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CHRIS DI FERRANTE
Attorney At Law
402 EAST 117! STREET ‘TELEPHONE: (718) 868-1919
HOUSTON, TEXAS 77008 WATS: (800) 514-4222
e-mail:chris@edflaw.com FAX: (713) 868-1899
Board Certified Civil Appellate Law
Texas Board of Legal Specialization
November 6, 2019
Judge Beau A. Miller Via: E-file
Harris County Civil Courthouse
201 Caroline, 12th Floor
Houston, Texas 77002
RE: Cause No. 2009-81721; New Stream Real Estate, LLC, f/k/a Charter Oak Real Estate
Fund, LLC y. Fred Morgan, David Hendricks, and James Charnquist; In the 190" District
Court of Harris County, Texas
Your Honor:
I spoke with former bankruptcy Judge Richard Schmidt yesterday regarding the
referenced case and the pending application for turnover receiver. He does not report any
conflicts and is willing to serve as receiver if the application is granted. His resume is attached.
As to Mr. Perry’s contention that an individual’s membership interest in an LLC is
exempt, that claim is wrong. Not only are such interests not mentioned as exempt personal
property in the exemption statute (Property Code section 42.002), the Business Organizations
Code sets out how a judgment creditor can go after such interest in satisfaction of a judgment.
Tex. Bus. Org. Code section 101.112(a). See also Heckert v. Heckert, 2017 WL 51848480, *7
(Tex. App.—Fort Worth 2017, no pet.).
Respectfully,
c hres Di Ferwte / Ani
Chris Di Ferrante, for Plaintiff
ce: Brent C. Perry w/enclosure
Judge Richard S. Smith w/o enclosure BY E-MAIL: rss@judgerss.com
615 Leopard Street, Suite 635
Corpus Christi, TX 78401JUDGE RICHARD S.SCHMIDT = (361) 360-0682
Education
B.S. in Mathematics with Honors
— New Mexico State University
J.D. — The University of Texas
Work Experience
1970-1973
Employer: J.R. Reed Music
Company
Position: Assistant Manager,
Credit Department
Location: Austin, Texas
1978-1987
Employer: Smitherman, Lunn,
Chastain & Hill
Position: Partner, Private Practice
of Law
Location: Shreveport, Louisiana
Experience Details:
Developed a general civil practice with an emphasis on trial work.
Character of practice was widespread.
Litigated in the following areas:
+ Oil & Gas * Property Law ° Family Law
+ Bankruptcy + Eminent Domain * Contracts
+ Tax * Civil Rights + Social Security
* Personal Injury « Environmental Law * Workers' Compensation
* Corporate Law
Also accepted criminal defense appointments in both state and federal court and defended crimes
ranging from driving offenses through second-degree murder.
Maintained an office practice that included:
+ Formation of * Tax Advice + Wills &
Corporations + Domestic Relations Successions
+ Real Estate Closings + Venture Capital + Bankruptcy
+ Securities Development1987-2015
Employer: Southern District of Texas
Location: Corpus Christi, Texas
Position: United States Bankruptcy Judge
Experience Details:
Appointed by the Fifth Circuit Court, of Appeals
Divisions include Corpus Christi, Brownsville and McAllen.
Current docket of pending cases over 10,000 and annual average filings of 6,000.
Served as Chief Judge and as a member of the Fifth Circuit Judicial Council.
Frequent lecturer and speaker at the American Bar Association, State Bar of Texas, Commercial
Law League, National Conference of Bankruptcy Judges, University of Texas School of Law,
Louisiana Bar Association and many local bar associations.
Military Duty
1973-1978
Employer: United States Air Force
Position: Assistant Staff Judge Advocate, Barksdale Air Force Base, Louisiana
Experience Details:
Served as corporate counsel for the Second Bomb Wing, Barksdale AFB, a company of over
7,000 employees.
Reviewed governmental contracts concerning Barksdale AFB.
Represented the base in utilities negotiations and litigation.
Provided advice to commanders on a myriad of other legal and quasi-legal problems.
1978-2004
Employer: United States Air Force Reserves
Position: Staff Judge Advocate, Mission Support Squadron Commander and Support Group
Commander of the 917th Wing, Barksdale AFB, LA
Experience Details:
Rose to the rank of Colonel
Commanded a unit of over 900 personnel that provided the Wing with all support functions
including Security Police, Engineering, Personnel, Finance, Food Services, Chaplains, and
Legal.
Received the Legion of Merit for outstanding service in a position of extraordinary
responsibility.
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CHRIS DI FERRANTE Attorney At Law 402 EAST 117! STREET ‘TELEPHONE: (718) 868-1919 HOUSTON, TEXAS 77008 WATS: (800) 514-4222 e-mail:chris@edflaw.com FAX: (713) 868-1899 Board Certified Civil Appellate Law Texas Board of Legal Specialization November 6, 2019 Judge Beau A. Miller Via: E-file Harris County Civil Courthouse 201 Caroline, 12th Floor Houston, Texas 77002 RE: Cause No. 2009-81721; New Stream Real Estate, LLC, f/k/a Charter Oak Real Estate Fund, LLC y. Fred Morgan, David Hendricks, and James Charnquist; In the 190" District Court of Harris County, Texas Your Honor: I spoke with former bankruptcy Judge Richard Schmidt yesterday regarding the referenced case and the pending application for turnover receiver. He does not report any conflicts and is willing to serve as receiver if the application is granted. His resume is attached. As to Mr. Perry’s contention that an individual’s membership interest in an LLC is exempt, that claim is wrong. Not only are such interests not mentioned as exempt personal property in the exemption statute (Property Code section 42.002), the Business Organizations Code sets out how a judgment creditor can go after such interest in satisfaction of a judgment. Tex. Bus. Org. Code section 101.112(a). See also Heckert v. Heckert, 2017 WL 51848480, *7 (Tex. App.—Fort Worth 2017, no pet.). Respectfully, c hres Di Ferwte / Ani Chris Di Ferrante, for Plaintiff ce: Brent C. Perry w/enclosure Judge Richard S. Smith w/o enclosure BY E-MAIL: rss@judgerss.com 615 Leopard Street, Suite 635 Corpus Christi, TX 78401JUDGE RICHARD S.SCHMIDT = (361) 360-0682 Education B.S. in Mathematics with Honors — New Mexico State University J.D. — The University of Texas Work Experience 1970-1973 Employer: J.R. Reed Music Company Position: Assistant Manager, Credit Department Location: Austin, Texas 1978-1987 Employer: Smitherman, Lunn, Chastain & Hill Position: Partner, Private Practice of Law Location: Shreveport, Louisiana Experience Details: Developed a general civil practice with an emphasis on trial work. Character of practice was widespread. Litigated in the following areas: + Oil & Gas * Property Law ° Family Law + Bankruptcy + Eminent Domain * Contracts + Tax * Civil Rights + Social Security * Personal Injury « Environmental Law * Workers' Compensation * Corporate Law Also accepted criminal defense appointments in both state and federal court and defended crimes ranging from driving offenses through second-degree murder. Maintained an office practice that included: + Formation of * Tax Advice + Wills & Corporations + Domestic Relations Successions + Real Estate Closings + Venture Capital + Bankruptcy + Securities Development1987-2015 Employer: Southern District of Texas Location: Corpus Christi, Texas Position: United States Bankruptcy Judge Experience Details: Appointed by the Fifth Circuit Court, of Appeals Divisions include Corpus Christi, Brownsville and McAllen. Current docket of pending cases over 10,000 and annual average filings of 6,000. Served as Chief Judge and as a member of the Fifth Circuit Judicial Council. Frequent lecturer and speaker at the American Bar Association, State Bar of Texas, Commercial Law League, National Conference of Bankruptcy Judges, University of Texas School of Law, Louisiana Bar Association and many local bar associations. Military Duty 1973-1978 Employer: United States Air Force Position: Assistant Staff Judge Advocate, Barksdale Air Force Base, Louisiana Experience Details: Served as corporate counsel for the Second Bomb Wing, Barksdale AFB, a company of over 7,000 employees. Reviewed governmental contracts concerning Barksdale AFB. Represented the base in utilities negotiations and litigation. Provided advice to commanders on a myriad of other legal and quasi-legal problems. 1978-2004 Employer: United States Air Force Reserves Position: Staff Judge Advocate, Mission Support Squadron Commander and Support Group Commander of the 917th Wing, Barksdale AFB, LA Experience Details: Rose to the rank of Colonel Commanded a unit of over 900 personnel that provided the Wing with all support functions including Security Police, Engineering, Personnel, Finance, Food Services, Chaplains, and Legal. Received the Legion of Merit for outstanding service in a position of extraordinary responsibility.