Application by Trustee to Employ Passman & Jones, 

P.C., as Special Counsel to the Trustee Nunc Pro Tunc

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467548 

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

IN RE: 

HIGHLAND SELECT EQUITY 

MASTER FUND, L.P., 

Debtor. 

§ 

§ 

§ 

§ 

§ 

CASE NO. 23-31037-swe7 

 

APPLICATION BY TRUSTEE TO EMPLOY PASSMAN & JONES, 

P.C., AS SPECIAL COUNSEL TO THE TRUSTEE NUNC PRO TUNC 

NO HEARING WILL BE CONDUCTED HEREON UNLESS A 

WRITTEN RESPONSE IS FILED WITH THE CLERK OF THE 

UNITED STATES BANKRUPTCY COURT, 1100 COMMERCE 

STREET, SUITE 1254, DALLAS, TEXAS 75242 ON OR BEFORE 

CLOSE OF BUSINESS TWENTY-FOUR (24) 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 TRUSTEE PRIOR TO THE DATE AND 

TIME SET FORTH HEREIN. IF A RESPONSE IS FILED, A 

HEARING WILL BE HELD WITH NOTICE ONLY TO THE 

RESPONDING PARTY. 

IF NO RESPONSE IS TIMELY FILED, THE RELIEF 

REQUESTED MAY BE DEEMED TO BE UNOPPOSED, AND THE 

COURT MAY ENTER AN ORDER GRANTING THE RELIEF 

SOUGHT WITHOUT CONDUCTING A HEARING.

TO THE HONORABLE SCOTT W. EVERETT 

UNITED STATES BANKRUPTCY JUDGE: 

COMES NOW, Scott M. Seidel, Trustee (hereinafter the “Trustee”), and files this 

Trustee’s Application to Employ Passman & Jones as Special Counsel to the Trustee 

Nunc Pro Tunc (“Application”), and, in support thereof, would respectfully show this 

Court as follows: 

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Application by Trustee to Employ Passman & Jones, 

P.C., as Special Counsel to the Trustee Nunc Pro Tunc

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1. On May 25, 2023 Highland Select Equity Master Fund, L.P. (the 

"Debtor") filed for relief under Chapter 7 of Title 11 of the United States Bankruptcy 

Code. Scott Seidel was appointed Chapter 7 Trustee and continues to act in his capacity 

as Trustee. 

2. In the interim, Passman & Jones, P.C. assisted the Trustee with various 

aspects of this case. The Trustee now wishes to employ the law firm of Passman & 

Jones, P.C., 2500 Renaissance Tower, 1201 Elm Street, Dallas, Texas 75270, as his 

Counsel in this case. The Trustee has selected the law firm of Passman & Jones, P.C., 

due to the considerable experience of the attorneys at Passman & Jones in handling 

matters of this character. Passman & Jones’ attorneys are admitted to practice before this 

Court, and are well qualified to represent the Trustee in this case. 

3. From the initiation of this case through today, Passman & Jones, P.C. 

incurred fees and acted in good faith on behalf of the Estate in assisting the Trustee with 

regard to various matters. Therefore, the Trustee believes that exceptional circumstances 

are present in this case to warrant the nunc pro tunc approval of the Passman & Jones 

firm. 

4. The professional services which Passman & Jones will render include, but 

are not limited to, the following: 

a. Furnishing legal advice to the Trustee with regard to his powers, duties 

and responsibilities as a Chapter 7 Trustee; 

b. The preparation, for and on behalf of the Trustee, of all necessary 

applications, motions, answers, orders, reports and other legal papers; 

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Application by Trustee to Employ Passman & Jones, 

P.C., as Special Counsel to the Trustee Nunc Pro Tunc

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467548 

c. Investigating and prosecuting preference and fraudulent transfer actions 

arising under the avoidance powers of the Bankruptcy Code; 

d. To appear for, prosecute, defend and represent Applicant’s interest in suits 

arising in or related to this case; and 

e. Performing all other legal services for the Trustee which may be necessary 

herein. 

5. To the best of Trustee’s knowledge, the law firm of Passman & Jones, 

P.C., does not have any connection with either the creditors or any other party-in-interest 

which would prevent its employment as attorneys for the Trustee herein. 

6. The terms of employment of Passman & Jones, as agreed to by the Trustee 

and subject to the approval of this Court, are that certain attorneys and personnel within 

the firm will undertake the representation of the Trustee at their respective standard 

hourly rates charged to all other clients, whether in bankruptcy or non-bankruptcy related 

matters. The Trustee has been informed that the normal hourly billing rates of Passman 

& Jones range from $450.00 to $525.00 per hour for shareholders, $450.00 per hour for 

associates, and $100.00 to $200.00 per hour for paralegals. The hourly rates charged by 

the firm are subject to periodic adjustments to reflect changing economic conditions and 

the increasing experience and expertise of its attorneys and personnel in the area of 

bankruptcy law. Consistent with the rules and procedures of this District, counsel for the 

Trustee will file interim fee applications for approval of the payment for the fees and 

expenses incurred. It is anticipated that fees and expenses will be paid from monies in 

the estate, if any. 

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Application by Trustee to Employ Passman & Jones, 

P.C., as Special Counsel to the Trustee Nunc Pro Tunc

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7. The firm of Passman & Jones, P.C., represents no interest adverse to either 

the Trustee or the estate in the matters to which it will be engaged for the Trustee and the 

employment of said firm would serve the best interests of this estate as set forth in 

Exhibit "A" attached hereto. 

WHEREFORE, PREMISES CONSIDERED, Scott M. Seidel, Trustee, requests 

that this Honorable Court approve his employment of Passman & Jones, P.C., nunc pro 

tunc, effective as of June 1, 2023, under the terms specified hereinabove, together with 

such other and further relief to which he may be justly entitled. 

Respectfully submitted, 

/s/ Jerry C. Alexander 

Jerry C. Alexander 

Texas Bar No. 00993500 

PASSMAN & JONES 

1201 Elm Street, Suite 2500 

Dallas, Texas 75270 

Telephone (214) 742-2121 

Facsimile (214) 748-7949 

Email: alexanderj@passmanjones.com

PROPOSED SPECIAL COUNSEL 

FOR TRUSTEE 

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Application by Trustee to Employ Passman & Jones, 

P.C., as Special Counsel to the Trustee Nunc Pro Tunc

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CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the above and foregoing has been 

served via ECF/PACER and/or First Class U.S. Mail, postage prepaid, and/or via 

electronic mail, to the parties set forth on the attached service list on this the 2nd day of 

October 2023. 

/s/ Jerry C. Alexander 

 Jerry C. Alexander 

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Application by Trustee to Employ Passman & Jones, 

P.C., as Special Counsel to the Trustee Nunc Pro Tunc

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EXHIBIT “A” - AFFIDAVIT IN SUPPORT OF 

APPLICATION TO EMPLOY SPECIAL COUNSEL 

STATE OF TEXAS § 

§ 

COUNTY OF DALLAS § 

BEFORE ME, the undersigned authority, on this day personally appeared Jerry C. 

Alexander, who, being duly sworn, states upon his oath the following: 

(1) “My name is Jerry C. Alexander. I am over twenty-one (21) years of age. 

I have never been convicted of a crime. I have personal knowledge of every statement 

made in this Affidavit and am fully competent to testify to the matters stated herein. I do 

hereby swear that all the facts contained herein are true and correct.” 

(2) “My office is located at Passman & Jones, a Professional Corporation, 

1201 Elm Street, Suite 2500, in Dallas, Texas 75270.” 

(4) “Passman & Jones, A Professional Corporation is a disinterested person as 

required by 11 U.S.C. §327(a).” 

(5) “I have advised the Trustee of my willingness to accept employment as 

Special Counsel. I expressly reserve the right to seek interim compensation during the 

pendency of the bankruptcy upon application and order of the Court and further expressly 

reserve the right to seek full and final compensation upon application and order of the 

Court. No retainer has been given to me with regard to services to be rendered on behalf 

of the Trustee in this case.” 

(6) I am a disinterested person as defined by 11 U.S.C. § 101(14).” 

FURTHER AFFIANT SAITH NOT. 

 

Jerry C. Alexander 

SUBSCRIBED AND SWORN TO BEFORE ME, on this the 2nd day of October 

2023, to which witness my hand and official seal of office. 

 

Notary Public, State of Texas 

 

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