Context source · CXF-S-2623457C5590
2623457c559072059322…32 pages · 2 MBDISTILLATES
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As of February 18, 2025, $2,111,086.01 remains owed and due from the debtors to the plaintiffs, subject to the receiver's actions
As of 02/18/2025 $2,111,086.01 remains owed and due from the Debtors to the Plaintiff, and subject to the Receiver's actions.
Court finds that judgment creditors have good faith reasons to believe debtors own non-exempt rights to property that cannot be readily attached by ordinary legal process, including accounts receivable, bank accounts easily moved, and community property held jointly
Judgment Creditors have good faith reasons to believe that Debtor owns non-exempt rights to present or future property that cannot be readily attached or levied on by ordinary legal process as required by the standard set forth in Tanner2. Such property includes, but is not limited to, real property, tangible and intangible assets, other property, professional corporations which have accounts receivable, bank accounts that are easily moved and constantly changing in balance, and community property held jointly.
Court determines receiver is necessary to carry out prior orders, to serve justice not harassment, and to locate, marshal, and administer assets that judgment creditors are justified in believing debtor will hide
A Receiver is necessary to carry out this Court's prior orders, and that the Receivership is necessary not to harass, but to serve justice. A Receiver is necessary in this case pursuant to the Texas Turnover Statute, TEX. PRAC. & REM. CODE § 31.002 and the Texas Fraudulent Transfer Act §24.009
All judgment debtor's nonexempt property becomes property in custodia legis (in custody of the law) once turnover order with receiver appointment is signed, placing property in constructive possession of the court
The unique power of a Receivership derives from the doctrine of custodia legis. Once a turnover order containing an appointment of a Receiver is signed, all of the judgment debtor's nonexempt property becomes property in custodia legis, or "in the custody of the law".3 In other words, the judgment debtor's property is considered to be in the constructive possession of the court.
Any attempt by judgment debtor to transfer nonexempt property after turnover order signing is void (not merely voidable), and any conveyance without court approval has no effect on the receivership
Any unauthorized transfer of property in the custody of a Receiver is not merely voidable, it is void.6 Thus, any attempt by a judgment debtor to transfer any of his nonexempt property after the turnover order has been signed is void, and any conveyance of property in the custody of a Receiver without approval by the court has no effect upon the Receivership and the accomplishment of its purposes.7
The judgment is not considered a 'consumer debt' as defined by 15 U.S. Code § 1692, the Fair Debt Collection Practices Act (FDCPA)
The Judgment is not considered a "consumer debt" as defined by the 15 U.S. Code § 1692, the Fair Debt Collection Practices Act (FDCPA).
Cyberlux Corporation - Corporate judgment debtor with addresses in Durham, NC and Research Triangle Park, NC. TIN ending in 8978.
CYBERLUX CORPORATION (CORPORATION) 4625 Creekstone Dr Durham, NC 27703-8478 800 Park Offices Dr Suite 3209 Research Triangle Park, NC 27709 TIN: 8978
Mark D. Schmidt - Individual judgment debtor, born February 1965, residing at 1134 Fearrington Post Apt 12, Pittsboro, NC. SSN ending in 0622.
MARK D. SCHMIDT (INDIVIDUAL) 1134 Fearrington Post Apt 12 Pittsboro, NC 27312-5014 SSN: -0622 D.O.B. February 1965
Robert W. Berleth - Court-appointed receiver with Texas Bar #24091860, operating through Berleth & Associates at 9950 Cypresswood Dr. Suite 200. Agent of the court, not attorney for any party.
"Receiver" refers to: ROBERT W. BERLETH. Receiver1 is the agent of this Court (not the attorney for any party), and is to be treated with the same courtesy accorded to the Court. BERLETH & ASSOCIATES Robert W. Berleth Texas Bar # 24091860
Hon. Michael Gomez - Presiding judge who signed the receivership order on May 22, 2025 in the 129th Judicial Court of Harris County, Texas
Signed: Michael Many 5/22/2025 Hon. Michael Gomez JUDGE PRESIDING
Harris County court domesticated a judgment against debtors on June 23, 2023 for $1,572,500 principal plus attorney's fees of $177,126.19, sanctions totaling $10,737.50, and court costs with 12% annual post-judgment interest
"Judgment" refers to the Order domesticated by this court dated June 23, 2023. Applicant is owed a judgment amount of $1,572,500, with attorney's fees of $177,126.19, plus sanctions of $3,895.00 and $6,842.50 plus court costs with post-judgment interest accruing at the rate of 12% per annum.
Judgment creditors filed post-judgment application for turnover relief and to appoint a receiver in Harris County District Court
Marilyn Burgess - District Clerk Harris County Envelope No. 99158470 By: Lisa Cooper Filed: 4/1/2025 4:40 PM
Judge Michael Gomez signed the Order Appointing Receiver, granting extensive enforcement powers to Robert W. Berleth
Signed: Michael Many 5/22/2025 Hon. Michael Gomez JUDGE PRESIDING
Harris County District Clerk Marilyn Burgess certified the receivership order as true and correct copy of the original
I, Marilyn Burgess, District Clerk of Harris County, Texas certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, as it appears on this date. Witness my official hand and seal of office this May 23. 2025 Certified Document Number: 120719480
Court cites precedent establishing that receiver, as court agent, enjoys derived judicial immunity for all actions taken in performance of duties, whether good or bad, honest or dishonest
"Once an individual is cloaked with derived judicial immunity because of a particular function being performed for a court, every action taken with regard to that function-whether good or bad, honest or dishonest, well-intentioned or not-is immune from suit. Once applied to the function, the cloak of immunity covers all acts, both good and bad."
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