Case 12-32065 Document 73 Filed in TXSB on 04/19/12 Page 1 of 4 UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF THE UNITED STATES TRUSTEE JUDY A. ROBBINS UNITED STATES TRUSTEE HECTOR DURAN TRIAL ATTORNEY 515 Rusk, Suite 3516 Houston, Texas 77002 Telephone: (713) 718-4650 x 241 Fax: (713) 718-4670 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: CASE NUMBER: TAXMASTERS, INC. 12-32065-H2-11 (Chapter 11) DEBTOR EMERGENCY APPLICATION OF THE UNITED STATES TRUSTEE FOR ORDER APPROVING APPOINTMENT OF CHAPTER 11 TRUSTEE TO THE HONORABLE DAVID R. JONES UNITED STATES BANKRUPTCY JUDGE: COMES NOW the United States Trustee for the Southern District of Texas, by and through the undersigned counsel, who respectfully moves this Court for an order under Fed. R. Bankr. P. 2007.1(c) approving the appointment of W. Steve Smith as chapter 11 trustee, and represents as follows: 1. On April 19, 2012, the Court entered the Order (Doc. No. 68) directing the United States Trustee (the Applicant ) to appoint a chapter 11 trustee. 2. Pursuant to said Order, the Applicant has appointed W. Steve Smith ( Smith ) to serve as the chapter 11 trustee. Smith is an attorney licensed to practice in the State of Texas. His office is located at 1331 Lamar Street, Suite 1250, Houston, Texas, 77010. His telephone number is (713) 590-9300 and his fax number is (713) 590-9399. The Applicant has selected Smith because Smith is well qualified to serve as chapter 11 trustee. Smith has the knowledge and experience required to fulfill the duties of a chapter 11 trustee in this case. Smith is currently a chapter 7 trustee on the panel of chapter 7 trustees in the Southern District of Texas. 3. Counsel for the Applicant has consulted with the following parties in interest regarding the appointment of the Trustee: a. State of Texas, by and through Assistant Attorney General Hal F. Morris. b. TaxMasters, Inc., by Attorney Johnie Patterson.
Case 12-32065 Document 73 Filed in TXSB on 04/19/12 Page 2 of 4 4. To the best of the Applicant s knowledge, Smith s connections with the Debtor, creditors, any other parties in interest, their respective attorneys and accountants, the United States Trustee, or any person employed in the office of the United States Trustee, are limited to the connections set forth in the Verified Statement filed in support of this Application. WHEREFORE, PREMISES CONSIDERED, the Applicant respectfully requests that this Court enter an order approving the appointment of W. Steve Smith as the chapter 11 trustee, and for any and all further relief as may be equitable and just. Dated: April 19, 2012 Respectfully Submitted, JUDY A ROBBINS UNITED STATES TRUSTEE By: /s/ Hector Duran Hector Duran Texas Bar No. 00783996 515 Rusk, Suite 3516 Houston, Texas 77002 (713) 718-4650 ext. 241 (713) 718-4670 Fax CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the parties listed below and on the twenty largest unsecured creditors by United States Mail, first class, postage prepaid, or by ECF notification or BNC service, on the 19th of April, 2012. BNC will file a certificate of service that includes the names and addresses of those served, including the parties listed below and the twenty largest unsecured creditors. DEBTOR: TaxMasters, Inc. 900 Town & Country Lane, Suite 400 Houston, TX 77024 DEBTOR S COUNSEL: Johnie Patterson, Esq. Walker & Patterson, P.C. P.O. Box 61301 Houston, TX 77208-1301 /s/ Hector Duran Hector Duran 2
Case 12-32065 Document 73 Filed in TXSB on 04/19/12 Page 3 of 4 PARTIES REQUESTING NOTICE: Michael Swiney Patrick McKenna Ralph J. Miller c/o David L. Augustus, Esq. Executive Plaza West 4635 Southwest Frwy., Suite 900 Houston, TX 77027 Merchant Services, Inc. c/o Erin E. Jones, Esq. 6363 Woodway, Suite 570 Houston, TX 77057 Adewole Adegbenro, et al Mark Siurek, Esq. 3334 Richmond, Suite 100 Houston, TX 77098 Terry Abram c/o Howard B. Cohen, Esq. 465 Main St., Suite 600 Buffalo, NY 14203 Jolene M. Wise Securities and Exchange Commission 175 West Jackson Blvd., Suite 900 Chicago, IL 60604 The State Bank of Texas c/o William A. (Trey) Wood III, Esq. Jason G. Cohen, Esq. 711 Louisiana St., Suite 2300 Houston, TX 77002 Deena Wissore P.O. Box 2151 Running Springs, CA 92382 Patrick R. Cox c/o John W. Wauson, Esq. One Sugar Creek Center Blvd., Suite 880 Sugar Land, TX 77478 3
Case 12-32065 Document 73 Filed in TXSB on 04/19/12 Page 4 of 4 Harris County c/o John P. Dillman, Esq. P.O. Box 3064 Houston, TX 77253-3064 A&E Television Networks, L.L.C. c/o Jeffrey A. Marks, Esq. Great American Tower 301 East Fourth St., Suite 3500 Cincinnati, OH 45202 4
Case 12-32065 Document 73-1 Filed in TXSB on 04/19/12 Page 1 of 1
Case 12-32065 Document 73-2 Filed in TXSB on 04/19/12 Page 1 of 1 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: CASE NUMBER: TAXMASTERS, INC. 12-32065-H2-11 (Chapter 11) DEBTOR ORDER APPROVING APPOINTMENT OF CHAPTER 11 TRUSTEE The Court having considered the Emergency Application of the United States Trustee for Order Approving Appointment of Chapter 11 Trustee, it is hereby ORDERED that the appointment of W. Steve Smith to serve as the chapter 11 trustee is hereby APPROVED. W. Steve Smith shall have the duties specified in 11 U.S.C. 1106(a), subject to further orders of this Court. SIGNED this day of, 2012. HONORABLE DAVID R. JONES UNITED STATES BANKRUPTCY JUDGE