to Accept the Plan. As evidenced by the record 

established at the Confirmation Hearing, at least one of more impaired Classes have voted to accept 

the Plan, as defined by sections 1124 and 1126 of the Bankruptcy Code. 

L. Bankruptcy Rule 3016(a). The Plan reflects the date it was proposed and identifies 

the entity submitting it as Plan Proponent, thereby satisfying Bankruptcy Rule 3016(a). 

M. Plan Compliance with Bankruptcy Code – 11 U.S.C. § 1189. The Plan complies 11 

U.S.C. § 1189 because it was filed by the Debtor not later than 90 days after the order for relief 

under chapter 11. with the applicable provisions of the Bankruptcy Code and the Bankruptcy 

Rules, thereby satisfying 11 U.S.C. § 1129(a)(1). 

N. Contents of Subchapter V Plan – 11 U.S.C. § 1190. In compliance with § 1190, the 

Plan includes: (1) a brief history of the business operations of the debtor, (2) a liquidation analysis, 
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and (3) projections with respect to the ability of the Debtor to make payments under the proposed 

plan for reorganization. The Plan provides for the submission of all or such portions of the future 

earnings or other future income of the Debtor to the supervision and control of the Subchapter V 

Trustee as is necessary for the execution of the Plan. 

O. Proper Classification 11 U.S.C. §§ 1122 and 1123(a)(1). The Plan adequately and 

properly identifies and classifies all Claims. Pursuant to 11 U.S.C. § 1122(a), the Claims placed 

in each Class are substantially similar to other Claims in each such Class. Pursuant to 1123(a)(1), 

valid business, factual, and legal reasons exist for separately classifying the various Classes of 

Claims created under the Plan, and such Classes and the Plan’s treatment thereof do not unfairly 

discriminate between Holders of Claims. The Plan satisfies Bankruptcy Code sections 1122 and 

1123(a)(1). 

P. Specified Treatment of Impaired and Unimpaired Classes––11 U.S.C. §§ 

1123(a)(2) and (3). Article VI of the Plan specifies the treatment of the Impaired Classes of Claims 

thereby satisfying Bankruptcy Code section 1123(a)(3). 

Q. No Discrimination––11 U.S.C. § 1123(a)(4). The Plan either provides the same 

treatment for each Claim within each respective Class or the Holder of a particular Claim or interest 

has agreed to a less favorable treatment of his/her/its particular Claim or interest, thereby satisfying 

Bankruptcy Code section 1123(a)(4). 

R. Implementation of the Plan––11 U.S.C. § 1123(a)(5). Article VII of the Plan 

provides adequate and proper means for implementing the Plan. Other articles of the Plan provide 

means for implementation of the Plan as well. For example, Articles VIII provides for the 

treatment of executory contracts and unexpired leases; Article IX describes the process for 
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resolving and treating disputed claims; and Article XII provides for the continuing jurisdiction 

over matters arising out of or related to this Subchapter V Case and the Plan. 

S. Interests of the Creditors, Equity Interest Holders, & Public Policy––11 U.S.C. § 

1123(a)(7). The Plan contains only provisions that are consistent with the interests of Creditors 

and Equity Interest Holders and with public policy with respect to the manner of selection of any 

officer, director, or trustee under the Plan and any successor to such officer, director, or trustee. 

The Debtor properly and adequately disclose the Reorganized Debtor’s post-confirmation 

management in Section 3.3 of the Plan by stating that Reorganized Debtor shall continue to be 

owned by its respective Holders of Equity Interests and will continue to be managed by James 

Chad Myers and Shawndalyn Myers. Consequently, Bankruptcy Code section 1123(a)(7) is met. 

T. Permissible Plan Provisions––11 U.S.C. § 1123(b). The Plan’s provisions are 

appropriate and not inconsistent with the applicable provisions of the Bankruptcy Code. 

U. Impairment of Classes––11 U.S.C. § 1123(b)(1). In accordance with Bankruptcy 

Code Section 1123(b)(1), Article IV of the Plan impairs or leaves unimpaired, as the case may be, 

each Class of Claims under the Plan. 

V. Treatment of Executory Contracts and Unexpired Leases––11 U.S.C. § 1123(b)(2). 

The Plan constitutes a motion by the Debtor to assume all executory contracts and unexpired leases 

identified on the Schedule of Assumed Executory Contracts upon payment of the appropriate cure 

amount identified on such Schedule. 

W. Settlement of Claims—11 U.S.C. § 1123(b)(3). Article VII and Section 7.5 of the 

Plan provides for various treatment of classes of claims, including the settlement of, or adjustments 

to, certain claims or interests belonging to the Debtor or to the Estate as allowed by Bankruptcy 

Code section 1123(b)(3). 
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X. Modify the Rights of Secured Creditors—11 U.S.C. § 1123(b)(5). Article VI of the 

Plan modifies the rights of certain Secured Creditors who are Holders of Secured Claims and thus 

conforms to Bankruptcy Code section 1123(b)(5). 

Y. Additional Plan Provisions––11 U.S.C. § 1123(b)(6). Each of the provisions of 

the Plan are appropriate and not inconsistent with the applicable provisions of the Bankruptcy 

Code. 

Z. Satisfaction of Conditions – 11 U.S.C. § 1191(a). The Court finds that the Plan 

satisfies the relevant provisions of 11 U.S.C. § 1129(a) and, as a result, is a consensual subchapter 

V plan under 11 U.S.C. § 1191(a). With respect to the relevant provisions of 1129(a), the Court 

finds and concludes as follows: 

a. 11 U.S.C. § 1129(a)(1) and (a)(2). The Plan and the Plan 

Proponent comply with the applicable provisions of the Bankruptcy 

Code, thereby satisfying Bankruptcy Code sections 1129(a)(1) and 

(a)(2). 

b. 11 U.S.C. § 1129(a)(3). The Debtor has proposed the 

Plan in good faith and not by any means forbidden by law, thereby 

satisfying Bankruptcy Code section 1129(a)(3). This Court has 

examined the totality of the circumstances surrounding the formulation 

of the Plan. Based upon the evidence presented at the Confirmation 

Hearing, the Court finds and concludes that the Plan has been proposed 

with the legitimate and honest purpose of effectively reorganizing the 

Debtor and maximizing the recovery to creditors in accordance with the 

priorities set forth in the Bankruptcy Code. 

c. 11 U.S.C. § 1129(a)(4). Any payments made or to be 

made by the Debtor for services or for costs and expenses in connection 

with this Subchapter V Case have, or in connection with the Plan and 

incident to the Subchapter V Case, have been approved by, or are 

subject to the approval of, the Court as reasonable, thereby satisfying 

Bankruptcy Code section 1129(a)(4). 

d. 11 U.S.C. § 1129(a)(5). The Debtor has complied with 

Bankruptcy Code section 1129(a)(5) by disclosing at or before the 

Confirmation Hearing as required by the Plan the identity and 
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affiliations of any individual proposed to serve, after confirmation of the 

Plan, as a director or officer of any of the Debtor. 

e. 11 U.S.C. § 1129(a)(6). No governmental regulatory 

commission has jurisdiction over rates of the Debtor after confirmation 

of the Plan. Thus, Bankruptcy Code section 1129(a)(6) is not applicable 

in this Subchapter V Case. 

f. 11 U.S.C. § 1129(a)(7). The Plan satisfies Bankruptcy 

Code section 1129(a)(7). The Plan and evidence adduced at the 

Confirmation Hearing (i) are persuasive, credible and accurate as of the 

dates such evidence was prepared, presented, or proffered; (ii) have not 

been controverted by other persuasive evidence or have not been 

challenged; (iii) are based upon reasonable and sound assumptions; (iv) 

provide a reasonable estimate of the liquidation value of the Debtor’s 

assets upon conversion to a chapter 7 proceeding; and (v) establish that 

each holder of a Claim in an impaired Class will receive or retain under 

the Plan, on account of such Claim, property of a value, as of the 

Effective Date of the Plan, that is not less than the amount that it would 

receive if the applicable Debtor was liquidated under chapter 7 of the 

Bankruptcy Code on such date. 

g. 11 U.S.C. § 1129(a)(8). With respect to each class of 

claims or interests, such class has accepted the Plan, or such class is not 

impaired under the Plan. The Plan does not does not discriminate 

unfairly, and is fair and equitable, with respect to each class of claims 

or interests that is impaired under, and has not accepted, the plan. 

h. 11 U.S.C. § 1129(a)(9). The treatment of Administrative 

Claims and Priority Tax Claims under the Plan satisfies the 

requirements of Bankruptcy Code sections 1129(a)(9)(A) and (C). 

i. 11 U.S.C. § 1129(a)(10). At least one Class of Claims 

that is impaired under the Plan has accepted the Plan thereby satisfying 

Bankruptcy Code section 1129(a)(10). 

j. 11 U.S.C. § 1129(a)(11). The Plan satisfies the 

feasibility requirement of section 1129(a)(11) of the Bankruptcy Code. 

Specifically, the Plan is not likely to be followed by liquidation or need 

for further reorganization. The Court analyzed the factors traditionally 

used by bankruptcy courts in this Circuit—(i) the debtor’s capital 

structure, (ii) the earning power of the business, (iii) economic 

conditions, (iv) the ability of debtor’s management, (v) the probability 

of continuation of management, and (vi) any other related matters—and 

found that the factors support a finding that the Debtor’s plan is feasible. 
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k. 11 U.S.C. § 1129(a)(12). All fees payable under 28 

U.S.C. § 1930 on or before the Effective Date, as determined by the 

Court, have been paid or will be paid on the Effective Date pursuant to 

the Plan, thus satisfying the requirements of Bankruptcy Code section 

1129(a)(12). 

l. 11 U.S.C. § 1129(a)(13). The Debtor does not have any 

retiree benefits to be continued under the Plan. Thus, Bankruptcy Code 

section 1129(a)(13) is not applicable to the Debtor. 

m. 11 U.S.C. §§ 1129(a)(14) & (15). The Debtor does 

not have any domestic support obligations and are not individuals, thus 

Bankruptcy Code sections 1129(a)(14) and (15) are not applicable. 

n. 11 U.S.C. § 1129(a)(16). The Plan does not provide for 

the sale of any of the Debtor’s property. Thus, Bankruptcy Code section 

1129(a)(16) is inapplicable. 

AA. Satisfaction of Confirmation Requirements. The Plan satisfies the requirements for 

confirmation set forth in Bankruptcy Code section 1191(a). 

DECREES 

ACCORDINGLY, THE COURT HEREBY ORDERS THAT: 

1. Confirmation of the Plan. The Plan, which includes any and all modifications or 

supplementations, including any modifications set forth on the record at the Confirmation Hearing, 

is APPROVED and CONFIRMED under Bankruptcy Code section 1191(a) in its entirety. The 

terms of the Plan are incorporated by reference into and are an integral part of this Confirmation 

Order. 

2. Binding Effect of Plan. Pursuant to 11 U.S.C. § 1141(a), except as provided in §§ 

1141(d)(2) and (3), the provisions of the Plan as of the Effective Date, bind the Debtor, equity 

security holders, and any creditor, whether or not the claim or interest of such creditor or equity 

security holder is impaired under the Plan and whether or not such creditor or equity security 

holder has accepted the Plan. 
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3. Modifications to Plan. The definition of “First State Bank” under section 1.1 of the 

Plan shall be modified to mean “First Bank Texas.” Further, the definition of “Causes of Action” 

under section 1.1 of the Plan shall be modified to include the litigation styled as JM4 Tactical, 

LLC, et al. v. Her Tactical, LLC et al. pending in the U.S. District Court for the District of Utah, 

Case No. 1:22-cv-00121-DAK. 

4. Re-vesting of Property. Under 11 U.S.C. § 1141(b), except as otherwise provided 

in the Plan or in this Confirmation Order, as of the Effective Date, all of the property of the estate 

vests in the Debtor. Except as provided in 11 U.S.C. §§ 11141(d)(2) and (3) and except as 

otherwise provided in the Plan or in this Confirmation Order, after confirmation of the Plan, the 

property dealt with by the Plan is free and clear of all claims and interest of creditors. 

5. Post-Confirmation Operation. Except as otherwise provided in the Plan or in this 

Confirmation Order, on and after the Effective Date, the Debtor may operate its business and may 

use, acquire, and dispose of property free of any restrictions of the Bankruptcy Code and 

Bankruptcy Rules and in all respects as if there were no pending case under any chapter or 

provisions of the Bankruptcy Code. The Debtor is entitled to retain and compensate professionals 

without the necessity of further approval of this Court. Except as set forth in the Plan concerning 

objections to claims, the Debtor may also settle or compromise any claims without Court approval. 

6. Injunction Against Interference with the Plan. Pursuant to Section 11.4 of the Plan, 

upon the entry of the Confirmation Order, all Creditors and persons acting in concert with them 

are enjoined and restrained pursuant to section 105 of the Bankruptcy Code from taking any action 

to collect or enforce any Claim directly or indirectly against the Reorganized Debtor in any manner 

inconsistent with the terms contained in the Plan, unless expressly provided otherwise in the Plan. 
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7. Plan Implementation Authorization. Pursuant to the Plan, all necessary documents 

for the implementation of the Plan shall be executed by all necessary parties in interest on the 

Effective Date, unless an earlier date is provided by the Plan. 

8. Assumption or Rejection of Executory Contracts and Unexpired Leases––11 

U.S.C. § 1123(b)(2). Pursuant to Article VIII of the Plan, all executory contracts and unexpired 

leases to which the Debtor is a party shall be assumed as of the Confirmation Date, unless the 

Debtor expressly rejects such contract or lease on or before the thirtieth (30th) day after the 

Confirmation Date, or such executory contract or unexpired lease was previously rejected, or is 

subject to a pending motion to assume or reject as of the Confirmation Date. 

9. Rejection Damage Claims. Pursuant to Section 8.3 of the Plan, any Claims based 

upon rejection of an executory contract or unexpired lease shall be forever barred and shall not be 

enforceable against the Debtor, unless a proof of claim is filed with the Bankruptcy Court and 

served on the Reorganized Debtor such that they actually receive the proof of claim within thirty 

(30) calendar days of entry of an order rejecting such contract or lease. 

10. Governmental Approvals Not Required. This Confirmation Order shall constitute 

all approvals and consents required, if any, by the laws, rules, or regulations of any State or any 

other governmental authority with respect to implementation or consummation of the Plan and any 

documents, instruments, or agreements, and any amendments or modifications thereto, and any 

other acts referred to in or contemplated by the Plan and any documents, instruments, or 

agreements, and any amendments or modifications thereto. 

11. Exemption from Certain Taxes. Pursuant to section 1146(c) of the Bankruptcy 

Code, any transfers contemplated by the Plan shall not be subject to any stamp, transfer tax, or 

similar tax. 
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12. Resolution of Claims. Except as otherwise ordered by the Court, any Claim that is 

not an Allowed Claim shall be determined, resolved, or adjudicated in accordance with the terms 

of the Plan. All objections to Claims shall be filed with the Court within ninety (90) days from the 

Effective Date, and a copy of the objection shall be served upon the Holder of the Claim to which 

the such objection pertains. Any request for an extension period to object to Claims need be served 

only upon the creditors involved, the Subchapter V Trustee, and the United States Trustee. 

13. Reversal. If any or all of the provisions of this Confirmation Order are hereafter 

reversed, modified, or vacated by subsequent order of this Court or any other court, such reversal, 

modification, or vacatur shall not affect the validity of the acts or obligations incurred or 

undertaken under or in connection with the Plan prior to the Debtor’s receipt of written notice of 

any such order. Notwithstanding any such reversal, modification, or vacatur of this Confirmation 

Order, any such act or obligation incurred or undertaken pursuant to, and in reliance on, this 

Confirmation Order prior to the effective date of such reversal, modification, or vacatur shall be 

governed in all respects by the provisions of this Confirmation Order and the Plan or any 

amendments or modifications thereto. 

14. Retention of Jurisdiction. Except as otherwise specified in the Plan, pursuant to 

Bankruptcy Code sections 105(a) and 1142, and notwithstanding the entry of this Confirmation 

Order or the occurrence of the Effective Date, the Court shall retain exclusive jurisdiction as 

provided in Article XII of the Plan. 

15. Notice of Entry of Confirmation Order. The Debtor shall serve notice of entry of 

this Confirmation Order pursuant to Bankruptcy Rules 2002(f)(7), 2002(j), 2002(k), and 3020(c) 

on all creditors, the Subchapter V Trustee, the United States Trustee, the Internal Revenue Service, 
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and other parties in interest, by causing notice of entry of this Confirmation Order to be delivered 

to such parties by first-class mail, postage prepaid. 

16. Notice of Effective Date. Within five (5) Business Days following the occurrence 

of the Effective Date, the Reorganized Debtor shall file notice of the occurrence of the Effective 

Date with the Bankruptcy Court and shall serve a copy of same on (a) the United States Trustee; 

(b) the Subchapter V Trustee; and (c) the entities that have requested notice in this case pursuant 

to Bankruptcy Rule 2002. 

17. Reference to Plan Provisions. The failure to specifically include or reference any 

particular provision of the Plan in this Confirmation Order shall not diminish or impair the 

effectiveness of such provision, it being the intent of the Court that the Plan be confirmed in its 

entirety. 

18. Inconsistency. In the event of an inconsistency between the Plan and any other 

agreement, instrument, or document intended to implement the provisions of the Plan, the 

provisions of the Plan shall govern unless otherwise expressly provided for in such agreements, 

instruments, or documents. In the event of any inconsistency between the Plan and any agreement, 

instrument, or document intended to implement the Plan and this Confirmation Order, the 

provisions of this Confirmation Order shall govern. 

19. Enforceability. Pursuant to Bankruptcy Code sections 1123(a) and 1142(a) and the 

provisions of this Confirmation Order, the Plan and all plan-related documents shall apply and be 

enforceable notwithstanding any otherwise applicable non-bankruptcy law. 

20. Final Order. This Confirmation Order constitutes a Final Order and no just cause 

exists for delay of this Confirmation Order. 
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER UNDER 11 U.S.C. § 1191 CONFIRMING 

DEBTOR’S SECOND AMENDED CHAPTER 11 PLAN OF REORGANIZATION AS MODIFIED - Page 15

21. Administrative and Professional Fee Claims. Except for Professional Claims, the 

deadline for filing all applications for payment of Administrative Claims shall be on or before 

thirty (30) days after the entry of this Confirmation Order. Except as expressly provided elsewhere 

in the Plan, any Administrative Claim filed after that date shall be deemed untimely filed and shall 

be disallowed. The deadline for objecting to such Administrative Claims is twenty-one (21) days 

after a request for payment of such Claim has been filed and served upon counsel for the Debtor. 

The deadline for submitting applications for compensation for services rendered in this case 

pursuant to sections 327, 328, 330, 331, or 1103 (the “Professional Fee Claims”) of the Bankruptcy 

Code prior to the Effective Date is sixty (60) days after the Effective Date. The deadline to object 

to final fee applications shall be the twenty-first (21st) day after such fee application has been filed. 

# # # END OF ORDER # # # 

AGREED TO AS TO FORM AND SUBSTANCE: 

TITTLE LAW GROUP, PLLC 

/s/ Brandon J. Tittle 

Brandon J. Tittle 

Texas Bar No. 24090436 

5465 Legacy Dr., Ste. 650 

Plano, Texas 75024 

Telephone: 972.731.2590 

Email: bittle@gpm-law.com 

ATTORNEY FOR THE DEBTOR 

AND DEBTOR-IN-POSSESSION 

MULLIN HOARD & BROWN, L.L.P. 

/s/ Brad W. Odell 

Brad W. Odell 

Texas Bar No. 24065839 

P.O. Box 2585 

Lubbock, Texas 79408 

Telephone: 806.765-7491 

Email: bodell@mhba.com 

SUBCHAPTER V TRUSTEE