TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO.03
- 07
- 00036
- CV Mohammad Hadi Gharbi, aka A. H. Gharbi and Mike Gharbi, App e llant// Majid Hemmasi, Cross Appellant

v. Majid Hemmasi, Appellee//Mohammad Hadi Gharbi aka M. H. Gharbi and Mike Gharbi, Cross
- Appellee
FROM COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY NO. 279,045 ; HONORABLE ORLINDA NARANJO, JUDGE PRESIDING

UNOPPOSED MOTION TO REINSTATE PENDING APPEAL

1. Appellant/Cross

- Appellee Mohammad Hadi Gharbi filed a chapter 11 bankruptcy petition on June 2, 2008, being Case No. 08

- 11023

- TMD, In Re Mohammad H. Gharbi and Fatemeh Gharbi , in the United States Bankruptcy Court for the Western District of Texas, Austin Division (the “Bankruptcy Case”)

. Pursuant to 11 U.S.C. §362, the pending appeal was stayed.
2. The chapter 11 case was subsequently converted to a chapter 7 case. C. Daniel Roberts (“Trustee”) is the duly appointed chapter 7 bankruptcy trustee for the Bankruptcy Case. A true and correct copy of the Order Combined With Notice evidencing the filing of the B ankruptcy C ase, conversion of the case to a ACCEPTED 03-07-00036-CV 3717666 THIRD COURT OF APPEALS

AUSTIN, TEXAS 1/9/2015 3:17:43 PM JEFFREY D. KYLE

CLERKchapter 7 proceeding and appointment of C. Daniel Roberts as Trustee is attached hereto as Exhibit A and incorporated herein by reference for all purposes

. 3. Pursuant to 11 U.S.C. §541, property of the bankruptcy estate includes all legal or equitable interests of the debtor in property as of the commencement of the bankruptcy case. Pursuant to 11 U.S.C. §704, it is Trustee’s duty to administer property of t he bankruptcy estate. Accordingly, Trustee “stepped into the shoes” of the Appellant/Cross

- Appellee in the appeal.
4. On May 27, 2010, the Court issued its Memorandum Opinion confirming that the appeal was stayed. The Memorandum Opinion provides that
any pa rty may file a motion to reinstate upon the occurrence of an event that would allow the appeal to proceed.
5. On December 4, 2014, the Bankruptcy Court signed and docketed an agreed order modifying the automatic stay (“Agreed Order Modifying Stay”) to allow t he appeal to continue. A true and correct copy of the Agreed Order Modifying Stay is attached hereto as Exhibit B and incorporated herein by reference for all purposes.
6. All briefs were previousl y timely filed in the a ppeal. T he parties previously waived oral argument. WHEREFORE, PREMISES CONSIDERED, C. Daniel Roberts, Trustee, the Appellant/Cross

- Appellee in the above captioned and numbered appeal byCERTIFICATE OF CONFERENCE By my signature above, I, C. Daniel Roberts, hereby certify that I have conferred with Majid Hemmasi, Appellee/Cross

- Appellant, and his counsel, Roy O. Smithers and J. Bruce Bennett; they do not oppose the relief requested in this Motion.

CERTIFICATE OF SERVICE By my signature above, I, C. Daniel Roberts , hereby certify that on the 8th day of January , 2015 , a true and correct copy of the foregoing document was served upon the following parties by regular first class mail. Roy O. Smithers Law Offices of Roy O. Smithers, P.C. 4200A Manchaca Road Austin, Texas 78704 COUNSEL FOR Majid Hemmasi, Appellee/Cross

- Appellant J. Bruce Bennett CARDWELL, HART & BENNETT L.L.P. 807 Brazos Ste 1001 Austin, Texas 78701 COUNSEL FOR Majid Hemmasi, Appellee/Cross

- Appellant