Exhibit 1

1

Toby L. Gerber (SBT 07813700)

Michael Berthiaume (SBT 24066039) 

NORTON ROSE FULBRIGHT US LLP

2200 Ross Ave., Suite 3600

Dallas, TX 75201

Telephone: (214) 855-8274

Facsimile: (214) 855-8200

Email: toby.gerber@nortonrosefulbright.com

michael.berthiaume@nortonrosefulbright.com

Jason L. Boland (SBT 24040542) 

NORTON ROSE FULBRIGHT US LLP

1550 Lamar Street, Suite 2000

Houston, Texas 77010 

Telephone: (713) 651-5151

Facsimile: (713) 651-5246

Email: 

jason.boland@nortonrosefulbright.com

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

IN RE:

TOMMY’S FORT WORTH, LLC, et al.,

1

DEBTORS.

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CHAPTER 11

CASE NO. 24-90000

(JOINTLY ADMINISTERED)

DECLARATION OF TOBY L. GERBER IN SUPPORT OF OBJECTION OF M&T 

BANK TO DEBTORS’ APPLICATION TO EMPLOY FORCE TEN PARTNERS, LLC 

[DKT. 142]

The undersigned Toby L. Gerber declare as follows:

1. I am lead counsel for M&T Bank in the above captioned bankruptcy proceedings.

2. Based upon information provided by Debtors’ proposed counsel, I contacted Susan 

Haque, general counsel of Artemis Capital LLC and made inquiry regarding funding of retainers 

for the Debtors’ proposed professionals.

3. On June 14, 2024, Ms. Haque transmitted to me a Declaration which she 

represented as being signed by Casey Young as Manager of Artemis Capital attesting to certain 

information. A true and correct copy of the Declaration is attached hereto.

1 The Debtors in these Chapter 11 Cases, along with the last four digits of each Debtor’s federal tax identification

number, are: Tommy’s Fort Worth, LLC (3473); Tommy’s Holding Company, LLC (2662); Tommy’s Grand Rapids,

LLC (9224); Tommy’s Castaic, LLC (7501); Tommy’s Lewisville, LLC (4750); High Country Watersports, LLC

(6160); Walloon Lake Village Marina, LLC (0277); MKB Florida Holdings, LLC (5698); Tommy’s Detroit, LLC

(5242); Tommy’s California Fresno, LLC (8597); Tommy’s Phoenix, LLC (3036); Tommy’s Las Vegas, LLC (7721);

Tommy’s Chattanooga, LLC (0839); Tommy’s California Ventura, LLC (5149); Tommy’s Rancho Cordova, LLC

(1070); Tommy’s Stockton, LLC (1338); and Tommy’s Knoxville, LLC (8052).

Case 24-90000-elm11 Doc 212-1 Filed 07/01/24 Entered 07/01/24 16:31:15 Desc

Exhibit 1 - Declaration Page 1 of 4
Exhibit 1

2

4. Following receipt of the Declaration, I asked Ms. Haque to confirm that Artemis 

Capital would not disclose the identity of the Borrower referenced in the Declaration. On June 17, 

2024, Ms. Haque indicated she would have to discuss the matter with her client and would reach 

out to me afterwards. I have not received any further communications with Ms. Haque or Artemis 

Capital since then.

I declare under penalty of perjury that the foregoing is true and correct. 

Executed on July 1, 2024.

/s/ Toby L. Gerber

Toby L. Gerber

NORTON ROSE FULBRIGHT US LLP

2200 Ross Avenue, Suite 3600

Dallas, TX 75201

Toby.Gerber@NortonRoseFulbright.com

Telephone: (214) 855-8000

Facsimile: (214) 855-8200

Case 24-90000-elm11 Doc 212-1 Filed 07/01/24 Entered 07/01/24 16:31:15 Desc

Exhibit 1 - Declaration Page 2 of 4
IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION

_______________________________________________

)

In re: TOMMY’S FORT WORTH, LLC, et al.,

1

) Chapter 11

Debtors. ) Case No. 24-90000

) (Jointly Administered)

)

DECLARATION REGARDING SOURCE OF FUNDING

Casey R. Young, the Manager of Artemis Capital, LLC, (“Artemis Capital”) a Michigan limited 

liability company, makes this Declaration pursuant to 28 U.S.C. § 1746 and states:

1. I file this Declaration due to recent inquiries by Mr. Toby L. Gerber concerning the 

source of funding of fee retainers for Debtors in this matter. 

2. On May 20, 2024, Artemis Capital wired $250,000 to Gutnicki, LLP for a fee retainer 

and $300,000 to Force 10 Partners for a fee retainer. Those funds were the proceeds of a 

business loan provided by Artemis Capital. Borrower requested the loan proceeds be directed to 

Gutnicki, LLP and Force 10 Partners.

3. The business loan is an arms-length transaction with a Borrower that is not a Debtor 

named in this matter. 

4. Artemis Capital and its investors are NOT an “affiliate” (as defined in Section 101(2) of 

the Bankruptcy Code) of any of the Debtors named in this matter.

5. Artemis Capital and its investors are NOT an “insider” (as defined in Section 101(31) of 

the Bankruptcy Code) of any of the Debtors named in this matter.

 

1 The Debtors in these Chapter 11 Cases, along with the last four digits of each Debtor’s federal tax identification 

number, are: Tommy’s Fort Worth, LLC (3473); Tommy’s Holding Company, LLC (2662); Tommy’s Grand 

Rapids, LLC (9224); Tommy’s Castaic, LLC (7501); Tommy’s Lewisville, LLC (4750); High Country Watersports, 

LLC (6160); Walloon Lake Village Marina, LLC (0277); MKB Florida Holdings, LLC (5698); Tommy’s Detroit, 

LLC (5242); Tommy’s California Fresno, LLC (8597); Tommy’s Phoenix, LLC (3036); Tommy’s Las Vegas, LLC 

(7721); Tommy’s Chattanooga, LLC (0839); Tommy’s California Ventura, LLC (5149); Tommy’s Rancho 

Cordova, LLC (1070); Tommy’s Stockton, LLC (1338); and Tommy’s Knoxville, LLC (8052).

DocuSign Envelope ID: 3F375CDB-8A31-4CA9-B450-FCD42787DEBF Case 24-90000-elm11 Doc 212-1 Filed 07/01/24 Entered 07/01/24 16:31:15 Desc

Exhibit 1 - Declaration Page 3 of 4
I declare under penalty of perjury under the laws of the United States that, to the best of 

my knowledge and after reasonable inquiry, the forgoing is true and correct. 

Dated June 13, 2024

______________________________________

Casey R. Young, as Manager for Artemis Capital, LLC

DocuSign Envelope ID: 3F375CDB-8A31-4CA9-B450-FCD42787DEBF Case 24-90000-elm11 Doc 212-1 Filed 07/01/24 Entered 07/01/24 16:31:15 Desc

Exhibit 1 - Declaration Page 4 of 4