EMERGENCY MOTION OF CARL GERARD DORVIL FOR RELIEF FROM THE AUTOMATIC STAY PAGE 1 OF 6

Melissa S. Hayward

 Texas Bar No. 24044908

 MHayward@HaywardFirm.com

HAYWARD PLLC

10501 N. Central Expy, Ste. 106

Dallas, Texas 75231

Tel./Fax: (972) 755-7100

Special Counsel for the Debtor

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

In re:

CARL GERARD DORVIL,

Debtor.

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Case No. 23-30771-sgj7

Chapter 7

EMERGENCY MOTION OF CARL GERARD DORVIL

FOR RELIEF FROM THE AUTOMATIC STAY

PURSUANT TO LOCAL BANKRUPTCY RULE 4001-1(b), A RESPONSE 

IS REQUIRED TO THIS MOTION, OR THE ALLEGATIONS IN THE 

MOTION MAY BE DEEMED ADMITTED, AND AN ORDER GRANTING 

THE RELIEF SOUGHT MAY BE ENTERED BY DEFAULT. 

ANY RESPONSE SHALL BE IN WRITING AND FILED WITH THE 

CLERK OF THE UNITED STATES BANKRUPTCY COURT AT 1100 

COMMERCE ST., RM. 1254 DALLAS, TX 75242-1496 BEFORE CLOSE OF 

BUSINESS ON SEPTEMBER 19, 2023, WHICH IS AT LEAST 14 DAYS 

FROM THE DATE OF SERVICE HEREOF. A COPY SHALL BE SERVED 

UPON COUNSEL FOR THE MOVING PARTY AND ANY TRUSTEE OR 

EXAMINER APPOINTED IN THE CASE. ANY RESPONSE SHALL 

INCLUDE A DETAILED AND COMPREHENSIVE STATEMENT AS TO 

HOW THE MOVANT CAN BE “ADEQUATELY PROTECTED” IF THE 

STAY IS TO BE CONTINUED.

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TO THE HONORABLE STACEY G. C. JERNIGAN,

CHIEF UNITED STATES BANKRUPTCY JUDGE:

Carl Gerard Dorvil (the “Debtor”) files this Emergency Motion for Relief from the 

Automatic Stay (this “Motion”) and in support thereof respectfully states as follows.

I.

BACKGROUND

1. On April 20, 2023, Carl Gerard Dorvil filed a voluntary petition for relief under 

Chapter 7 of the United States Bankruptcy Code (the “Bankruptcy Case”).

2. When this Bankruptcy Case was filed, the Debtor was engaged in a three-day jury 

trial in Cause No. DC-19-07426, Charles Mason and Kathleen Mason v. Agile Connections LLC 

and Carl Dorvil pending in the 162nd District Court in Dallas County, Texas (the “State Court 

Case”). Once notified of the bankruptcy filing, the presiding judge suspended the trial but kept the 

jury empaneled.

3. On April 25, 2023, Charles and Kathleen Mason (the “Masons”) filed their

Emergency Motion of Charles and Kathleen Mason for Relief from the Automatic Stay and Related 

Relief [Dkt. No.8] seeking relief from the automatic stay to allow for the completion of the State 

Court Case and for the liquidation of the Plaintiffs’ bankruptcy claim against the Debtor.

4. On May 2, 2023, the Court entered the Order Granting Emergency Motion of 

Charles and Kathleen Mason for Relief from the Automatic Stay and Related Relief [Dkt. No. 22]

the (“Lift Stay Order”), which lifted the automatic stay for a period of ninety (90) days to allow in 

the State Court Case: (a) completion of the trial, (b) the empaneled jury to render a verdict, and (c) 

the state court to enter a judgment.

5. On July 28, 2023, a Final Judgment was entered in the State Court Case in favor of 

the Masons (the “Judgment”).

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6. The stay relief granted in the Lift Stay Order expired on July 31, 2023.

7. Through this Motion, the Debtor seeks relief from the automatic stay to allow the 

Debtor to prosecute his Motion for Judgment Notwithstanding the Verdict and to Modify the 

Judgment and Motion for New Trial filed in the State Court Case, and to pursue an appeal, as 

necessary.

8. The Debtor sought an agreed order with the Masons granting the relief requested 

herein, but the Masons inexplicably oppose the Debtor’s pursuit of his post-judgment rights and 

appeal and have refused to agree to an order authorizing the Debtor to challenge and appeal the 

Judgment.

II.

ARGUMENTS AND AUTHORITIES

9. The Court may modify the automatic stay pursuant to Bankruptcy Code Section 

362(d). Section 362(d) provides, in relevant part:

(d) On request of a party in interest and after notice and a hearing, the court 

shall grant relief from the stay provided under subsection (a) of this section, 

such as by terminating, annulling, modifying, or conditioning such stay –

(1) for cause, including the lack of adequate protection of an interest 

in property of such party in interest....

9. The term “cause” is not defined in the Bankruptcy Code; thus, Courts are free to 

determine it on a case-by-case basis. In re Reitnauer, 152 F.3d 341, 343 n.4 (5th Cir. 1998) 

(“Because § 362 does not offer guidance as to what constitutes ‘cause,’ reviewing courts must 

determine whether cause existed on a case-by-case basis.”); In re Wilson, 116 F.3d 87, 90 (3rd Cir. 

1997) (opining that cause is not defined in the Bankruptcy Code, “leaving courts to consider what 

constitutes cause based on the totality of the circumstances in each particular case.”). 

10. In determining if cause exists, “courts generally consider the policies underlying 

the automatic stay in addition to the competing interests of the debtor and the movant.” In re 

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Continental Airlines, Inc., 152 B.R. 420, 424 (D. Del. 1993). The automatic stay is intended to 

preserve the assets of the debtor and to provide an equitable procedure for all creditors. In re 

Holtkamp, 669 F.2d 505, 508 (7th Cir. 1982)(citing H.R. Rep. No. 595, 95th Cong., 1st Sess. 340 

(1977)). When a pending action does not interfere with the bankruptcy proceeding, the automatic 

stay in no way fosters Bankruptcy Code policy. Id., at 508 (citing S. Rep. No. 989, 95th Cong., 2d 

Sess. 50, 52, reprinted in [1978] U.S. Code Cong. & Ad. News 5836, 5638). Whether cause exists 

is committed to the discretion of the bankruptcy court. In re MacDonald, 755 F.2d 715, 717 (9th 

Cir. 1985). 

11. In this case, cause exists to lift the automatic stay to permit the Debtor to proceed 

with post-judgment litigation and, as necessary, appeal of the Judgment entered against him in the 

State Court Case. Post-judgment litigation will not interfere with the Debtor’s Bankruptcy Case, 

and the Debtor has the legal right to appeal the Judgment entered against him. Furthermore, the 

Masons’ claims against the Debtor remain disputed and contingent pending the Debtor’s 

prosecution of his appeal. There is no basis to deny the Debtor his appellate rights, especially 

considering the Masons have initiated an adversary proceeding challenging the discharge of the 

disputed debt and Judgment.

12. Accordingly, “cause” exists for this Court to modify the automatic stay pursuant to 

section 362(d) of the Bankruptcy Code to allow the Debtor to proceed with post-judgment 

litigation and appeal, as necessary, in the State Court Case.

13. The Debtor seeks emergency consideration of this Motion. Time is of the essence 

for the Debtor to prosecute his existing post-judgment rights and to file an appeal of the Judgment, 

if necessary.

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14. Counsel for the Debtor has conferred with Philip Lamberson, counsel for the 

Masons. As noted above, the Masons oppose the relief requested in the Motion, but they do not 

oppose emergency consideration of the Motion.

III.

PRAYER

BASED UPON THE FOREGOING, the Debtor respectfully requests that the Court enter 

an order: (i) granting relief from the automatic stay so that the Debtor may pursue post-judgment 

litigation in the State Court Case and appeal, as necessary; and (ii) granting such other and further 

relief to which the Debtor is justly entitled.

DATED: September 5, 2023.

Respectfully submitted,

HAYWARD PLLC

By: /s/ Melissa S. Hayward 

Melissa S. Hayward

 Texas Bar No. 24044908

 MHayward@HaywardFirm.com

10501 N. Central Expy., Ste. 106

Dallas, Texas 75231

Tel./Fax: (972) 755-7100

Counsel for Carl Gerard Dorvil

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CERTIFICATE OF CONFERENCE

I hereby certify that on August 31, 2023, I corresponded with Philip Lamberson, counsel 

for Charles and Kathleen Mason, regarding the requested relief. The Masons oppose the lifting of 

the stay to allow Mr. Dorvil to pursue his appellate rights, but they do not oppose emergency 

consideration of the Motion.

/s/ Melissa S. Hayward

Melissa S. Hayward

CERTIFICATE OF SERVICE

I hereby certify that on September 5, 2023, a true and correct copy of the foregoing Motion 

was served either via electronic notice through the Court’s CM/ECF system and/or via First Class 

Mail upon the parties on the attached service list.

/s/ Melissa S. Hayward

Melissa S. Hayward

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