MOTION TO TRANSFER/REASSIGN CASE - PAGE 1

Hudson M. Jobe

Quilling, Selander, Lownds, Winslett & Moser, P.C.

2001 Bryan Street, Suite 1800

Dallas, Texas 75201

(214) 871-2100 (Telephone)

(214) 871-2111 (Telefax)

ATTORNEYS FOR THE DEBTOR

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

IN RE: §

§

HIGHLAND SELECT §

EQUITY MASTER FUND, L.P. § CASE NO: 23-31037-swe7

§ (Chapter 11)

DEBTOR. §

§

HIGHLAND SELECT EQUITY §

FUND GP, L.P. § CASE NO: 23-31039-mvl7

§ (Chapter 11)

DEBTOR. §

NO HEARING WILL BE CONDUCTED HEREON UNLESS A WRITTEN RESPONSE 

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

1100 COMMERCE STREET, ROOM 1254, DALLAS, TEXAS 75242-1496, BEFORE 

CLOSE OF BUSINESS ON JULY 5, 2023 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.

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MOTION TO TRANSFER/REASSIGN CASE - PAGE 2

DEBTOR'S MOTION TO TRANSFER/REASSIGN CASE

TO THE HONORABLE U.S. BANKRUPTCY JUDGES:

Highland Select Equity Master Fund, L.P. and Highland Select Equity Fund GP, L.P. (the 

“Chapter 7 Debtors”) files their Motion to Transfer/Reassign Case (the “Motion”) as follows:

JURISDICTION

1. Pursuant to 28 U.S.C. §§ 1334 and 157, the Court has jurisdiction to hear this 

Motion. Pursuant to 28 U.S.C. § 157(b)(2)(A) and (O) the Motion presents a core proceeding.

BACKGROUND

2. The Chapter 7 Debtors: these cases were commenced by the filing of voluntary 

petitions under Chapter 7 of the bankruptcy Code on May 25, 2023. As evidenced by the 

captions above, one case has been assigned to Judge Larson and the other to Judge Everett. Scott

Seidel (“Trustee”) has been appointed Chapter 7 Trustee in both cases. 

3. Highland Capital: The general and limited partner interests of both Chapter 7 

Debtors are indirectly owned 100% by Highland Capital Management, L.P. (“Highland 

Capital”) or the Highland Claimant Trust, which is the sole owner of Highland Capital (directly 

or indirectly). Highland Capital has been in a Chapter 11 bankruptcy case pending in the 

Northern District of Texas, Dallas Division, before Chief Judge Jernigan for over 3 years: In re 

Highland Capital Management, L.P., Case No. 19-34054-sgj11 (the “Highland Capital Case”). 

The Highland Claimant Trust was formed pursuant to the confirmed plan in the Highland Capital 

Case. The Highland Capital Case is a complex case with more than 3800 docket entries and a 

multitude of related appellate and adversary proceedings as of the filing of this Motion. Due to 

the unique circumstances of the Highland Capital Case, Chief Judge Jernigan approved a 

gatekeeper injunction requiring certain claimants to obtain pre-authorization from Chief Judge 

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MOTION TO TRANSFER/REASSIGN CASE - PAGE 3

Jernigan prior to instituting certain litigation involving certain parties to the Highland Capital 

Case by showing that the claimant holds a ‘colorable claim’ (the “Gatekeeper Provision”).

1

4. The Dugaboy Investment Trust: The Dugaboy Investment Trust is controlled by 

the former President and Co-Founder of Highland Capital and is also among the most active 

parties in the complex Highland Capital Case – it is a Contingent Trust Interest holder (as 

defined in the Claimant Trust Agreement) of the Highland Claimant Trust, it was a former 

limited partner of Highland Capital (prior to its reorganization), its name appears over 300 times 

on the docket sheet in the Highland Capital Case, it has filed at least 35 pleadings 

seeking/contesting substantive relief,

2

it has appealed at least 5 of Chief Judge Jernigan’s

rulings,3and is/was a party to 3 different adversary proceedings presided over by Chief Judge 

Jernigan,

4

including one as plaintiff.

5 Pursuant to the Gatekeeper Provision, the Dugaboy 

Investment Trust requested and obtain approval from Chief Judge Jernigan to pursue litigation 

claims against the Chapter 7 Debtor. The Dugaboy Investment Trust then filed a lawsuit against 

both Chapter 7 Debtors styled The Dugaboy Investment Trust v. Highland Select Equity Master 

Fund, L.P. and Highland Select Equity Fund GP, L.P., Case No. 1:23-cv-01636-mvv, pending in 

the United States District court for the Southern District of New York (the “Dugaboy Lawsuit). 

The Original Complaint in the Dugaboy Lawsuit is attached as Exhibit A hereto.

1 See Highland Capital Case Docket No 1943, page 54, § 76 (the “Confirmation Order”).

2 See Highland Capital Case Docket Nos. 1153, 1154, 1667, 1706, 1745, 1776, 1868, 1870, 1889, 1971, 2256, 2268, 

2290, 2293, 2403, 2424, 2447, 2448, 2467, 2563, 2715, 2932, 2933, 2958, 2959, 3066, 3128, 3333, 3382, 3540, 

3602, 3607, 3637, 3752, and 3802. 

3 See id. at Docket Nos. 1870, 1972, 2398, 2673, and 2840. 

4 See Adversary Nos. 20-03195-sgj, 21-03076-sgj, and 23-03038-sgj. 

5 See Adversary No. 23-03038-sgj.

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MOTION TO TRANSFER/REASSIGN CASE - PAGE 4

5. Issues in the instant Chapter 7 Cases. The Chapter 7 Debtors believe that 

Highland Capital and The Dugaboy Investment Trust will be the largest (and possibly only nondiminimus) asserted claims in their cases. The Chapter 7 Debtors also believe there may be an

arguable preference claim that exists involving Highland Capital. Moreover, resolution of the 

claims of The Dugaboy Investment Trust will likely involve consideration of the many years of

simultaneous common control of Highland Capital, the Chapter 7 Debtors, and The Dugaboy 

Investment Trust, and various credit facilities, accounts, and transactions involving not only the 

Chapter 7 Debtors, but also Highland Capital. 

RELIEF REQUESTED

6. By this Motion, the Chapter 7 Debtors respectfully requests the Courts to reassign 

these cases to Judge Jernigan given her significant experience and institutional knowledge in the

Highland Capital Case generally, and specifically with respect to the various claims asserted by 

The Dugaboy Investment Trust, including the claims at issue in the Dugaboy Lawsuit that Chief 

Judge Jernigan has already previewed under the Gatekeeper Provision, and the potential 

preference claim involving Highland Capital. 

7. When considering an intra-district transfer request, courts generally have 

significant discretion. In re Triplett, 645 B.R. 196, 198 (Bankr. E.D. Tex. 2022) (discussing 

inter-division transfer request); In re Adkins Supply, Inc., No. 11-10353-RLJ-7, 2015 WL 

1498856, at *5 (Bankr. N.D. Tex. Mar. 27, 2015)(considering same). The applicable standard to 

a request to transfer/reassign intra-division is not clear, but courts typically evaluate the factors 

for a motion to transfer venue:

(1) ‘the relative ease of access to sources of proof’; (2) ‘the availability of compulsory 

process to secure the attendance of witnesses’; (3) ‘the cost of attendance for willing 

witnesses’; (4) ‘all other practical problems that make trial of a case easy, expeditious 

and inexpensive’; (5) “the administrative difficulties flowing from court congestion”; (6) 

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MOTION TO TRANSFER/REASSIGN CASE - PAGE 5

“the local interest in having localized interests decided at home”; (7) “the familiarity of 

the forum with the law that will govern the case”; and (8) “the avoidance of unnecessary 

problems of conflict of laws [or in] the application of foreign law.”

Triplett, 645 B.R. at 203; see also Adkins Supply, Inc., 2015 WL 1498856 at *5. 

8. Here, several of these factors are not applicable because the request is not seeking 

to change the presiding court geographically. The two applicable considerations to this request 

that justify the reassignment standing alone are: (1) efficiency and (2) consistent results. 

Presently, these cases are pending between three Dallas Bankruptcy Judges, two of which appear 

to be brand new to the issues surrounding Highland Capital and its affiliates, and one that has 

significant knowledge acquired over 3 years and likely thousands of hours in dealing with 

thousands of requests for relief and other docket entries, and numerous related adversary 

proceedings. Further, the deterioration of asset values on or around the time of the onset of the 

COVID-19 pandemic, and seizure and subsequent liquidation of the Debtor’s trading account by 

the Debtor's prime broker, which would give rise to the eventual voluntary petition of the 

Chapter 7 Debtors, occurred early on during the pendency of the Highland Capital Chapter 11

bankruptcy case. It would be wildly inefficient for these two new Courts to spend the time to get 

up to speed with the overlapping parties and issues already pending in the Highland Capital 

Case. Additionally, three different Courts deciding issues involving overlapping and issues and 

parties risks inconsistent results, especially given the difficulties involved in such a complex case 

with so many issues already decided or to be decided in the future in the Highland Capital case. 

9. For these reasons, the Chapter 7 Debtors respectfully requests the Courts to either 

transfer or reassign these cases to Chief Judge Jernigan, and for the Court to grant such further 

relief, general or special, at law or in equity, to which the Debtor may be rightfully entitled.

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MOTION TO TRANSFER/REASSIGN CASE - PAGE 6

Respectfully submitted,

QUILLING, SELANDER, LOWNDS, WINSLETT 

& MOSER, P.C.

2001 Bryan Street, Suite 1800

Dallas, Texas 75201

(214) 871-2100 (Telephone)

(214) 871-2111 (Facsimile)

By: /s/ Hudson M. Jobe 

 Hudson M. Jobe 

 State Bar No. 24041189

ATTORNEYS FOR DEBTOR

CERTIFICATE OF CONFERENCE

I hereby certify that on June 1, 2023, I conferred with Scott Seidel and was advised that 

the Chapter 7 Trustee is reserving his position with respect to the Motion. 

/s/ Hudson M. Jobe

Hudson M. Jobe

CERTIFICATE OF SERVICE

I hereby certify that on June 12, 2023, a true and correct copy of the foregoing document 

was served via ECF electronic filing in both of the above-captioned bankruptcy cases and via 

first-class mail on the parties listed on the mailing matrix attached hereto. 

 /s/ Hudson M. Jobe

Hudson M. Jobe

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