MOTION TO APPROVE SETTLEMENT AGREEMENT AND RELEASE PAGE 1

Daniel P. Winikka (State Bar No. 00794873)

WINIKKA LAW PLLC

7522 Campbell Road, Suite 113, #419

Dallas, TX 75248

Phone: 469-384-7710

Facsimile 469-384-7709

dan@danwinlaw.com

PROPOSED COUNSEL FOR DEBTOR IN POSSESSION

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

§

In re § Chapter 11

§

MATTHEW B. MARTORELLO, § Case No. 24-90016-mxm-11

§

§

Debtor. § Expedited Hearing: 

§ October 23, 2024 at 10:30 a.m.

§

MOTION TO APPROVE SETTLEMENT AGREEMENT AND RELEASE BETWEEN

THE DEBTOR, THE LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA

INDIANS, BIG PICTURE LOANS, LLC, EVENTIDE CREDIT ACQUISITIONS, LLC AND 

CERTAIN OTHER LIMITED PARTIES TO THE SETTLEMENT AGREEMENT

Emergency relief has been requested. Relief is requested not later than 10:30 a.m. on Wednesday, 

October 23, 2024. 

If you object to the relief requested or you believe that emergency consideration is not warranted, 

you must appear at the hearing if one is set, or file a written response prior to the date that relief is 

requested in the preceding paragraph. Otherwise, the Court may treat the pleading as unopposed 

and grant the relief requested. 

A hearing will be conducted on this matter on Wednesday, October 23, 2024 at 10:30 a.m. in Room 

128, 1st Floor, U.S. Courthouse, 501 W. Tenth Street, Fort Worth, Texas 76102.

You may participate in the hearing either in person or by an audio and video connection 

Audio communication will be by use of the Court’s dial-in facility. You may access the facility at 

(650) 479-3207; Access Code 2310-650-8783. Video communication will be by use of the Cisco WebEx 

platform. Connect via the Cisco WebEx application or click the link on Judge Mullin’s home page

https://us-courts.webex.com/meet/mullin. The meeting code is 2310-650-8783. Click the settings icon 

in the upper right corner and enter your name under the personal information setting. 

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MOTION TO APPROVE SETTLEMENT AGREEMENT AND RELEASE PAGE 2

Hearing appearances must be made electronically in advance of electronic hearings. To make your 

appearance, click the “Electronic Appearance” link on Judge Mullin’s home page. Select the case 

name, complete the required fields and click “Submit” to complete your appearance.

TO THE HONORABLE MARK X. MULLIN, UNITED STATES BANKRUPTCY JUDGE:

COMES NOW Matthew Brandon Martorello (the “Debtor”) and files this Motion to Approve 

Settlement Agreement and Release Between the Debtor, Lac Vieux Desert Band of Lake Superior Chippewa 

Indians, Big Picture Loans, LLC, Eventide Credit Acquisitions, LLC and Certain Other Limited Parties to 

the Settlement Agreement (the “Motion”). In support of this Motion, the Debtor respectfully represents as 

follows.

SUMMARY OF SETTLEMENT AGREEMENT

1. On October 17, 2024, Eventide Credit Acquisitions, LLC (“Eventide”) filed, in its chapter 

11 case (Case No. 23-90007-mxm-1) a motion (the “Eventide Settlement Motion”) (Docket No. 396) to 

approve a global settlement among the Lac Vieux Desert Band of Lake Superior Chippewa Indians (the 

“Tribe”), Big Picture Loans, LLC (“BPL”), and Eventide (and together with the Tribe and BPL, the 

“Settlement Parties”), and the Debtor, Tribal Economic Development Holdings, LLC (“TED”), Ascension 

Technologies, LLC (“Ascension,”), BWH Texas, LLC (“BWH,”), Loeb & Loeb, LLP (“Loeb Firm”), 

Bernard R. Given, II (“Given”), Brophy & Bland, PLLC (“BB Firm”), and Joseph Brophy (“Brophy,” and 

together with the Debtor, BWH, TED, Ascension, Loeb Firm, Given, and BB Firm, the “Limited Parties”). 

The Settlement Parties and Limited Parties are also referred to collectively as the “Parties.” The terms of 

the settlement are reflected in the Settement Agreement and Release (the “Settlement Agreement”),1 a 

copy of which is attached hereto as Exhibit A. The Settlement Agreement would resolve all of the Pending 

Actions between the Parties, which are currently pending in the Bankruptcy Court, the District Court, and 

LVD Tribal Court, including claims asserted against the Debtor in the LVD Tribal Court. 

2. The Debtor is a party to the Settlement Agreement, and by this Motion, asks the Court to 

1 Any capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in the Settlement 

Agreement.

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MOTION TO APPROVE SETTLEMENT AGREEMENT AND RELEASE PAGE 3

approve the Settlement Agreement as it relates to his estate.

3. As described in the Eventide Settlement Motion, the basic terms of the Settlement 

Agreement2 are as follows: (i) the Tribe agrees to pay a “Settlement Amount” of $16,886,983.71

to Eventide consisting of a payment of $1.5 million upon the approval of the settlement by the 

Bankruptcy Court and the entry of the Condemnation Judgment by the LVD Tribal Court, a 

payment of $1 million on May 1, 2025, and the payment of $14,386,983.71 over forty-eight (48) 

months at 3.7% interest commencing November 1, 2024 (Settlement Agreement, ¶2); (ii) Eventide 

agrees to the entry of the Condemnation Judgment by the LVD Tribal Court, which also requires 

the Tribe to pay the Settlement Amount to Eventide on the same terms as the Settlement Agreement 

as “just compensation” for the condemnation of the Note and LSA (Settlement Agreement, ¶8);

3

(iii) the Tribal Parties consent to the jurisdiction of the Bankruptcy Court for matters relating to 

the enforcement of the Settlement Agreement, and agree to broad waivers of sovereign immunity 

and the right to tribal exhaustion or litigation in a Tribal Forum (Settlement Agreement, ¶¶ 10-14);

(iv) the Parties agree to broad mutual releases between the Tribal Parties, on the one hand, and 

Eventide and the Eventide Limited Parties, includiing the Debtor, on the other (Settlement 

Agreement, ¶9); (v) the collection of Payments under the Settlement Agreement and any 

enforcement thereof will be handled by Daniel J. Sherman, Esq., as an independent “Collection 

Agent” with strict fiduciary duties to the Eventide Estate, who will hold the funds in a separate 

IOLTA account pending the entry of appropriate orders by the Bankruptcy Court regarding the 

2 The general description of the Settlement Agreement contained herein is for illustrative purposes and subject, in its entirely, to 

the express terms of the Settlement Agreement, which are controlling over the general description of such agreement in this 

Motion.

3 Although referenced in both the Settlement Agreement and the Condemnation Judgment, Eventide is only entitled to a single 

satisfaction of the Settlement Amount and payments pursuant to the Condemnation Judgment shall be credited as payments 

pursuant to the Settlement Agreement, and vice versa.

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MOTION TO APPROVE SETTLEMENT AGREEMENT AND RELEASE PAGE 4

disbursement of funds (Settlement Agreement, ¶7); (vi) BPL will make information regarding the 

identity of its consumer borrowers (“Consumer Borrowers”) available to a 

claims/noticing/balloting agent4 for any of the Eventide Released Parties, including the Debtor, so 

that appropriate notices can be sent to the Consumer Borrowers in the bankruptcy cases filed by 

any of the Eventide Released Parties, including the Debtor’s case (Settlement Agreement, ¶17); 

and (vii) the applicable Parties will dismiss all Pending Actions in the Bankruptcy Court, District 

Court, and LVD Tribal Court (Settlement Agreement, ¶16). 

4. For the reasons set forth herein and in the Eventide Settlement Motion, which the 

Debtor adopts and incorporates herein, the Debtor asserts the settlement is in the best interests of 

his bankruptcy estate and should be approved.

JURISDICTION AND VENUE

5. The Bankruptcy Court has jurisdiction to consider this matter pursuant to 28 U.S.C. 

§§ 157 and 1334. This is a core proceeding pursuant to 28 U.S.C. § 157(b). Venue is proper 

before the Bankruptcy Court pursuant to 28 U.S.C. §§ 1408 and 1409. The predicates for the relief 

sought in this Motion are sections 105(a) of the Bankruptcy Code and Fed. R. Bankr. P. 9019.

PROCEDURAL AND FACTUAL BACKGROUND

6. On September 20, 2024 (the “Petition Date”), the Debtor filed a voluntary petition 

for relief under Chapter 11 of the Bankruptcy Code.

7. The Debtor is managing his property as debtor-in-possession pursuant to section 

1107(a) of the Bankruptcy Code. No trustee or examiner has been appointed in this case.

8. The Debtor is an “affiliate” of Eventide because he indirectly owns or controls 

4 The Settlement Agreement provides that the Consumer Borrower Information will be made available to either American Legal 

Claims Services or Donlin Recano & Company, Inc., as the noticing agent for any of the Eventide Released Parties.

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MOTION TO APPROVE SETTLEMENT AGREEMENT AND RELEASE PAGE 5

more than 20% of its voting member interests. He is also the Manager of Eventide.

9. As described in the Eventide Settlement Motion, the Settlement Agreement 

resolves all pending matters and disputes between Eventide and BPL in the Bankruptcy Court 

and on appeal in the District Court, which includes numerous matters as outlined in the Eventide 

Settlement Motion. It likewise resolves matters between Eventide and the LVD Tribe, in both the 

LVD Tribal Court and this Court, relating to the LVD Tribe’s Complaint for Condemnation. 

10. With respect to the Debtor, on August 28, 2024, BPL filed a complaint in LVD 

Tribal Court against the Debtor as well as against Loeb Firm, Given, BB Firm, and Brophy (the 

“LVD Tribal Court Action”). The LVD Tribal Court Action is pending as Case No. Case No. 

24-cv-05 in LVD Tribal Court. 

6. On October 17, 2024, after approximately six weeks of negotiations, the Parties 

entered into the Settlement Agreement attached hereto as Exhibit A. The Settlement Agreement 

would result in dismissal with prejudice of the LVD Tribal Court Action against the Debtor. 

7. The Debtor believes the Settlement Agreement is in the best interests of the 

Eventide Estate for all the reasons explained in the Eventide Settlement Motion. The Debtor also 

believes the Settlement Agreement is in the best interests of his estate for the reasons explained 

below. 

RELIEF REQUESTED

8. Through this Motion, the Debtor seeks: (i) approval of the Settlement Agreement 

described herein, (ii) entry of the proposed order granting the Motion (the “Settlement Approval 

Order”), which will be filed as a supplement to the Motion, (iii) the waiver of any stays applicable 

to the finality of the Settlement Approval Order, including under Fed. R. Bankr. P. 4001(a)(3) and 

6004(h); and (iv) all such further relief to which the Debtor may be justly entitled.

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MOTION TO APPROVE SETTLEMENT AGREEMENT AND RELEASE PAGE 6

BASIS FOR RELIEF REQUESTED

9. As discussed in summary fashion above, if approved, the Settlement Agreement: 

(i) provides consideration of $16,886,983.71 to the Eventide Estate, as provided in the Settlement 

Agreement; (ii) permits the condemnation of the Note and LSA by the LVD Tribal Court; (iii) 

includes consents to the jurisdiction of the Bankruptcy Court and broad waivers of sovereign 

immunity and the right to tribal exhaustion or litigation in a Tribal Forum by the Tribal Parties for 

any claim to enforce the obligations in the Settlement Agreement, Settlement Approval Order, and 

Condemnation Judgment in the event of a default in the payment of the Settlement Amount, (iv) 

includes broad mutual releases between the Tribal Parties, on the one hand, and Eventide and the 

Eventide Limited Parties, including the Debtor, on the other; (v) provides for the collection and 

enforcement of the payments under the Settlement Agreement by an independent Collection Agent 

for the Eventide Estate Fiduciary; (vi) enables a Noticing Agent for any of the Eventide Released 

Parties, including the Debtor, to obtain access to information needed to provide notice to the 

Consumer Borrowers in Eventide’s bankruptcy case, the Debtor’s bankruptcy case and in any other 

Eventide Released Party Bankruptcy Case; and (vii) resolves all of the Pending Actions involving 

the Parties before the Bankruptcy Court, District Court, and LVD Tribal Court.

A. Cajun Electric Factors

10. The Debtor submits that the terms of the Settlement Agreement are fair and 

equitable, and that its approval is in the best interests of creditors and the Debtor’s estate. 

11. Bankruptcy Rule 9019(a) generally governs settlements in bankruptcy cases. It 

provides, in relevant part, that “[o]n motion by the trustee and after notice and a hearing, the court 

may approve a compromise or settlement.” Fed. R. Bankr. P. 9019(a). Rule 9019(a) empowers 

the Bankruptcy Court to approve a compromise and settlement if it is (a) fair and equitable, and 

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(b) in the best interest of the estate. In re Cajun Electric Power Cooperative, Inc., 119 F.3d 349, 

355 (5th Cir. 1997); In re Mirant, 348 B.R. 725, 738 (Bankr. N.D.Tex. 2006); Connecticut Gen. 

Life Ins. Co. v. United Co. Fin. Corp. (In re Foster Mortg. Corp.), 68 F. 3d 914, 917 (5th Cir. 

1995). Moreover, Bankruptcy Code Section 105(a) states “[t]he court may issue any order, 

process, or judgment that is necessary or appropriate to carry out the provisions of [the Bankruptcy 

Code].” 11 U.S.C. § 105(a). 

12. The decision to approve a compromise or settlement is within the sound discretion 

of the Bankruptcy Court. See 9 COLLIER ON BANKRUPTCY ¶ 9019.02 (16th ed. rev. 2016). 

“Compromises are favored in bankruptcy” because they minimize litigation costs and expedite the 

administration of the bankruptcy estate. In re Idearc Inc., 423 B.R. 138, 182 (Bankr. N.D. Tex. 

2009) (citing Martin v. Martin, 91 F.3d 389, 393 (3d Cir. 1996)). The Bankruptcy Court, however, 

should not substitute its own judgment for the judgment of a trustee or a debtor. See In re Carla 

Leather, Inc., 44 B.R. 457, 465 (Bankr. S.D.N.Y. 1984), aff’d, 50 B.R. 764 (S.D.N.Y. 1985). “One 

of the goals of Congress in fashioning the Bankruptcy Code was to encourage parties in a distress 

situation to work out a deal among themselves.” In re Mirant Corp., 334 B.R. 800, 811 (Bankr. 

N.D. Tex. 2005). Thus, in assessing a settlement, a court need only “canvass the issues and see 

whether the settlement ‘fall[s] below the lowest point in the range of reasonableness.’” Cosoff v. 

Rodman (In re W.T. Grant Co.), 699 F.2d 599, 608 (2d Cir. 1983) (quoting Newman v. Stein, 464 

F.2d 689, 693 (2d Cir. 1972)). 

13. In this Circuit, a bankruptcy settlement should be approved under Rule 9019 “if the 

settlement is ‘fair and equitable and in the best interests of the estate.’” See In re Cajun Electric,

119 F.3d 349, 355 (5th Cir 1977). In deciding whether a proposed settlement is fair and equitable, 

the Court should analyze the following four factors (the “Cajun Electric Factors”): 

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(a) The probability of success in the litigation;

(b) The complexity and likely duration of the litigation, any attendant expense, 

inconvenience or delay, and possible problems collecting a judgment;

(c) The interests of creditors with proper deference to their reasonable views; and

(d) The extent to which the settlement is truly the product of arm’s length negotiations.

Mirant, 348 B.R. at 739-40 (citing Cajun Electric Power Coop., Inc., 119 F.3d at 355-56) (citations 

omitted)). 

14. As set forth in detail in the Eventide Settlement Motion, the terms of the Settlement 

Agreement satisfy the Cajun Electric Factors, and the Settlement Agreement is in the best interests 

of the Eventide estate.

15. From the perspective of the Debtor’s estate, the Debtor has indemnification rights 

against Eventide and is perhaps Eventide’s only undisputed creditor. The maximization of 

recoveries by the Eventide estate is unquestionably also in the best interests of the Debtor’s estate. 

And the Debtor believes that, under the circumstances and given the uncertainties and costs of 

litigation, and for the reasons explained in the Eventide Settlement Motion, the Settlement 

Agreement is in the best interests of Eventide’s undisputed creditors, including the Debtor. 

16. In addition to the indirect benefits through the Eventide estate, the Settlement 

Agreement provides direct benefits to the Debtor’s estate. The Settlement Agreement enables a 

Noticing Agent for the Debtor to obtain access to information needed to provide notice to the 

Consumer Borrowers in the Debtor’s bankruptcy case. The Settlement Agreement also requires 

certain findings by the Court, including that Eventide’s payment or distribution of any funds 

received from the LVD Tribe (to the Debtor or otherwise), is not unlawful, protecting the Debtor 

from liability in respect of any Eventide distributions of proceeds from the Settlement Agreement 

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MOTION TO APPROVE SETTLEMENT AGREEMENT AND RELEASE PAGE 9

to the Debtor. 

17. The Settlement Agreement also results in the dismissal with prejudice of the LVD 

Tribal Suit against the Debtor, which included a claim for purported fraud. While the Debtor does 

not believe that claim has any merit, the LVD Tribe consistently expressed its intent to pursue the 

claim and its belief that the claim is non-dischargeable. Even if the claim has no merit, the Debtor’s 

estate could incur substantial fees litigating the claim. 

18. The Settlement Agreement requires that the Debtor and the Tribal Parties mutually 

release all claims against each other. The Debtor’s release would include any potential 

contribution claims against the Tribal Parties. Although the Debtor believes that one or more of 

the Tribal Parties should bear a portion of the responsibility if the Debtor is in fact ultimately 

determined to have liability in respect of BPL’s lending activities, the ability to collect on any 

potential contribution claim against BPL or any of the other Tribal Parties would be challenging 

and likely very costly as already demonstrated by the immense difficulties Eventide faced in 

collecting on the Note. Accordingly, on balance, given all the benefits to the Debtor’s estate of 

the Settlement Agreement, both directly and indirectly through Eventide, the Debtor in his business 

judgment submits that the approval of the Settlement Agreement is in the best interests of his estate 

and creditors. 

19. As explained in the Eventide Motion, the probability of success in litigation, the 

complexity and likely duration of the litigation, the interests of creditors, and the extensive arms’ 

length negotiations all support approval of the Settlement Agreement. 

20. Based on the foregoing, the Settlement Agreement meets the applicable standards 

for approval, is fair and equitable, is in the best interest of the creditors and the Debtor’s estate, 

and represents the exercise of sound and prudent business judgment.

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MOTION TO APPROVE SETTLEMENT AGREEMENT AND RELEASE PAGE 10

B. Waiver of Stays Applicable to Settlement Approval Order

21. For all the reasons explained in the Eventide Settlement Motion, the Debtor 

requests that the Court waive, and submits that good cause exists for the Court to waive, any stays 

applicable to the finality of the Settlement Approval Order, including under Fed. R. Bankr. P. 

4001(a)(3) and 6004(h). 

C. Settlement Approval Order

22. Given the exigencies that exist and the need to submit the motions for approval of 

the Settlement Agreement as quickly as possible, this Motion has been filed before the Parties have 

finalized the language of the Settlement Approval Orders. The Debtor plans to file the Settlement 

Approval Order as a supplement to the Motion. The form of the Settlement Approval Order will 

still be filed in plenty of time for the Court and parties-in-interest to review it prior to the Court’s 

consideration of the Motion. 

PRAYER FOR RELIEF

WHEREFORE, based upon the foregoing, the Debtor respectfully requests that the Court 

grant the Motion, enter the Settlement Approval Order, and grant the Debtor such other further 

relief as is necessary and proper.

Dated: October 18, 2024 Respectfully submitted,

/s/ Daniel P. Winikka

Daniel P. Winikka (TX 00794873) 

WINIKKA LAW, PLLC

7522 Campbell Road, Suite 113, #419

Dallas, TX 75248

Telephone: (469) 384-7710

Facsimile: (469) 384-7709

dan@danwinlaw.com

PROPOSED COUNSEL FOR DEBTOR IN 

POSSESSION

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MOTION TO APPROVE SETTLEMENT AGREEMENT AND RELEASE PAGE 11

CERTIFICATE OF SERVICE

I hereby certify that I caused a true and correct copy of the foregoing Motion (with all 

referenced exhibits) to be served via the Bankruptcy Court’s CM/ECF system on those parties 

requesting such electronic notice, and upon the attached service list via United States mail, first 

class postage prepaid, on October 18, 2024.

/s/ Daniel P. Winikka

Daniel P. Winikka

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MOTION TO APPROVE SETTLEMENT AGREEMENT AND RELEASE PAGE 12

Amadou Kilkenny DiawRuyak Cherian 

LLP (NA)

1700 K Street NW

Suite 810

Washington, DC 20006

MARTORELLO SERVICE LIST

Lula Williams et al

c/o Kelly Guzzo PLC

3925 Chain Bridge Road

Suite 202

Fairfax, VA 22030

Andrew Kurt Clark

Hirschler Fleischer PC

2100 E. Cary Street

Richmond, VA 23223

Anna Bruty

Rosette, LLP

44 Grandville Ave., SW

Suite 300

Grand Rapids, MI 49503

Ascension Technologies, LLC

E23970 Pow Wow Trail

Watersmeet, MI 49969

Ascension Technologies, LLC

P.O. Box 704

Watersmeet, MI 49969

Lula Williams et al

c/o Beth Ellen Terrell

Terrell Marshall Law Group PLLC

936 North 34th St. Ste. 300

Seattle, WA 98103-6689

Brian McFadden

3133 Indian Pont Road

Saugatuck, MI 49453

Big Picture Loans, LLC

Attn: Co-Managers

E23970 Pow Wow Trail

P.O. Box 704

Watersmeet, Michigan 49969

Breakwater Holdings, LLC

3805 Greenbrier Drive

Dallas, TX 75225

Craig Thomas Merritt

Christian & Barton LLP

909 E Main St

Suite 1200

Richmond, VA 23219-3095

Richard Lee Smith

c/o Cynthia B. Chapman

Caddell & Chapman

628 East 9th Street

Houston, TX 77007

Craig Carley Marchiando

Consumer Litigation Associates

763 J Clyde Morris Boulevard

Suite 1A

Newport News, VA 23601

Craig Crandall Reilly

Law Office of Craig C. Reilly

111 Oronoco St

Alexandria, VA 22314

BWH Texas, LLC

3805 Greenbrier Drive

Dallas, TX 75225

Lula Williams et al

c/o Casey Shannon Nash

3925 Chain Bridge Road

Suite 202

Fairfax, VA 22030

Cortland Christopher Putbrese

Dunlap Bennett & Ludwig 

(Richmond)

8003 Franklin Farms Drive

Suite 220

Richmond, VA 23229

Chris Kobin

c/o John Scofield

Caddell & Chapman

628 East 9th Street

Houston, TX 77007

Victoria Renee McKoy

c/o John Scofield

Caddell & Chapman

628 East 9th Street

Houston, TX 77007

David N. Anthony

Troutman Sanders LLP

1001 Haxall Point

Richmond, VA 23219

Michael Berthiaume 

Norton Rose Fulbright US LLP 

111 West Houston Street, 

Suite 1800 

San Antonio, TX 78205

Devin Noble

Hinshaw & Culbertson LLP (IL-NA)

100 Park Avenue

PO Box 1389

Rockford, IL 61105

Eleanor Michelle Drake

Berger & Montague PC

43 S.E. Main Street

Suite 505

Minneapolis, MN 55414

William Blum

Solomon Blum Heymann LLP

40 Wall Street

35th Floor

New York, NY 10005

Anna C. Haac

Tycko & Zavareei LLP

1828 L. Street NW

Suite 1000

Washington, DC 20036

Gallant Capital, LLC

3805 Greenbrier Drive

Dallas, TX 75225

Harrison Mann Gates

Christian & Barton LLP

909 E Main St

Suite 1200

Richmond, VA 23219

Hugh McCoy Fain , III

Spotts Fain PC

411 E Franklin St

PO Box 1555

Richmond, VA 23218-1555

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Christine Cumming

c/o Tycko & Zavareei LLP

1828 L. Street NW

Suite 1000

Washington, DC 20036

Elizabeth A. Ryan

Bailey & Glasser LLP

Suite 304

99 High Street

Boston, MA 02110

Lula Williams et al

Terrell Marshall Law Group PLLC

936 North 34th St. Ste 300

Seattle, WA 98103-6689

Ian D. Roffman

Nutter, McClennen & Fish, LLP

Seaport West

155 Seaport Boulevard

Boston, MA 02210-2604

Internal Revenue Service

Centralized Insolvency Office

P. O. Box 7346

Philadelphia, PA 19101-7346

Dana Duggan

c/o John B. Scofield , Jr.

Caddell & Chapman

628 East 9th Street

Houston, TX 77007

John Michael Erbach

Spotts Fain PC

411 E Franklin St

Suite 600

Richmond, VA 23219

Woods Rogers PLC (Richmond)

c/o Ben Rottenborn

Riverfront Plaza, West Tower

901 East Byrd Street

Suite 1550

Richmond, VA 23219

Rosette, LLP

44 Grandville Ave., SW

Suite 300

Grand Rapids, MI 49503

Mshkawzi Law, LLP

44 Cesar Chavez Ave SW

Suite 250

Grand Rapids, MI 49503

Cliff Investments

c/o Creo Global Capital LLC

2803 S. State St. Ste A

Ann Arbor, MI 48104

Elizabeth Childress Burneson

Hirschler Fleischer PC

2100 E. Cary Street

Richmond, VA 23223

Galloway Settlement

c/o American Legal Claims LLC

PO Box 23650

Jacksonville, FL 32241-3650

Galloway Settlement

c/o American Legal Claims LLC

8011 Philips Highway Ste 5, 

Jacksonville, FL 32256

James Dowd

2014 Calle Las Violetas

San Juan, PR 00915-3537

Jennifer Rust Murray

Terrell Marshall Law Group

936 North 34th St

Suite 300

Seattle, WA 98103-6689

David French & Assoc

609 Castle Ridge

Ste 445

Austin, TX 78746

Amlaur Resources, LLC

25 Bayberry Rd

Lawrence, NY 11599

Crescendo Asset Management

501 Madison Ave

New York, NY 10022

Tanya Gibbs

Mshkawzi Law, LLP

44 Cesar Chavez Ave SW

Suite 250

Grand Rapids, MI 49503

Justin Martorello

2019 Westbourne Park Dr.

Houston, TX 77077

Lac Vieux Desert Band of

Lake Superior Chippewa Indians

N4698 US 45

P.O. Box 249

Watersmeet, Michigan 49969

Lac Vieux Desert Band of

Lake Superior Chippewa Indians

N4698 US 45

P.O. Box 704

Watersmeet, Michigan 49969

Elizabeth Clay Solander

Hughes Hubbard & Reed LLP (DC)

1775 I Street NW

Suite 600

Washington, DC 20006

Bank OZK

Attention: Bankruptcy Department

17901 Chenal Parkway

Little Rock, AR 72223

Lenord Bennett

Consumer Litigation Associates 

(Richmond)

626 E Broad Street

Suite 300

Richmond, VA 23219

John Gerard Albanese

Berger & Montague PC

43 S.E. Main Street

Suite 505

Minneapolis, MN 55414

Dana Duggan

c/o John J. Roddy

Bailey & Glasser LLP

99 High Street Ste. 304

Boston, MA 02110

Nicole St. Germain

Rosette LLP

1415 L Street

Sacramento, CA 95814

Office of General Counsel

801 Cherry Street

Suite 2500, Unit 45

Fort Worth, TX 76102

Office of United States Trustee

Earle Cabell Federal Building

1100 Commerce St, Room 976

Dallas, TX 75242

Rebecca Martorello

3805 Greenbrier Drive

Dallas, TX 75225

Rebecca Ruby Anzidei

Ruyak Cherian LLP

1700 K St. NW

Suite 810

Washington, DC 20006

Steve A. Peirce 

Norton Rose Fulbright US LLP 

111 West Houston Street, Ste 1800 

San Antonio, TX 78205

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Eugene, LLC

c/o Peter Savarino

2803 S. State St. Ste A

Ann Arbor, MI 48104

Three Stans, LLC

c/o Peter Savarino

2803 S. State St. Ste A

Ann Arbor, MI 48104

Justin Gray

Mshkawzi Law, LLP

44 Cesar Chavez Ave SW

Suite 250

Grand Rapids, MI 49503

Tim Arenberg

222 Middaugh Rd

Clarendon Hills, IL 60514

Terrence J. Arenberg

1120 W. Pershing Rd

Chicago, IL 60609

Columbia Pipe and Supply Co.

c/o Mike Moore

1120 W. Pershing Rd

Chicago, IL 60609

Dan Arenberg

DTA and DMA Trusts

1018 Salim Pl

Lemont, IL 60439

Thomas Lester

Hinshaw & Culbertson LLP (IL-NA)

100 Park Avenue

PO Box 1389

Rockford, IL 61105

Timothy J. St. George

Troutman Sanders LLP

1001 Haxall Point

Richmond, VA 23219

Vernie Charles Durocher , Jr.

Dorsey & Whitney LLP (MN-NA)

50 S Sixth St

Suite 1500

Minneapolis, MN 55402

Matthew Hall

c/o Edelman Combs Latturner 

& Goodwin LLC

20 S Clark St. Ste 1500

Chicago, IL 60603

Giordani & Assoc

2301 S. Capital of Texas Hwy

Building K

Austin, TX 78746

Kristi Cahoon Kelly

Kelly Guzzo PLC

3925 Chain Bridge Road

Suite 202

Fairfax, VA 22030

Leonard Anthony Bennett

Consumer Litigation Associates

763 J Clyde Morris Boulevard

Suite 1A

Newport News, VA 23601

Liont, LLC

3805 Greenbrier Drive

Dallas, TX 75225

Renee Galloway

Kelly Guzzo PLC

3925 Chain Bridge Road

Suite 202

Fairfax, VA 22030

Martin Cunniff

RuyakCherian LLP (NA)

1700 K Street NW

Suite 810

Washington, DC 20006

Michael A. Caddell

Caddell & Chapman

628 East 9th Street

Houston, TX 77007

Michael J. Leard

Nutter, McClennen & Fish, LLP

Seaport West

155 Seaport Boulevard

Boston, MA 02210-2604

Eventide Credit Acquisitions, LLC

3805 Greenbrier Dr

Dallas, TX 75225

Michael Stinson

Dorsey & Whitney LLP (MN-NA)

50 S Sixth St

Suite 1500

Minneapolis, MN 55402

Freeman Law, PLLC

1412 Main Street

Suite 500

Dallas, TX 75202

Van Ness Feldman, LLP

1050 Thomas Jefferson St. NW

Seventh Floor 

Washington, DC 20007

David French & Assoc

609 Castle Ridge Rd, Ste 445

Austin, TX 78746

Robert Allen Rosette

Rosette, LLP

565 W. Chandler Blvd

Suite 212

Chandler, AZ 85225

Simon Liang

119 Gascony Dr.

Greenville, SC 29609-6048

Steve D. Larson

Stoll Stoll Berne Lokting & Shlachter 

P.C.

209 SW Oak Street

Suite 500

Portland, OR 97204

Steven C. Berman

Stoll Stoll Berne Lokting & 

Schlachter

209 S.W. Oak Street, 5th Floor

Portland, OR 97204

Texas Comptroller of Public 

Accounts

Revenue Accounting Division -

Bankruptcy Section

P.O. Box 13528 Capitol Station

Austin, TX 78711

Beth Gernenz

c/o Edelman Combs Latturner 

& Goodwin LLC

20 S Clark St Ste 1500

Chicago, IL 60603

Loeb & Loeb LLP

c/o Barney Given

10100 Santa Monica Blvd.

Suite 2200

Los Angeles, CA 90067

Holland & Knight, LLP

601 SW Second Avenue

Suite 1800

Portland, OR 97204

Brophy & Devaney, PLLC

The Overlook at Barton Creek

317 Grace Lane, Suite 210

Austin, Texas 78746

Citibank

Attn: Bankruptcy Dept

PO Box 790034

St. Louis, MO 63179-0034

Upgrade

Attn: Bankruptcy Dept

2N. Central Ave 10th Floor

Phoenix, AZ 85004

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Bank of America

PO Box 45224

Jacksonville FL 32232-5224

The Summit Investment Group

3207 Plantation Village

Dorado, PR 00646

Mike Basile

3207 Plantation Village

Dorado, PR 00646

Comenity Capital Bank

Attn: Bankruptcy Dept

PO Box 183043

Columbus, OH 43218-3043

Target Card Services

Attn: Bankruptcy Dept

PO Box 673

Minneapolis, MN 55440

Lulu Williams

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Lulu Williams

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Renee Galloway

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Renee Galloway

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Dianne Turner

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Dianne Turner

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Kevin Minor

c/o John Scofield

628 E. 9th St

Houston, TX 77007

H Lopez Law

Metro Office Park

Lot 11, Suite 105a

Guaynabo,Puerto Rico 00968

Gloria Turnage

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Gloria Turnage

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

George Hengle

c/o John Scofield

628 E. 9th St

Houston, TX 77007

George Hengle

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Dominique de la Bay

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Dominique de la Bay

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Lori Fitzgerald

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Lori Fitzgerald

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Rose Marie Buchert

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Regina Nolte

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Discover Card

Attn: Bankruptcy Dept

PO Box 3025

New Albany, OH 43054-3025

First National Bank of Omaha

Attn: Bankruptcy Dept

PO Box 3412

Omaha, NE 68103-0412

American Express

Attn: Bankruptcy Dept

PO Box 981535

El Paso, TX 79998-1535

Dowin Coffy

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Dowin Coffy

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Marcella P. Singh

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Marcella P. Singh

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Andrea Scarborough

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Andrea Scarborough

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Earl Browne

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Earl Browne

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

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MOTION TO APPROVE SETTLEMENT AGREEMENT AND RELEASE PAGE 16

Kevin Minor

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Teresa Titus

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Teresa Titus

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Jerry Avent

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Jerry Avent

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Lucinda Gray

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Lucinda Gray

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Anthony Green

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Anthony Green

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Faith Thomas

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Faith Thomas

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Regina Nolte

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Burry Pough

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Burry Pough

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Lisa Martinez

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Lisa Martinez

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Linda Madison

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Linda Madison

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Dennis Geter

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Latanya Tarleton

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Latanya Tarleton

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

JP Morgan Chase Bank NA

Attn: Bankruptcy Dept

PO Box 15298

Wilmington, DE 19850

Rose Marie Buchert

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Sonji Grandy

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Sonji Grandy

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Anastasia Sherman

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Anastasia Sherman

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Dennis Geter

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Keisha Hamm

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Keisha Hamm

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Bank of America

Attn: Bankruptcy Dept

PO Box 982234

El Paso, TX 79998-2234

Anthony Tassone

215 Fulton Ave

St. Charles, IL 60174

Greenberg Traurig, LLP

c/o Jennifer Weddle

1200 17th St

Suite 2400

Denver, CO 80202

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MOTION TO APPROVE SETTLEMENT AGREEMENT AND RELEASE PAGE 17

Sharon Paavo

c/o John Scofield

628 E. 9th St

Houston, TX 77007

Sharon Paavo

c/o Kelly Guzzo, PLC

3925 Chain Bridge Rd

Suite 202

Fairfax, VA 22030

Martorello 2023 Children’s Trust

3805 Greenbrier Dr.

Dallas, TX 75225

BVNT Children’s Trust 1

215 Fulton Ave

St. Charles, IL 60174

BVNT Children’s Trust 2

215 Fulton Ave

St. Charles, IL 60174

BVNT Childrens, LLC

215 Fulton Ave

St. Charles, IL 60174

GFGP Entity 1, LP

3805 Greenbrier Dr.

Dallas, TX 75225

Kairos Holdings, LLC

3805 Greenbrier Dr.

Dallas, TX 75225

GFLP Entity 1, LP

3805 Greenbrier Dr.

Dallas, TX 75225

Kohl’s Credit Card

Attn: Bankruptcy Dept

PO Box 3115

Milwaukee, WI 53201-3115

Sands Anderson PC

c/o Cullen Seltzer

PO Box 1998

Richmond, VA 23218-1998

Capstone 

c/o Giordani & Assoc

2301 S. Capital of Texas Hwy

Building K

Austin, TX 78746

Tribal Economic Development, LLC

E23970 Pow Wow Trail

PO Box 692

Watersmeet, MI 49969

Vroom Trust

c/o Giordani & Assoc

2301 S. Capital of Texas Hwy

Building K

Austin, TX 78746

Obsidian LLC

c/o Giordani & Assoc

2301 S. Capital of Texas Hwy

Building K

Austin, TX 78746

Office of Attorney General of the United 

States

Main Justice Bdlg, Room 5111

10th & Constitutional Ave, N.W.

Washington, D.C. 20530

Internal Revenue Service

1100 Commerce St.

MC 5027DAL

Dallas, Texas 75242

Nutter McClennen & Fish, LLP

c/o Ian Roffman

155 Seaport Blvd

Boston, MA 02210

Tribal Acquisition Company, LLC

E23970 Pow Wow Trail

PO Box 692

Watersmeet, MI 49969

RLM 2018 Family Trust

3805 Greenbrier Dr.

Dallas, TX 75225

Martorello 2018 Children’s Trust

3805 Greenbrier Dr.

Dallas, TX 75225

Martorello Investments, LP

3805 Greenbrier Dr.

Dallas, TX 75225

RLM Management Trust

3805 Greenbrier Dr.

Dallas, TX 75225

Braviant Holdings, LLC

306 W Erie St

Suite 300

Office 1

Chicago, IL 60654

SunUp Financial, LLC

306 W Erie St

Suite 300 Office 1

Chicago, IL 60654

Amanda P. Swartz

Trial Attorney, Tax Division

U.S. Department of Justice

717 N. Harwood, Suite 400

Dallas, Texas 75201

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