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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 1 of 38
United States Bankruptcy Court
Southern District of Texas Voluntary Petition
Name ofDebtor (if individual, enter Last, First, Middle): Name o f Joint Debtor (Spouse) (Last, First, Middle):
Diamond Beach VP, LP
A l l Other Names used by the Debtor in the last 8 years A l l Other Names used by the Joint Debtor in the last 8 years
(include married, maiden, and trade names): (include married, maiden, and trade names):
Last four digits o f Soc. Sec. or Individual-Taxpayer I.D. (ITfN) No./Complete E f N Last four digits o f Soc. Sec. or Individual-Taxpayer I.D. (ITIN) No./Complete E f N
(if more than one, state all) Of more than one, state all)
20-3541138
Sfreet Address o f D e b t o r (No. and Sfreet, City, and State): Sfreet Address o f Joint Debtor (No. and SU-eet, City, and State):
10327 FIVI 3005
Galveston, TX
ZIP Code ZIP Code
77554
County of Residence or ofthe Principal Place of Business: County of Residence or ofthe Principal Place o f Business:
Galveston
Mailing Address o f Debtor (if different from street address); Mailing Address o f Joint Debtor (if different from sfreet address):
1210 WestClay, Suite 10
Houston, TX
ZIP Code ZIP Code
77019
Location o f Principal Assets o f Business Debtor 10327 FM 3005
(if different from street address above): Galveston, TX 77554
Type ofDebtor Nature of Business C h a p t e r of B a n k r u p t c y C o d e U n d e r W h i c h
(Form of Organization) (Check one box) (Check one box) the Petition is Filed (Check one box)
• Individual (includes Joint Debtors) • Health Care Business • Chapter?
See Exhibil D on page 2 of Iliisform. • Single Asset Real Estate as defined • Chapter 9 Chapter 15 Petition for Recognition
• Corporation (includes L L C and L L P ) in 11 U.S.C. § 101 (518) of a Foreign Main Proceeding
• Chapter 11
H Partnership • Railroad
• Chapter 12 Chapter 15 Petition for Recognition
• Other (If deblor is not one of tlie above entities, • Stockbroker
• Chapter 13 of a Foreign Nonmain Proceeding
clieck tliis box and state type of entity below.) • Commodity Broker
• Clearing Bank
• Other Nature o f D e b t s
C h a p t e r 15 Debtors
T a x - E x e m p t Entity (Check one box)
Country of debtor's center of main interests:
(Check box, if applicable) • Debts are primarily consumer debts, Debts are primarily
• Debtor is a tax-exempt organization defined in 11 U.S.C. § 101(8) as business debts.
Each country in whicli a foreign proceeding
by, regarding, or against debtor is pending: under Title 26 ofthe United States "incurred by an individual primarily for
Code (the Intemal Revenue Code). a personal, family, or household purpose."
Filing Fee (Check one box) Check one box: C h a p t e r II Debtors
Full Filing Fee attached • Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D).
• Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D).
• Filing Fee to be paid in installments (applicable to individuals only). Must Check if:
attach signed application for tiie court's considerarion certifying that tlie
• Debtor's aggregate noncontingent liquidated debts (excluding debls owed to insiders or affiliates)
debtor is unable to pay fee excepl in installments. Rule 1006(b). See Official
Form 3A. are less than $2,343,300 (amounl subjecl lo adjuslmeni on 4/01/13 and every Ihree years Ihereafler).
Check all applicable boxes:
[D Filing Fee waiver requested (applicable to chapter 7 individuals only). Must • A plan is being filed with this petition.
attach signed application for the court's consideration. See Official Form 3B.
• Acceptances of tlie plan were solicited prepetition f p m one or more classes of creditors,
in accordance with 11 U.S.C. § 1126(b).
Statistical/Administrntive Information ' : T H I S S P A C E IS F O R C O U R T U S E O N L Y
Debtor estimates that funds will be available for distribution to unsecured creditors.
• Debtor estimates that, after any exempt property is excluded and administrative expenses paid,
there will be no funds available for distribution to unsecured creditors.
Estimated Number o f Creditors
• • • • • • • • • •
1- 50- 100- 200- I.OOO- 5,001- 10,001- 25,001- 50,001- OVER
49 99 199 999 5,000 10,000 25,000 50,000 100,000 100,000
Estimated Assets
•
SOlo
•
$50,001 10
•
5100,001 to
•
$500,001 51,000,001 $10,000,001
•
$50,000,001
• •
5100,000,001 5500,000,001
•
More than
$50,000 SI 00,000 $500,000 to$l to $10 loS50 to 5100 to $500 to $1 billion $1 billion
million million million million million
Estimated Liabilities
•
so to
•
$50,001 to
•
$100,001 to
• $500,001
•
$1,000,001 $10,000,001
•
550,000,001
• •
5100,000,001 $500,000,001 tvlore lhan
550,000 5100,000 $500,000 10 SI to $10 to 150 0
1 5100 lo5500 lo 51 billion 51 billion
million million million million million
Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 2 of 38
Bl (Official F o r m 1)(12/11) Page 2
Name of Debtor(s):
Voluntary Petition Diamond Beach VP, LP
(This page must be completed and filed in every case)
All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet)
Location Case Number: Date Filed:
Where Filed: - None -
Location Case Number: Date Filed:
Where Filed:
Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet)
Name ofDebtor: Case Number: Date Filed:
Sapphire VP, LP 12-10173 4/02/12
District: Relationship: Judge:
Southern District ofTexas, Brownsville Division Affiliate Richard Schmidt
Exhibit A Exhibit B
(To be completed if debtor is an individual whose debts are primarily consumer debts.)
(To be completed if debtor is required to file periodic reports (e.g., I, the attomey for the petitioner named in the foregoing petition, declare that 1
forms 1 OK and I OQ) with the Securities and Exchange Commission have informed the petitioner that [he or she] may proceed under chapter 7, 11,
pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 12, or 13 of title 11, United States Code, and have explained the relief available
and is requesting relief under chapter 11.) under each such chapter. I further certify that I delivered to the debtor the notice
required by 11 U.S.C. §342(b).
• Exhibit A is attached and made a part of this petition. X
Signature of Attomey for Debtor(s) (Date)
Exhibit C
Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety?
• Yes, and Exhibit C is attached and made a part of this petition.
• No.
Exhibit D
(To be completed by every individual debtor. If ajoint petition is filed, each spouse must complete and attach a separate Exhibit D.)
• Exhibit D completed and signed by the debtor is attached and made a part of this petition.
If this is ajoint petition:
• Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition.
Information Regarding the Debtor - Venue
(Check any applicable box)
• Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180
days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District.
• There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District.
• Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in
this District, or has no principal place of business or assets in the United States but is a defendant in an action or
proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief
sought in this District.
Certification by a Debtor Who Resides as a Tenant of Residential Property
(Check all applicable boxes)
• Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.)
(Name of landlord that obtained judgment)
(Address of landlord)
• Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure
the entire monetary defauh that gave rise to the judgment for possession, after the judgment for possession was entered, and
• Debtor has included in this petition the deposit with the court of any rent that would become due during the 30-day period
after the filing of the petition.
• Debtor certifies that he/she has served the Landlord with this certification. (I I U.S.C. § 362(1)).
Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 3 of 38
B l (OITicial Form J)(12/]l) :c3
Name of Debtor(s):
Voluntary Petition Diamond Beach VP, L P
(This page musi be completed andJlled in every case)
Signatures
Signature(s) of Debtor(s) (Individual/Joint) Signature of a Foreign Representative
1 declare under penalty of perjury that Ihe information provided in this I declare under penally of perjury that the information provided in this petition
petition is true and correct. is true and correct, diat I am the foreign representative o f a deblor in a foreign
If petitioner is an individual whose debls are primarily consumer debts and proceeding, and that I am aulhorized lo file this petilion,
ms chosen to file under chapter 7] 1 am aware lhat I may proceed under
(Check only one box,)
chapter 7.11, 12, or 13 oftitle 11, United States Code, understand the relief
available under each such chapter, and choose lo proceed under chapler 7. • 1 request relief in aooordance with chapter 15 of title 11, United Stales Code.
[If no attomey represents me and no bankruptcy petition preparer signs the Certified copies ofthe documents required by 11 U.S.C. § 1 5 1 5 are attached,
petilion] 1 have obtamed and read the notice required by 11 U.S.C. §342(b).
3
[ Pursuant to 11 U.S,C, § 1 5 1 1 , 1 request relief in accordance with the chapler
I request relief in accordance with the chapter of title 11, United States Code, of title I I specified in this petition. A certified copy of die order granting
specified in this petition. recognition ofthe foreign main proceeding is attached.
x _
X. Signature of Foreign Representative
Signature ofDebtor
X. Printed Name of Foreign Representative
Signature of Joint Debtor
Date
Telephone Number (If not represented by attorney) Signature of Non-Attorney Bankruptcy Petition Preparer
I declare under penalty of perjury that: (I) I am a bankruptcy petition
Date preparer as defined in 11 IJ.S.C. § 110; (2) 1 prepared this document for
compensation and have provided the debtor with acopy ofthis document
rncy* and the notices ond information required under 11 U.S.C, §§ 110(b),
UO(h), and 342(b); and, (3) if rules or guidelines have been promulgated
pursuantto 11 U,S,C. § 110(h) setting a maximum fee for services
X. chargeable by bankruptcy petition preparers, I have given the debtor notice
Signature of Attomey forDebtDr(s) of tlie maximum amount before preparing any document for filing fbr a
debtor or aooopting any foe from the debtor, as required in that section.
Edward L . Rothbera 17313990
Official Fonn 19 is altached.
Printed Name of Attomey for Debtor(s)
Hoover Slovacek L L P
Printed Name and title, ifany, of Bankruptcy Petition Preparer
Firm Name
5847 San Felipe
Suite 2200 Social-Security number (Ifthe bankrutpcy pedtion preparer is not
Houston, TX 77057 an individual, state the Social Security number of the officer,
principal, responsible person or partner of the bankruptcy petition
Address pn;parer,)(Requirod by 11 U,S,C. § 110,)
713.977.8686 Fax: 713.977.5395
Telephone Number
4^10^131.0 Address
Date
*In a case In which § 707(b)(4)(D) applies, Ihis signature also constitutes a
x .
certiCcation that the atlomey has no knowledge aitcr an inquiry that Ihe
information in the schedules is incorrect.
Date
Signature ofDebtor (Coiiporation/Partnership)
Signature of bankruptcy petition preparer or officer, principal, responsible
person.or partner whose Social Security number is provided above.
1 declare under penalty of p^fliln' Ihi iB information provided in litis
pelirion is true and corrccyand/that ;Ve been authorized to file this petilion
on behalf of die debtor. Names and Sooial-Scourity numbers ofall other individuals who prepared or
assisted in preporing this document unless tho bankmptcy petition preparer is
The debtor requests relifff in iccord|am:e wiUi the chapter oftitle 11, United not an individual;
Slates Code, specified iii Ihi6 petjliir/
Signature of Authoripf d Inj
Randall J, Davis, r of Its General Partner If more lhan one person prepared this document, attach addilional sheets
conforming to the appropriate official form for each person,
Printed Name of Authoriz^i
Diamond Beach GP LI A banlcnipicy pelilion preparer's failure lo comply with Ihe provisions of
title JI and Ihe Federal Rules of Bankniplcy Procedure may result In
Tide of Authorized hidividual fines or Imprisonment or both. IJ U.S.C. §110: IS U.S.C. §156.
Date
Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 4 of 38
B4 (Omcial Form 4) (12/07)
United States Bankruptcy Court
Southern District of Texas
In re Diamond Beach VP, LP CaseNo.
Debtor(s)- Chapter 11
LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS
Following is the list of the debtor's creditors holding the 20 largest unsecured claims. The list is prepared in
accordance with Fed, R. Bankr. P. 1007(d) for filing in this chapter 11 [ar chapter 9] case. The list does not include (1)
persons who come within the definition of "insider" set forth in 11 U.S.C. § 101, or (2) seciu-ed creditors unless the value of
the collateral is such that the unsecured deficiency places the creditor among the holders of the 20 largest unsecured claims,
I f a minor child is one ofthe creditors holding the 20 largest imsecured claims, state the child's initials and the name and
address of the child's parent or guardian, such as " A . B . , a minor child, by John Doe, guardian." D o not disclose the child's
name. See 11 U,S.C. § 112; Fed. R, Bankr. P . 1007(m),
(I)' (2) (3) (4) (5)
Name of creditor and complete Name, telephone number and complete Nature of claim (trade Indicate if claim is Amount af claim
mailing address including zip mailing address, including zip code, of debt, bank loan, contingent, [if secured, also
code employee, agent, or department of credilor government contract, unliqtddated, state value of
familiar wilh claim who may be contacted etc.) disputed, or securit)']
subject to setoff
Andrews Myers P.C. Andrews Myers P.O. 27,997.11
3900 Essex Lane, Suite 800 3900 Essex Lane, Suite 800
Houston, TX 77027 Houston, TX 77027
Centrade USA Inc. Centrade USA Inc. 3,139.25
4265 San Felipe, Suite 220 4265 San Felipe, Suite 220
Houston, TX 77027 Houston, TX 77027
Element Architects Element Architects 3,200.00
6213 Skyline Drive Suite 200 6213 Skyline Drive Suite 200
Houston. TX 77057 Houston, TX 77057
Good Project Good Project 2,044.47
5455 Dasfiwood, Suite 200 5455 Dashwood, Suite 200
Bellaire, TX 77401 Bellaire, TX 77401
Green Mountain Energy Green Mountain Energy 1,757.92
P 0 Box 650001 P 0 Box 650001
Dallas, TX 75265 Dallas, TX 75265
Gulf Coast A/C Gulf Coast A/C 576.97
38 Bock Bay Circle 38 Bock Bay Circle
Galveston, TX 77551 Galveston, TX 77551
GulfCoast Pavers Gulf Coast Pavers Contingent 129,232.00
c/o Jeffrey Tompkins c/o Jeffrey Tompkins Unliquidated
Law Office of Jeffrey J . Law Office of Jeffrey J. Tompkins Disputed
Tompkins Houston, TX 77043
1413 Brittmoore Road
Houston, TX 77043
Luxury Baths by Arrow Luxury Baths by Arrow 430.00
P 0 Box 40592 P 0 Box 40592
Houston, TX 77240 Houston, TX 77240
Martie Terry Martie Terry 3,000.00
7812 Channelview 7812 Channelview
Galveston, TX 77554 Galveston, TX 77554
Pace Property Tax Service Pace Property Tax Service 12,000.00
7702 FM 1960 E., Suite 116 7702 FM 1960 E., Suite 116
Humble, TX 77346 Humble, TX 77346
Papercity Magazine Papercity Magazine 3,000,00
3411 Richmond Ave., SUite 3411 Richmond Ave., SUite 600
600 Houston, TX 77046
Houston, TX 77046
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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 5 of 38
B4 (Oraclal F o r m 4) (12/07) - Cont.
In re Diain ond Beach VP, LP Case No.
Debtor(s)
LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS
(Continuation Sheet)
(1) (2) (3) (4) (5)
Name of creditor and complete Name, telephone number and complete Nature of claim (trade Indicate if claim is Amounl of claim
mailing address including zip mailing address, including zip code, of debt, bank loan, contingent, [if secured, also
code employee, agent, or department of creditor government contract, unliquidated, state value of
familiar -with claim who may be contacted etc.) disputed, or security]
subject lo seiojf
Robinson & Associates Robinson & Associates 800.00
1700 IVIain St., Suite 2A 1700 Main St, Suite 2A
Houston, TX 77002 Houston, TX 77002
Sterling Express Services Sterling Express Services 83.00
1940 Fountainview Drive 1940 Fountainview Drive
Suite 508 Suite 508
Houston, TX 77057 Houston, TX 77057
DECLARATION UNDER P E N A L T Y OF PERJURY
ON B E H A L F OF A CORPORATION OR PARTNERSHIP
I, tlie Diamond Beach GP L L C ofthe partnership named as the debtor in ueclare under penalty of
perjury that I have read the foregoing list and that it is true and correct to the best/o/my brmation and belief.
Date
Him Signature
Randall J . Davli
Diamond Beac
Partner
Penalty for making a false stalement or concealing property': Fine of up to $5p/,000 or imprisonment for up to 5 years or both.
I S U . S . C . §§ 152 and 3571.
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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 6 of 38
B6 Summary (Official Form 6 - Summary) (12/07)
United States Bankruptcy Court
Southern District of Texas
In re Diamond Beacli VP, LP Case N o .
Debtor
Chapter 11
SUMMARY OF SCHEDULES
Indicate as to each scliedule whether that schedule is attached and state the number of pages in each. Report the totals from Schedules A ,
B, D , E , F, I, and J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount ofthe debtor's assets.
Add the amounts of all claims from Schedules D, E, and F to determine the total amount of the debtor's liabilities. Individual debtors must
also complete the "Statistical Summary of Certain Liabilities and Related Data" if they file a case under chapter 7, II, or 13.
N A M E OF S C H E D U L E ATTACHED N O . OF ASSETS LLABILITIES OTHER
(YES/NO) SHEETS
A - Real Property Yes 1 29,410,000.00
B - Personal Property Yes 3 641,875.74
C - Property Claimed as Exempt No 0
D - Creditors Holding Secured Claims Yes 1 27,675,395.10
E - Creditors Holding Unsecured Yes 1 0.00
Priority Claims (Total ofClalms on Schedule E)
F - Creditors Holding Unsecured Yes 3 562,240.72
Nonpriority Claims
G - Executory Contracts and Yes 1
Unexpired Leases
H - Codebtors Yes 1
I - Current Income of Individual No 0 N/A
Debtor(s)
J - Current Expenditures of Individual No 0 N/A
Debtor(s)
Total Number of Sheets of A L L Schedules 11
Total Assets 30,051,875.74
Total Liabilities 28,237,635.82
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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 7 of 38
B6A (Official Form 6A) (12/07)
In re Diamond Beach VP, LP Case N o .
Debtor
SCHEDULE A - REAL PROPERTY
Except as directed below, list all real property in which the debtor has any legal, equitable, or future interest, including all property owned as a
cotenant, community property, or in which the debtor has a life estate. Include any property in which the debtor holds rights and powers exercisable for
the debtor's own benefit. If the debtor is married, state whether husband, wife, both, or the marital community own the property by placing an "H," "W,"
"J," or "C" in the column labeled "Husband, Wife, Joint, or Community." If the debtor holds no interest in real property, write "None" under
"Description and Location of Property."
Do not include interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and
Unexpired Leases.
If an entity claims to have a lien or hold a secured interest in any property, state the amount of the secured claim. See Schedule D. If no entity
claims to hold a secured interest in the property, write "None" in the column labeled "Amount ofSecured Claim." Ifthe debtor is an individual or
if ajoint petition is filed, state the amount of any exemption claimed in the property only in Schedule C - Property Claimed as Exempt.
Nature of Debtor's Amount of
Description and Location of Property
Interest in Property Secured Claim
Diamond Beach Condominiums located at 10327 29,410,000.00 27,675,395.10
FM 3005, Galveston, Texas 77554, more particularly
described as Exhibit A-1, including the land,
improvements and list of unsold condominium
units attached as Exhibit A-2.
Sub-Total > 29,410,000.00 (Total of this page)
Total > 29,410,000.00
0 continuation sheets attached to the Schedule of Real Property
(Report also on Summary of Schedules)
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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 8 of 38
O EXHIBIT "A" (f
A UOTS AHO eoUNSS DEBCWfTlON OF A 1;0a MHE(J17,045
hq. a ) TRACT OF LAND OUT OF IDT 381 OF SECHON CWE.
WBlBlt AND UNDSEY SURVEY OF (MLVEBTOM IBUNO.
WLVtSrdH POUWY, TEXAS •TOOeiHER IVlffl THE EJST l / 2 OF
lOEIH STKEET ABANDONED AS PER OTT OF SALVESTDN
ORDINAHOE B3-11i
BSSffffllNOi al D i / a Inch lion rod dbI on Iho SouUi
rijht-ol-woy lino o( FM J0O5 (300 real *ldB) onij lh«
•canWIn? of «oli) lOBtfi Streel form V*Io)i g 1 Inch Iron
plpo found froofB N e y e s ' tyiXi (Bfllj
^ B i C E Norili TTOO' EOBI, 'olony Bin South righi-of-way
lino of FM aOOS c.illetonK! of 362,93 foal lo o l / 2 Incji
Iron rod urt from VrWoh o 1 Inch Iron pIpS found beors E
E, 3.3 fOBt
THENCE Soulh 25'00' Eojl, a dlelongB oF BB.24 fool to a
1/2 Inoh Ircn red « l on We NorUi fight-ol-Woy .of Soowoll
Bouievord from wWoh o lin'Ch Iron pipe found boore S
B-7'31' E, Z.* fefit;
THEHCE South SS-W'ID" Wesl, olohg Ulo North rigJll-of-woy
dl Son^oll Bouievord g distonce of 359.60 fool io o 1/2
Inoh Iron rod col in the osnlcrllno of^oold 105lh Sir«il from
whicli a 1 Inoh Iron pipe foundfaeorE'H .6^'45' E, 2,8 foc^;
THEMCE Norfh JS-QO' Woel, olora Ihe cahlErjlno. ol sold
IDBlb. Stool o dloloncE or lB9,oa feel lo Iho PBINT OF
•SESWNINP.
w o n , T B E COMPANY DOES N O T MPIUDSENT T H A T T H E A B O V E A C R E A G E
SQTlAnE jrOOTAGE CALCULATIONS A K E COIOTECT,
Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 9 of 38
0 • EXHffirr "A" <p
A IIEIES WD BOUNDS CEactSRIlDN .OF A 5,28 ACRE <a30.^a2
00. ft) TBACr CF lAN&-QUr OF LOIS 3fli AND m DF.
sfcnON ONE, TRJMBlf AND UHBSEy SURVEY OF GALVESTOH
ISUND, aAU/EBTON COONn, TEXAS, TOBETHER WJW THE EAST
1
l A 0 " 107TH STREET ANO Ttte WEST ^/^ OF IDSlH SIREET
ABANDONED AS PER CITY OF SM-VESTDN ORDUiWCE 8}-11)
BEISNNlNg at o t / 2 Inoh Iron fod rA on Uio SoutH
n W
rtghl-ol-wji U a of F JD05 fSDO foot wWeJ bslnj lha
NorttiBOsl comor.of a trool 4f land dssorHiBd In dnad to
Forshad Nttarfil -and Anrfroir HoN^H reCordod und?r flim- code
No. 007'-37T'1426 of lft» Odwrtart Oflunlj Owd E^corrfs
(G.O.DJI) ond the conMIn* of sold lOTIh Stfool, boins on
Ihe- arc of Q ourv» te the rlghb
n
YHENOE olong Iho SouUi rljhl-tir-wnv U a of «dTd FN 300B
ond the arc ot aoK) tum to tho rlgtil hoying a rodlua at
SB2fl.70 reel, on oro length of 550.93 feel, a central ongle
of 0B"3B'2S' and a Chord beorlng of North 74'11*47" EauU o
dlfflonofl of 560.71 foot lo o point for bomor^
THENOE North 77'Oo' Eoet, oonllnuing olong Iho South
rlghl-of-Hoy lino of cold FM -3005 o dlBlonir? of 170.08 (eel
io 0 1/2 Inch Iron rod set In tho contorllns of sold 105th
Slroob
TH&<0£ Sogth 2B'O0' Eost, otong the oenterilne of told 103th
Sbeol o diplonco of 199.06 feet (coU 184.57 fotl) lo o 1/2
Inch Iron red ael pn the. Ntrih rlflhl-of-Woy of Seowoll
Boulsvordi
THENCE Soulh 55'46'1B'.Wesl, olono-lho North,righl-of-woy! •
of Seowoll Houlovord.orilolnnooof 716,21- hft.to•<i..po1r(tr'f.or.
cornsr; .
THENCE K6hh.''2Fbi>'. Vl«t, otattg'lhfl "srakb'^i toV^Mi^^o).!^^^
SlroEt posdHf o.l-.:l"69'.M reel o-V2:^PIt^lFoff'Wd;.l/ban^^^^
all 0 d clones DC4'48.BS foct (collUSfeaT T)«l),.la-rtli5SpflINtv
- Of BEaNNnw, •; . • ••••=.•'.',•••.:';'?'.;::<;•
N O T E ; T H E - C O M P A N Y D O E S MDTIUSPEESENT T E A T T H E A H O V E A C n i E A G E OR
SQUARE F O O T A G E C A L C m A T I O N S A B E C O K R E C T .
Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 10 of 38
TRACT 3: ' ^ f - y ^ . •
A METES AND BOUNDS DtSCRIRldN '-OF; A 1.52 ACRE (66,211
sq.ft.) TRACT OF LAND OUT OF LOT 331 AND 382 OF SECTION
ONE, TRIMBLE AND UNDSEi" SURVEY OF GALVESTON ISUND.
GALVESTON COUhfTY, TEXAS TOGETHER WITH ALL OF 1Q5TH STREET
ABANDONED AS PER CITY OF GALVESTON ORDINANCE B3-111
COMMENCING ol o 1/2 Inch iron rod set on the South
rlghi-of-Way line of FM 3005 (300 feel wide) and the centerline
of B o i d 1D5th Street form whtc:h o 1 inch Iron pipe found beors
•N 63-59' E,'2.1 fest;
THENCE North 7rOD' East, along the South right-of-woy line of
FM 3005 0 distonce of 362.93 feet to 1/2 inch Iron rod set
from which o 1 inch iron pipe found bears S B4'Z0' E, 3.3 feet;
THENCE South 25*00' Eosl, o distance of BB.24 feel to o 1/Z
inch iron rod set on the North right-of-woy of Seowoll
Bouievord t o r the i^INT OF BEGINNING of the herein described
tract from which o linch Iron pipe found'hears 5 a7"3r E, 2.4
feet;
THENCE South 25'ao' Eost, o distonce of 101.30 feel to o 1/2
inch iron r o d set o n ttie Njorth foce o f the pile cop of the
Seawall;
THENCE Soutii 55'49' West, olong the North foce of the pile cop
0 distance of 554.64 feet l o o 1/2 iron rod sel on the North
foce of pile cop + / - 10 feel Eosl of the West end ot Seawall
Forking;
THENCE North 3 4 ' i r Y/est, o distonce of ID.0.00 feet to o 1/2
Inch iron rod set on the North righl-of-woy line of Seowoll
Bouievord;
THENCE North 55-49' Eosl, olong the North righl-of-way of
Seowoll Bouievord a distance D( 671.00 feel to the POIhfT OF
BEGINNING.
N O T E : T H E COJlIP ANV DOES NOT REPRESENT T H A T T H E A B O V E A C R E A G E OR
SQUAUE F O O T A G E CALCULATIONS ARE C O R R E C T .
Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 11 of 38
EXHIBIT A-2
UNIT# PLAN DESCRIPTION SQ. F T . TERRACE T O T A L SQ. F T .
201 MONTE CARLO (SK) 2b/2bath 1,385 . 210 1,595
202 C A N N E S (SK) 3b/2bath 1,264 210 1,474
204 ST. B A R T H S (SK) 3b/2bath 1,261 246 1,507
212 IBIZAW 3b/2bath 1,235 361 1,596
215 ST. TROPEZ 2b/2bath 972 358 1,330
216 ACAPULCO 2b/2bath 1,084 246 1,330
218 CAPRI (SK) • 3b/2.5bath 1,637 270 1,907
302 CANNES 3b/2bath ' • 1,264 210 1,474
303 . IBiZA 3h/2bath 1,127 223 1,350
304 ST. BARTHS 3b/2bath 1,261 111 1,372
312 IBIZAW 3b/2bath 1,235 220 1,461
319 ARUBA 1b/1bath 1,058 261 1.319
402 CANNES 3b/2bath- 1,264 210 1,474
404 ST. BARTHS 3b/2bath - 1,261 111 1,372
407 ST. BARTHS 3b/2bath 1,261 111 1,372
409 IBIZAW 3b/2bath 1,235 226 . 1,461
417 IBIZA 3b/2bath 1.127 223 1,350
504 ST. BARTHS 3b/2bath 1,261 111 1,372
507 ST. BARTHS 3b/2bath 1,261 111 1,372
515 ST.TROPEZ 2b/2bath 972 223 1,195
601 MONTE CARLO 2b^bath 1,385 210 . 1,595
608 ST. BARTHS 3b/2bath 1,261 111 1,372
610 IBIZAW 3b/2bath 1,235 • 226 1,461 •
615 ST. TROPEZ 2b/2bath 972 223 .. 1,195
616 ACAPULCO 2b/2bath 1,084 111 1,196
Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 12 of 38
UN1T# PLAN DESCRIPTION SQ. FT. TERRACE T O T A L S Q . FT.
617 IBIZA 3b/2bath 1,127 223 1,350
701 MONTE CARLO 2b/2bath • -1,385 : 210 1,595
703 MAUI P H 3b/3bath .1,471 219 1,690
706 CABO PH 3b/study/3bath 1,772 •227 1,999
707 ST. T R O P E Z W 2b/2bath 1,057 226 1,282
708 ST. T R O P E Z W 2b/2bath 1,057 226 1,282
709 BAHAMA PH 4b/4bath 2,114 452 2.566
711 BAHAMA PH 4b/4bath 2,334 230 2,564
716 CAPRI 3b/2'.5bath . 1,637' 270 1,907
5PH-1 BERMUDA 3b/2bath 1,637 340 1,977
•5PH-2 DIAMOND BEACH 3b/2bath 1,648 . 518 2,166
5PH-3 COSTA RICA • 2b/2bath 1,200 340 1,540
6PH-1 BERMUDA 3b/2bath 1,637- - 170 1,807
6PH-2 DIAMOND BEACH 3b/2bath 1,600 235 1,835
7PH-1 BERMUDA 3b/2bath 1,637 170 1,807
7PH-2 DIAMOND BEACH 3b/2bath 1,648 235 1,883
7PH-3 COSTA RICA 2b/2bath 1,200 170 1.370
TOTALS 148,425 24,270 172,693
Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 13 of 38
BCB (Official Form 6B) (12/07)
In re Diamond Beach VP, LP Case No.
Debtor
SCHEDULE B - PERSONAL PROPERTY
Except as directed beiow, list all personal property of the debtor of whatever kind. If the debtor has no property in one or more ofthe categories, place
an "x" in the appropriate position in the column labeled "None." If additional space is needed in any category, attach a separate sheet properly identified
witli the case name, case number, and the number ofthe category. Ifthe debtor is mairied, state whether husband, wife, both, orthe marital community
own the property by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Community." Ifthe debtor is an individual or a joint
petition is filed, state the amount ofany exemptions claimed only in Schedule C - Property Claimed as Exempt.
Do not list interests In executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and
Unexpired Leases.
Ifthe property is being held forthe debtor by someone else, state that person's name and address under "Description and Location of Property."
If the property is being held for a minor child, simply state the child's initials and the name and address ofthe child's parent or guardian, such as
"A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Banlcr. P. 1007(m).
N Husband, Current Value of
Type of Property 0 Wife, Debtor's Interest in Property,
N Description and Location of Property
Joint, or without Deducting any
E Community Secured Claim or Exemption
1. Cash on hand
Checking, savings or other financial International Bank of Commerce, Account No. 8,375.74
accounts, certificates of deposit, or XXXXXX7459
shares in banks, savings and loan,
thrift, building and loan, and
homestead associations, or credit
unions, brokerage houses, or
cooperatives.
3. Security deposits with public X
utilities, telephone companies,
landlords, and others.
4. Household goods and fiimishings, X
including audio, video, and
computer equipment.
5. Books, pictures and other art X
objects, antiques, stamp, coin,
record, tape, compact disc, and
other collections or collectibles.
6. Wearing apparel. X
7. Furs and jewelry. X
8. Firearms and sports, photographic, X
and other hobby equipment
9. Interests in insurance policies. X
Name insurance company of each
policy and itemize surrender or
refund value of each.
10. Annuities. Itemize and name each X
issuer
Sub-Total > 8,375.74
(Total of this page)
2 continuation sheets attached to the Schedule of Personal Property
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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 14 of 38
BCB (Orndol Form CB) (12/07) - Coot.
In re Diamond Beacli VP, LP Case No.
— — , Debtor '
SCHEDULE B - PERSONAL PROPERTY
(Continuation Slieet)
N. Husband, Cunent Value of
Type of Property H Description and Location of Property Wf' Debtor's Interest iii Property,
^ ^ ^ Joint, or without Deducting any
^ Community Secured Claim or Exemption
11. Interests in an education IRA as X
defined in 26 U.S.C. § 530(b)(1) or
under a qualified State tuition plan
as deiined in 26 U.S.C. § 529(b)(1).
Give particulars. (File separalely the
record(s) of any such interest(s),
IIU.S.C. § 521(c).)
12. Interests in IRA, ERISA, Keogh, or X
other pension or profit sharing
plans. Give particulars.
13. Stoclc and interests in incorporated X
and unincorporated businesses.
Itemize,
14. Interests in partnerships or joint X
ventures. Itemize,
15. Govemment and corporate bonds X
and other negotiable and
nonnegotiable instroraenls.
16. Accounts receivable, X
17. Alimony, maintenance, support, and X
property settlements to which the
debtor is or may be entitled. Give
particulars.
18. Other liquidated debls owed to debtor X
including tax refunds. Give particulars.
19. Equitable orfiitureinterests, life X
estates, and rights or powers
exercisable forthe benefit ofthe
debtor other than those listed in
Schedule A - Real Property.
20. Contingent and noncontingent X
interests in estate of a decedent,
death benefit plan, life insurance
policy, or trust
21. Other contingent and unliquidated List of lawsuits filed by Debtor is attached as - 630,500.00
claims of every nature, including EXHIBIT B-21
tax re funds, counterclaims of the
debtor, and rights to setoff claims.
Give estimated value of each.
Sub-Total > 630,500.00
(Total ofthis page)
Sheet 1 of 2 continuation sheets attached
to the Schedule of Personal Property
Sollwaro CopyriDhl (o| 19S6-2012 - C C H INCORPOFiATED -www.bBElcasB.ajm Best Case BBnl<aipt(7
Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 15 of 38
EXHIBIT B-21
DIAMOND BEACH LITIGATION CLAIMS
1. Diamond Beach VP, LP v. James and Brandy Hallbeclc, Cause N o . 2009-35822;
In fhe 190*'' District Court of Harris County, Texas. Refened to arbitration. Settled prior
to hearing on November 15, 2011. Agreed Final Judgment signed February 13, 2011
awarding $26,500 earnest money to Diamond Beach and an additional award of $50,000
against Hallbeck i n favor of Diamond Beach. Earnest money not yet transferred.
2. Diamond Beach VP, LP v. William B, Hossley, Jr.. Cause N o . 2009-07864; In the
190'"' District Court of Harris County, Texas. Referred to arbitration. Hearing scheduled
to occur April 5, 2012. A t issue are contracts to purchase two units. Earnest money on
deposit is $69,750. Damages sought are difference between contract price and current
fair market value - total of approximately $230,000.
3. Diamond Beach VP, LP v. RH Interests. Inc., Cause No. 2009-07867; In the 270*
District Court of Harris County, Texas, Referred to arbitration. Original arbitrator
resigned. No replacement selected. Parties are attempting settlement. Earnest money on
deposit is $19,744. Unit was resold. Difference between contract amount and resale is
$209,000.
4. Diamond Beach VP, LP v. JeffFIeclc aiid Marie Parsons. Cause N o . 2009-26681;
In the 61^' District Court of Harris County, Texas. Unable to locate good addresses f o r
defendants. Case was dismissed for want of prosecution in June of 2010. Title Company
holding $7,750 in earnest money. Contract price was $455,000. Current list price o f um't
is approximately $340,000. If defendant(s) located w i l l refile.
851155/00002/000219'I7,DOC 1
Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 16 of 38
BCB (Orficial Form 6B) (12/07)- Conl.
In re Diamond Beach VP, LP CaseNo.
Debtor
SCHEDULE B - PERSONAL PROPERTY
(Continuation Slieet)
N Husband, Current Value of
Type of Property 0 Wife, Debtor's Interest in Property,
N Description and Location of Property
Joint, or without Deducting any
E Community Secured Claim or Exemption
22. Patents, copyrights, and other
intellectual property. Give
particulars.
23. Licenses, franchises, and other
general intangibles. Give
particulars.
24. Customer lists or other compilations
containing personally identifiable
Information (as defined in 11 U.S.C.
§ 101(41A)) provided to the debtor
by individuals in connection with
obtaining a product or service firom
the debtor primarily for personal;
family, or household purposes.
25. Automobiles, trucks, trailers, and 1993 Jeep, 2 door (estimate fair market value) 3,000.00
other vehicles and accessories,
25. Boats, motors, and accessories. X
27. Ahcraft and accessories. X
28. Office equipment, fiimishings, and X
supplies.
29. Machinery, fixtures, equipment, and X
supplies used in business.
30. Inventory. X
31. Animals. X
32. Crops - growing or harvested. Give X
particulars.
33. Farming equipment and X
implements,
34. Farm supplies, chemicals, and feed, X
35. Other personal property of any kind X
not already listed. Itemize.
Sub-Total > 3,000.00
(Total of this page)
Total > 641,875.74
Sheet 2 of ^ continuation sheets attached
to tlie Schedule of Personal Property (Report also on Summary of Schedules)
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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 17 of 38
BfiD (Official Form 6D) (12/07)
In re Diamond Beach VP, LP CaseNo.
Debtor
SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS
State tiie name, mailing address, including zip code, and last four digits o f a n y account number o f all entities holding claims secured by property ofthe debtor as of
the date of filing o f the petition. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided
if the debtor chooses to do so. List creditors holding all types o f secured interests such as judgment liens, garnishments, statutory liens, mortgages, deeds o f tnist, and
other security interests.
List creditors in alphabetical order to the extent practicable. If a minor child is a creditor, the child's initials and the name and address o f the child's parent or
guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U . S . C . § 1 1 2 and Fed. R. Bankr. P. 1007(m). Ifall secured
creditors will not fit on this page, use the continuation sheet provided.
If any entity other than a spouse in ajoint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor",include the entity on the appropriate
schedule o f creditors, and complete Schedule H - Codebtors. If a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be
liable on each claim by placing an " H " , "W", "J", or "C" in the column labeled "Husband, Wife, Joint, or Community".
Ifthe claim is contingent, place an "X" in the column labeled "Contingent". Ifthe claim is unliquidated, place an "X" in the column labeled "Unliquidated". Ifthe
claim is disputed, place an "X" in the column labeled "Disputed". (You may need to place an "X" in more than one of these three columns.)
Total the columns labeled "Amount o f Claim Witiiout Deducting Value o f Collateral" and "Unsecured Portion, if Any" in the boxes labeled "Total(s)" on the last
sheet o f the completed schedule. Report the total from the column labeled "Amount of Claim" also on the Summary of Schedules and, if the debtor is an individual with
primarily consumer debts, report the total from the column labeled "Unsecured Portion" on the Statistical Summary o f Certain Liabilities and Related Data,
n Check this box if debtor has no creditors holding secured claims to report on this Schedule D .
c Hu sband. Wife, Joint, or Community 0 U D AMOUNT OF
CREDITOR'S N A M E 0 0 N 1
D H DATE C L A I M WAS INCURRED, N L 8 CLAIM
A N D MAILING ADDRESS E T 1 P WITHOUT UNSECURED
I N C L U D I N G ZIP C O D E , B W N A T U R E OF L I E N , A N D 1 Q U PORTION, IF
T J DESCRIPTION A N D V A L U E N U T
DEDUCTING
AND ACCOUNT NUMBER 0 G i E V A L U E OF ANY
C OF P R O P E R T Y
(See instructions above.) R
SUBJECT TO L I E N
E D D COLLATERAL
N A
T T
Account No. Diamond Beach Condominiums located E
D
at 10327 FM 3005, Galveston, Texas
Diamond Beach Condominium 77554, more particularly described as
Exhibit A-1, Including the land,
Association
Improvements and list of unsold
10327 FM 3005
- condominium units attached as Exhibit
Galveston, TX 77554 A-2.
Values 29,410,000.00 42,680.00 0.00
Account No. Estimated 2012 Property Taxes
Diamond Beach Condominiums located
at 10327 FM 3005, Galveston, Texas
Galveston County Tax Collector 77554, more particularly described as
Cheryl E. Johnson RTA Exhibit A-1, including the land,
722 Moody Avenue improvements and list of unsold
- condominium units attached as Exhibit X
Galveston, TX 77550
A-2.
Values 29,410,000.00 332,048.10 0.00
Account No. Diamond Beach Condominiums located
at 10327 FM 3005, Galveston, Texas
International Bank of Commerce 77554, more particulariy described as
Exhibit A-1, including the land,
5615 Kirby Drive
improvements and list of unsold
Houston, TX 77005
X - condominium units attached as Exhibit X
A-2.
Values 29,410,000.00 27,300,667.00 0.00
Account No.
Value S
Subtotal
0 continuation sheets attached ™ , „ .. 27,675,395.10 0.00
(Total of this page)
Total 27,675,395.10 0.00
(Report on Summary of Schedules)
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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 18 of 38
B6E (Oniciol Form 6E) {-l/IO)
In re Diamond Beach VP, LP CaseNo.
Debtor '
SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS
A complete list of claims entitled to priority, listed separalely by type of priority, is lo be set forth on the sheets provided. Only holders of unsecured claims entilled
to priority should be listed in this schedule. In the boxes provided on Ihe attached sheets, slate the name, mailing address, including zip codo, nnd Inst four digils ofthe
account number, if any, of all entities holding priority claims against Ihe debtor orthe property oftlie debtor, as ofthe date ofthe filing ofthe pelilion. Use a separate
continuation sheet for each type of priority and label each willi the type of priority.
The complete account number ofany account tlie debtor has with tlic creditor is useful lo the hustec and the creditor and may be provided if the debtor chooses to do
so. Ifa minor child is a creditor, state tlie child's initials and the name, and address ofthe child's parent or guardian, suoh as "A.B,, a minor child, by John Doe, guardian."
Do not disclose Ihe child's name. See, II U,S.C. §112 and Fed. R. Banlcr, P. 1007(m).
If any entity other tiian a spouse in ajoint case may bo jointly liable on a claim, plaqe an "X" in the column labeled "Codebtor," include the entity on tlie appropriale
schedule of creditors, and complete Schedule H-Codebtors, If ajoint petition is filed, state whether the husband, wife, both of them, or the marital communily may be
liable on each claim by placing an "H," "W," "J," or "C" in the column labeled "Husband, Wife, Joint, or Communily." Ifthe claim is contingent, place an "X" in the
column labeled "Contingent," If the claim is unliquidated, place an "X" in the column labeled "Unliquidated." If the claim is dispuled, place an "X" in the column labeled
"Disputed." (You may need to place an "X" in more than one of those lliree columns.)
Report tlie tolal ofclaims listed on each sheet in the box labeled "Subtotals" on each sheet. Report die total ofall claims listed on this Schedule E in the box labeled
"Total" on the last sheel ofthe completed schedule. Report this total also on the Summary of Schedules.
Report the total of amounts entitled lo priority listed on each sheet in the box labeled "Subtotals" on each sheet. Report the tolal of all amounts enlilled to priority
lisled on litis Schedule E in die box labeled "Totals" on the last sheet ofthe completed schedule, hidividual debtors with primarily consumer debts report this total
also on the Statistical Summary of Cerlain Liabilities and Related Data.
Report the total of amounts not entitled to priority listed on each sheet In the box labeled "Subtotals" on each sheet. Report the total ofall amounts not entitled to
priority listed on tliis Schedule E in the box labeled "Totals" on the last sheet of the completed schedule. Individual debtors with primarily consumer debts report this
total also on tlte Sladstiial Summary of Certain Liabilities and Related Data.
B Check this box if deblor has no creditors holding unsecured priority claims to report on this Schedule E .
TYPES OF PRIORITV CLAIMS CCheok the appropriate box{es) below if claims in thai category nre listed on the attached shoots)
• Domestic support obligations
Claims for domestic support that are owed to or recoverable by a spouse, fonner spouse, or child ofthe debtor, or the parent, legal guardian, or responsible relative
ofsuch a child, or a govemmental unit to whom suoh a domestic support claim has been assigned to the extent provided in 11 U.S.C. § 507(a)(1).
• Extensions of credit in nn involuntary case
Claims arising in the ordinary course ofthe debtor's business or financial affairs after the commencement ofthe case but before the earlier of the appointment ofa
trustee or the order for relief 11 U.S.C. § 507Ca)(3).
• Wages, salaries, and commissions
Wages, salaries, and oommisGions, including vacation, severance, and sick leave pay owing to employees and commissions owing to qualifying Independent sales
representatives up to II 1,725» per person eamed within ISO days immediately preceding tlio filing ofthe original petition, or the cessation o f business, whichever
occunred first, lo Ihe extent provided in 11 U.S.C. § S07(a){4).
• Contributions to employee benelit plans
Money owed to employee benefit plans for services rendered wiihin 180 days immediately preceding the filing ofthe original petition, or die cessation of business,
whichever occurred first, to the extent provided in 11 U.S.C. § 507(a)(5).
• Certain farmers and fishermen
Claims of certain fanners and fishermen, up lo $5,775'* per farmer orfisherman,against the deblor, ns provided in 11 U.S.C. § 507(aX6).
• Deposits by individuals
Claims of individuals up lo J2,600* for deposits for the purchase, lease, or rental of property or services for personal, family, or household use, lhal were nol
delivered or provided. II U.S.C. S 507(a)(7).
• Taxes nnd certain other debts owed to governmental units
Taxes, customs duties, and penalties owing to federal, state, and local govemmental units as set forth in 11 U.S.C. § 507(a)(8),
• Commitments to maintain the capital of an insured depository institution
Claims based on commitments to Ihe FDIC, RTC, Director oflhc Office of Thrift Supervision, Comphollcr of the Currency, or Board of Governors ofthe Federal
Reserve System, or their predecessors or successors, to maintnin the capital ofan insured depository instihilion. 11 U.S.C, § 507 (a)(9),
• Claims for death or personal injury while debtor was intoxicated
Claims for death or personal injury resulting Jiom Iho operation of a molor vehicle or vessel while the deblor was intoxicated from using alcohol, a drug, or
anodier substance. 11 U.S.C. § 5fl7(a)(I0).
Amomil siibjecl to atlJusliiKnt mi 4/01/13, md every Ihree years ihereqfler with respecl la cases eammenced an nr afler the dale of adjuslmeni,
_0 continuation sheets attached
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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 19 of 38
B6F(Officinl F o r m 6F) (12/07)
In re Diamond Beach VP, LP CaseNo.
Debtor '
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
Slale tile name, mailing address, inoludingzip code, and last four digits of any account number, ofall entities iiolding unsecured claims without priorily against the
debtor or the property of the debtor, as of tlic date of filing of the petition. The complete account number of any account the deblor has with the creditor is useful to the
tmstee and the creditor and may be provided if the debtor chooses to do so. If a minor child Is a credilor. state the child's initials and the name and address of the child's
parent or guardion, suoh as "A.B., a minor child, by John Doc, guardian." Do nol disclose the child's name, See, II U.S.C. §112 and Fed. R. Bankr. P. 1007(m). Do not
include claims listed in Schedules D and E, Ifall creditors will not fit on litis page, use Ihe continuation sheet provided.
If any entity other than o spouse in ajoint case may be jointly liable on a claira, place on "X" in the column labeled "Codebtor," include the entity on the appropriate
schedule of creditors, and complete Schedule H - Codebtors, If a joint petition is filed, slale whether tlie husband, wife, both of Ihem, or the marital community may be
liable on each claim by placing an "H," "W," "J," or "C" in tlte column labeled "Husband, Wife, Joint,'or Communify."
Iflhe claim is contingent, place an "X° in the column labeled "Contingenl." [f the claim is unliquidated, place an "X" in the column labeled "Unliquidaled." If Uie
claim is disputed, place an "X" in the column labeled "Dispuled." (You may need lo place an "X" in more Uian one of Uiese three columns.)
Report the total ofall claims listed on this schedule in the box labeled "Tolal" on the last sheet of Uie completed schedule. Report this total also on the Summary of
Schedules and, ifthe deblor is anindividuol widi primarily consumer debts, report Uiis total also on the Statistical Summary of Certain Liabilities and Related Data.
D Check Uiis box if debtor has no creditors holding unsecured claims to report on Uiis Schedule F.
CREDITOR'S NAME, c Husband, Wife. Jolnl, or Community c U D
0 0 N 1
MAILING ADDRESS D H N L E
INCLUDINQ ZIP CODE, E DATE CLAIM WAS INCURRED AND T 1 P
W
a CONSIDERATION FOR CLAIM. IF CLAIM 1 Q U
A N D ACCOUNT NUMBER J N U T AMOUNT OF CLAIM
(See instructions above.) T IS SUBJECT TO SETOFF, SO STATE. G 1 E
0 c E D D
R N A
Account No, T T
E
D
Andrews IVlyers P.C.
3900 Essex Lane, Suite BOO -
Houston, TX 77027
27,997.11
Account No.
Centrade USA Inc.
4265 San Felipe, Suite 220 -
Houston, TX 77027
3,139.25
Account No.
Element Architects
6213 Skyline Drive Suite 200 -
Houston, TX 77057
3,200.00
Account No.
Good Project
5455 Dashwood, Suite 200 -
Bellaire, TX 77401
2,044.47
Subtotal
2 continuation sheets attached 36,380,83
(Total of this page)
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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 20 of 38
B6F (Omciol Form CF) (12/07) - Cont.
In re Diamond Beach VP, LP Case N o .
Debtor '
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
(Continuation Slicet)
c Husband, Wife, Joint, or Communitj' 0 u D
CREDITOR'S NAME, Q 0 N I
MAILING ADDRESS • H N L S
INCLUDINQ ZIP CODE,
E
W
DATE CLAIM WAS INCURRED AND T 1 P
B 1 0 U
AND ACCOUNT NUMBER T J
CONSIDERATION FOR CLAIM, IF CLAIM U T
0 IS SUBJECT TO SETOFF, SO STATE,
N
G 1 E
AMOUNT OF CLAIM
(See instructions above.) R
c 6 D D
N A
T T
Account No. E
D
Green Mountain Energy
P 0 Box 650001 -
Dallas, TX 75265
1,757.92
Account No,
Gulf Coast A/C
38 Bock Bay Circle -
Galveston, TX 77551
576.97
Account No.
Gulf Coast Pavers
c/o Jeffrey Tompkins - X X X
Law Office of Jeffrey J. Tompkins
1413 Brittmoore Road
Houston, TX 77043 129,232.00
Account No.
Luxury Baths by Arrow
P 0 Box 40592 -
Houston, TX 77240
430,00
Account No.
Martie Terry
7812 Channelview -
Galveston, TX 77554
3,000,00
Slieet no. 1 of 2 sheets attached to Schedule of Subtotal
134,996.89
Creditors Holding Unsccurod Nonpriority Claims (Total of this page)
Sottware CopyrighHc) ig9S-2012-CCH INCORPORATED-VMrw.baslcas0.com Bact CQEQ Bankruptcy
Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 21 of 38
B6F (Ofncinl Form 6F) (12/07) - Cont,
In re Diamond Beacli VP, LP Case No.
Debtor
SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS
(Continuation Sheet)
Husband, Wile, Joint, or Community
CJIEDITOR'S NAME,
MAILING ADDRESS
INCLUDING ZIP CODE, DATE CLAIM WAS INCURRED AND
A N D ACCOUNT NUMBER CONSIDERATION FOR CLAIM, IF CLAIM
IS SUBJECT TO SETOFF, SO STATE, AMOUNT OF CLAIM
(See instructions above.)
Account No.
Pace Property Tax Service
7702 FIVI1960 E., Suite 116
Humble, TX 77346
12,000.00
Account No.
Papercity Magazine
O
3411 Richmond Ave., SUIte B O
Houston, TX 77046
3,000.00
Account No, Loan
Randall J . Davis
1210 West Clay, Suite 10
Houston, TX 77019
375,000.00
Account No,
Robinson & Associates
1700 Main St., Suite 2A
Houston, TX 77002
800.00
Account No.
Sterling Express Services
1940 Fountainview Drive
Suite 508
Houston, TX 77057
63.00
Sheet no. _2 of _2 sheets attached to Scliedule of Subtotal
390,863.00
Creditors Holding Unsecured Nonpriority Claims (Total ofthis page)
Total
(Report on Summary of Schedules) 562,240.72
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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 22 of 38
B5G (OmcinI Form 6G) (12/07)
In re Diamond Beacli VP, LP Case No.
Debtor
SCHEDULE G - EXECUTORY CONTRACTS AND UNEXPKED LEASES
Describe all executaiy contracts of any nature and all unexpired leases of real or personal property. Include any timeshare interesls. State nature
of debtor's interest in contract, i.e., "Purchaser", "Agent", etc. State whether debtor is the lessor or lessee of a lease. Provide the names and
complete mailing addresses of all other parties to each lease or contract described. Ifa minor child is a part/^ to one ofthe leases or contracts,
state the child's initials and the name and address ofthe child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian," Do not
disclose the child's name. See, 11 U.S,C. §112 and Fed, R, Bankr. P. 1007(m),
• Check tills box if debtor has no executory contacts or unexpired leases.
Description of Contract or Lease and Nature of Debtor's Interest,
Name and Mailing Address, Including Zip Code, State whether lease is for nonresidential real property.
of Other Parties to Lease or Contract State contract number of any government contract
Diamond Beach Condominium Association Condominium Declaration
10327 FIVI 3005
Galveston, TX 77554
Green Mountain Energy Energy Services Agreement, Customer Specific
300 W. eth St., Suite 900 Terms, Fixed Rate Plan dated March 9, 2011,
Austin, TX 78701 terminates May 5, 2012
0
continuation sheets attached to Schedule of Executory Contracts and Unexpired Leases
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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 23 of 38
B6H (Omcinl Form 6H) (13/07)
In re Diamond Beach VP, LP Case N o .
Debtor
SCHEDULE H - CODEBTORS
Provide the infonnation requested conceming any person or entity, other than a spouse in ajoint case, that is also liable on any debts listed
by debtor in the schedules of creditors. Include all guarantors and co-signers. Ifthe debtor resides or resided in a community property state,
commonwealth, or tenritory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or
Wisconsin) within the eight year period immediately preceding the commencement of tlie cose, identify the name ofthe debtor's spouse and of
any former spouse who resides or resided with the debtor in the community property state, commonwealth, or territory. Include all names used
by the nondebtor spouse during the eight years immediately preceding the commencement of this case. If a minor child is a codebtor or a creditor,
stole the child's mitials and tlie name and address of the child's parent or guardian, suoh as "A,B., a minor child, by John Doe, guardian," Do not
disclose tlie child's name. See, 11 U.S.C. §112 and Fed. R, Bankr. P. 1007(m),
• Check this box if debtor has no codebtors.
N A M E AND ADDRESS OF CODEBTOR N A M E AND ADDRESS OF CREDITOR
Gary T. Leach International Bank of Commerce
1210 W. Clay, Suite No. 10 5615 Kirby Drive
Houston, TX 77019 Houston, TX 77005
Randall J. Davis International Bank of Commerce
1210W.CIay, SulteNo. 10 5615 Kirby Drive
Houston, TX 77019 Houston, TX 77005
0
continuation sheets attached to Schedule of Codebtors
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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 24 of 38
Bfi Declonitioii (Ofliclal Form 6 - Dcdnrnlion). (12/07)
United States Bankruptcy Court
Southern District ofTexas
In re Diamond Beach VP, LP Case No.
Debtor(s) Cliapter _11 '
DECLARATION CONCERNING DEBTOR'S SCHEDULES
DECLARATION UNDER P E N A L T Y OF PERJURY ON B E H A L F OF CORPORATION OR PARTNERSHIP
I, the Diamond Beach GP L L C ofthe partnership named as debtor in this case, declare under penalty o f
perjury that Ihave read the foregoing summary and schedules, consistuig of 13 s h e ^ a n d that they are true and
correct to the best of my knowledge, information, and belief.
Date '1/1 [ Signature
Randall J. Davis, Maijpger/of \p
Diamond Beach G P L L C
Penalty for making a false statement or concealing property; Fine of up to 5500,000 or unprisonment for up to 5 years or both.
I S U . S . C . §§ 152 and 3571.
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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 25 of 38
B7 (Official Form 7) (04/10)
United States Bankruptcy Court
Southern District of Texas
In re Diamond Beach VP, LP Case No.
Debtor(s) Cliapter 11
STATEMENT OF FINANCIAL AFFAIRS
This statement is to be completed by every debtor. Spouses filing ajoint petition may file a single statement on which the information for
both spouses is combined. If the case is filed under chapter 12 or chapter 13, a married debtor must fumish information for both spouses whether or
not ajoint petition is filed, unless the spouses are separated and ajoint petition is not filed. A n individual debtor engaged in business as a sole
proprietor, partner, family farmer, or self-employed professional, should provide the information requested on this statement concerning all such
activities as well as the individual's personal affairs. To indicate payments, transfers and the like to minor children, state the child's initials and the
name and address of the child's pai-ent or guardian, such as " A . B . , a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11
U.S.C. § 112; Fed. R. Banla. P. 1007(m).
Questions 1 -18 are to be completed by all debtors. Debtors that are or have been in business, as defined below, also must complete
Questions 1 9 - 2 5 . If the answer to an applicable question is "None," mark the box labeled "None." If additional space is needed for the answer
to any question, use and attach a separate sheet properly identified with the case name, case number (if known), and the number of the question.
DEFINITIONS
"In business." A debtor is "in business" for the purpose of this form if the debtor is a corporation or partnership. A n individual debtor is "in
business" for the purpose ofthis form if the debtor is or has been, within six years immediately preceding the filing of this bankruptcy case, any of
the following: an officer, director, managing executive, or owner of 5 percent or more of the voting or equity securities of a corporation; a partner,
other than a limited partner, of a partnership; a sole proprietor or self-employed full-time or part-time. A n individual debtor also may be "in business"
for the purpose of this form if the debtor engages in a trade, business, or other activity, other than as an employee, to supplement income from the
debtor's primary employment.
"Insider." The term "insider" includes but is not limited to: relatives of the debtor; general partners of the debtor and their relatives;
corporations of which the debtor is an officer, director, or person in control; officers, directors, and any owner of 5 percent or more of the voting or
equity securities of a corporate debtor and their relatives; affiliates ofthe debtor and insiders of such affiliates; any managing agent of the debtor. 11
U.S.C. § 101.
1. Income from employment or operation of business
State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's
business, including part-time activities either as an employee or in independent trade or business, from the beginning of this calendar
year to the date this case was commenced. State also the gross amounts received during the two years immediately preceding this
calendar year. (A debtor that maintains, or has maintained, financial records on the basis of a fiscal rather than a calendar year may
report fiscal year income. Identify the beginning and ending dates of the debtor's fiscal year.) If ajoint petition is filed, state income for
each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income of both spouses whether or not ajoint
petition is filed, unless the spouses are separated and ajoint petition is not filed.)
AMOUNT SOURCE
$101,600.00 2012 YTD: Total income mcluding miscellaneous income
$7,695,021.48 2011: Total income including miscellaneous income
$21,002,366.26 2010: Total income including miscellaneous income
2. Income other than from employment or operation of business
State the amount of income received by the debtor other than from employment, trade, profession, or operation of the debtor's business
during the two years immediately preceding the commencement of this case. Give particulars. If ajoint petition is filed, state income for
each spouse separately. (Manned debtors filing under chapter 12 or chapter 13 must state income for each spouse whether or not ajoint
petition is filed, unless the spouses are separated and ajoint petition is not filed.)
AMOUNT SOURCE
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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 26 of 38
2
3. Payments to creditors
None Complete a. or b., as appropriate, and c.
a. Individual or Joint debtor(s) with primarily consumer debts. List all payments on loans, installment purchases of goods or services,
and other debts to any creditor made within 90 days immediately preceding the commencement of this case unless the aggregate value
of all property that constitutes or is affected by such transfer is less than $600. Indicate with an (*) any payments that were made to a
creditor on account of a domestic support obligation or as part of an altemative repayment schedule under a plan by an approved
nonprofit budgeting and credit counseling agency. (Married debtors filing under chapter 12 or chapter 13 must include payments by
either or both spouses whether or not ajoint petition is filed, unless the spouses are separated and ajoint petition is not filed.)
N A M E A N D ADDRESS D A T E S OF A M O U N T STILL
OF C R E D I T O R PAYMENTS A M O U N T PAID OWING
None b. Debtor whose debts are not primarily consumer debts: List each payment or other transfer to any creditor made within 90 days
• immediately preceding the commencement ofthe case unless the aggregate value o f a l l property that constitutes or is affected by such
transfer is less than $5,850*. Ifthe debtor is an individual, indicate with an asterislc (*) any payments that were made to a creditor on
account of a domestic support obligation or as part of an altemative repayment schedule under a plan by an approved nonprofit
budgeting and credit counseling agency. (Married debtors filing under chapter 12 or chapter 13 must include payments and other
transfers by either or both spouses whether or not ajoint petition is filed, unless the spouses are separated and ajoint petition is not
filed.)
AMOUNT
D A T E S OF PAID OR
PAYMENTS/ V A L U E OF A M O U N T STILL
N A M E A N D A D D R E S S OF CREDITOR TRANSFERS TRANSFERS OWING
Galveston County Tax Collector 1/30/2012 $332,048.10 $0.00
Cheryl E. Johnson RTA
722 Moody Avenue
Galveston, TX 77550
Diamond Beach Condominium Association 1/30/2012 $75,200.00 $42,680.00
10327 FM 3005
Galveston, TX 77554
Andrews Myers P.C. 1/30/2012 $23,006.98 $27,997.11
3900 Essex Lane, Suite 800
Houston, TX 77027
Diamond Beach Condominium Association 2/28/2012 $39,170.00 $0.00
10327 FM 3005
Galveston, TX 77554
None c. All debtors: List all payments made within one year immediately preceding the commencement of this case to or for the benefit of
• creditors who are or were insiders. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both
spouses whether or not ajoint petition is filed, unless the spouses are separated and ajoint petition is not filed.)
N A M E A N D A D D R E S S OF C R E D I T O R A N D A M O U N T STILL
RELATIONSHIP T O D E B T O R D A T E OF P A Y M E N T A M O U N T PAID OWING
Randall Davis Company See attached Exhibit SOFA $0.00 $0.00
1210 W. Clay, Suite No. 10 3C&10
Houston, TX 77019
GT Leach Builders, LLC See attached Exhibit S O F A $0.00 $0.00
1210 West Clay, Suite 10 3C&10
Houston, TX 77019
' Amount subject to adjustment on 4/01/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment.
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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 27 of 38
3:44 PM
Diamond Beach V P , L P
Vendor Balance Detail
As of Majg.h^31j2012
Type Dale Num Amount Reason
Randall Davis Company
Check 03/24/2010 2366 2000 • Accounls Payable (15,000.00) Developer Fee
Gheok • 05/24/2010 2430 2000 - Accounls Payable (30,000.00) Developer Fee
Check 12/01/2010 2SB5 2000 • Accounls Payable (4B,00Q.0D) Developer Fee
Check 01/17/2011 257H 2000 • Accounls Payable (45,000.00) DeuelDper F E B
Check 03/04/2011 2582 2000 • Accounts Payable (45,000.00) Dsveloper Fee
Check 04/18/2011 2510 2000'' Accounts PsyahlE (30,000.00) Developer Fee
Check 05/27/2011 2826 2000 '' Accounls Payable (15,000.00) DBveloper Fee
Chech 06/23(2011 2649 2000 • AocountB Payable (45,000,00) Developer Fee
Check 10/11/2011 2BB4 2000 • Accounts Payable (15,000.00) Developer Fee
Check 11/14/2011 267B 2000' Accounts Payable (15,000,00) Developer Fee
Check 01/30/2012 26S3 2DQD' Accounts Payable (10.000.00) Developer Fee
1 Davis Company (310.000.00)
TOTAL (310,000.00)
Page 1 of 1
Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 28 of 38
1:43 PM
Diamond Beach V P , L P
03/27/12
Vendor Balance Detail
A s o f M a r c h 3-1, 2012
Typo Data Nutn Account Amounl Reaeoh
GTLeachBuildBis, L L C
Bill Pml -Check 03/24/2D10 2357 •
2000 ' Accounts Payable (1.311,945.00) pay a p p 33
Bill Pml -Check 04/22/201D •2390 2000 • Accounls Payable (203.271.20) pay a p p 3 4
Bill Pml -Check OS/24/201 Q 2426, 2000'• Accounls Payable (2B6.6B0.O0) S O I revisions, pay a p p 34 balance a n d
Bill Pml -Check 07/01/2010 2-156 2000 • Acojunts Payable (14,079.00) storage r o o m a n d units 5 0 8 / 2 0 B
Bill Pml -Check 07/02/2010 2475 2000 • Accounls Payable (47.B15.00) pay a p p 3 5
Bill Pml -Check 09/24/2010 2528 2000 • Accounts Payable (1.255.78) reim
Bill Pml -Chack 12/01/2010 2563 2000'• Accounts Payable (45.000.00) pay a p p 3 7
Credii 12/31/2011 charge off 2000 • Accounls Payable (1.055.00)
Tolal GT Leach Builders. LLC (1,911,110,88)
TOTAL (1,911,110.98)
Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 29 of 38
3
4. Suits and administrative proceedings, executions, garnishments and attachments
None a. List all suits and administrative proceedings to which the debtor is or was a paity within one year immediately preceding the filing of
• this bankruptcy case. (Married debtors filing under chapter 12 or chapter 13 must include information conceming either or both spouses
whether or not ajoint petition is filed, unless the spouses are separated and ajoint petition is not filed.)
C A P T I O N OF SUIT N A T U R E OF C O U R T OR A G E N C Y STATUS OR
AND CASE NUMBER PROCEEDING AND LOCATION DISPOSITION
Cause No. 2012-12991; International Bank of Breacli of 165th District Court of Harris County, Case
Commerce v. Randall J . Davis, Davis 2010 Contract Texas dismissed
Partnership, Ltd., Gary T. Leach, G&S Leach March 12,
Family Partnership, Ltd., Diamond Beach VP, LP, 2012
and Diamond Beach GP, LLC
See list of lawsuits attached as EXHIBIT SOFA
4A
Case #2011-25223; Gulf Coast Pavers, Inc. vs. Debt Collection 334th District Court of Harris County, Pending
Diamond Beach VP, LP Texas
No. 70 148 Y 00153 12, International Bank of Breach of American Arbitration Association Pending
Commerce and Randall J . Davis and Gary T. Contract
Leach and Diamond Beach VP, LP and Diamond
Beach GP, L L C
None b. Describe all property that has been attached, garnished or seized under any legal or equitable process within one year immediately
• preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning
property of either or both spouses whether or not ajoint petition is filed, unless the spouses are separated and ajoint petition is not
filed.)
N A M E A N D A D D R E S S OF P E R S O N FOR W H O S E DESCRIPTION A N D V A L U E OF
B E N E F I T P R O P E R T Y W A S SEIZED D A T E OF SEIZURE PROPERTY
5. Repossessions, foreclosures and returns
None List ^11 propeity that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed in lieu of foreclosure or
• retumed to the seller, within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12
or chapter 13 must include information conceming property of either or both spouses whether or not ajoint petition is filed, unless the
spouses are separated and ajoint petition is not filed.)
D A T E OF REPOSSESSION,
N A M E A N D A D D R E S S OF FORECLOSURE SALE DESCRIPTION A N D V A L U E OF
CREDITOR OR SELLER TRANSFER OR RETURN PROPERTY
6. Assignments and receiverships
None 2 Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the commencement of
B this case. (Married debtors filing under chapter 12 or chapter 13 must include any assignment by either or both spouses whether or not a
joint petition is filed, unless the spouses are separated and ajoint petition is not filed.)
D A T E OF
N A M E A N D A D D R E S S OF A S S I G N E E ASSIGNMENT T E R M S OF A S S I G N M E N T O R S E T T L E M E N T
None b. List all property which has been in the hands of a custodian, receiver, or court-appointed official within one year immediately
• preceding the commencement ofthis case. (Married debtors filing under chapter 12 or chapter 13 must include information conceming
property of either or both spouses whether or not ajoint petition is filed, unless the spouses are separated and ajoint petition is not
filed.)
N A M E AND LOCATION
N A M E A N D ADDRESS OF C O U R T DATEOF DESCRIPTION A N D V A L U E OF
OFCUSTODLAN C A S E TITLE & N U M B E R ORDER PROPERTY
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Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 30 of 38
EXmBIT SOFA 4A
DIAMOND BEACH LITIGATION/ARBITRATION
*)
(Pending cases are marked with " "
1. Diamond Beach VP, LP v. Donald Weatherby Artistic Plastics and Fixtures, Inc.,
Cause N o . 352-240661-09; In fhe 352"'' District Court of Tarrant County, Texas.
Referred to arbitration. Settled prior to hearing on February 17, 2011. Order dismissing
case signed February 28, 2011. Weatherby forfeited $24,000 earnest money + interest
accrued in Title Company to Diamond Beach.
2. Matt and Sara Hawkes v. Diatnond Beach VP, LP, Cause N o . 2009-34487; In the
270"' District Court of Harris County, Texas. Referred to arbitration. Settled with buyer
finding substitute buyer for unit at issue. Case dismissed May, 2011.
3. Diamond Beach VP. LP v. Njeri Harper. Cause N o . 2009-26435; In the 127""
District Court of Harris County, Texas. Fmal Summary Judgment signed July 22, 2011,
Court awarded earnest money, interest and $5,000 i n attomeys' fees to Diamond Beach.
Title Company paid $21,924.28 to Diamond Beach on September 12, 2011. Attorneys'
fees uncollected,
4. DiamondBeach VP. LP v. Brooke Thompson, CauseNo. 2009-07599; In the IIS"'
District Court of Harris County, Texas. Referred to arbitration. Settled prior to hearing
on August 29, 2011. Order dismissing case signed September, 2011. Thompson
forfeited $26,750 earnest money + interest accmed i n Title Company to Diamond Beach.
5. Diamond Beach VP, LP v. Ray and Jeri Daniel, Cause N o . 2009-16806; In the
333'''' District Couii o f Harris County, Texas. Referred to arbitration. Settled prior to
hearing on November 21, 2011. Order dismissing case signed November, 2011. Daniels
forfeited $24,492.50 earnest money + accrued interest in Titie Company to Diamond.
Beach + refund of Daniel's share of arbitrator fee refund of $250.
6. DiamondBeach VP, LP v, James and Brandy Hallbeck. Cause N o . 2009-35822;
In the 190"' District Court of Harris County, Texas. Referred to arbitration. Settled prior
to hearing on November 15, 2011. Agreed Final Judgment signed February 13, 2011
awarding $26,500 earnest money to Diamond Beach and an additional award of $50,000
against Hallbeck in favor of Diamond Beach, Earnest money not yet tiansferred.
7. DiamondBeach VP, LP v. Larry K Focht, Cause N o . 2010-76629; In the 295""
District Court of Harris County, Texas. Referred to arbitration. Case settled January 30,
2012, Order dismissing case signed February 9, 2012. Focht and Diamond Beach spht
earnest money deposit with $10,000 to Focht and $42,500 to Diamond Beach.
8. DiamondBeach VP. LP v. Brown Family Partners. Cause N o . 2011-67162; hi the
151^' District Court of Harris County, Texas. Case settled before motion to refer to
851155/00002/00021946.DOC 1
Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 31 of 38
ai-bitration heai'd. Ordei dismissmg case signed February, 2012. Browns forfeited
$54,100 earnest money to'Diamond Beach and paid an additional $5,000.
*9. DiamondBeach VP. LP v. William B. Hossley. Jr., CauseNo. 2009-07864; la the
190'''District Court of Harris County, Texas. Referred to arbitration. Hearing scheduled
to occur April 5, 2012. A t issue are contracts to purchase two units. Earnest money on
deposit is $69,750. Damages sought are difference between contract price and current
fair market value - total of approximately $23 0,000.
*10. Diamond Beach VP. LP v. RH Interests. Inc.. Cause No. 2009-07867; In the 270"^
District Court of Harris County, Texas. Referred to arbitration. Original arbitrator
resigned. No replacement selected, Parties are attempting settlement. Earnest money on
deposit is $19,744. Unit was resold. Difference between contract amount and resale is
$209,000,
11. Diamond Beach VP. LP v. Jeff Fleck and Mark Parsons. Cause N o . 2009-26681;
In the 61^' District Court of Harris County, Texas. Unable to locate good addresses for
defendants. Case was dismissed for want of prosecution in June of 2010. Title Company
holding $7,750 i n earnest money. Contract price was $455,000. Current list price of unit
is approximately $340,000. If defendant(s) located wiU refile.
851155/00002/00021946.000 1
Case 12-10175 Document 1 Filed in TXSB on 04/02/12 Page 32 of 38
4
7. Gifts
None List all gifts or charitable contributions made within one year immediately preceding the commencement of this case except ordinary
and usual gifts to family members aggregating less than $200 iii value per individual family member and charitable contributions
aggregating less than $100 per recipient. (IVIarried debtors filing under chapter 12 or chapter 13 must include gifts or contributions by
either or both spouses whether or not ajoint petition is filed, unless the spouses are separated and ajoint petition is not filed.)
N A M E A N D A D D R E S S OF RELATIONSHIP TO DESCRIPTION A N D
PERSON OR ORGANIZATION DEBTOR, IF A N Y D A T E OF GIFT V A L U E OF GIFT
8. Losses
None List all losses from fire, theft, other casualty or gambling within one year immediately preceding the commencement of this case or
since the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include losses by either or both
spouses whether or not ajoint petition is filed, unless the spouses are separated and ajoint petition is not filed.)
DESCRIPTION OF C I R C U M S T A N C E S A N D , IF
DESCRIPTION A N D V A L U E LOSS W A S C O V E R E D IN W H O L E OR IN P A R T
OF P R O P E R T Y B Y INSURANCE, GIVE PARTICULARS D A T E OF LOSS
9. Payments related to debt counseling or bankruptcy
None List all payments made or property transferred by or on behalf of the debtor to any persons, including attorneys, for consultation
^ concerning debt consolidation, relief under the bankruptcy law or preparation ofthe petition in bankruptcy within one year immediately
preceding the commencement of this case.
D A T E OF P A Y M E N T , A M O U N T OF M O N E Y
N A M E A N D ADDRESS N A M E OF P A Y O R IF OTHER OR DESCRIPTION A N D V A L U E
OF P A Y E E THAN DEBTOR OF P R O P E R T Y
Hoover Slovacek LLC 2/28/2012; Diamond Beach VP, LP $50,000.00;
5847 San Felipe, Suite 2200 4/2/2012; Diamond Beach VP, LP $29,377.28
Houston, TX 77057
10. Other transfers
None a. List all other property, other than property transferred in the ordinary course of the business or financial affairs of the debtor,
• transferred either absolutely or as security within two years immediately preceding the commencement of this case. (Married debtors
filing under chapter 12 or chapter 13 must include transfers by either or both spouses whether or not ajoint petition is filed, unless the
spouses are separated and ajoint petition is not filed.)
N A M E A N D A D D R E S S OF T R A N S F E R E E , DESCRIBE PROPERTY TRANSFERRED
R E L A T I O N S H I P TO D E B T O R DATE AND VALUE RECEIVED
Randall J . Davis November 2010 $300,000 loan repayment
1210 WestClay, Suite 10
Houston, TX 77019
Limited Partner
Randall Davis Company See attached Exhibit SOFA 3C & 10.
1210 West Clay, Suite 10
Houston, TX 77019
GT Leach Builders, LLC See attached Exhibit SOFA 3C & 10
1210 WestClay, Suite 10
Houston, TX 77019
None b. List all property transferred by the debtor within ten years immediately preceding the commencement of this case to a self-settled
• trust or similar device of which the debtor is a beneficiary.
N A M E OF T R U S T OR O T H E R A M O U N T OF M O N E Y O R DESCRIPTION A N D
DEVICE DATE(S) OF V A L U E OF P R O P E R T Y OR DEBTOR'S INTEREST
TRANSFER(S) IN P R O P E R T Y
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11. Closed financial accounts
None List all financial accounts and instruments tield in the name of the debtor or for the benefit ofthe debtor which were closed, sold, or
l-l otherwise transferred within one year immediately preceding the commencement of this case. Include checking, savings, or other
financial accounts, certificates of deposit, or other instruments; shares and share accounts held in banks, credit unions, pension fiinds,
cooperatives, associations, brokerage houses and other financial institutions. (Married debtors filing under chapter 12 or chapter 13 must
include information conceming accounts or instruments held by or for either or both spouses whether or not ajoint petition is filed,
unless the spouses are separated and ajoint petition is not filed.)
T Y P E OF A C C O U N T , L A S T F O U R
DIGITS OF A C C O U N T NUiVlBER, A M O U N T A N D D A T E OF S A L E
N A M E A N D A D D R E S S OF INSTITUTION A N D A M O U N T OF F I N A L B A L A N C E OR CLOSING
International Bank of Commerce Checking Account No. 1110522940 $0; Closed 02/22/12
5615 Kirby Drive
Houston, TX 77005
12. Safe deposit boxes
None List each safe deposit or other box or depository in which the debtor has or had securities, cash, or other valuables within one year
• immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include boxes or
depositories of either or both spouses whether or not ajoint petidon is filed, unless the spouses are separated and ajoint petition is not
filed.)
N A M E S A N D ADDRESSES
N A M E A N D A D D R E S S OF B A N K OF T H O S E WITH A C C E S S DESCRIPTION D A T E OF T R A N S F E R OR
OR O T H E R D E P O S I T O R Y TO B O X OR D E P O S I T O R Y OF C O N T E N T S S U R R E N D E R , IF A N Y
13. Setoffs
Noie List all setoffs made by any creditor, including a bank, against a debt or deposit ofthe debtor within 90 days preceding the
B commencement ofthis case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both
spouses whether or not ajoint petition is filed, unless the spouses are separated and ajoint petition is not filed.)
N A M E A N D A D D R E S S OF CREDITOR D A T E OF SETOFF A M O U N T O F SETOFF
14. Property held for another person
None List all property owned by another person that the debtor holds or controls.
N A M E A N D A D D R E S S OF O W N E R DESCRIPTION A N D V A L U E OF P R O P E R T Y L O C A T I O N OF P R O P E R T Y
15. Prior address of debtor
None Jf the debtor has moved within three years immediately preceding the commencement of this case, list all premises which the debtor
• occupied during that period and vacated prior to the commencement of this case. If ajoint petition is filed, report also any separate
address of either spouse.
ADDRESS N A M E USED D A T E S OF O C C U P A N C Y
16. Spouses and Former Spouses
If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho,
Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within eight years immediately preceding the
commencement ofthe case, identiiy the name of the debtor's spouse and of any former spouse who resides or resided with the debtor in
the community property state.
NAME
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17. Environmental Information.
For tlie purpose of tliis question, the following defmitions apply:
"Environmental Law" means any federal, state, or local statute or regulation regulating pollution, contamination, releases of hazardous
or toxic substances, wastes or material into the air, land, soil, surface water, groundwater, or other medium, including, but not limited to,
statutes or regulations regulating the cleanup of these substances, wastes, or material.
"Site" means any location, facility, or property as defined under any Environmental Law, whether or not presently or formerly
owned or operated by the debtor, including, but not limited to, disposal sites.
"Hazardous Material" means anything defined as a hazardous waste, hazardous substance, toxic substance, hazardous material,
pollutant, or contaminant or similar term under an Environmental Law
None a. List the name and address of every site for which the debtor has received notice in writing by a govemmental unit that it may be liable
• or potentially liable under or in violation of an Environmental Law. Indicate the govemmental unit, the date of the notice, and, if known,
the Environmental Law:
N A M E A N D A D D R E S S OF D A T E OF ENVIRONMENTAL
SITE N A M E A N D A D D R E S S G O V E R N M E N T A L UNIT NOTICE LAW
None b. List the name and address of every site for which the debtor provided notice to a govemmental unit of a release o f Hazardous
• Material. Indicate the governmental unit to which the notice was sent and the date of the notice.
N A M E A N D A D D R E S S OF DATEOF ENVIRONMENTAL
SITE N A M E A N D A D D R E S S G O V E R N M E N T A L UNIT NOTICE LAW
None c. List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law with respect to which
• the debtor is or was a party. Indicate the name and address of the govemmental unit that is or was a party to the proceeding, and the
docket number.
N A M E A N D A D D R E S S OF
G O V E R N M E N T A L UNIT DOCKET NUMBER STATUS OR DISPOSITION
18 . Nature, location and name of business
a. Ifthe debtor is an individual, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and
ending dates of all businesses in which the debtor was an officer, director, partner, or managing executive of a corporation, partner in a
partnership, sole proprietor, or was self-employed in a trade, profession, or other activity either full- or part-time within six years
immediately preceding the commencement of this case, or in which the debtor owned 5 percent or more of the voting or equity securities
within six years immediately preceding the commencement of this case.
Ifthe debtor Is a partnership, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and
ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities, within six
years immediately preceding the commencement of this case.
Ifthe debtor is a coiporation, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and
ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities within six
years immediately preceding the commencement of this case.
L A S T F O U R DIGITS OF
SOCIAL-SECURITY OR
OTHER INDIVIDUAL
TAXPAYER-I.D. NO. BEGINNING AND
NAME (ITIN)/ C O M P L E T E E I N ADDRESS N A T U R E OF BUSINESS ENDING DATES
Diamond Beach VP, 20-3541138 1210 West Clay, Suite 10 Real estate 10/07/2005
LP Houston, TX 77019 condominiums
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None b. Identiiy any business listed in response to subdivision a., above, that is "single asset real estate" as defined in 11 U.S.C. § IOI.
•
NAME ADDRESS
Diamond Beach VP, LP 1210 West Clay, Suite 10
Houston, TX 77019
The following questions are to be completed by every debtor that is a corporation or partnership and by any individual debtor who is or has
been, within six years inunediately preceding the commencement of this case, any of the following: an officer, director, managing executive, or
owner of more than 5 percent ofthe voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership, a sole
proprietor, or self-employed in a trade, profession, or other activity, either full- or part-time.
(An mdividual or joint debtor shoidd complete this portion of the statement only ifthe debtor is or has been in business, as defined above,
within six years immediately preceding the commencement of this case. A debtor who has not been in business within those six years should go
directly to the signature page.)
19. Books, records and financial statements
a. List all booldceepers and accountants who within two years immediately preceding the filing of this bankruptcy case kept or
supervised the keeping of books of account and records of the debtor.
N A M E A N D ADDRESS D A T E S SERVICES R E N D E R E D
Jervon Young Since 2005
Randall Davis Company
1210 W. Clay, Suite 10
Houston, TX 77019
None b. List all firms or individuals who within the two years immediately preceding the filing of this banlcruptcy case have audited the books
• of account and records, or prepared a financial statement of the debtor.
NAME ADDRESS D A T E S SERVICES R E N D E R E D
None c. List all firms or individuals who at the time of the commencement of this case were in possession of the books of account and records
CH of the debtor. If any of the books of account and records are not available, explain.
NAME ADDRESS
Jervon Young Randall Davis Company
1210W. Clay, Suite 10
Houston, TX 77019
None d. List all financial institutions, creditors and other parties, including mercantile and trade agencies, to whom a financial statement was
• issued by the debtor within two years immediately preceding the commencement of this case.
N A M E AND ADDRESS D A T E ISSUED
20. Inventories
None a Ligt the dates of the last two inventories taken of your property, the name of the person who supervised the taking of each inventory,
B and the dollar amount and basis of each inventory.
D O L L A R A M O U N T OF I N V E N T O R Y
D A T E OF I N V E N T O R Y I N V E N T O R Y SUPERVISOR (Specify cost, market or other basis)
None b. List the name and address of the person having possession of the records of each of the two inventories reported in a., above.
N A M E A N D A D D R E S S E S OF C U S T O D I A N OF I N V E N T O R Y
D A T E OF I N V E N T O R Y RECORDS
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21 . Current Partners, Officers, Directors and Sliareiiolders
None a. If the debtor is a partnership, list the nature and percentage of partnership interest of each member of the partnership.
N A M E A N D ADDRESS N A T U R E OF INTEREST P E R C E N T A G E OF INTEREST
Diamond Beach GP LLC GeneralPartner 1.18%
1210 West Clay, Suite 10
Houston, TX 77002
Fant Investments, Ltd. Limited Partner 37.41%
c/o Richard Fant
5800 Westview Drive
Houston, TX 77055
Gary T. Leach Limited Partner 8.82%
1210 West Clay, Suite 10
Houston, TX 77019
Michael K. Swan Limited Partner 0.82%
1111 Louisiana Street, 44th Floor
Houston, TX 77002
Randall J . Davis Limited Partner 51.77%
1210 West Clay, Suite 10
Houston, TX 77019
None b. If the debtor is a corporation, list all officers and directors of the corporation, and each stocldiolder who directly or indirectly owns,
• controls, or holds 5 percent or more of the voting or equity securities of the coiporation.
NATURE AND PERCENTAGE
N A M E A N D ADDRESS TITLE OF S T O C K O W N E R S H I P
22 . Former partners, officers, directors and shareholders
None a. If the debtor is a partnership, list each member who withdrew from the partnership within one year immediately preceding the
• commencement of this case.
NAME ADDRESS D A T E OF W I T H D R A W A L
None b. Ifthe debtor is a corporation, list all officers, or directors whose relationship with the corporation terminated within one year
• immediately preceding the commencement of this case.
N A M E A N D ADDRESS TITLE D A T E OF T E R M I N A T I O N
23 . Withdrawals from a partnership or distributions by a corporation
None If the debtor is a partnership or corporation, list all withdrawals or distributions credited or given to an insider, including compensation
H in any form, bonuses, loans, stock redemptions, options exercised and any other perquisite during one year immediately preceding the
commencement of this case.
N A M E & ADDRESS A M O U N T OF M O N E Y
OF RECIPIENT, DATE A N D PURPOSE OR DESCRIPTION A N D
RELATIONSHIP T O DEBTOR OF W I T H D R A W A L V A L U E OF P R O P E R T Y
24. Tax Consolidation Group.
None If the debtor is a corporation, list the name and federal taxpayer identification number of the parent corporation of any consolidated
• group for tax purposes of which the debtor has been a member at any time within six years immediately preceding the commencement
of the case.
N A M E OF P A R E N T C O R P O R A T I O N T A X P A Y E R IDENTIFICATION N U M B E R (EIN)
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25. Pension Funds,
None If tlie debtor is not an individual, list the name and federal taxpayer-identification number of any pension fund to wliich the debtor, as an
S employer, has been responsible for contributing at any time within six years imraediatoly preceding the oommencement ofthe case,
NAME OF PENSION FUND TAXPAYER IDENTIFICATION NUMBER (EIN)
DECLARATION UNDER PENALTY OF PERJURY ON B E H A L F OF CORPORATION OR PARTNERSHIP
I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financi; d any attachments thereto
and that they are true and correct to the best (|f my knowledge, infomiation and belief.
Date 1/ Signature
Randall J. Davis, IWapager o eneral Partner
Diamond Beach GP LLC
[An individual signing on behalf of a parinership or corporation must indicate position or relationship to debtor.]
Penally far making a false stalement: Fine of up lo SSOO, 000 or Imprisonmeni for up lo S years, or bolh. JS U.S. C. §§ 152 and 3571
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United States Bankruptcy Court
Southern District ofTexas
In re Diamond Beach VP, LP CaseNo.
Debtor
CliaptBr_ 11
LIST OF EQUITY SECURITY HOLDERS
Following is the list of the Debtor's equity security holders whioh is prepared in accordance with Rule 1007(a)(3) for filing in this chapter 11 case.
Name and last Icnown address Security Number Kind of
or place of business of holder Class of Securities Interest
Diamond Beach GP LLC 1.18% General Partner
1210 West Clay, Suite 10
Houston, TX 77002
Fant Investments, Ltd. 37.41% Limited Partner
c/o Richard Fant
5800 Westview Drive
Houston, TX 770S5
Gary T. Leach 8.82% Limited Partner
1210 West Clay, Suite 10
Houston, TX 77019
Michael K. Swan 0.82% Limited Partner
1111 Louisiana Street, 44th Floor
Houston, TX 77002
Randall J . Davis 51.77% Limited Partner
1210 West Clay, Suite 10
Houston, TX 77019
DECLARATION UNDER PENALTY OF PERJURY ON BEHALF OF CORPORATI ARTNERSHIP
I, the Diamond Beach GP L L C of the partnership named as the debtor in this case, declaj^ndei/penalty o f perjury that I
have read the foregoini ListSof Equity Security Holders and that il is true and correct to the, information and belief
Date Signature_
Randall J. D^l&v-Manager of its General Partner
Diamond B€ach GP LLC
Penalty for making a false statement or concealing property:Fine o f u p to $500,000 or imprisonment for up to 5 years or both,
18 U.S.C §§ 152 and 3571.
continuation sheets attached lo List of Equity Securi^ Holders
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