Doc1029 settlement $550_k_buckno lisicky buczek

Jeffrey M. Tillotson, P.C. (jmt@lynnllp.com)
Texas Bar No. 20039200
Eric W. Pinker, P.C. (epinker@lynnllp.com)
John Volney (jvolney@lynnllp.com)
LYNN TILLOTSON PINKER & COX, L.L.P.
2100 Ross Avenue, Suite 2700
Dallas, Texas 75201
(214) 981-3800 Telephone
(214) 981-3839 Facsimile
Peter Franklin (pfranklin@franklinhayward.com)
Michael P. Parmerlee
(mparmerlee@franklinhayward.com)
FRANKLIN HAYWARD, LLP
10501 N. Central Expressway, Suite 106
Dallas, Texas 75231
(972) 755-7100 Telephone
(972) 755-7110 Facsimile
Doug Skierski (DSkierski@SkiAMC.com)
SKIERSKI LAW PLLC
Dallas, Texas 75231
(214) 295-9295 Telephone
Counsel for Matthew D. Orwig,
Chapter 11 Trustee and Liquidating Trustee
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
In re: §
FIRSTPLUS FINANCIAL GROUP, INC.,
§
§ Case No. 09-33918-hdh-11
Debtor, § Chapter 11
MOTION FOR ORDER APPROVING COMPROMISE AND
SETTLEMENT AGREEMENT BETWEEN THE TRUSTEE AND
BUCKNO LISICKY & COMPANY, P.C. AND ANTHONY BUCZEK
NO HEARING WILL BE CONDUCTED ON THIS MOTION UNLESS A
WRITTEN OBJECTION IS FILED WITH THE CLERK OF THE UNITED
STATES BANKRUPTCY COURT AT 1100 COMMERCE STREET, ROOM
1254, DALLAS, TEXAS 75242-1496 BEFORE CLOSE OF BUSINESS ON
JUNE 1, 2015, WHICH IS AT LEAST 24 DAYS FROM THE DATE OF
SERVICE HEREOF.
ANY RESPONSE SHALL BE IN WRITING AND FILED WITH THE CLERK,
AND A COPY SHALL BE SERVED UPON COUNSEL FOR THE MOVING
PARTY PRIOR TO THE DATE AND TIME SET FORTH HEREIN. IF A
RESPONSE IS FILED A HEARING MAY BE HELD WITH NOTICE ONLY
TO THE OBJECTING PARTY.
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Case 09-33918-hdh11 Doc 1029 Filed 05/06/15 Entered 05/06/15 12:02:39 Page 1 of 33

IF NO HEARING ON SUCH NOTICE OR MOTION IS TIMELY
REQUESTED, THE RELIEF REQUESTED SHALL BE DEEMED TO BE
UNOPPOSED, AND THE COURT MAY ENTER AN ORDER GRANTING
THE RELIEF SOUGHT OR THE NOTICED ACTION MAY BE TAKEN.
TO THE HONORABLE HARLIN D. HALE,
UNITED STATES BANKRUPTCY JUDGE:
COMES NOW Matthew D. Orwig, the duly-appointed Chapter 11 Trustee and
Liquidating Trustee of the FirstPlus Financial Group, Inc. bankruptcy estate (the “Trustee”)
seeking this Court’s approval for the settlement and compromise of controversies between the
Trustee and Buckno Lisicky & Company, P.C. (“Buckno”) and Anthony Buczek (“Buczek”)
(collectively, the “Parties”). In support of this motion, which is made pursuant to Bankruptcy
Rule 9019, the Trustee would show the Court the following:
JURISDICTION AND VENUE
1. This Court has jurisdiction over the subject matter of this Motion pursuant to
28 U.S.C. § 1334(b) and the standing order of reference of the District Court. This matter is a
core proceeding. 28 U.S.C. § 157(b)(1), (b)(2)(O).
2. Venue in this Court is proper under 28 U.S.C. §1408 and 1409.
BACKGROUND FACTS
3. The Debtor filed for relief under Chapter 11 of the United States Bankruptcy
Code on June 23, 2009. The Trustee was appointed on July 24, 2009.
4. No creditors’ committee was appointed in this case by the United States Trustee.
5. As alleged in the Trustee’s First Amended Complaint in the adversary proceeding
styled Orwig v. Freeman, et al., Adversary No. 11-03397-hdh, pending in this Court (the
“Adversary Proceeding”), the Trustee sued Buckno and Buczek for alleged accounting
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malpractice, aiding and abetting, breach of fiduciary duty, and civil conspiracy in connection
with certain legal services performed by Buckno and Buczek.
6. The Trustee and Buckno and Buczek have agreed upon terms for settlement of the
Adversary Proceeding. A copy of the Compromise and Settlement Agreement (the “Agreement”)
is attached to this motion as Exhibit A, and is incorporated herein by reference. The Agreement
provides that Buckno and Buczek will pay the FPFG Liquidating Trustee FIVE HUNDRED
FIFTY THOUSAND DOLLARS ($550,000) to settle the controversies between Trustee and
Buckno and Buczek. The Agreement provides for a full release of any and all pre- and post-
petition claims and causes of action between the Parties (and Buckno and Buczek deny all
liability in connection with the settlement).
7. Because the controversies between the Parties involve issues that would likely
take substantial time and money to resolve, the Trustee has concluded that the interests of the
estate are better served by entering into the attached Agreement, which provides substantial
consideration to the Liquidating Trust. The Trustee requests approval to enter into the
Agreement as follows.
BASIS FOR RELIEF REQUESTED
8. In deciding whether to approve a proposed settlement agreement or compromise
of controversy, a bankruptcy court should consider the following factors:
a. the probability of success on the merits and the resolution of the dispute;
b. the complexity of the litigation being settled;
c. the expense, inconvenience and delay associated with litigating the dispute; and
d. the paramount interests of creditors.
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Texas Extrusion Corp. v. Lockheed Corp. (In re Texas Extrusion Corp.), 844 F.2d 1142, 1158-59
(5th Cir. 1988), cert denied, 105 S. Ct. 31 (1989); United States v. Aweco, Inc. (In re Aweco,
Inc.), 752 F.2d 293, 298 (5th Cir. 1984), cert. denied, 469 U.S. 880 (1984).
9. While it is necessary for the proponent of a compromise to set forth the factual
and legal basis for the compromise so the court can make an intelligent and informed evaluation
of the proposed settlement, it is not incumbent upon the proponent to present a mini-trial or a full
evidentiary hearing. Texas Extrusion, 844 F.2d at 1158-59; Aweco, 725 F.2d at 298.
10. The Agreement is in the best interests of the Debtor’s bankruptcy estate and
should be approved. The Settlement provides for substantial consideration of FIVE HUNDRED
FIFTY THOUSAND DOLLARS ($550,000) to be paid to the FPFG Liquidating Trust by
Buckno and Buczek. While the Trustee believes that he has strong tort claims against Buckno
and Buczek, those claims would be complicated, time-consuming, and expensive to resolve in a
contested proceeding. For their part, Buckno and Buczek contend that they have strong factual
and legal defenses to the Trustee’s claims, which would further add to the cost of prosecuting the
Trustee’s claims. Accordingly, the Trustee requests that the Court grant this motion and approve
the Agreement.
WHEREFORE, the Trustee respectfully requests that this Court find that service on the
attached service list is proper and that the Agreement incorporated as Exhibit A is in the best
interest of the Debtor’s estate and approve of the Agreement between the Trustee and Buckno
Lisicky & Company, P.C. and Anthony Buczek.
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Date: May 6, 2015 Respectfully submitted,
/s/ John Volney
John Volney(jvolney@lynnllp.com)
Dallas, Texas 75201
(214) 981-3800 Telephone
(214) 981-3839 Facsimile
PeterFranklin(pfranklin@franklinhayward.com)
FRANKLIN HAYWARD, LLP
Dallas, Texas 75231
(972) 755-7100 Telephone
(972) 755-7110 Facsimile
DougSkierski(DSkierski@SkiAMC.com)
SKIERSKI LAW PLLC
Dallas, Texas 75231
(214) 295-9295 Telephone
COUNSEL FOR MATTHEW D. ORWIG,
CHAPTER 11 TRUSTEE AND LIQUIDATING
TRUSTEE
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and foregoing
document has been served via ECF on counsel of record and via U.S. Mail on the attached service
list on May 6, 2015.
/s/ John Volney
John Volney
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James L. Schutza
7920 Belt Line Road, Suite 650
Dallas, Texas 75254
Prober & Raphael, A Law
Corporation
P. O. Box 4365
Woodland Hills, CA 91365-4365
FirstPlus Financial Group, Inc.
PO Box 142979
Irving, TX 75014
Aaron Michael Kaufman
George H. Tarpley
Cox Smith Matthews , Inc.
1201 Elm St., Ste. 3300
Dallas, TX 75270
Scott F. Mascianica
Sonnenschein Nath & Rosenthal
2000 McKinney Ave., Ste 1900
Dallas, TX 75201
Jo Christine Reed
SNR Denton US LLP
1221 Avenue of the Americas
New York, NY 10020
Erin Marie Schmidt
United States Trustee
1100 Commerce Street,
Room 976
Dallas, TX 75242
William Topp Maxwell
#71944-279
Federal Detention Center
P.O. Box 562
Philadelphia, PA 19106
Internal Revenue Service
Spec. Procedures – Insolvency
P.O. Box 21126
Hulse & Stucki
Attn: Jay R. Stucki
2912 West Story Road
Irving, TX 75038
James W. Puzey
Law Offices Of James W. Puzey
P.O. Box 70172
Reno, NV 89570
John Clarson
4200 Ranier Court
Fort Worth, TX 76109
Patrick John Hethcoat
1365 Wayne Way
San Mateo, CA 94403-1565
George H. Tarpley
Cox Smith Matthews Inc.
1201 Elm St., # 3300
Dallas, TX 75270
Eric A. Liepins
Eric A. Liepins, P.C.
12770 Coit Road, Suite 950
Dallas, TX 75251
Jerry C. Carter
Jenkins & Carter
501 Hammill Lane
Reno, NV 89511
Securities & Exchange
Commission
c/o Rose L. Romero, Reg. Dir.
Burnett Plaza, Suite 1900
801 Cherry Street, Unit 18
Arkadiy Grinshpun
7909 Bustleton Avenue
Firstline Mortgage v. Rutgers
c/o Robert Johnson Law Corp
34197 Pacific Coast Hwy,
Ste 100
Dana Point, CA 92629
Buckno Lisicky & Company
Attn: Tony Buckno
1524 Linden Street
Allentown, PA 18102-4251
Robert O’Neal
324 N . 23rd Street
Beaumont, TX 77707
Laurie Spindler
Huffman Linebarger, et al.
2323 Bryan Street, Suite 1600
Dallas , TX 75201
Michael A. McConnell
Kelly Hart & Hallman PC
201 Main Street, Suite 2500
Fort Worth, Texas 76102
Nathan Jenkins
Jenkins & Carter
501 Hammill Lane
Reno, NV 89511
Gary B. Freedman
7909 Bustleton Avenue
Patton Boggs
Attn: Cass Weiland, Esq.
2000 Mckinney Ave, Suite 1700
Dallas , TX 75201
Downey Brand LLP
427 West Plumb Lane
Reno, NV 89509
Secore &Waller, LLP
Attn: Wayne M. Secore
12222 Merit Dr., # 1350
Dallas, TX 75251
Rutgers Investment
3965 Phelan Blvd, # 209
Beaumont, TX 77707-2232
Angela Dodd
Securities And Exchange Comm.
175 W Jackson Blvd, Ste 900
Chicago, IL 60604
James P. Hanson
5824 Cold Water Drive
Castro Valley, CA 94552-1807
Ronald J. Miller
772 Westray Dr.
Westerville, OH 43081
Daniel J. Sherman
Sherman & Yaquinto, LLP
509 N. Montclair Avenue
Dallas, TX 75208
Lepercq Corporate Income Fund
David Staber/Clayton Ketter
Akin Gump, et al., LLP
1700 Pacific Ave., #4100
Dallas, TX 7520 1

Daniel P. Elms/Heather Bell
Nunnally & Martin LLP
1400 One McKinney Plaza
3232 McKinney Avenue
Dallas, TX 75204-2429
Bowne of Dallas, L.P.
c/o Gail B. Price, Bronwen Price
2600 Mission St., # 206
San Marino, CA 91108
Justin L. Payne, Attorney
6777 Camp Bowie Blvd.
Suite 215
James Hanson
Sherman & Yaquinto, L.L.P.
509 N. Montclair Avenue
Dallas, TX 75208-5498
Derrel Luce
Law Office of Derrel Luce
4600 Bosque, Suite 2B
Waco, Texas 76710
All other parties on the electronic service list.

DALLAS DIVISION
In re: § Chapter 11
§
FIRSTPLUS FINANCIAL GROUP, INC., § Case No. 09-33918-HDH
§
Debtor. §
___________________________________ § ___________________________________
§
MATTHEW D. ORWIG, §
AS CHAPTER 11 TRUSTEE OF §
FIRSTPLUS FINANCIAL GROUP, INC., §
§
Plaintiff, §
§
v. § Adversary No. 11-03397-hdh
§
§
ROBERT FREEMAN; JAMES ROUNDTREE; §
DANIEL PHILLIPS; DAVID WARD; §
JOHN FITZGERALD; JOHN MAXWELL; §
WILLIAM HANDLEY; DR. ROBERT O’NEAL; §
JACK ROUBINEK; GARY D. ALEXANDER; §
ROGER S. MEEK; DAVID ROBERTS; §
JOSEPH P. STEWARD; WILLIAM HICKMAN; §
PAUL BALLARD; OLSHAN GRUNDMAN §
FROME ROSENZWEIG & WOLOSKY LLP; §
DAVID ADLER, ESQ.; §
EIZEN FINEBURG & McCARTHY P.C.; §
GARY J. McCARTHY, ESQ.; §
WILLIAM T. MAXWELL, ESQ.; §
WILLIAM MAXWELL PLLC; §
WILLIAM T. MAXWELL, P.C.; §
BUCKNO LISICKY & COMPANY, P.C.; §
ANTHONY BUCZEK, CPA; §
SIEGAL & DROSSNER, P.C.; §
HOWARD DROSSNER, CPA; §
KENSINGTON COMPANY & AFFILIATES, §
INC.; KEN STEIN; SALVATORE PELULLO; §
SEVEN HILLS MANAGEMENT, LLC; §
LEARNED ASSOCIATES OF §
NORTH AMERICA, LLC; and §
NICODEMO S. SCARFO, JR., §
§
Defendants. §
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE PAGE 1
#4844-5330-2563
EXHIBIT A

COMPROMISE SETTLEMENT AGREEMENT AND RELEASE
The above-numbered and styled cause of action having been compromised and settled, as
between Matthew D. Orwig as Chapter 11 Trustee and Liquidating Trustee for First Plus
Financial Group, Inc. (the “Trustee”) and the Settling Defendants (as defined below), the Settling
Parties (as defined below) now enter into the following Compromise Settlement Agreement and
Release (the “Agreement”), with the Trustee acting on behalf of FirstPlus Financial Group, Inc.
(“First Plus”), FirstPlus’ Chapter 11 estate (the “Estate”), the FPFG Liquidating Trust (the
“Liquidating Trust”) and the other Releasors (as defined below):
I.
Definitions
As used in this Agreement, the following terms will have the following meanings:
1. “Releasors” shall include the Trustee, the Estate, The Liquidating Trust and
FirstPlus and each of the foregoing’s respective predecessors and successors in interest, agents,
servants, legal representatives, attorneys, insurers, partners, spouses, heirs, executors,
administrators, estates, employees, associates, successors, assigns, affiliates, subsidiaries,
shareholders and/or any other person or entity claiming or that could claim by, through or under
any of them. In addition, the “Releasors” also includes any predecessor or successor bankruptcy
trustees of FirstPlus (including any hereafter appointed Chapter 7 trustee) and their respective
agents, partners, employees, associates, successors, assigns and any other person or entity
claiming or that could claim by, through or under them.
2. “Settling Defendants” shall include Defendants Buckno Lisicky & Company, P.C.
and Anthony Buczek and each of their respective predecessor or successor entities, affiliates,
subsidiaries and parent corporations, and their respective past, present or future officers,
directors, agents, stockholders, partners, predecessors and successors in interest, servants, legal
#4844-5330-2563

representatives, employees, attorneys, heirs and assigns, including but not limited to Gregg S.
Weinberg, Rick V. Anderson, and ROBERTS MARKEL WEINBERG BUTLER HAILEY PC, and any of
its attorneys, employees, agents or representatives. “Settling Defendants” also includes Buckno
Lisicky & Company, P.C.’s and Anthony Buczek’s insurers, including but not limited to CNA
Global Specialty Lines, and any of their past present or future employees, agents,
representatives, predecessor or successor entities, affiliates, subsidiaries and parent corporations,
officers, directors, stockholders, partners, predecessors and successors in interest, servants, legal
representatives, attorneys, heirs and assigns, and all other persons, firms or corporations with
whom any of the former have been, are now, or may hereafter be affiliated. “Settling
Defendants” does not include any defendant named in the caption of the First Amended
Complaint other than Buckno Lisicky & Company, P.C. and Anthony Buczek.
3. “Incident” shall mean any and all facts and circumstances relating to or arising
out of the alleged losses or damages to Releasors caused by the alleged actions or omissions of
any of the Settling Defendants including, but not limited to, a) the allegations contained in the
Complaint, including any amendments thereof or supplements thereto, filed in Adversary
No. 11-03397, styled Matthew D. Orwig, As Chapter 11 Trustee of FirstPlus Financial Group,
Inc. v. Robert Freeman et al., in the United States District Court for the Northern District of
Texas, Dallas Division (the “Adversary Proceeding”), b) the allegations contained in the
Indictment, including any amendments thereof or supplements thereto, filed in Criminal Cause
No. 11-740 (RBK), styled United States of America v. Nicodemo S. Scarfo et al., in the United
States District Court for the District of New Jersey (the “Criminal Case”), c) any matters relating
in any way to the Chapter 11 Case No. 09-33918-hdh11, styled In re: FirstPlus Financial Group,
Inc., in the United States Bankruptcy Court for the Northern District of Texas, Dallas Division,
#4844-5330-2563

including any conversion thereof (the “Bankruptcy Case”), and d) any other allegations or claims
related to or involving the same or similar facts and circumstances alleged in the Adversary
Proceeding and/or the Criminal Case.
4. “Settling Parties” shall mean Releasors and Settling Defendants and a reference to
a “Party” shall refer to the Releasors or the Settling Defendants as the circumstances warrant.
5. “Lawsuits” shall mean the Adversary Proceeding, the Criminal Case and the
Bankruptcy Case as defined under Paragraph 3 of this Section.
6. “Claims” shall include any and all past, present and future claims, debts,
demands, actions, causes of action, suits, sums of money, contracts, agreements, judgments,
obligations, wrongful death claims, rights, damages, costs, losses of services, expenses,
compensations and liabilities of any nature whatsoever, both in law and in equity, whether based
on a tort, fraud, contract, violations of federal or state laws (or other laws), including but not
limited to violations of Texas or Pennsylvania laws, claims that could be asserted under the
Bankruptcy Code (including, without limitation, causes of action under Chapter 5 of the
Bankruptcy Code), or any other theory of recovery, which any of the Releasors now have, or
which may hereafter accrue or otherwise be acquired, including but not limited to those on
account of, or may in any way grow out of, or which are the subject of the Lawsuits, including
any and all known or unknown claims for lost value of FirstPlus, takeover of FirstPlus, insider
transactions, concealment of insider transactions and suspicious transactions, suspicious cash
management practices, improper accounting, improper loans, breach of fiduciary duty, legal
malpractice, professional negligence, fraud, negligent misrepresentation, aiding and abetting,
civil conspiracy, fraudulent transfers, equitable subordination, avoidance of preferential
transfers, disallowance of claims, objections to proofs of claim, recharacterization of loans,
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fraudulent concealment, damages for breach of fiduciary duty, damages for fraud, damages for
any type of negligence, exemplary and punitive damages, restitution, pre-and post-judgment
interest, costs, attorney fees, or any future claim of the same, which have resulted or may have
resulted from the alleged acts or omissions of the Settling Defendants. “Claims” shall also
include, without limitation, any claims which were brought or could have been brought relating
to the Incident or in the Lawsuits under any theory including but not limited to claims for breach
of implied warranty, gross negligence, Texas Deceptive Trade Practice-Consumer Protection
Act, products liability, negligence, professional negligence, contribution, express warranty,
breach of contract, indemnity, fraudulent misrepresentation, negligent misrepresentation,
vicarious liability, Res Ipsa Loquitur, exemplary damages, breach of fiduciary duty, theories of
aiding and abetting or conspiracy to commit any of the Claims, and damages for lost profits, lost
income, lost value, loss of credit reputation, loss of benefit of the bargain, loss of amounts paid
as guarantor, mental anguish in the past, present and/or future, pain and suffering in the past,
present and/or future, personal injuries of any kind, past, present and/or future, attorney’s fees,
interest of any kind, including prejudgment interest and post-judgment interest, costs of suit, loss
of inheritance, loss of consortium, loss of support, pecuniary loss, loss of society, penalties of
any kind, punitive damages, exemplary damages or any other damage or claim of any kind or
character whatsoever sustained, directly or indirectly, which in any way relates to, arises out of,
or is in any way connected with the Incident or the Lawsuits. Claims shall not include any
claims, both in law and equity, which may be brought arising out of the Settling Parties’ breach
of this Agreement.
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II.
Choice of Law
7. The Settling Parties represent and agree that the terms of this Agreement are to be
governed by and construed in accordance with the laws of the State of Texas in all respects,
including matters of construction, interpretation, enforcement and validity. Venue of any
litigation concerning this Agreement shall be in Dallas County, Texas.
8. As further consideration for this Agreement, in the event this Agreement is not
ultimately fully executed by the Settling Parties and/ or approved by the Court in the Adversary
Proceeding, the Settling Defendants expressly reserve the right to assert that Pennsylvania Law is
applicable to the claims against them in the Adversary Proceeding and the Releasors agree that
this Agreement will not be used to argue for the application of Texas law to any claims against
any of the Settling Defendants, nor will it be construed to mean that the Settling Defendants have
waived any arguments for the application of Pennsylvania law in the Adversary Proceeding, or
any other proceeding.
III.
Payment, Release, and Contribution
9. For and in consideration of FIVE HUNDRED FIFTY THOUSAND DOLLARS
($550,000.00), the mutual covenants contained herein, and other good and valuable
consideration, Releasors do hereby fully and completely compromise, settle, remise, release and
forever discharge each and all of the Settling Defendants of and from all Claims which they now
have or may hereafter have against Settling Defendants, for or by reason of any matter, cause or
thing whatsoever, whether known or unknown, suspected or unsuspected, liquidated or
unliquidated, matured or unmatured, foreseen or unforeseen, now existing or hereafter arising, in
law, equity or otherwise that are based in whole or part on any act, omission, transaction, event
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or other occurrence taking place from the beginning of the world through the Approval Date (as
defined below).
10. For and in consideration of the releases and mutual covenants contained herein,
and other good and valuable consideration, the Settling Defendants do hereby fully and
completely compromise, settle, and forever discharge each and all Releasors of and from all
Claims which they now have or may hereafter have against the Releasors, for or by reason of any
matter, cause or thing whatsoever, whether known or unknown, suspected or unsuspected,
liquidated or unliquidated, matured or unmatured, foreseen or unforeseen, now existing or
hereafter arising, in law, equity or otherwise that are based in whole or part on any act, omission,
transaction, event or other occurrence taking place from the beginning of the world through the
Approval Date (as defined below).
11. The FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000.00) will be
paid by Settling Defendants’ carrier to Releasors by check made payable to “FPFG Liquidating
Trust”, in accordance with instructions from Releasors, and within thirty (30) days after the
Approval Date (as defined below).
12. The release described in Paragraph No. 9 in this Section III and this Agreement
does not, nor is it intended to, release any other defendant(s), not specifically defined herein as a
Settling Defendant, from any Claims. Releasors reserve the right to continue to assert and pursue
claims against any other person or entity which may be responsible for the injuries and damages
allegedly sustained by Releasors, together with the right to make the claim that such other
persons and entities, and not the Settling Defendants, are solely liable to Releasors for any
injuries, losses and damages.
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13. It is intended by the choice of Texas law by the Settling Parties in Section II that
Tex. Civ. Prac. & Rem. Code § 33.015(d) will be applicable to the Settling Parties and any
claims for contribution against any of the Settling Parties. More specifically, the Settling Parties
acknowledge and agree that upon execution of this Agreement, under Tex. Civ. Prac. & Rem.
Code § 33.015(d), no defendant has a right of contribution against any of the Settling
Defendants.
14. However, acknowledging that choice of law has been at issue between the
Settling Parties and in the Adversary Proceeding, should it later be determined that Pennsylvania
law or some other law other than Texas law is applicable to any claims for contribution against
the Settling Parties, it is further agreed that, pursuant to the Uniform Contribution Among Joint
Tortfeasor’s Act of Pennsylvania (42 Pa. C.S.A. § 8321, et seq.), in the event that any of the
Settling Defendants are found by judicial determination to be joint tortfeasors or otherwise
jointly or severally liable with any person or entity in causing injury or damage to any of the
Releasors, Releasors hereby release that pro-rata portion or share of the cause of action which
any of the Releasors have against the Settling Defendants and discharge any and all damages
attributable to the Settling Defendants in such causes of action, without in any way discharging
or releasing the portion of the cause of action attributable to any other party who has caused
injury to any of the Releasors herein. The Releasors do hereby credit and satisfy that portion of
the total amount of damages to the Releasors that has been caused by the negligence, intentional
torts and/or other fault, if any, of the Settling Defendants as hereinafter may be judicially
determined in the future trial, and Releasors do hereby release and discharge that fraction,
portion and percentage of their total causes of action and claims for damages against the Settling
Defendants which shall hereinafter, by future trial be judicially determined to be the sum of that
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portion, fraction or percentage of causal negligence and/or fault as determined pursuant to the
Comparative Negligence Act of Pennsylvania (42 Pa. C.S.A. § 7102, et seq.) or other applicable
law, for which the Settling Defendants are found to be liable.
IV.
Dismissal of Case with Prejudice Against Settling Defendants and Approval of the
Settlement by the Court
15. For the aforesaid consideration, Releasors, joined by their attorney, hereby agree
on behalf of themselves and their respective assigns, never again to bring suit in any court
against the Settling Defendants with respect to any Claim, including a Claim with respect to the
subject matter or the allegations which were asserted, or could have been asserted, in or relating
to the Incident and/or the Lawsuits. The Releasors agree that the Settling Defendants shall be
dismissed with prejudice from the Adversary Proceeding and the form of the Agreed Motion to
Dismiss will be in the form attached hereto as Exhibit B (the “Motion to Dismiss”). The
Releasors agree to file the Motion to Dismiss within three (3) business days from the receipts of
the settlement funds by the Releasors.
16. The Settling Parties further agree that to be effective, this settlement must be
approved by the Court in the Adversary Proceeding in accordance with Rule 9019 of the Federal
Rules of Bankruptcy Procedure (the date on which the same occurs shall be referred to herein as
the “Approval Date”). The form of the Motion to Approve Compromise and Proposed Order will
be in the form attached as Exhibit A (the “Motion”). Within three (3) days after this Agreement
is fully executed by the Settling Parties, the Trustee will file the Motion seeking Bankruptcy
Court approval of this Agreement.
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V.
Denial of Liability
17. The Releasors acknowledge that the Settling Defendants have denied and
continue to deny all allegations made in connection with the Lawsuits, and that the settlement of
the Adversary Proceeding as to the Settling Defendants, the payment of the above described
sums, and any other actions taken by the Settling Defendants in connection therewith shall not be
deemed to be, or construed as, an admission of liability of the Settling Defendants or an
admission of the truthfulness of any of the allegations made by any party to the Lawsuits or
otherwise in connection with the Incident or any matter whatsoever. Rather, the Releasors
acknowledge that said actions have been taken in order to avoid the expense and inconvenience
of further prosecution of the Adversary Proceeding and acknowledge that this settlement and
compromise is of a doubtful and disputed claim, and that the payment of the above-described
sums is not to be construed as an admission of liability on the part of the Settling Defendants, by
whom liability is expressly denied. The Settling Parties expressly agree that this Agreement was
contemplated and executed as a compromise of disputed claims within the meaning of Federal
Rule of Evidence 408. As such, it is not admissible in any proceeding either to prove or disprove
the validity or amount of a disputed claim, or to impeach by a prior inconsistent statement or a
contradiction.
VI.
Representations and Warranties
18. Releasors warrant that they are not aware of any claim by or on behalf of the
Releasors against the Settling Defendants that is not being released and/or indemnified by this
Agreement.
#4844-5330-2563

19. Releasors represent that they are the sole owner of the Claims being released
herein, and that they have not transferred, assigned, subrogated or otherwise incumbered said
Claims or any part thereof.
20. Releasors represent and warrant that they have made a full and complete
investigation, aided by their attorneys, of the circumstances surrounding the Incident, the
Lawsuits and this Agreement.
21. Releasors further expressly release and waive any and all Claims for damages
which exist as of the Approval Date against the Settling Defendants but of which any of the
Releasors do not know or suspect to exist, whether through ignorance, oversight, error, fraud,
misrepresentation or negligence, which, if known, would materially affect their decision to enter
into this Agreement. Releasors further agree that they will accept the consideration specified
herein as a complete compromise of matters relating to the Settling Defendants which involve
disputed issues of law and fact and fully assume the risk that the facts or law applicable to this
case may be otherwise than they believe or may materially change at some point in the future. It
is the intent of the Releasors to release all Claims against the Settling Defendants associated with
the Incident and the Lawsuits or otherwise, whether those Claims are known at the present time
or not.
22. Releasors further state that they understand this to be a full, final and complete
settlement with the Settling Defendants and one that cannot be reopened at any time in the future
regardless of what might take place or later occur.
23. In making this Agreement, Releasors warrant that they have not relied upon any
statements or representations pertaining to this matter made by the Settling Defendants or by any
person or persons representing them, other than as set forth in this Agreement.
#4844-5330-2563

24. Releasors further state that they have carefully read this Agreement, completely
understand the contents thereof, that they conferred fully with their attorneys concerning the
contents and legal consequences of this Agreement, and they executed this Agreement of their
own free will. The Releasors have relied upon the advice of their attorneys, who are attorneys of
their own choice, concerning the legal and income tax consequences of this Agreement; that the
terms of this Agreement have been completely read and explained to the Releasors by their
attorneys; the terms of this Agreement are fully understood and voluntarily accepted by the
Releasors; and that the Releasors rely completely on the Releasors’ own due diligence in the
execution of this Agreement.
25. This Agreement contains the entire agreement between the Settling Parties with
regard to the matters set forth herein and shall be binding upon and inure to the benefit of the
executors, administrators, personal representatives, heirs, successors and assigns of each.
VII.
Assignment of Outstanding Claims
26. Any and all claims against the Settling Defendants not specifically released
herein, if any, which are related to or arise out of the Incident, are hereby assigned in full to the
Settling Defendants.
VIII.
Severability
27. If any portion of this Agreement should be held by any court of competent
jurisdiction to be invalid or unenforceable for any reason, the balance of this Agreement shall
remain in full force and effect.
#4844-5330-2563

IX.
Authority
28. The Settling Parties represent and warrant that each individual signing this
agreement on their behalf have complete and full authority to act upon their behalf and have the
authority to bind the Settling Parties (the Releasors with respect to the Trustee and the Settling
Defendants with respect to Buckno Lisicky & Company, P.C. and Anthony Buczek) regarding
all of the provisions of this Agreement.
29. This Agreement contains the entire agreement between the parties hereto, and the
terms of this Agreement are contractual and not mere recitals.
X.
Confidentiality
30. The Settling Parties hereby agree that this Agreement, including all of the terms
and conditions thereof and this settlement will be disclosed in connection with the approval of
this settlement by the Court under Rule 9019 of the Federal Rules of Bankruptcy Procedure and
the Releasors shall have no liability to the Settling Defendants for disclosure of this settlement in
connection with the Court approval procedure. However, this Agreement, including all of the
terms and conditions thereof and this settlement shall otherwise be held confidential and shall not
be divulged or disseminated to anyone who is not a Party to this Agreement such that each Party
may only represent to third-parties not involved in the Bankruptcy Court approval process that
“the Lawsuit has been mutually resolved,” other than is mutually agreed to in writing, or except
to the extent provided otherwise in this Agreement or to the extent disclosure is required by law,
rule or court order or in response to discovery or other legal process.
#4844-5330-2563

XI.
Supplementary Documents
31. The Settling Parties do further agree to execute any and all documents that may be
required to effectuate all terms, covenants and conditions contained herein contemporaneously
with such Party's execution of this Agreement or at a later date if necessary.
XII.
No Third-Party Beneficiary
32. This Agreement has been executed for the sole benefit of the Settling Parties
hereto and is not intended for the benefit of any third-party. No third-party shall have any rights
hereunder, nor shall be entitled to assume that the Settling Parties hereto will insist upon strict
performance of the mutual obligations arising under this Agreement for the benefit of such other
parties or otherwise. The Settling Parties to this Agreement further agree that they will not
institute, maintain, assist in, or otherwise encourage any suit, action, or other proceeding, at law,
in equity or otherwise against the other Party nor aid any third-party in any way in any such
proceeding.
XIII.
Discovery of Additional Facts
33. In connection with this Agreement, the Settling Parties each acknowledge that
additional facts might be discovered later, but that it is the intention of each Party to fully, finally
and forever settle and release all matters of the Lawsuits between the Settling Parties, known or
unknown, suspected or unsuspected, which now exist, or formerly have existed between the
Settling Parties, except as is expressly provided in this Agreement. The Settling Parties
acknowledge that this Agreement shall be and will remain in effect as a full and complete
general release of the Adversary Proceeding against the Settling Defendants, notwithstanding the
#4844-5330-2563

discovery or existence of any additional or different facts, except as is expressly provided in this
Agreement.
XIV.
Additional Terms
34. This Agreement shall become effective upon approval by the Court in accordance
with Rule 9019 of the Federal Rules of Bankruptcy Procedure.
#4844-5330-2563

WITNESS MY HAND this _____ day of _______________, 2015.
__________________________________________
MATTHEW D. ORWIG,
AS CHAPTER 11 LIQUIDATING TRUSTEE
OF FIRSTPLUS FINANCIAL GROUP, INC.
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared MATTHEW
D. ORWIG, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he is authorized to execute this document as CHAPTER 11 AND
LIQUIDATING TRUSTEE OF FIRSTPLUS FINANCIAL GROUP, INC. and has read the
foregoing and fully understands it to be a complete release of all claims as described therein, and
an agreement of indemnity as described therein and that he executed same for the purposes and
consideration expressed therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of
_______________, 2015.
__________________________________________
Notary Public in and for the State of Texas
My Commission Expires: ____________________
SEAL:
#4844-5330-2563

__________________________________________
BUCKNO LISICKY & COMPANY, P.C.
By: Randal R. Dietz,
Authorized Representative
THE STATE OF PENNSYLVANIA §
§
COUNTY OF _____________ §
BEFORE ME, the undersigned authority, on this day personally appeared Authorized
Representative, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he has read the foregoing and fully understands it to be
a complete release of all claims as described therein, and an agreement of indemnity as described
therein and that he executed same for the purposes and consideration expressed therein.
_______________, 2015.
__________________________________________
Notary Public in and for the State of Pennsylvania
SEAL:
#4844-5330-2563

__________________________________________
ANTHONY BUCZEK
THE STATE OF PENNSYLVANIA §
§
COUNTY OF _____________ §
BEFORE ME, the undersigned authority, on this day personally appeared Anthony
Buczek, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he has read the foregoing and fully understands it to be a complete
release of all claims as described therein, and an agreement of indemnity as described therein and
that he executed same for the purposes and consideration expressed therein.
_______________, 2015.
__________________________________________
Notary Public in and for the State of Pennsylvania
SEAL:
#4844-5330-2563

AGREED TO FORM AND SUBSTANCE:
By: ______________________________
Jeffrey M. Tillotson
Eric W. Pinker
John Volney
State Bar No. 24003118
Dallas, Texas 75201
214-981-3800 Telephone
214-981-3839 Facsimile
COUNSEL FOR PLAINTIFF
MATTHEW D. ORWIG, AS CHAPTER 11
LIQUIDATING TRUSTEE TO
FIRSTPLUS FINANCIAL GROUP, INC.
By: ______________________________
Gregg S. Weinberg
Texas State Bar No. 21084150
Rick V. Anderson
Texas State Bar No. 24059047
ROBERTS MARKEL WEINBERG BUTLER HAILEY PC
2800 Post Oak Blvd, 57th Floor
Houston, Texas 77056
713-840-1666 Telephone
713-840-9404 Facsimile
COUNSEL FOR SETTLING DEFENDANTS
AND ANTHONY BUCZEK
#4844-5330-2563

Dallas, Texas 75201
(214) 981-3800 Telephone
(214) 981-3839 Facsimile
Counsel for Matthew D. Orwig,
Chapter 11 Trustee and Liquidating Trustee
DALLAS DIVISION
In re: §
§
Chapter 11
Debtor.
§
§
§
§
MATTHEW D. ORWIG,
AS CHAPTER 11 TRUSTEE OF
§
§
§
Plaintiff, §
§
v. §
§
AdversaryNo. 11-03397-hdh
ROBERT FREEMAN; et al., §
§
Defendants. §
AGREED MOTION TO DISMISS BUCKNO LISICKY & COMPANY, P.C. AND
ANTHONY BUCZEK AS PARTIES PURSUANT TO SETTLEMENT AGREEMENT
NO HEARING WILL BE CONDUCTED ON THIS MOTION UNLESS
A WRITTEN OBJECTION IS FILED WITH THE CLERK OF THE
UNITED STATES BANKRUPTCY COURT AT 1100 COMMERCE
STREET, ROOM 1254, DALLAS, TEXAS 75242-1496 BEFORE
CLOSE OF BUSINESS ON _______________, 2015, WHICH IS AT
LEAST 24 DAYS FROM THE DATE OF SERVICE HEREOF.
1
#4819-4320-8739
Exhibit B to Settlement Agreement

ANY RESPONSE SHALL BE IN WRITING AND FILED WITH THE
CLERK, AND A COPY SHALL BE SERVED UPON COUNSEL FOR
THE MOVING PARTY PRIOR TO THE DATE AND TIME SET
FORTH HEREIN. IF A RESPONSE IS FILED A HEARING MAY BE
HELD WITH NOTICE ONLY TO THE OBJECTING PARTY.
IF NO HEARING ON SUCH NOTICE OR MOTION IS TIMELY
REQUESTED, THE RELIEF REQUESTED SHALL BE DEEMED TO
BE UNOPPOSED, AND THE COURT MAY ENTER AN ORDER
GRANTING THE RELIEF SOUGHT OR THE NOTICED ACTION
MAY BE TAKEN.
Matthew D. Orwig, the duly-appointed Chapter 11 Trustee and Liquidating Trustee of the
FirstPlus Financial Group, Inc. bankruptcy estate (the “Trustee”), and Buckno Lisicky &
Company, P.C. and Anthony Buczek, hereby file this Agreed Motion To Dismiss Buckno
Lisicky & Company, P.C. and Anthony Buczek As Parties Pursuant To Settlement Agreement
(the “Motion”) pursuant to Federal Bankruptcy Rule 7041 and Federal Rule of Civil
Procedure 41(a)(2) and would respectfully show the Court as follows:
1. The Trustee filed his Original Complaint against the defendants in the above-
captioned adversary on June 21, 2011 [Adversary Docket No. 1].
2. On June 19, 2012, the Trustee filed his Motion for Order Approving Compromise
and Settlement Agreement between the Trustee and Buckno Lisicky & Company, P.C. and
Anthony Buczek [Docket No. ] (the “Settlement Motion”), attaching as Exhibit A thereto the
Compromise and Settlement Agreement between the Trustee and Buckno Lisicky & Company,
P.C. and Anthony Buczek (the “Settlement Agreement”).
3. On _______________, 2015, the Court entered an Order [Docket No. _____]
(the “Settlement Order”) granting the Settlement Motion which, inter alia, authorized the
Trustee to enter into the Settlement Agreement with Buckno Lisicky & Company, P.C.
and Anthony Buczek effective as of the date of the Settlement Order.
2
#4819-4320-8739

4. As a part of the Settlement Agreement, the Trustee agreed to dismiss with
prejudice Buckno Lisicky & Company, P.C. and Anthony Buczek as parties in the above-
captioned adversary.
5. This Motion is not intended to and does not affect any of the claims asserted
against any other party to this Adversary Proceeding.
WHEREFORE, pursuant to the Settlement Agreement, the Trustee moves the Court
pursuant to the foregoing rules to dismiss with prejudice Buckno Lisicky & Company, P.C. and
Anthony Buczek as parties in the above-captioned adversary proceeding.
DATE: April 9, 2015 Respectfullysubmitted,
/s/ John Volney
John Volney(jvolney@lynnllp.com)
Dallas, Texas 75201
(214) 981-3800 Telephone
(214) 981-3839 Facsimile
CHAPTER 11 TRUSTEE AND LIQUIDATING
TRUSTEE
3
#4819-4320-8739

and
/s/ Rick V. Anderson
Gregg S. Weinberg
(gweinberg@robertsmarkel.com)
Attorney in Charge
Rick V. Anderson (randerson@robertsmarkel.com)
ROBERTS MARKEL WEINBERG BUTLER
HAILEY P.C.
2800 Post Oak Blvd, 57th Floor
Houston, Texas 77056
(713) 840-1666Telephone
(713) 840-9404 Facsimile
ATTORNEYS FOR DEFENDANTS
AND ANTHONY BUCZEK
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and foregoing
document has been served via ECF on counsel of record on _______________, 2015.
/s/ John Volney
John Volney
4
#4819-4320-8739

1
#4840-8152-5282
DALLAS DIVISION
§
§
Debtor. §
___________________________________ § ___________________________________
§
MATTHEW D. ORWIG, §
AS CHAPTER 11 TRUSTEE OF §
§
Plaintiff, §
§
v. § Adversary No. 11-03397-hdh
§
§
ROBERT FREEMAN, et al., §
§
Defendants. §
ORDER GRANTING MOTION TO DISMISS
Before the Court is the Agreed Motion To Dismiss Buckno Lisicky & Company, P.C.
and Anthony Buczek As Parties Pursuant To Settlement Agreement. After considering the

2
#4840-8152-5282
Motion and the Responses, the Court is of the opinion that the Motion should be granted. It is
therefore,
ORDERED that pursuant to Federal Bankruptcy Rule 7041 and Federal Rule of Civil
Procedure 41(a)(2), the Court hereby dismisses Buckno Lisicky & Company, P.C. and Anthony
Buczek as parties in the above-captioned adversary proceeding with prejudice.
***END OF ORDER***

DALLAS DIVISION
§
§
Debtor. §
ORDER GRANTING MOTION FOR ORDER APPROVING COMPROMISE AND
SETTLEMENT AGREEMENT BETWEEN THE TRUSTEE AND
Came on for consideration the Motion (the “Motion”) of Matthew D. Orwig, the
Liquidating Trustee (the “Trustee”), seeking this Court’s approval for the settlement and
compromise of controversies (the “Agreement”) between the Trustee and Buckno Lisicky &
Company, P.C. and Anthony Buczek, who are defendants in the adversary proceeding styled
Matthew D. Orwig, as Chapter 11 Trustee of FirstPlus Financial Group, Inc. v. Robert Freeman,
et al.; Adversary No. 11-03397-HJH in the USBC Northern District of Texas, Dallas Division.
1
Case 09-33918-hdh11 Doc 1029-1 Filed 05/06/15 Entered 05/06/15 12:02:39 Page 1 of 2

The Court, having considered the Motion, the Agreement, proper service thereof, and the
evidence and arguments presented in support of and in opposition to the Motion and Agreement
finds that the Agreement is in the best interest of the Debtor’s estate. The Motion is therefore
well-taken and shall be, and hereby is, GRANTED as follows. It is therefore,
ORDERED that the Agreement between the Trustee and Buckno Lisicky & Company,
P.C. and Anthony Buczek is approved in the form described in and attached to the Motion; it is
further
ORDERED that the Trustee is authorized to enter into and take any steps necessary to
effectuate and comply with the Agreement.
### END OF ORDER###
Submitted by:
Dallas, Texas 75201
(214) 981-3800 Telephone
(214) 981-3839 Facsimile
Peter Franklin (pfranklin@franklinhayward.com)
FRANKLINHAYWARD,LLP
Dallas, Texas 75231
(972) 755-7100 Telephone
(972) 755-7110 Facsimile
Doug Skierski (DSkierski@SkiAMC.com)
SKIERSKI LAW PLLC
Dallas, Texas 75231
(214) 295-9295 Telephone
CHAPTER 11 TRUSTEE AND LIQUIDATING TRUSTEE
2
Case 09-33918-hdh11 Doc 1029-1 Filed 05/06/15 Entered 05/06/15 12:02:39 Page 2 of 2

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