202483809 –
JETALL COMPANIES INC vs. HOUSTON 2425 GALLERIA LLC
(Court 055, JUDGE LATOSHA LEWIS PAYNE)
NOV 27, 2024 | REPUBLISHED BY LIT: DEC 4, 2024
DEC 4, 2024
Above is the date LIT Last updated this article.
The Debtor formerly owned the office building located at 2425 West Loop South, Houston, Texas (the “Property”) in which Jetall was a tenant. Debtor and Jetall are under the ultimate common ownership and control of Ali Choudhri.
Houston 2425 is the assignee of National Bank of Kuwait, S.A.K.P., New York Branch (“NBK”) and NBK’s rights to acquire the Property pursuant to the order authorizing the sale of the Property free and clear of, among other things, Jetall’s lease with the Debtor (the “Sale Order”).
Jetall Companies (24-35761)
United States Bankruptcy Court, S.D. Texas
TO THE HONORABLE US BANKRUPTCY JUDGE, JEFFREY P. NORMAN:
COME NOW Petitioning Creditors M. Nasr & Partners, PC, EAO Global LLC d/b/a PopLabs, and Ron Madriz (collectively, “Petitioning Creditors”) and, upon consent and waiver of Alleged Debtor Jetall Companies, Inc. (“Jetall” or the “Alleged Debtor”), pursuant to 11 U.S.C. § 303(i) and (j), and Federal Rules of Bankruptcy Procedure 1017(a) and 9014, Move to Dismiss this Involuntary Petition [Docket No. 6] as Supplemented [Docket No. 16] (the “Involuntary Petition”) and to close the above styled and numbered Involuntary Bankruptcy Case (this “Motion to Dismiss”).
1. The Court has jurisdiction over this Involuntary Bankruptcy Case and this Motion to Dismiss pursuant to 28 U.S.C. §§ 1334(a) and (b), and the standing order of reference in the United States District Court for the Southern District of Texas.
This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) and (O).
2. Venue is proper in this proceeding pursuant to 28 U.S.C. §§ 1408 and 1409.
3. With the consent of the Alleged Debtor pursuant to 11 U.S.C. § 303(i), and with the Alleged Debtor’s waiver of the right to judgment under 11 U.S.C. § 303(i), each of the Petitioning Creditors hereby move to dismiss the Involuntary Petition pursuant to 11 U.S.C. § 303(i) and (j). The Alleged Debtor joins in this Motion to Dismiss to confirm its consent and waiver as set forth in this paragraph 3.
4. In connection with this Motion to Dismiss, each of the Petitioning Creditors aver that: (1) they received nothing, including a promise of future consideration, in return from the Alleged Debtor in return for filing the Involuntary Petition and commencing this Involuntary Bankruptcy Case; and (2) they received nothing, including a promise of future consideration, in return from the Alleged Debtor in return for filing this Motion to Dismiss.
5. As required by 11 U.S.C. § 303(j), this Motion to Dismiss is served upon all known creditors of the Alleged Debtor.
WHEREFORE, Petitioning Creditors M. Nasr & Partners, PC, EAO Global LLC d/b/a PopLabs, and Ron Madriz hereby request that the Bankruptcy Court set this Motion to Dismiss for hearing as required by 11 U.S.C. § 303(j), and thereafter Dismiss the Involuntary Petition, and grant such other and further relief to which they may be justly entitled.
Respectfully submitted,
KELL C. MERCER, P.C.
901 S Mopac Expy Bldg 1 Ste 300
Austin, TX 78746
(512) 627-3512
kell.mercer@mercer-law-pc.com
By: /s/ Kell C. Mercer
Kell C. Mercer
Texas Bar No. 24007668
COUNSEL FOR PETITIONING CREDITORS
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