TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO.03-07-00036-

CV

Mohammad Hadi Gharbi, aka A. H. Gharbi and Mike Gharbi, Appellant//

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 Bankruptcy Case, 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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/9/2015 3:17:43 PM JEFFREY D. KYLE Clerk
chapter 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 the 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 party 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 the 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 previously timely filed in the appeal. The parties 

previously waived oral argument.

WHEREFORE, PREMISES CONSIDERED, C. Daniel Roberts, Trustee, 

the Appellant/Cross-Appellee in the above captioned and numbered appeal by 

CERTIFICATE 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