GOMO's affairs are NO LONGER under the direction of the US Trustee
Post-Bankruptcy Financial Info Posted on Records Page here.
Records Page may be accessed by registered users.
Filings Sept 2020- Apr 2022 with a few older ones added for clarity
Notice of Trustees Final Report Apr 2022
18-60018_(299)_NOTICE OF TRUSTEE’S FINAL REPORT AND APPLICATION FOR COMPENSATION AND DEADLINE TO OBJECT (NFR)
Attorney Fees: Debtor
18-60018_(218)_Application for Compensation
18-60018_(222)_Order Granting Allowance of Compensation and Expenses
18-60018_(289)_FIRST AND FINAL FEE APPLICATION OF WALKER & PATTERSON, P.C. SPECIAL COUNSEL FOR THE TRUSTEE
Accounting for US Trustee:
18-60018_(217-1)_Generic Application
18-60018_(291)_Final Accountant Fee Application
Attorney Fees: Creditor Committee
Application for Compensation
18-60018_(266-1)_Motion to Set Hearing_(8wGw)
18-60018_(273)_Withdrawal Document_(exBq)
Order Denying Creditor's Omnibus Objection
18-60018_(216-6)_Order
Claims Disallowed Due to wrong case:
18-60018_(231)_Objection to Claim_(NrNq) Grainger
18-60018_(260)_Order
18-60018_(227)_Objection to Claim_(76rY) Innovative Control Solutions
18-60018_(258)_Order
Claims Disallowed as Duplicate:
18-60018_(232)_Objection to Claim_(cgLb)Klein
18-60018_(261)_Order
18-60018_(234)_Objection to Claim_(cAIY)Ostrewich
18-60018_(264)_Order
18-60018_(235)_Objection to Claim_(y5sG)Bonner
18-60018_(265)_Order
18-60018_(236)_Objection to Claim_(o9Yv)Moreno
18-60018_(262)_Order
18-60018_(237)_Objection to Claim_(05tH)Martinez
18-60018_(241)_Docket Entry #241 has been updated_(wjJh)
Claim where objection later withdrawn:
18-60018_(233)_Objection to Claim Golden Props
18-60018_(267)_Notice_(3VmL)
Claims by members of Creditor Committee:
18-60018_(228)_Objection to Claim: Mehrkam
18-60018_(259)_Order
18-60018_(269-1) Objection to Claim: Luck
18-60018_(247) Reply
18-60018_(272)_Order
18-60018_(268)_Objection to Claim: Chang
18-60018_(278)_ Order
Adversary Complaint
18-60018_(32)_Adversary Complaint
18-60018_(277)_Dismissal of Adversary Complaint
18-60018 Order Temporary Halt to Collection of Transfer Fee
Audio of Recent Hearings:
Feb. 22, 2021 Chang Claim, Dismissal Adversary Complaint
Feb. 10, 2021: Luck Claim, Update on remaining work for the Court
Jan. 25, 2021: Set Dates for Hearing on Luck Claim - Feb 10, Chang Claim - Feb 22, Golden Props Claim Feb 22.
Oct. 15, 2020: Audio Starts 1:30 Gardner-Golden Props Claim, Update on remaining work for the Court.
Prior Filings
Bankruptcy Filings
Accountant Final Fee Application
https://www.gardenoaks.org/wp-content/uploads/2021/11/Accountant-Final-Fee-App.pdf
FIRST AND FINAL FEE APPLICATION OF WALKER & PATTERSON,
P.C. SPECIAL COUNSEL FOR THE TRUSTEE
https://www.gardenoaks.org/wp-content/uploads/2021/11/Walker-Patterson-Final-Fee-App.pdf
Chapter 7 Bankruptcy Hearing Scheduled for – July 29, 2020 2:00 PM 515 Rusk
The hearing is set on the matter or the Trustee's Omnibus Claim Objection.
Chapter 11 Bankruptcy Converted to Chapter 7 – June 6, 2019
Until GOMO receives permission or instruction otherwise, GOMO will not be conducting business. Updates to the GOMO content on gardenoaks.org will be at the direction of legal counsel and/or Trustee.
GOMO Bankruptcy Update Al Thomas, GOMO Vice President- Gazette Jul. 2019
Link to Gazette, see page 4:
Audio from Recent Hearings
June 6, 2019
-
Markers:
- 00.00 Rubio & Patterson: Status review
- 05.05 Patterson: Revised GOMO Plan & remaining differences with Creditor Committee
- 11.08 Patterson: Special carve out for legal fees of a Creditor Committee member
- 17.50 Judge: Asks why not convert case to Chapter 7
- 23.20 Patterson: Differences between plans
- 28.30 D.Martinez: Statement
- 30.10 D.Martinez: Statement (HOA)
- 32.30 Judge: View of the case & who is responsible for the failure
- 34.50 C.Luck: Statement
- 35.40 Judge: Order to convert to Chapter 7
May 9, 2019
-
Markers:
- 1.05 Rubio: Does Court have authority to override TX Property Code?
- 6.00 Judge: Explanation of how it can work
- 13.20 Patterson: Goals of GOMO Plan
- 22.00 Judge: Concerns about having 2 plans
- 29.00 Judge: Answers and explains role of Creditor Committee
- 44.20 Judge: Answers and explains setting of legal fees
- 1.00.12 Judge: Corrects misconception about voting
April 9, 2019
- Markers:
- 0.20 Patterson on voting results
GOMO FINANCIAL REPORTS
GOMO will be updating the website with monthly Balance Sheets and Profit & Loss Statements on the Records Page
Our Records page requires a login so that we keep the information local. Sign up and allow 2 days for your request to be approved.
The financial reports do not contain a full accounting of the Legal fees incurred during the Bankruptcy. Judge Jones explained (May 9 Hearing) that the actual fees to be paid will fall between none ($0.00) and the full amounts invoiced. Invoices have not been submitted for much of the work done to date. Our books only show payments actually made (cash basis accounting). These payments consist of a $50K retainer paid in FY 2018 for Walker & Patterson (debtor legal counsel) and $7500 in FY 2019 for Markel, Roberts et. al.(debtor DR Amendments).
ESTIMATED LEGAL COSTS (bankruptcy post filing)
- GOMO
- Walker & Patterson 4/16/18 thru 4/29/19 for full representation has recorded an estimated $61,330 for 153.6 hours of work. Extrapolating for the additional time since the last summary, we estimate the total charge to date is $68,690 with 172 hours worked.
- Roberts Markel et. al. have billed a total of $26,720. We are not expecting that number to change much.
- Estimated total for GOMO's bankruptcy related attorney's fees to date is $95,410
- Creditor's Committee
- Diamond McCarthy 6/4/18 thru 4/30/19 for full representation has billed and accrued a total of $206,704 for approximately 517 hours of work. Extrapolating for the additional time and expenses since the last bill, we estimate the total charges to date are $7056 in expenses and $225,496 for 564 hours worked. Expenses are not adjusted for travel costs for Mr. Rubio who moved to New York earlier this year.
- Hoover, Slovacek et.al. No basis for estimate has been provided, however we have confirmed work has been done.
- Estimated total for Creditor committee's attorney's fees to date is $232,552 plus any amounts due for HooverSlovacek work and additional expenses.
COURT FILINGS
Information and filings are being posted as they become available. The most recent 20 + are posted here. A full listing is available on the Q&A Page. The Q&A Page is a members only page.
Bankruptcy Filings
Accountant Final Fee Application
https://www.gardenoaks.org/wp-content/uploads/2021/11/Accountant-Final-Fee-App.pdf
FIRST AND FINAL FEE APPLICATION OF WALKER & PATTERSON,
P.C. SPECIAL COUNSEL FOR THE TRUSTEE
https://www.gardenoaks.org/wp-content/uploads/2021/11/Walker-Patterson-Final-Fee-App.pdf
Document 166 lists claims in order of claim number.
PDF of: Document # 166
PDF of: Document # 166_1
PDF of: Document # 166_2_Order
Document 167 is identical to Document 166 except that it lists claims in alphanumerical order based on first names.
PDF of: Document # 167
PDF of: Document # 167_1
PDF of: Document # 167_2_Order
Combined PDF of
Fee Application – Creditor Committee
Or individual docs in the filing:
158 PDF of Application for Compensation: Link
PDF of 158-1 : Link
PDF of 158-2 : Link
PDF of 158-3 : Link
PDF of 158-4 : Link
PDF of 158-5 : Link
PDF of 158-6 : Link
PDF of 158-7 : Link
PDF of 158-8 : Link
PDF of 158-9 Proposed Order for Compensation: Link
Temporary Halt to Collection of Transfer Fees
The Judge in the bankruptcy proceedings has issued a temporary halt to the collection of GOMO Transfer Fees. This halt was effective August 16, 2018 and will continue at least until the Hearing booked for June 6, at 2:00 pm. The stay may be reasonably expected to continue until a Plan is confirmed. Earliest expected confirmation would be later this summer. Buyers closing during this temporary halt may or may not be subject to any new Fee confirmed in the Plan.
PDF of Order
Important Dates:
Meeting of Creditors
-
Wednesday, July 10, 2019 12:30 PM
- Suite 3401, 515 Rusk Ave., Houston, TX 77002
Hearing to Approve and Confirm Plan(s)
-
Thursday, Jun 6, 2019 2:00 PM
- Court Room #400, 515 Rusk Ave., Houston, TX 77002
Hearing to Approve and Confirm GOMO Plan
- Tuesday, Apr 9, 2019 9:00 AM
CONTINUED
Thursday, May 9, 2019 3:00 PM - Court Room #400, 515 Rusk Ave., Houston, TX 77002
End of Voting Period on GOMO Plan
- Monday, Apr 1, 2019
Town Halls for Owners to ask questions about the GOMO Solicitation Package
- Wednesday, Mar 20, 2019 7:00 PM
- Garden Oaks Montessori Magnet
Deadline for Objections to the Creditor Committee Disclosure
- Monday, Mar 25, 2019
Town Halls for Owners to ask questions about the GOMO Solicitation Package
- Monday, Feb 25, 2019 7:00 PM
- Garden Oaks Montessori Magnet
- Saturday, Feb 23, 2019 1:00 PM
- Garden Oaks Montessori Magnet
Hearing to consider matters relating to GOMO Plan cont.
- Thursday, Jan 28, 2019 4:00 PM
- Court Room #400, 515 Rusk Ave., Houston, TX 77002
Hearing to consider matters relating to GOMO Plan
- Tuesday, Jan 8, 2019 3:00 PM
- Court Room #400, 515 Rusk Ave., Houston, TX 77002
Hearing
- Thursday, Dec 20, 2018 2:30 PM
- Court Room #400, 515 Rusk Ave., Houston, TX 77002
Town Halls for Neighborhood Input on Amendment of the Deed Restrictions
- Monday, Dec 3, 2018 7:00 PM
- Wednesday, Dec 5, 2018 7:00 PM
- Garden Oaks Montessori Magnet, Cafeteria
Status Conference
- Thursday, Oct. 25, 2018 2:30 PM
- Court Room #400, 515 Rusk Ave., Houston, TX 77002
GOMO – Cred. Comm. Town Hall #2
- Monday, October 1, 2018 7:00 PM
- Cafeteria GO Montessori Magnet, 901 Sue Barnett, Houston
GOMO – Cred. Comm. Town Hall #1
- Saturday, September 22, 2018 1:00 PM
- Cafeteria GO Montessori Magnet, 901 Sue Barnett, Houston
- Monday, September 17, 7:00 PM and September 19, 7:30 PM
- Garden Oaks Professional Bldg., 4001 N. Shepherd ste. 216
- Closed Mtg.
- Purpose is to Plan Townhalls and Consider Bankruptcy Plan
- Texas Property Code requires meetings of the GOMO Board to be Noticed to the Community
- Monday, August 27, 2018
- Proof of claim is a signed statement describing a creditor’s claim. A proof of claim may be obtained at www.uscourts.gov or any bankruptcy clerk’s office. Or here:Form b-410_16
- Thursday, August 16, 2018 3:00 PM
- Intended to determine the legal effects of the decisions, orders, opinions, judgement and rulings made by the 269th Judicial District Court of Harris County and the Fourteenth Court of Appeals, Houston, Texas in the case styled as Garden Oaks Maintenance Organization v. Peter S. Chang and Katherine M. Chang. Any party in interest wishing to speak at the hearing will be given an opportunity to do so.
- Court Room #400, 515 Rusk Ave., Houston, TX 77002
- April 11, 2018
Contact and Claim Info
The filing period for individuals closed August 27, 2018.
Bankruptcy Contact and Claim Info
Randy W. Williams
rww@bymanlaw.com
281.884.9262
Byman & Associates PLLC
7924 Broadway
Ste. 104
Pearland, TX 77581
Links on the Claims Summary/Reports go to court pages which are behind a paywall.
Creditor Report_2019_09_10 Includes Claims made in 2018
Claimant filings will be uploaded as they are provided by legal counsel and posted to a Members ONLY page- LINK . As of September 9, only the first 34 Claims are available here. We are avoiding the expense of downloading the over 300 claims that have been made. Note that login to the members pages is reserved for residents or owners in Garden Oaks. This approval is not instant because each request is reviewed by the webmaster.
Audio Recording of the Bankruptcy Status Conference Oct. 25, 2018
Audio recording of the August 16 Hearing.
Note that this is a 56 MB file.
GO-REFORM SURVEY RESULTS !!
Open this link to see results: SURVEY RESULTS
The slide deck shown at the April 11 Town Hall meeting has been uploaded and is available here: LINK
Voting Results for the GOMO Chapter 11 Plan (voting ended April 1, 2019)
To the right are the tallied results from GOMO’s recent bankruptcy plan vote which ended April 1, 2019. The Class 5 results are believed to be the most significant and sure to have the greatest influence on the bankruptcy court judge based on his prior comments during public hearings, and because Class 5 reflects the interests of those residing within and maintaining a continued stake in the future of Garden Oaks. Note that Class 5 includes homeowners who are a mixture of both non-creditors and creditors.
The Class 5 vote was effectively split, 50/50, and consequently the GOMO Board chose not to seek confirmation of the plan by the bankruptcy judge. A primary goal of exiting bankruptcy has been to bring resolution and closure to the neighborhood in regards to its HOA, and seeking confirmation of this plan in light of split results would have done the opposite, only serving to incite further discord.
Despite being a split vote, some useful insight into homeowners’ priorities was gained. Multiple ballots were returned with supplemental text stating the voter would have affirmatively voted for the plan if not for the inclusion of the $80 annual fee. Neighbors, particularly those who have already paid a fee, clearly do not wish to pay another nor is there much appetite for the annual assessment. Many Class 3 creditors are also homeowners voting in Class 5, and through their votes it was made clear that receiving maximum value of any monies to be returned to creditors was a priority. Although we believe that updated Deed Restrictions with a reasonable amendment method to facilitate future revisions are integral to the future success of the HOA, clearly this was not as highly prioritized as: 1) Maximize monies returned to Creditors and 2) Minimize monies that must be paid out by Homeowners in the future.
What now? Without a confirmed plan, GOMO remains in bankruptcy. More cost, more pain, but hopefully a better plan will emerge which may unify and receive full backing from the neighborhood. Representatives of GOMO and the Creditor Committee met during the voting period, and both groups’ attorneys continue to be in discussion about ways to move forward, hopefully with a unified plan. The next bankruptcy court hearing is set for May 9, 2019, although there is a possibility it could be earlier if GOMO and the Creditor Committee reach an agreement on a jointly acceptable plan.
| Affirm | Reject | |
|---|---|---|
| Class 1 (Creditors) | 0 | 1 |
| Class 2 (Creditors) | 0 | 2 |
| Class 3 (Creditors; mix of both non-homeowners and homeowners) | 37 | 84 |
| Class 4 (Creditors who wish to refund their monies to new HOA) | 20 | 1 |
| Class 5-Section 1 (Homeowners; Mix of non-Creditors and Creditors) | 74 | 63 |
| Class 5-Section 2 (Homeowners; Mix of non-Creditors and Creditors) | 30 | 26 |
| Class 5-Section 3 (Homeowners; Mix of non-Creditors and Creditors) | 52 | 49 |
| Class 5-Section 5 (Homeowners; Mix of non-Creditors and Creditors) | 34 | 48 |
| Total Class 5 | 190 | 186 |
Solicitation Packages Sent Out For Voting Ended April 1, 2019