d. On May 29, 2019, Debtor replied to that email: “Sounds good. Thanks  for your flexibility.” Thereafter, Debtor executed the engagement letter  and contingency fee agreement on or about May 29, 2019.  13. The contingency fee agreement contained an express reference to Debtor’s  bankruptcy case and an acknowledgment of the need to obtain consent and  authorization from the bankruptcy trustee to pursue the claims:  “Clients hereby also authorize Attorneys to obtain the consent and authorization of the bankruptcy trustee, Case No. 90-13449,  Western District of Louisiana, to pursue said claims on behalf of  Pat McConathy. Clients understand that all or a portion of any funds that may be recovered may first become property [of] said  bankruptcy estate for distribution to creditors.”    14. Debtor testified in his Rule 2004 Examination (docket 285-1 at 62:7-63.5):  Q.  And you thought it was okay to pursue these claims in Kansas  that you owned prior to the time you filed bankruptcy based on your sworn testimony in the Kansas litigation. You thought it  was okay to pursue those on your own behalf even though they were not disclosed in connection with your bankruptcy case?   A.  I didn’t say anything about them being pursued on my own behalf.I said all along when I got called, these aren’t my  interests. These are not McConathy Production Company  interests. These are not McConathy Oil & Gas Company interests. I filed bankruptcy. These aren’t mine.And Jeff  and these guys [Morris Laing] think that these guys, that your  clients, have done something they shouldn’t have done. And I said, sure, go ahead. Have at it. I’m not paying them anything.I  mean like I never thought it would be anything other than come back to the Bankruptcy Court. If it makes the  Bankruptcy Courts more money, it makes them some more money. (emphasis added)   Q.  Did you tell your lawyers all that you are telling me now?   A.  Absolutely.  90-13449 - #321 File 05/20/22 Enter 05/20/22 11:56:24 Main Document Pg 7 of 35

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