Case 18-50214-rlj11 Doc 1216 Filed 04/26/19 Entered 04/26/19 11:33:12 Page 1 of 4

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

Signed April 25, 2019

United States Bankruptcy Judge
______________________________________________________________________

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION

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

ORDER GRANTING AMENDED MOTION FOR APPROVAL OF SETTLEMENT AND

COMPROMISE WITH THE LUBBOCK COUNTY TAX ASSESSOR-COLLECTOR
UNDER BANKRUPTCY RULE 9019

On this day the Court considered the Amended Motion for Approval of Settlement and

Compromise with the Lubbock County Tax Assessor-Collector Under Bankruptcy Rule 9019 (the

“Motion”) [Docket No. 1147] filed by Reagor-Dykes Motors, LP, along with its debtor affiliates

1
The Debtors are Reagor-Dykes Motors, LP (Case No. 18-50214), Reagor-Dykes Imports, LP (Case No. 18-50215),
Reagor-Dykes Amarillo (Case No. 18-50216), Reagor-Dykes Auto Company, LP (Case No. 18-50217), Reagor-
Dykes Plainview, LP (Case No. 18-50218), Reagor-Dykes Floydada, LP (Case No. 18-50219), Reagor-Dykes
Snyder, L.P. (Case No. 18-50321), Reagor-Dykes III LLC (Case No. 18-50322), Reagor-Dykes II LLC (Case No.
18-50323) and Reagor Auto Mall I LLC (Case No. 18-50325).

ORDER GRANTING AMENDED MOTION FOR APPROVAL OF SETTLEMENT AND

COMPROMISE WITH LUBBOCK COUNTY TAX ASSESSOR-COLLECTOR
UNDER BANKRUPTCY RULE 9019 – PAGE 1
4833-0334-4015.3
Case 18-50214-rlj11 Doc 1216 Filed 04/26/19 Entered 04/26/19 11:33:12 Page 2 of 4

(“Reagor-Dykes,” or the “Debtors”), as debtors and debtors-in possession in the above-styled

and captioned case. It appearing that the Court has jurisdiction over this matter; and it appearing

that notice of the Motion as set forth therein is sufficient, and that no other or further notice need

be provided; and it further appearing that the relief requested in the Motion is in the best interests

of the Debtors and their estates and creditors; and upon all of the proceedings had before the

Court; and after due deliberation and sufficient cause appearing therefor, it is hereby

ORDERED that the Motion is GRANTED and, except as provided herein, the terms

outlined in the Motion are approved and enforceable, including that the Lubbock County Tax

Assessor-Collector’s office is authorized to waive the payment of unpaid motor-vehicle sales-tax

amounts due as a pre-condition for Texas consumers who purchased vehicles from the Reager-

Dykes Auto Group.

ORDERED that all persons in possession of certificates of titles (“Titles”) or

manufacturer’s certificates of origin (“MSOs”) for vehicles (i) sold (arguably or inarguably) by

Reagor-Dykes Auto Group and (ii) that still need to be registered for the buyer (“Vehicles”) shall

provide the Debtors with a list of all such Titles and MSOs in their possession within five (5)

days from entry of this Order. Upon receipt of a copy of (i) the retail sales contract or lease and

(ii) reasonably satisfactory proof of funding, all such persons identified in the preceding sentence

shall surrender the Titles and MSOs to the Debtors within seven (7) business days of such

receipt. The Debtors will hold the Titles and MSOs solely for consumer-registration purposes.

Notwithstanding anything herein to the contrary, this paragraph shall not apply to Titles or

MSOs that relate to Vehicles for which unpaid trade liens exist.

ORDERED that this Court will allow emergency telephonic hearings on three (3)

business days’ notice to resolve disputes over the turnover of Titles or MSOs to the Debtors as

ORDER GRANTING AMENDED MOTION FOR APPROVAL OF SETTLEMENT AND

COMPROMISE WITH LUBBOCK COUNTY TAX ASSESSOR-COLLECTOR
UNDER BANKRUPTCY RULE 9019 – PAGE 2
4833-0334-4015.3
Case 18-50214-rlj11 Doc 1216 Filed 04/26/19 Entered 04/26/19 11:33:12 Page 3 of 4

provided in this Order.

ORDERED that, notwithstanding anything to the contrary contained herein, and as part

of the process to be undertaken, the Debtors will submit, or cause to be submitted, to the

appropriate authority such paperwork or electronic information necessary to (a) transfer the

certificate of title into the new owner’s name, and (b) note any lien that has been granted by the

applicable consumer to a retail lender. Upon request, the Debtors will send to the applicable

retail lender or lessor copies of the proof of submission of the items listed in the preceding

sentence to the appropriate authority. With respect to leased vehicles for which title is to be

issued and the Debtors were the “selling” dealer, the Debtors will submit, or cause to be

submitted, to the appropriate authority such paperwork or electronic information necessary to

cause title to be issued in the name of the lessor.

ORDERED that nothing in this order shall impair, alter, or otherwise adversely affect the

liens or, in the case of leases, ownership rights, granted to the applicable retail lenders/lessors

with respect to the applicable motor vehicles to be titled through the process approved hereunder,

or the liens asserted by any unpaid trade lender.

### End of Order ###

PREPARED AND SUBMITTED BY:

ORDER GRANTING AMENDED MOTION FOR APPROVAL OF SETTLEMENT AND

COMPROMISE WITH LUBBOCK COUNTY TAX ASSESSOR-COLLECTOR
UNDER BANKRUPTCY RULE 9019 – PAGE 3
4833-0334-4015.3
Case 18-50214-rlj11 Doc 1216 Filed 04/26/19 Entered 04/26/19 11:33:12 Page 4 of 4

/s/ Marcus A. Helt

Marcus A. Helt (TX 24052187)
C. Ashley Ellis (TX 00794824)
FOLEY GARDERE
FOLEY & LARDNER LLP
2021 McKinney Avenue, Suite 1600
Dallas, TX 75201
Telephone: 214.999.3000
Facsimile: 214.999.4667

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

ORDER GRANTING AMENDED MOTION FOR APPROVAL OF SETTLEMENT AND

COMPROMISE WITH LUBBOCK COUNTY TAX ASSESSOR-COLLECTOR
UNDER BANKRUPTCY RULE 9019 – PAGE 4
4833-0334-4015.3