MOTION TO MAINTAIN BANK ACCOUNTS — Page 1

motion maintain bank accounts 4875-5253-0610 v.2.docx[1] 4873-1473-6307, v. 1

Jeff Carruth (TX SBN: 24001846)

WEYCER, KAPLAN, PULASKI & ZUBER, P.C.

2608 Hibernia, Suite 105

Dallas, TX 75204-2514

Telephone: (713) 341-1158

Fax: (713) 961-5341

E-mail: jcarruth@wkpz.com

PROPOSED ATTORNEYS FOR

HIGH PLAINS RADIO NETWORK, LLC,

DEBTOR AND DEBTOR IN POSSESSION

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF TEXAS

WICHITA FALLS DIVISION

IN RE: §

§

HIGH PLAINS RADIO NETWORK, LLC, §

§

CASE NO. 24-70089-swe11

DEBTOR. §

§

EXPEDITED HEARING REQUESTED

MOTION TO MAINTAIN BANK ACCOUNTS

TO THE HONORABLE SCOTT W. EVERETT, U.S. BANKRUPTCY JUDGE:

High Plains Radio Network, LLC, debtor and debtor in possession (the “Debtor”) files 

this Motion to Maintain Bank Accounts (the “Motion to Maintain Bank Accounts”) and in 

support thereof would show to the Court the following.

EMERGENCY / EXPEDITED HEARING REQUESTED

1. Debtor concurrently has filed a separatee motion seeking emergency and/or 

expedited consideration of this motion on April 3, 2024, April 4, 2024, or April 5, 2024.

INTRODUCTION

2. This Motion seeks authorization to maintain the pre-petition bank accounts of the

Debtor, which relief the Debtor believes to be important considering the wide span of geographic

locations in which the Debtor operates.

Case 24-70089-swe11 Doc 13 Filed 04/02/24 Entered 04/02/24 03:41:34 Desc Main

Document Page 1 of 13
MOTION TO MAINTAIN BANK ACCOUNTS — Page 2

motion maintain bank accounts 4875-5253-0610 v.2.docx[1] 4873-1473-6307, v. 1

JURISDICTION AND VENUE

3. The Court has jurisdiction over this action pursuant to, and without limitation 

§§ 105, 363, 507, and 1101 et seq. of the United States Bankruptcy Code, 11 U.S.C. § 101 et seq. 

(the “Code”).

4. Venue action is proper in this Court pursuant to 28 U.S.C. § 1409.

5. The Court may try this action to a conclusion and enter final orders under Stern v.

Marshall, 131 S. Ct. 2594 (U.S. 2011).

FACTUAL BACKGROUND

The identity and background of the Debtor and Debtor in Possession.

6. HPRN owns and operates a chain of rural AM and FM radio stations in parts of

Texas, Oklahoma, and Arkansas.

The Commencement of the Bankruptcy Cases.

7. On March 26, 2024, HPRN commenced the above-captioned Chapter 11 case by 

filing a voluntary petition.

8. HPRN commenced this case primarily as a result of ongoing difficulties with 

various tower leases and challenges in the rapidly evolving radio industry.

Factual background in support of the relief requested.

9. The Debtor maintains offices in at least four locations in three states, with radio 

stations and/or transmitters located in many other cities.

10. The Debtor maintains the pre-petition bank accounts (collectively, the “Subject

Accounts” or each a “Subject Account”) as shown in Exhibit H006,

1

.

11. In order to reduce disruption of the business operations of the Debtor, and taking 

into account the geographic challenges faced by the distant locations in which the Debtor 

1 The Debtor is consecutively numbering all exhibits throughout this case.

Case 24-70089-swe11 Doc 13 Filed 04/02/24 Entered 04/02/24 03:41:34 Desc Main

Document Page 2 of 13
MOTION TO MAINTAIN BANK ACCOUNTS — Page 3

motion maintain bank accounts 4875-5253-0610 v.2.docx[1] 4873-1473-6307, v. 1

operates, the Debtor believes the estate would operate more efficiently if the Debtor were to 

maintain the Subject Accounts post-petition.

12. At no time in the prior 12 months has the balance in any of the Subject Accounts

exceeded $250,000.00.

13. At no time during the following 12-month period of time subsequent to the 

Petition Date is the balance of any of the Subject Accounts anticipated to exceed $250,000.00 at 

any point in time.

RELIEF REQUESTED

14. Pursuant to Code §§ 105 and/or 363, the Debtor respectfully requests that it be 

allowed to continue to use the Subject Accounts at the existing banks without the necessity of 

opening separate, new debtor-in-possession accounts.

15. A proposed form of final order accompanies this Motion to Maintain Bank 

Accounts and is incorporated by reference herein. (The attached form was provided by the U.S. 

Trustee’s office for the Western District of Texas.)

BASIS OF RELIEF

16. Maintenance of the Subject Accounts will greatly aid in the administration of this 

SubChapter V case and reduce the administrative burden upon the Debtor in opening a new bank 

accounts.

17. The Debtor shall ensure that each account and the checks are marked with the 

necessary notations reflecting the existence of this bankruptcy case.

18. Although such relief is commonly granted in larger Chapter 11 cases, such relief

is also appropriate in a small business case for the same purposes of ease of the administrative

Case 24-70089-swe11 Doc 13 Filed 04/02/24 Entered 04/02/24 03:41:34 Desc Main

Document Page 3 of 13
MOTION TO MAINTAIN BANK ACCOUNTS — Page 4

motion maintain bank accounts 4875-5253-0610 v.2.docx[1] 4873-1473-6307, v. 1

burden and continuity of operations. For example, inbound payments to the Bank account will 

continue to flow from customers of the Debtor without the possibility of interruption.

19. The Debtor has taken and/or will take all steps necessary to stop payment on

items that could result in the unauthorized post-petition payment of pre-petition debt.

20. Maintaining the Subject Accounts also shall assist the Debtor with its unique

challenges arising from its geographic dispersion of locations and personnel.

RESERVATION OF RIGHTS

21. HPRN reserves the right to amend and/or supplement this Motion prior to any 

hearing.

PRELIMINARY DESIGNATION OF WITNESSES AND EXHIBITS

22. HPRN designates the following as potential exhibits for any hearing on this 

Motion: (1) the exhibits attached to this Motion; (2) the exhibits attached to any other pleading 

filed in this case by HPRN; (3) any other exhibits designated by HPRN as to any other matter; 

(4) any exhibits designated by any other party.

23. HPRN designates the following as potential witnesses for any hearing on this 

Motion. (1) Monte Spearman; (2) any other witnesses designated by any other party.

NOTICE

24. HPRN through the undersigned counsel has provided notice of this Motion and 

the related request for an expedited hearing to the parties entitled to notice under the Federal 

Rules of Bankruptcy Procedure and the applicable Local Rules. Notice by email or other 

expedited means will be provided and/or have been provided to the extent contact information is 

available.

Case 24-70089-swe11 Doc 13 Filed 04/02/24 Entered 04/02/24 03:41:34 Desc Main

Document Page 4 of 13
MOTION TO MAINTAIN BANK ACCOUNTS — Page 5

motion maintain bank accounts 4875-5253-0610 v.2.docx[1] 4873-1473-6307, v. 1

CONCLUSION AND PRAYER

WHEREFORE, High Plains Radio Network, LLC, the debtor and debtor-in-possession, 

respectfully requests that the Court enter an order granting the Motion to Maintain Bank 

Accounts and the relief requested herein. Debtor respectfully requests that the Court grant to 

Debtor such other and further relief to which the Debtor is entitled at law or in equity.

Dated: November 29, 2022 Respectfully submitted:

WEYCER, KAPLAN, PULASKI & ZUBER, P.C.

By: /s/ Jeff Carruth

JEFF CARRUTH (TX SBN: 24001846)

2608 Hibernia, Suite 105

Dallas, TX 75204-2514

Telephone: (713) 341-1158

Fax: (713) 961-5341

E-mail: jcarruth@wkpz.com

PROPOSED ATTORNEYS FOR

HIGH PLAINS RADIO NETWORK, LLC,

DEBTOR AND DEBTOR IN POSSESSION

Case 24-70089-swe11 Doc 13 Filed 04/02/24 Entered 04/02/24 03:41:34 Desc Main

Document Page 5 of 13
MOTION TO MAINTAIN BANK ACCOUNTS — Page 6

motion maintain bank accounts 4875-5253-0610 v.2.docx[1] 4873-1473-6307, v. 1

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing was served on April 2, 2024

(1) by electronic notice to all ECF users who have appeared in this case to date, and/or as set forth below 

and (2) by regular mail to all parties appearing in the attached address list (i.e. mailing matrix).

COPIES OF THE EXHIBITS WERE NOT SERVED BY REGULAR MAIL. PLEASE 

CONTACT THE UNDERSIGNED IF YOU WISH TO RECEIVE THE EXHIBITS.

/s/Jeff Carruth

Jeff Carruth

ECF SERVICE LIST

24-70089-swe11 Notice will be electronically mailed to: 

Jeffery D. Carruth on behalf of Debtor High Plains Radio Network, LLC

jcarruth@wkpz.com, 

jcarruth@aol.com;atty_carruth@trustesolutions.com;carruthjr87698@notify.bestcase.com;ATTY_CARRUTH@blue

stylus.com

Paul H. Cross on behalf of Creditor Hanmi Bank

phclease@msn.com

Julie Anne Parsons on behalf of Creditor Eastland County Appraisal District

jparsons@mvbalaw.com, 

kalexander@mvbalaw.com;theresa.king@mvbalaw.com;juanie.montalvo@mvbalaw.com

Julie Anne Parsons on behalf of Creditor The County of Henderson, Texas

jparsons@mvbalaw.com, 

kalexander@mvbalaw.com;theresa.king@mvbalaw.com;juanie.montalvo@mvbalaw.com

Julie Anne Parsons on behalf of Creditor The County of Stephens, Texas

jparsons@mvbalaw.com, 

kalexander@mvbalaw.com;theresa.king@mvbalaw.com;juanie.montalvo@mvbalaw.com

Scott M. Seidel -SBRA V

scott@scottseidel.com, csms11@trustesolutions.net;susan.seidel@earthlink.net

United States Trustee

ustpregion06.da.ecf@usdoj.gov

Case 24-70089-swe11 Doc 13 Filed 04/02/24 Entered 04/02/24 03:41:34 Desc Main

Document Page 6 of 13
4873-1473-6307, v. 1

REGULAR MAIL LIST

Case 24-70089-swe11 Doc 13 Filed 04/02/24 Entered 04/02/24 03:41:34 Desc Main

Document Page 7 of 13
4873-1473-6307, v. 1

Case 24-70089-swe11 Doc 13 Filed 04/02/24 Entered 04/02/24 03:41:34 Desc Main

Document Page 8 of 13
4873-1473-6307, v. 1

PROPOSED FINAL ORDER

Case 24-70089-swe11 Doc 13 Filed 04/02/24 Entered 04/02/24 03:41:34 Desc Main

Document Page 9 of 13
ORDER GRANTING MOTION TO MAINTAIN BANK ACCOUNTS (RE: DOCKET NO. 13) — Page 1 

motion maintain bank accounts 4875-5253-0610 v.2.docx/4873-1473-6307, v. 1

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

IN RE: §

§

HIGH PLAINS RADIO NETWORK, 

LLC,

§

§

CASE NO. 24-70089-swe11V

§

DEBTOR. §

ORDER GRANTING MOTION TO MAINTAIN BANK ACCOUNTS (RE: 

DOCKET NO. 13)

On this day the Court considered the Motion to Maintain Bank Accounts (Docket No. 13) 

(the “Motion to Maintain Bank Accounts”) filed herein on April 2, 2024 by High Plains Radio 

Network, LLC, debtor and debtor in possession (the “Debtor”). The Debtor seeks the issuance 

and entry of an Order authorizing the continued maintenance of its pre-petition bank accounts as 

shown in the table below (collectively, the “Subject Accounts” or each a “Subject Account”) 

and the continued use of business forms. The Court finds that (i) it has jurisdiction over the 

matters raised in the Motion pursuant to 28 U.S.C. §§ 157 and 1334; (ii) this is a core proceeding 

pursuant to 28 U.S.C § 157(b)(2); (iii) the relief requested in the Motion is in the best interests of 

the Debtor, its estate and its creditors; (iv) proper and adequate notice of the Motion has been 

given and that no other or further notice is necessary; (v) all objections to the Motion has been 

resolved by the Order or are overruled in their entirety; and (vi) upon the record herein after due 

deliberation thereon good and sufficient cause exists for the granting of the relief as set forth 

herein. 

Case 24-70089-swe11 Doc 13 Filed 04/02/24 Entered 04/02/24 03:41:34 Desc Main

Document Page 10 of 13
ORDER GRANTING MOTION TO MAINTAIN BANK ACCOUNTS (RE: DOCKET NO. 13) — Page 2 

motion maintain bank accounts 4875-5253-0610 v.2.docx/4873-1473-6307, v. 1

IT IS THEREFORE ORDERED THAT:

1. The Motion to Maintain Bank Accounts be, and it is hereby granted and approved 

with the following conditions.

2. The Debtor is hereby authorized and empowered to use, with the same account 

number, each Subject Account.

3. The Debtor is hereby authorized and empowered to continue to use their existing 

forms until such supply of existing forms is exhausted; but the Debtor shall clearly imprint on 

each form the case name and number and "Debtor in Possession." With respect to pre-printed 

checks, any new check stock ordered by the Debtor shall contain the "Debtor in Possession" 

label and case number; provided further, that with respect to checks that the Debtor prints inhouse, the Debtor shall begin printing those checks with a "Debtor in Possession" designation 

and case number within five (5) business days of the date this Order is entered.

4. Nothing contained herein shall prevent the Debtor to opening or closing such 

bank accounts as it may deem necessary and appropriate, upon further motion and order.

5. The Debtor shall close pre-petition accounts, other than the Subject Account set 

forth herein.

6. The Debtor will provide to the Office of the United States Trustee the location 

and account number of any additional Debtor-in-Possession accounts opened by the Debtor.

7. The Debtor will provide the United States Trustee with sufficient evidence to 

show that the Subject Accounts has been styled as a Debtor-in-Possession account.

Case 24-70089-swe11 Doc 13 Filed 04/02/24 Entered 04/02/24 03:41:34 Desc Main

Document Page 11 of 13
ORDER GRANTING MOTION TO MAINTAIN BANK ACCOUNTS (RE: DOCKET NO. 13) — Page 3 

motion maintain bank accounts 4875-5253-0610 v.2.docx/4873-1473-6307, v. 1

8. The Debtor, within seven (7) days from entry of this Order, shall cause a copy of 

this Order to be served on each bank and any other bank at which a bank account is maintained 

and counsel to any creditors' committee appointed in the Debtor's Chapter 11 case.

9. All institutions maintaining an account which constitute authorized depositories 

shall comply with the reporting requirements of the United States Trustee for such authorized 

depository.

10. The Debtor, on or before _________________________, shall provide to the 

United States Trustee a reconciliation for each Subject Account as of petition date, March 26, 

2024.

11. At no time shall the Debtor maintain aggregate balances in the Subject Account

which exceeds the federally-insured limit, currently $250,000.00.

12. The Debtor shall attach a copy of the monthly bank statement for the Subject 

Account to its monthly operating reports.

13. Nothing in this Order shall preclude the Debtor or any other party in interest from 

seeking modification of this Order upon motion to this Court.

### END OF ORDER ###

Submitted by:

WEYCER, KAPLAN, PULASKI & ZUBER, P.C.

By: /s/ Jeff Carruth

JEFF CARRUTH (TX SBN: 24001846)

2608 Hibernia, Suite 105

Dallas, TX 75204-2514

Telephone: (713) 341-1158

Fax: (713) 961-5341

E-mail: jcarruth@wkpz.com

PROPOSED ATTORNEYS FOR 

HIGH PLAINS RADIO NETWORK, LLC,

DEBTOR AND DEBTOR IN POSSESSION

Case 24-70089-swe11 Doc 13 Filed 04/02/24 Entered 04/02/24 03:41:34 Desc Main

Document Page 12 of 13
Bank Account Holder Account ##

Guaranty Bank High Plains Radio Network LLC -3917

BancFirst High Plains Radio Network, LLC dba KTAT and KYBE Radio -0273

Cattlemens Bank High Plains Radio Network LLC

Monte L Spearman

Todd Spearman

-2929

FNBC High Plains Radio Network LLC -8559

First State Bank High Plains Radio Network, LLC

Monte L Spearman

Christopher M Quinn

HPRN - Payables

-6875

Partners Bank High Plains Radio Network, LLC -6037

Waggoner National BankHigh Plains Radio Network, LLC -6715

EXHIBIT H006

C:\Users\jcarruth\ND Office Echo\VAULT-C9SL7ZTY\[hprn bank statement recap 4857-6664-4403 v.1.xlsx]Sheet1

4/2/2024 3:33 AM Page 1 of 1 Sheet1

Case 24-70089-swe11 Doc 13 Filed 04/02/24 Entered 04/02/24 03:41:34 Desc Main

Document Page 13 of 13