Daniel P. Winikka (State Bar No. 00794873

WINIKKA LAW PLLC

6060 N. Central Expressway, Suite 500

Dallas, TX 75206

Phone: 469-384-7710

Facsimile: 469-384-7709

dan@danwinlaw.com

COUNSEL FOR DEBTOR IN POSSESSION

Craig F. Simon (State Bar No. 00784968)

MEADOWS COLLIER REED COUSINS 

CROUCH & UNGERMAN LLP

901 Main Street, Suite 3700

Dallas, TX 75202

Phone: 214-744-3700

Facsimile: 214-292-2356

csimon@meadowscollier.com 

PROPOSED CO-COUNSEL FOR DEBTOR 

IN POSSESSION

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

In re 

MATTHEW BRANDON MARTORELLO, 

Debtor.

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Chapter 11

Case No. 24-90016-mxm-11

APPLICATION FOR ORDER AUTHORIZING EMPLOYMENT OF MEADOWS 

COLLIER AS CO-COUNSEL FOR THE DEBTOR NUNC PRO TUNC 

AS OF OCTOBER 14, 2024

If you object to the relief requested, you must respond in writing. Unless otherwise directed 

by the Court, you must file your response electronically at https://ecf/txnb/uscourts.gov/ 

no more than twenty-four (24) days after the date this motion was filed. If you do not have 

electronic filing privileges, you must file a written objection that is actually received by the 

clerk and filed on the docket no more than twenty-four (24) days after the date this motion 

was filed. Otherwise, the Court may treat the pleading as unopposed and grant the relief 

requested. 

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

Matthew B. Martorello, the above-captioned debtor in possession (the “Debtor”), hereby 

submits this application (the “Application”) for entry of an order authorizing the employment and 

retention of Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P. (“Meadows Collier”) 

as co-counsel for the Debtor nunc pro tunc as of October 14, 2024. In support of this Application, 

the Debtor relies upon the Declaration of Craig F. Simon in Support of the Application for Order 

Authorizing Employment of Meadows Collier as Counsel for the Debtor (the “Simon Declaration”) 

and respectfully states as follows:

JURISDICTION AND VENUE

1. This 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 this Court 

pursuant to 28 U.S.C. §§ 1408 and 1409. The bases for the relief sought herein are 11 U.S.C. §§ 

327(a), 328(a), and 329, Fed. R. Bankr. P. 2014(a) and 2016(b), and Bankruptcy Local Rules 2014-

1 and 2016-1.

PROCEDURAL HISTORY

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

for relief under Chapter 11 of the Bankruptcy Code.

3. 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.

4. The Debtor is an “affiliate” of Eventide Credit Acquisitions, LLC (“Eventide”), a

debtor in possession in this Court (Case No. 23-90007-mxm-11), because he indirectly owns or 

controls more than 20% of its voting member interests.

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BACKGROUND FACTS RELATING TO THE DEBTOR

5. On the Petition Date, the Debtor filed his Debtor’s Statement Regarding 

Commencement of Chapter 11 Case (the “Debtor’s Statement”) (Dkt. 6). As explained in greater 

detail in the Debtor’s Statement, the Debtor, along with Eventide, is a defendant in lawsuits filed 

in multiple states on behalf of consumers who obtained loans from a federally recognized Indian 

tribe, the Lac Vieux Desert Band of Lake Superior Chippewa Indians (“LVD” or the “Tribe”).

6. For the same reasons articulated in Eventide’s statement of position (Docket 15 in 

Eventide case) as well as the fact that the Debtor consulted with highly reputable counsel 

specializing in Indian law that structured the arrangement and opined on its legality, the Debtor 

disputes that any of these plaintiffs have valid claims. If the claims are valid, however, then there 

are unrepresented consumer borrowers in the remaining forty-seven (47) states with similar 

potential claims against the Debtor. 

7. In the first class-action lawsuit filed, the federal district court in Virginia issued 

certain rulings on summary judgment, including that Virginia law applied to the loans and it was 

irrelevant whether the Debtor had a good faith belief that the loans were legal.1

 The Debtor 

believes those rulings were erroneous, and to avoid a wasteful trial and obtain appellate review as 

quickly as possible, he agreed to a $43 million judgment in that case and appealed the judgment 

to the Fourth Circuit Court of Appeals in September 2023. The Debtor’s source of income to 

defend himself, however, was cut off in September 2023 when the Tribe stopped making payments 

it owed to Eventide, an entity formed for purposes of receiving the payments the Tribe obligated 

itself to pay in connection with its purchase of a data and consulting business that the Debtor, in 

part, had owned. 

1

 Eventide is not a defendant in that first-filed action, but is a defendant in subsequently filed lawsuits.

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8. By early 2024, it became evident that the Debtor could not continue to defend 

himself in multiple jurisdictions and hold everything at bay until the Fourth Circuit ruled on the 

appeal. Accordingly, even though the Debtor strongly believed that he would prevail in his appeal, 

he began discussions with class counsel regarding a possible settlement that would (a) include not 

just the borrowers in Virginia, which constituted only about 3% of LVD’s borrowers nationwide, 

but all the Tribe’s borrowers nationwide through May 1, 2024; and (b) help him avoid a personal 

bankruptcy filing.

9. To that end, after months of negotiations and prior to the Petition Date, the Debtor 

agreed to a contingent, global class settlement (the “Global Settlement”) relating to his potential 

liability to consumers nationwide that obtained loans from the Tribe. The Global Settlement, if it 

could have been consummated, would have resolved (i) the Debtor’s potential liability to a 

nationwide class of consumer borrowers and (ii) the existing $43 million judgment against him 

currently on appeal in the Fourth Circuit, which would be vacated. The Global Settlement would 

also have resolved Eventide’s potentially liability to the same nationwide class of borrowers. The 

Global Settlement was conditioned upon the ability to sell up to 50% of certain shares in a private 

company at the plaintiffs’ required price and by their required timeline. 

10. Although as of the Petition Date the Debtor was still hopeful that the Global 

Settlement could be consummated, the commencement of this case nonetheless became necessary 

for three primary reasons: (i) unresolved issues with the Internal Revenue Service (“IRS”) over 

$8.5 million in erroneous or unjustified tax penalties; (ii) the filing of a frivolous lawsuit against 

the Debtor and Eventide’s attorneys in tribal court (the “Tribal Court Lawsuit”); and (iii) to ensure 

the Debtor’s fresh start, through possible findings or other actions, including addressing any 

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potential liability that the Debtor could have for the Tribe’s continued lending after the May 1, 

2024 end date of the settlement class. 

11. Since the Petition Date, the Debtor has resolved the Tribal Court Lawsuit against 

him, which has been dismissed. It has recently become clear, however, that the Global Settlement 

cannot be consummated. Accordingly, the Debtor’s principal objectives in this bankruptcy case 

are (i) to expeditiously resolve the erroneous IRS penalties; (ii) to resolve all alleged RICO, usury 

and other claims against him in respect of the Tribe’s loans to consumer borrowers, in a single, 

centralized forum alongside Eventide and (iii) if necessary to obtain his fresh start, to obtain 

necessary findings and protections from the Tribe’s ongoing lending conduct. 

RETENTION OF MEADOWS COLLIER

12. By this Application, the Debtor seeks Court approval, pursuant to section 327(a) of 

the Bankruptcy Code and Rule 2014(a) of the Bankruptcy Rules, to employ and retain Meadows 

Collier as its co- counsel nunc pro tunc as of October 14, 2024. The Debtor respectfully requests 

that the Court enter the proposed order, substantially in the form attached hereto as Exhibit A (the 

“Proposed Order”), approving the retention of Meadows Collier nunc pro tunc as of October 14, 

2024 to perform bankruptcy-related and other legal services that will be necessary during this 

chapter 11 case.

13. The Debtor contemplates that Meadows Collier will render general legal services 

to the Debtor as needed throughout the course of this chapter 11 case, including litigation and 

bankruptcy assistance and advice. Certain of the legal services that Meadows Collier will render 

to the Debtor may include the following:

(a) Representing the Debtor in connection with contested matters and 

adversary proceedings in his chapter 11 case, including, but not limited 

to, litigation relating to claim objections and automatic stay issues;

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(b) Advising the Debtor concerning, and assisting in the negotiation and 

documentation of, agreements relating to the resolution of his liabilities;

(c) Advising the Debtor concerning the actions that he might take to collect 

and to recover property for the benefit of the Debtor’s estate;

(d) Preparing on behalf of the Debtor necessary and appropriate 

applications, motions, pleadings, proposed orders, notices, schedules 

and other documents;

(e) Advising the Debtor concerning, and preparing responses to, 

applications, motions, pleadings, notices and other papers that may be 

filed and served in this chapter 11 case;

(f) Representing the Debtor in connection with any necessary litigation 

relating to the tax penalties that were assessed against the Debtor; and 

(g) Performing other legal services for and on behalf of the Debtor that may 

be necessary or appropriate in the administration of this chapter 11 case 

or in the conduct of the bankruptcy case.

14. The Debtor requires knowledgeable counsel to render the above-described essential 

professional services. The Debtor has selected Meadows Collier because of Meadows Colliers’ 

extensive experience in bankruptcy litigation matters as well as tax controversies and related 

litigation. The Debtor submits that Meadows Collier is well qualified to represent the Debtor’s 

interests in this case. 

CO-COUNSEL FOR THE DEBTOR

15. The Debtor has previously retained Winikka Law PLLC as lead bankruptcy 

counsel. Given that Mr. Winikka is a sole practitioner, the Debtor needs co-counsel to provide 

additional support as well as expertise in certain areas of law that will likely be necessary in this 

case. The Debtor has selected Meadows Collier to be co-counsel to Winikka Law PLLC because 

Meadows Collier has extensive bankruptcy litigation experience as well as tax and trust expertise. 

Meadows Collier, however, does not have any partners with the type of restructuring expertise 

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possessed by Mr. Winikka. Given (i) the need for bankruptcy litigation support and expertise, (ii) 

the tax issues the Debtor faces, (iii) the potential trust issues that could arise, and (iv) the fact that 

Mr. Winikka is a sole practitioner, the Debtor believes that the employment and retention of 

Winikka Law PLLC as lead bankruptcy counsel and Meadows Collier as co-counsel is necessary 

and appropriate under the circumstances. Indeed, the Debtor submits that the retention of both 

firms is essentially equivalent to the retention of only Meadows Collier if Mr. Winikka was a 

partner at Meadows Collier. In fact, Mr. Winikka has worked extensively with certain of the 

lawyers at Meadows Collier over the years, and the Debtor believes that they can and will work 

very efficiently together to avoid duplication of effort. 

16. Given the complexities of this case, the Debtor believes that pooling the resources 

of Winikka Law PLLC and Meadows Collier will foster the dual goals of efficient and effective 

representation and will work to the benefit of the Debtor, the Debtor’s estate and creditors of the 

Debtor. 

PROPOSED COMPENSATION OF MEADOWS COLLIER

17. Subject to the Court’s approval, Meadows Collier will charge the Debtor for its 

legal services on an hourly basis at its customary hourly rates, which are subject to change from 

time-to-time. The current hourly rates for the professionals who are expected to be most involved 

in this matter are set forth below: 

a. Craig F. Simon – Partner – $750.00

b. Paula E. Reichenstein – Senior Counsel – $605

c. Emily Mosher – Paralegal - $270.00

18. In addition, Meadows Collier will seek reimbursement of expenses advanced on 

behalf of the Debtor according to its customary and usual practices. Meadows Collier will maintain 

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detailed records of any actual and necessary or appropriate costs and expenses incurred in 

connection with its legal services. 

19. If Meadows Colliers’ fees and expenses are to be paid by the Debtor’s estate or by 

any third party that intends to seek recovery for the payment of such fees and expenses from the 

Debtor’s estate, Meadows Collier intends to apply to the Court for compensation and 

reimbursement of expenses in accordance with applicable provisions of the Bankruptcy Code, the 

Bankruptcy Rules, the Local Bankruptcy Rules, and orders of this Court.

DISCLOSURES

20. As set forth in the Simon Declaration, the Debtor and his spouse jointly retained 

Meadows Collier prior to the Petition Date to provide legal advice to each of them, limited to 

bankruptcy contingency planning in conjunction with Winikka Law PLLC. The legal advice prior 

to the Petition Date was limited to 16 hours of time (only 1⁄4 hour of which was in the 90 days prior 

to the Petition Date) and Meadows Collier was paid for that work prior to the Petition Date. 

Meadows Collier provided no legal advice to the Debtor or his spouse from the Petition Date until 

the early part of October 2024, when the joint engagement was renewed. 

21. In connection with the renewed joint engagement of Meadows Collier, on October 

22, 2024, and October 23, 2024, the Debtor’s spouse directly paid Meadows Collier, from her 

separate property, a retainer in the total amount of $200,000 (in two increments of $100,000 each) 

for Meadows Collier’s joint representation of her and the Debtor. The Debtor’s spouse has not 

sought, and will not seek, any reimbursement from the Debtor’s estate for any portion of the 

retainer that was or is applied in respect of services Meadows Collier provided or provides to the 

Debtor. Meadows Collier continues to hold the unused portion of the Retainer in its IOLTA 

account (balance of $173,592.50), which remains separate property of the Debtor’s spouse. 

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22. To the best of the Debtor’s knowledge, information and belief, other than as 

disclosed in the Declaration, Meadows Collier has no connection with the Debtor, its creditors or 

any other party in interest herein or their respective attorneys or accountants, the United States 

Trustee or any person employed in the Office of the United States Trustee. Meadows Collier has 

not represented any other party in interest with respect to any matter related to the Debtor.

23. To the best of the Debtor’s knowledge, information and belief, Meadows Collier 

represents no interest adverse to the Debtor or to its estate in the matters for which Meadows 

Collier is proposed to be retained and is a "disinterested person" as defined in section 101(14) of 

the Bankruptcy Code. The Debtor submits that its employment of Meadows Collier would be in 

the best interests of the Debtor, its estate and creditors.

24. The Simon Declaration filed concurrently herewith has been executed on behalf of 

Meadows Collier in accordance with the provisions of sections 327, 328, 329 and 504 of the 

Bankruptcy Code, Bankruptcy Rule 2014, N.D. Tex. L.B.R. 2014-1 and 2016-1 and U.S. Trustee 

Guidelines. The Debtor’s knowledge, information and belief regarding the matters set forth herein 

are based and made in reliance upon the Simon Declaration.

25. No previous application for the relief requested herein has been made in this case.

NOTICE

26. Notice of this Application will be provided to (i) the Office of the United States 

Trustee for the Northern District of Texas; (ii) the holders of the twenty (20) largest unsecured 

claims against the Debtor; and (iii) parties requesting notice. The Debtor submits that no further 

notice need be provided.

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CONCLUSION

WHEREFORE, the Debtor respectfully requests that the Court enter the Proposed Order, 

attached hereto as Exhibit A, authorizing the employment and retention of Meadows Collier as 

counsel for the Debtor, nunc pro tunc as of October 14, 2024, on the terms set forth above, and 

granting the Debtor all other just and proper relief.

DATED: November 13, 2024 

Respectfully submitted,

/s/ Daniel P. Winikka 

Daniel P. Winikka (TX 00794873) 

WINIKKA LAW, PLLC

6060 North Central Expressway

Suite 500

Dallas, TX 75206

Telephone: (469) 384-7710

Facsimile: (469) 384-7709

dan@danwinlaw.com

COUNSEL FOR DEBTOR IN 

 POSSESSION

/s/ Craig F. Simon

Craig F. Simon (TX 00784968) 

MEADOWS COLLIER REED COUSINS

CROUCH & UNGERMAN LLP

901 Main St.

Suite 3700

Dallas, TX 75202

Telephone: (214) 744-3700

Facsimile: (214) 292-2356

csimon@meadowscollier.com

PROPOSED CO-COUNSEL FOR 

 DEBTOR IN POSSESSION 

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that on this 13th day of November 2024, he caused to be 

served a true and correct copy of this Application for Order Authorizing Employment of Meadows 

Collier As Co-Counsel for the Debtor nunc pro tunc as of October 14, 2024, by electronically filing 

it with the Court using the CM/ECF system, which sent notification to all parties of interest 

participating in the CM/ECF system and by first class U.S. mail, postage prepaid, upon the parties 

on the attached service list. 

/s/ Craig F. Simon 

Craig F. Simon

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Matthew Brandon Martorello

Case 24-90016-mxm-11

Service List

Virginia Borrower Class

c/o John Scofield

Caddell & Chapman

628 East 9th Street

Houston, TX 77007

Big Picture Loans, LLC

Attn: Co-Managers

E23970 Pow Wow Trail

P.O. Box 704

Watersmeet, Michigan 49969

Citibank

Attn: Bankruptcy Dept

PO Box 790034

St. Louis, MO 63179-0034

Giordani & Assoc

Leslie Giordani

2301 S. Capital of Texas Hwy

Building K

Austin, TX 78746

Kohl’s Credit Card

Attn: Bankruptcy Dept

PO Box 3115

Milwaukee, WI 53201-3115

First National Bank of Omaha

Attn: Bankruptcy Dept

PO Box 3412

Omaha, NE 68103-0412

Richard Lee Smith

c/o Cynthia B. Chapman

Caddell & Chapman

628 East 9th Street

Houston, TX 77007

Renee Galloway

c/o John Scofield

Caddell & Chapman

628 E. 9th St

Houston, TX 77007

Lula Williams et al

c/o Kelly Guzzo PLC

3925 Chain Bridge Road

Suite 202

Fairfax, VA 22030

Bank of America, N.A. 

Attn: 

PO Box 31785

Tampa, FL 33631-3785

Greenberg Traurig, LLP

c/o Jennifer Weddle

1200 17th St

Suite 2400

Denver, CO 80202

American Express

Attn: Bankruptcy Dept

PO Box 981535

El Paso, TX 79998-1535

Discover Card

Attn: Bankruptcy Dept

PO Box 3025

New Albany, OH 43054-3025

JP Morgan Chase Bank NA

Attn: Bankruptcy Dept

PO Box 15298

Wilmington, DE 19850

Comenity Capital Bank

Attn: Bankruptcy Dept

PO Box 183043

Columbus, OH 43218-3043

Office of the United States Trustee

1100 Commerce, Room 976

Dallas, Texas 75242-1699

Internal Revenue Service

Centralized Insolvency Office

P. O. Box 7346

Philadelphia, PA 19101-7346

Loeb & Loeb LLP

c/o Barney Given

10100 Santa Monica Blvd.

Suite 2200

Los Angeles, CA 90067

The Summit Investment Group

3207 Plantation Village

Dorado, PR 00646

William Blum

Solomon Blum Heymann LLP

40 Wall Street

35th Floor

New York, NY 10005

Upgrade

Attn: Bankruptcy Dept

2N. Central Ave 10th Floor

Phoenix, AZ 85004

Dana Duggan

c/o John B. Scofield , Jr.

Caddell & Chapman

628 East 9th Street

Houston, TX 77007

Amanda P. Swartz

Trial Attorney, Tax Division

U.S. Department of Justice

717 N. Harwood, Suite 400

Dallas, Texas 75201

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