Scribd Logo
Upload

Welcome to Scribd!

  • 9K views

    Signed January 17, 2019 United States Bankruptcy Judge

    Uploaded by

    KCBD Digital
    This document is a court order granting Gulf States Toyota's motion for relief from the automatic stay. It allows Gulf States Toyota to deliver a termination notice to Reagor-Dykes Plainview regarding their Toyota dealer agreement. Reagor-Dykes Plainview has already received a non-renewal notice and has until February 8, 2019 to challenge that notice. The order reserves all parties' rights regarding the dealer agreement and applicable law.

    Copyright:

    © All Rights Reserved

    Signed January 17, 2019 United States Bankruptcy Judge

    Uploaded by

    KCBD Digital
    9K views3 pages
    This document is a court order granting Gulf States Toyota's motion for relief from the automatic stay. It allows Gulf States Toyota to deliver a termination notice to Reagor-Dykes Plainview regarding their Toyota dealer agreement. Reagor-Dykes Plainview has already received a non-renewal notice and has until February 8, 2019 to challenge that notice. The order reserves all parties' rights regarding the dealer agreement and applicable law.

    Original Description:

    Reagor Gulf States Ruling

    Original Title

    reagor

    Copyright

    © © All Rights Reserved

    Did you find this document useful?

    Is this content inappropriate?

    This document is a court order granting Gulf States Toyota's motion for relief from the automatic stay. It allows Gulf States Toyota to deliver a termination notice to Reagor-Dykes Plainview regarding their Toyota dealer agreement. Reagor-Dykes Plainview has already received a non-renewal notice and has until February 8, 2019 to challenge that notice. The order reserves all parties' rights regarding the dealer agreement and applicable law.

    Copyright:

    © All Rights Reserved
    9K views3 pages

    Signed January 17, 2019 United States Bankruptcy Judge

    Uploaded by

    KCBD Digital
    This document is a court order granting Gulf States Toyota's motion for relief from the automatic stay. It allows Gulf States Toyota to deliver a termination notice to Reagor-Dykes Plainview regarding their Toyota dealer agreement. Reagor-Dykes Plainview has already received a non-renewal notice and has until February 8, 2019 to challenge that notice. The order reserves all parties' rights regarding the dealer agreement and applicable law.

    Copyright:

    © All Rights Reserved
    of 3

    Case 18-50214-rlj11 Doc 864 Filed 01/17/19 Entered 01/17/19 15:24:59 Page 1 of 3

    The following constitutes the ruling of the court and has the force and effect therein described.

    Signed January 17, 2019


    United States Bankruptcy Judge
    ______________________________________________________________________

    IN THE UNITED STATES BANKRUPTCY COURT


    FOR THE NORTHERN DISTRICT OF TEXAS
    LUBBOCK DIVISION

    IN RE: §
    §
    REAGOR-DYKES MOTORS, LP, et al.1 § Case No. 18-50214-rlj-11
    § Jointly Administered
    Debtor. §

    AGREED ORDER GRANTING GULF STATES TOYOTA, INC.’S


    MOTION FOR RELIEF FROM THE AUTOMATIC STAY

    The matter having come before this Court on the Motion of Gulf States Toyota, Inc. for

    Relief from the Automatic Stay [Docket No. 498] (the “Motion”)2 filed by Gulf States Toyota, Inc.

    (“GST”) on November 5, 2018. In the Motion GST requests relief from the automatic stay in

    1
    The Debtors are Reagor-Dykes Imports, LP (Case No. 18-50215), Reagor-Dykes Amarillo (Case No. 18-50216),
    Reagor-Dykes Auto Company, LP (Case No. 18-50217), Reagor-Dykes Plainview, LP (Case No. 18-50218), and
    Reagor-Dykes Floydada, LP (Case No. 18-50219).
    2
    All capitalized terms not defined herein shall have the meaning given to them in the Motion.
    Case 18-50214-rlj11 Doc 864 Filed 01/17/19 Entered 01/17/19 15:24:59 Page 2 of 3

    order to deliver notice to Reagor-Dykes Plainview, LP (“Reagor Plainview”) pursuant to Section

    2301.453(d) of the Texas Occupations Code if its intent to terminate the Toyota Dealer Agreement

    (“TDA”) to the extent it hasn’t already expired under its own terms (the “Termination Notice”).

    Previously, GST and Reagor Plainview agreed to stay relief in favor of GST to deliver a

    notice of non-renewal of the TDA under Section 2301.453(c) (“Non-renewal Notice”). On

    December 10, 2018, Reagor Plainview received the Non-renewal Notice by certified mail

    delivered to its Chief Restructuring Officer. Consequently, Reagor Plainview has until February

    8, 2019 to challenge the non-renewal Notice in accordance with Section 2301.453(e) of the Texas

    Occupations Code.

    Having reviewed the Motion and all matters brought to the Court’s attention, including the

    agreement of the parties related to the relief granted herein, and after due deliberation and

    consideration, the Court finds that the Motion is due to be granted as provided herein.

    NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED


    THAT:

    1. The automatic stay imposed under Section 362 of the Bankruptcy Code shall be lifted to

    allow GST to deliver the Termination Notice on January 25, 2019.

    2. Reagor Plainview and GST reserve all of their respective rights in connection with the

    TDA and any rights they have under applicable law.

    # # # END OF ORDER # # #

    SUBMITTED BY:

    -2-
    4851-5573-2612.1
    Case 18-50214-rlj11 Doc 864 Filed 01/17/19 Entered 01/17/19 15:24:59 Page 3 of 3

    BONDS ELLIS EPPICH SCHAFER


    JONES, LLP
    420 Throckmorton Street, Suite 1000
    Fort Worth, Texas 76102
    Phone: (817) 405-6914
    Fax: (817) 405-6902

    By: /s/ H. Brandon Jones


    State Bar No. 24060043
    [email protected]
    Joshua N. Eppich
    State Bar No. 24050567
    [email protected]

    BAKER & HOSTETLER, LLP


    Jimmy D. Parrish (pro hac vice)
    Florida Bar No. 0526401
    200 S. Orange Ave.
    Sun Trust Center, Suite 2300
    Orlando, Florida 32801-3432
    Phone: (407) 649-4000
    Fax: (407) 841-0168
    [email protected]

    ATTORNEYS FOR
    GULF STATES TOYOTA, INC.

    AGREED:

    /s/ Ashely Ellis


    Marcus A. Helt (TX 24052187)
    C. Ashley Ellis (TX 00794824)
    FOLEY GARDERE
    Foley & Lardner LLP
    2021 McKinney Avenue, Suite 1600
    Dallas, TX 75201
    Telephone: (214) 999-3000
    Facsimile: (214) 999-4667

    COUNSEL TO DEBTORS
    REAGOR-DYKES MOTORS, LP et al.

    -3-
    4851-5573-2612.1

    You might also like