MOTION TO DISCONTINUE UTILITY SERVICE AT VERTICAL BRIDGE REIT LLC 

INACTIVE AND/OR REJECTED LOCATIONS — Page 1 

motion stop tower electrical.docx[1] 4855‐9063‐0587, 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-swe 

(Chapter 11, SubV) 

 DEBTOR. § 

§ 

MOTION TO DISCONTINUE UTILITY SERVICE AT VERTICAL 

BRIDGE REIT LLC INACTIVE AND/OR REJECTED LOCATIONS 

NO HEARING WILL BE CONDUCTED HEREON UNLESS A WRITTEN RESPONSE 

IS FILED WITH THE CLERK OF THE UNITED STATES BANKRUPTCY COURT AT 

EARLE CABELL FEDERAL BUILDING, 1100 COMMERCE ST., RM. 1254, DALLAS, 

TX 75242-1496. BEFORE CLOSE OF BUSINESS ON MAY 22, 2024, WHICH IS AT 

LEAST 21 DAYS FROM THE DATE OF SERVICE HEREOF. 

ANY RESPONSE SHALL BE IN WRITING AND FILED WITH THE CLERK, AND A 

COPY SHALL BE SERVED UPON COUNSEL FOR THE MOVING PARTY PRIOR TO 

THE DATE AND TIME SET FORTH HEREIN. IF A RESPONSE IS FILED A 

HEARING MAY BE HELD WITH NOTICE ONLY TO THE OBJECTING PARTY. 

IF NO HEARING ON SUCH NOTICE OR MOTION IS TIMELY REQUESTED, THE 

RELIEF REQUESTED SHALL BE DEEMED TO BE UNOPPOSED, AND THE COURT 

MAY ENTER AN ORDER GRANTING THE RELIEF SOUGHT OR THE NOTICED 

ACTION MAY BE TAKEN. 

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

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

“HPRN”), files this Motion to Discontinue Utility Service at Vertical Bridge REIT LLC Inactive 

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MOTION TO DISCONTINUE UTILITY SERVICE AT VERTICAL BRIDGE REIT LLC 

INACTIVE AND/OR REJECTED LOCATIONS — Page 2 

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and/or Rejected (the “Motion to Discontinue” or the “Motion”) and in support thereof would 

show to the Court the following. 

1. Debtor files this motion in conjunction with the motion to reject leases (Docket 

No. 67) filed on April 30, 2024. 

2. A list of the leases with Vertical Bridge REIT LLC (“Vertical Bridge” or “VB”) 

and/or the properties of the Debtor involving a lease with Vertical Bridge is attached hereto as 

Exhibit H013. The Debtor reserves the right to amend and/or supplement this exhibit to more 

fully explain the status of the leases. 

3. The Debtor has identified the leases that were not in use as of the Petition Date, 

some or all of which had terminated pre-petition, and/or some of which had not terminated but 

which the Debtor has ceased the use of well prior to the Petition Date, all with ample, 

contemporaneous, prior knowledge to Vertical Bridge (collectively, the “Inactive Leases”). 

4. The Debtor has a small subset of leases with Vertical Bridge which are still in use 

by the Debtor (collectively, the “Active Leases”). 

5. The safety lights on each of the towers belong to and are the responsibility of 

Vertical Bridge. 

6. The Debtor has continued to supply electricity to all the Vertical Bridge tower 

locations even after pre-petition lease terminations in order to maintain the operations of the 

tower safety lights. 

7. Debtor spends approximately $3,000 per month for the tower lights electricity, 

which amount would constitute adequate protection of the interest of Vertical Bridge aside from 

the unreasonable demands for post-petition market rent, and which amount can and should be 

used for other purposes at this point. 

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MOTION TO DISCONTINUE UTILITY SERVICE AT VERTICAL BRIDGE REIT LLC 

INACTIVE AND/OR REJECTED LOCATIONS — Page 3 

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8. Taking into consideration the safety concerns involved, the Debtor seeks leave to 

discontinue the electricity service immediately as to the Inactive Locations and then upon any 

rejection of a lease on the Active Locations. 

9. Debtor reserves the right to amend, supplement, and/or withdraw this Motion. 

10. A proposed form of order accompanies this Motion and is incorporated by 

reference herein. 

WHEREFORE, High Plains Radio Network, LLC, Debtor and Debtor in Possession, 

respectfully requests that the Court permit the Debtor to discontinue utility service immediately 

as to all of the VB Inactive locations and as to any of the VB Active locations when or if those 

leases are rejected. Debtor requests such other and further relief to which Debtor is entitled at 

law or in equity. 

Dated: May 1, 2024 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 

 

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MOTION TO DISCONTINUE UTILITY SERVICE AT VERTICAL BRIDGE REIT LLC 

INACTIVE AND/OR REJECTED LOCATIONS — Page 4 

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CERTIFICATE OF SERVICE 

The parties exchanged views in a call on April 29, 2024. Debtor presumes Vertical Bridge 

opposes this motion. 

 /s/Jeff Carruth 

 Jeff Carruth 

CERTIFICATE OF SERVICE 

The undersigned hereby certifies that a true and correct copy of the foregoing was served on May 

1, 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 service list. 

 /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@bluestylus.com;jc

arruth@ecf.courtdrive.com  

Paul H. Cross on behalf of Creditor Hanmi Bank  phclease@msn.com  

Shanna M. Kaminski on behalf of Interested Party Union Funding Source, Inc.  skaminski@kaminskilawpllc.com  

Sherrel K. Knighton on behalf of Creditor Malakoff ISD  Sherrel.Knighton@lgbs.com, Dora.Casiano‐

Perez@lgbs.com;Sean.French@lgbs.com;Eva.Parker@lgbs.com;Alexis.Hall@lgbs.com;Dallas.Bankruptcy@lgbs.com  

Matthew F. Kye on behalf of Creditor Amur Equipment Finance, Inc.  mkye@kyelaw.com, dsullivan@kyelaw.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  

Dawn Whalen Theiss on behalf of Creditor Small Business Administration  dawn.theiss@usdoj.gov,

brooke.lewis@usdoj.gov;CaseView.ECF@usdoj.gov  

United States Trustee  ustpregion06.da.ecf@usdoj.gov  

David Weitman on behalf of Creditor Vertical Bridge REIT, LLC  david.weitman@klgates.com  

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SERVICE LIST 

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Page 1 

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PROPOSED ORDER 

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ORDER GRANTING MOTION TO DISCONTINUE UTILITY SERVICE AT VERTICAL BRIDGE REIT LLC 

INACTIVE AND/OR REJECTED LOCATIONS (RE: DOCKET NO. 68) — Page 1 motion stop tower electrical.docx [4]/4855‐9063‐0587, v. 1

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF TEXAS 

WICHITA FALLS DIVISION 

IN RE: § 

 § 

HIGH PLAINS RADIO NETWORK, LLC, § 

§ 

CASE NO. 24-70089-swe 

(Chapter 11, SubV) 

 DEBTOR. § 

§ 

ORDER GRANTING MOTION TO DISCONTINUE UTILITY SERVICE 

AT VERTICAL BRIDGE REIT LLC INACTIVE AND/OR REJECTED 

LOCATIONS (RE: DOCKET NO. 68) 

On this day came on for consideration the Motion to Discontinue Utility Service at 

Vertical Bridge REIT LLC Inactive and/or Rejected Locations (Docket No. 68) (the “Motion”) 

filed herein on May 1, 2024 by High Plains Radio Network, LLC. The Court finds and 

concludes that the Motion contained the appropriate notices under the Bankruptcy Local Rules; 

according to the certificate of service attached to the Motion, the Motion was served upon the 

parties entitled to receive notice under the Bankruptcy Local Rules; no party in interest filed a 

response or objection to the Motion or any such response or objection is overruled by this Order; 

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ORDER GRANTING MOTION TO DISCONTINUE UTILITY SERVICE AT VERTICAL BRIDGE REIT LLC 

INACTIVE AND/OR REJECTED LOCATIONS (RE: DOCKET NO. 68) — Page 2 motion stop tower electrical.docx [4]/4855‐9063‐0587, v. 1

and that upon review of the record of this case and with respect to the Motion that cause exists to 

grant the relief requested therein. 

The Court finds and concludes that all leases on the “VB Inactive” locations in Debtor 

Exhibit H013 terminated pre-petition. 

IT IS THEREFORE ORDERED THAT: 

1. The Motion is granted as set forth herein. 

2. All capitalized terms shall have the same meaning as ascribed to such terms in the 

Motion, unless otherwise defined herein. 

3. The Debtor immediately may discontinue and terminate utility services that are in 

the name of or otherwise provided by Debtor to VB Inactive locations shown on 

Debtor Exhibit H013. 

4. The Debtor immediately may discontinue utility services that are in the name of 

the Debtor or otherwise supplied by the Debtor as to the VB Active locations 

shown on Debtor Exhibit H013 if and when any or each of those leases is or are 

rejected. 

###END OF ORDER### 

Submitted by: 

Jeff Carruth (TX SBN: 24001846) 

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

2608 Hibernia, Suite 105 

Dallas, Texas 75204-2514

Telephone: (713) 341-1158 

Fax: (713) 961-5341 

E-mail: jcarruth@wkpz.com

PROPOSED ATTORNEYS FOR 

DEBTORS AND DEBTORS IN POSSESSION 

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