Case Document 1590 Filed in TXSB on 03/16/12 Page 1 of 4

Similar documents
Case Document 1259 Filed in TXSB on 10/13/11 Page 1 of 4

Case Document 431 Filed in TXSB on 03/21/17 Page 1 of 35

Case Document 162 Filed in TXSB on 11/07/18 Page 1 of 6

Case Document 2587 Filed in TXSB on 09/24/13 Page 1 of 7 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case Document 1075 Filed in TXSB on 12/20/16 Page 1 of 3

Case Document 533 Filed in TXSB on 09/26/18 Page 1 of 11

Case Document 1058 Filed in TXSB on 09/14/18 Page 1 of 8 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case Document 496 Filed in TXSB on 04/04/16 Page 1 of 3

Case Document 752 Filed in TXSB on 07/20/18 Page 1 of 5

Case Document 866 Filed in TXSB on 05/25/18 Page 1 of 9 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. SENIOR CARE CENTERS, LLC, et al. Case No.

Case Document 1045 Filed in TXSB on 09/13/18 Page 1 of 7 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case Document 1184 Filed in TXSB on 11/05/18 Page 1 of 5

Case KG Doc 3518 Filed 04/04/18 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.

Case CSS Doc 783 Filed 09/07/18 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

mg Doc 5954 Filed 11/26/13 Entered 11/26/13 14:41:13 Main Document Pg 1 of 7 ) ) ) ) ) ) ) Debtors.

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case LMI Doc 433 Filed 08/05/15 Page 1 of 7

Case Document 593 Filed in TXSB on 03/16/18 Page 1 of 9

Case Document 1565 Filed in TXSB on 11/12/18 Page 1 of 3

rdd Doc 185 Filed 03/26/19 Entered 03/26/19 20:51:31 Main Document Pg 1 of 14

Case PJW Doc 716 Filed 09/04/14 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.

Case Document 380 Filed in TXSB on 02/08/18 Page 1 of 8

Case Document 3784 Filed in TXSB on 06/17/16 Page 1 of 5 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case GLT Doc 1551 Filed 05/23/18 Entered 05/23/18 15:07:17 Desc Main Document Page 1 of 5

Case Document 735 Filed in TXSB on 05/28/18 Page 1 of 8

Case dml11 Doc 6977 Filed 03/13/12 Entered 03/13/12 15:13:05 Desc Main Document Page 1 of 5

Case Document 431 Filed in TXSB on 10/06/17 Page 1 of 7

Case Document 951 Filed in TXSB on 11/23/16 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION

Case ast Doc 263 Filed 10/14/14 Entered 10/14/14 15:36:10. (Jointly Administered)

Case Document 5 Filed in TXSB on 09/18/15 Page 1 of 8

Case Document 3262 Filed in TXSB on 08/13/14 Page 1 of 8

Case Document 21 Filed in TXSB on 07/12/18 Page 1 of 6 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

mg Doc 226 Filed 01/21/16 Entered 01/21/16 15:47:49 Main Document Pg 1 of 6. Debtors.

Case KG Doc 320 Filed 12/10/18 Page 1 of 4 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case Document 1122 Filed in TXSB on 10/19/18 Page 1 of 5 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case rfn11 Doc 212 Filed 04/06/11 Entered 04/06/11 05:12:40 Desc Main Document Page 1 of 5

Case mgd Doc 414 Filed 11/21/17 Entered 11/21/17 16:12:38 Desc Main Document Page 1 of 14

Case Document 160 Filed in TXSB on 01/30/17 Page 1 of 17

Case rfn11 Doc 1013 Filed 02/17/17 Entered 02/17/17 15:47:39 Page 1 of 11

Case KG Doc 2912 Filed 08/17/17 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE : : : : : :

Case VFP Doc 943 Filed 04/04/17 Entered 04/04/17 14:35:26 Desc Main Document Page 1 of 2

Case Document 166 Filed in TXSB on 07/05/16 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS

Case MBK Doc 635 Filed 01/16/15 Entered 01/22/15 08:05:30 Desc Main Document Page 1 of 5

Case BLS Doc 2348 Filed 06/05/15 Page 1 of 5 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE : : : : : : : : : Chapter 11

Case Document 763 Filed in TXSB on 11/06/18 Page 1 of 18

Case CSS Doc 5 Filed 12/11/17 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE

UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

mg Doc 5459 Filed 10/23/13 Entered 10/23/13 16:27:48 Main Document Pg 1 of 7

Case Document 597 Filed in TXSB on 06/02/17 Page 1 of 6

Case Document 88 Filed in TXSB on 01/19/17 Page 1 of 5

Case CSS Doc 512 Filed 02/07/18 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) )

Case Document 593 Filed in TXSB on 06/02/17 Page 1 of 6

rbk Doc#20 Filed 08/18/17 Entered 08/18/17 11:12:19 Main Document Pg 1 of 13

Case Document 3609 Filed in TXSB on 09/14/15 Page 1 of 17

Case BLS Doc 392 Filed 06/19/18 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case GLT Doc 882 Filed 08/15/17 Entered 08/15/17 16:29:43 Desc Main Document Page 1 of 5

Case Document 664 Filed in TXSB on 12/07/17 Page 1 of 12

Case JMC-7A Doc 2675 Filed 07/06/18 EOD 07/06/18 09:55:13 Pg 1 of 6

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ARIZONA

hcm Doc#303 Filed 06/24/15 Entered 06/24/15 13:51:06 Main Document Pg 1 of 7

Case JMC-7A Doc 2859 Filed 09/06/18 EOD 09/06/18 15:05:13 Pg 1 of 6

mew Doc 3804 Filed 08/30/18 Entered 08/30/18 15:11:04 Main Document Pg 1 of 2

Case KJC Doc 579 Filed 08/16/16 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.

Case Document 283 Filed in TXSB on 01/24/18 Page 1 of 4

Case Document 86 Filed in TXSB on 05/13/16 Page 1 of 7

Case JMC-7A Doc 2874 Filed 09/10/18 EOD 09/10/18 15:45:25 Pg 1 of 7

Case Document 235 Filed in TXSB on 04/14/15 Page 1 of 5

Case hdh11 Doc 639 Filed 11/21/17 Entered 11/21/17 13:18:18 Page 1 of 14

CROSS-APPELLANT S MOTION TO REINSTATE APPEAL

Case KJC Doc 564 Filed 08/11/16 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.

Case bjh11 Doc 338 Filed 01/11/19 Entered 01/11/19 16:18:50 Page 1 of 2

AGREED MOTION FOR ENTRY OF CONSENT JUDGMENT AND PERMANENT INJUNCTION

Case hdh Doc 97 Filed 01/09/18 Entered 01/09/18 21:23:39 Page 1 of 8

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case JMC-7A Doc 2860 Filed 09/06/18 EOD 09/06/18 15:17:57 Pg 1 of 6

mg Doc 30 Filed 02/27/18 Entered 02/27/18 15:31:01 Main Document Pg 1 of 6

Case GLT Doc 1555 Filed 05/23/18 Entered 05/23/18 17:36:15 Desc Main Document Page 1 of 5

Case KLP Doc 558 Filed 10/16/17 Entered 10/16/17 22:03:54 Desc Main Document Page 1 of 6

Case: HJB Doc #: 255 Filed: 10/22/14 Desc: Main Document Page 1 of 15 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE : : : :

Case KJC Doc 172 Filed 08/02/16 Page 1 of 9 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE. Chapter 11

Case Document 1218 Filed in TXSB on 12/21/18 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case PJW Doc 385 Filed 07/16/13 Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION Case No

Case 4:11-cv Document 102 Filed in TXSD on 09/11/12 Page 1 of 8

shl Doc 757 Filed 03/26/19 Entered 03/26/19 13:18:35 Main Document Pg 1 of 8

IN THE UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE : : : : : : : : : : : : : : : : : : : : COMPLAINT

Case KJC Doc 2 Filed 03/12/18 Page 1 of 16 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case Document 104 Filed in TXSB on 12/02/16 Page 1 of 3

Case Document 743 Filed in TXSB on 06/01/18 Page 1 of 7

Case Document 1287 Filed in TXSB on 12/06/16 Page 1 of 5

Case Document 3769 Filed in TXSB on 05/03/16 Page 1 of 6 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

hcm Doc#150 Filed 07/10/15 Entered 07/10/15 19:14:59 Main Document Pg 1 of 8

PLEASE TAKE NOTICE, that upon the attached Declaration of Michael. Goldstein, Esq., dated May 13, 2016, the annexed Exhibits, and the Memorandum of

Case pwb Doc 1093 Filed 11/20/14 Entered 11/20/14 11:00:52 Desc Main Document Page 1 of 8

Case Document 371 Filed in TXSB on 09/17/12 Page 1 of 4

Case GLT Doc 1713 Filed 08/16/18 Entered 08/16/18 17:01:17 Desc Main Document Page 1 of 2

shl Doc 466 Filed 10/03/18 Entered 10/03/18 19:34:41 Main Document Pg 1 of 2

Case hdh11 Doc 1124 Filed 12/16/11 Entered 12/16/11 17:31:17 Desc Main Document Page 1 of 9

shl Doc 2333 Filed 06/28/16 Entered 06/28/16 15:51:23 Main Document Pg 1 of 8

Transcription:

Case 10-60149 Document 1590 Filed in TXSB on 03/16/12 Page 1 of 4 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION IN RE: Case No. 10-60149 LACK S STORES INCORPORATED, et al., (Chapter 11) DEBTORS 1 MOTION OF ISRAEL ORONA TO LIFT AUTOMATIC STAY THIS IS A MOTION FOR RELIEF FROM THE AUTOMATIC STAY. IF IT IS GRANTED, THE MOVANT MAY ACT OUTSIDE OF THE BANKRUPTCY PROCESS. IF YOU DO NOT WANT THE STAY LIFTED, IMMEDIATELY CONTACT THE MOVING PARTY TO SETTLE. IF YOU CANNOT SETTLE, YOU MUST FILE A RESPONSE AND SEND A COPY TO THE MOVING PARTY AT LEAST 7 DAYS BEFORE THE HEARING. IF YOU CANNOT SETTLE, YOU MUST ATTEND THEHEARING. EVIDENCE MAY BE OFFERED AT THE HEARING AND THE COURT MAY RULE. REPRESENTED PARTIES MAY ACT THROUGH THEIR ATTORNEYS. THERE WILL BE A HEARING ON THIS MATTER ON APRIL3, 2012 AT 2:30 P.M. BEFORE THE HONORABLE JEFF BOHM, UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS, 515 RUSK AVENUE, IN COURTROOM 600, HOUSTON, TEXAS 77002. 1. COMES NOW, ISRAEL ORONA, (hereinafter Movant ) and files this Motion to Lift Automatic Stay, and in support thereof would respectfully show the Court as follows: 2. Movant is the Plaintiff in a lawsuit pending against debtor LACK S STORES, 1 The Debtors and the last four digits of their tax identification numbers are Lack s Stores, Incorporated (6528), Merchandise Acceptance Corporation (0972), Lack s Furniture Centers, Inc. (9468), and Lack Properties, Inc. (8961). MOTION OF ISRAEL ORONA TO LIFT AUTOMATIC STAY Page 1 of 4 US 1312617v.1

Case 10-60149 Document 1590 Filed in TXSB on 03/16/12 Page 2 of 4 INCORPORATED, one of the above-captioned debtors, and should be a party in interest in these proceedings. 3. Debtors Lack s Stores, Incorporated; Lack Properties, Inc.; Lack s Furniture Centers, Inc.; and Merchandise Acceptance Corporation filed Voluntary Petitions for Relief under Chapter 11 of Title 11 of the United States Code on November 16, 2010. Movant brings this action under 11 U.S.C. Sec. 362(d) for relief from the automatic stay arising from the filing of the petition in the above-captioned proceeding. This court has jurisdiction of this action under 28 U.S.C. 1334 and 157 and 11 U.S.C. 105. 4. Movant is a Plaintiff in a pending lawsuit against Lack s Stores Incorporated, cause number 12-02-50901-CV in the 79 th District Court of Jim Wells County, Texas. A true and correct file-marked copy of Plaintiff s Original Petition in that case is attached hereto as Exhibit A. 5. The automatic stay took effect because of the filing of the petition in bankruptcy, pursuant to 11 U.S.C. 362. Movant is entitled to relief from the operation of such stay for the reason that his interest in being fully compensated for his injuries and damages will not be adequately protected if the stay is allowed to remain in full force and effect. Further, it is the intention of the Movant to only seek compensation in the State Court action from debtor Lack s Stores, Incorporated up to the limits of Debtors insurance coverage through an insurance policy issued by Chartis Insurance Company / American MOTION OF ISRAEL ORONA TO LIFT AUTOMATIC STAY Page 2 of 4 US 1312617v.1

Case 10-60149 Document 1590 Filed in TXSB on 03/16/12 Page 3 of 4 International South Insurance Company, Claim Number 684-316574-001, Policy Number 009804339. Movant waives any and all claims and causes of action against the Debtors and their estates that are not payable from applicable insurance proceeds and shall have no such claims against the Debtors or their respective estates and agrees that any such claims filed against the estates are deemed withdrawn without any further action of the parties or this Court. 6. WHEREFORE, Movant respectfully requests that, after such notice and hearing upon this complaint as the court deems appropriate, the court grant relief from the automatic stay by terminating such stay with respect to its effect on Movant s claims in cause number 12-02-50901-CV in the 79 th District Court of Jim Wells County, Texas. Respectfully submitted, BRUNKENHOEFER LAW FIRM, P.C. 606 N. Carancahua Street, Suite 1200 Corpus Christi, Texas 78401 Phone No. (361) 888-8808 Fax No. (361) 888-6753 /s/ Anna C. Huff Brunkenhoefer ANNA C. HUFF BRUNKENHOEFER SBN: 24069427 Robert E. Brunkenhoefer SBN: 03256000 Craig E. Brunkenhoefer SBN: 24071254 ATTORNEYS FOR ISRAEL ORONA MOTION OF ISRAEL ORONA TO LIFT AUTOMATIC STAY Page 3 of 4 US 1312617v.1

Case 10-60149 Document 1590 Filed in TXSB on 03/16/12 Page 4 of 4 Certificate of Conference I hereby certify that I, Anna C. Huff Brunkenhoefer, attorney for Movant, have discussed this Motion with counsel for the Debtors and was able to reach an agreement on the requested relief, the terms of which are contained in the Agreed Order pertinent to this Motion. /s/ Anna C. Huff Brunkenhoefer MOTION OF ISRAEL ORONA TO LIFT AUTOMATIC STAY Page 4 of 4 US 1312617v.1

Case 10-60149 Document 1590-1 Filed in TXSB on 03/16/12 Page 1 of 4 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION IN RE: LACK S STORES, INCORPORATED, ET AL., 1 DEBTORS. CASE NO. 10-60149 (Chapter 11) (Jointly Administered) THE AUTOMATIC STAY UNDER 11 U.S.C 362 [Related to Dkt. No. ] The Court has considered the Motion of Israel Orona to Lift Automatic Stay [Docket No. ] (the Motion filed by the Movant ). The Court finds that (a) it has jurisdiction over this matter pursuant to 28 U.S.C. 1334(b); (b) this is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(A) and (G); and (c) due and adequate notice of this Motion has been given under the circumstances. Therefore, it is ORDERED that Movants Motion is GRANTED to the limited extent set forth herein. It is further ORDERED that the automatic stay imposed by 11 U.S.C. 362 is hereby by MODIFIED solely as to Movant for the limited purpose of permitting Israel Orona (the Plaintiff ) to proceed to final judgment in the state court lawsuit styled Israel Orona v. John Doe and Lack s Stores, Inc., Cause No. 12-02-50901-CV now pending in the 79th Judicial District Court of Jim Wells County, Texas (the State Court Lawsuit ) and 1 The Debtors and the last four digits of their tax identification numbers are Lack s Stores, Incorporated (6528), Merchandise Acceptance Corporation (0972), Lack s Furniture Centers, Inc. (9468), and Lack Properties, Inc. (8961). THE AUTOMATIC STAY UNDER 11 U.S.C 362 1 of 4 US 1298497v.2

Case 10-60149 Document 1590-1 Filed in TXSB on 03/16/12 Page 2 of 4 to allow the Plaintiff to execute, levy, and collect upon any final judgment as may be obtained by Plaintiff in the State Court Lawsuit; provided, however, that Plaintiff s recovery against each Debtor and non-debtor defendant in the State Court Lawsuit shall be limited solely to funds available for indemnity of defendants named in the State Court Lawsuit, to the full extent of available and unimpaired primary and excess insurance policy limits. It is further ORDERED that nothing in this Order shall be deemed or construed to authorize a lifting of the automatic stay as to recovery of any amounts whatsoever from any of the Debtors or their respective estates or of any assets that constitute property of the Debtors estates within the contemplation of Bankruptcy Code 541. It is further ORDERED that, in addition to the limitations contained in the preceding paragraphs, nothing contained in this Order shall be deemed to modify or otherwise alter the automatic stay to permit the incurrence by the Debtors respective estates of (a) adverse judgments that are not covered by insurance policies and payable by the proceeds thereof or (b) insurance deductibles, attorneys fees, or any other costs relating to the lawsuits contemplated by the Motion. It is further ORDERED that any and all claims asserted by Movant that are not payable from applicable insurance proceeds are hereby waived, and Movant shall have no such claims against the Debtors or their respective estates, and any such claims filed against the estates shall be deemed withdrawn without any further action of the parties or this Court. It is further THE AUTOMATIC STAY UNDER 11 U.S.C 362 2 of 4 US 1298497v.2

Case 10-60149 Document 1590-1 Filed in TXSB on 03/16/12 Page 3 of 4 ORDERED that this Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation, interpretation, and/or enforcement of this Order. SIGNED this day of, 2012. Jeff Bohm UNITED STATES BANKRUPTCY JUDGE AGREED TO BY: VINSON & ELKINS LLP By: _/s/ Katherine D. Grissel Daniel C. Stewart, SBT #19206500 Paul E. Heath, SBT #093555050 Michaela C. Crocker, SBT #24031985 Katherine D. Grissel, SBT #24059865 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201 Tel: 214.220.7700 Fax: 214.999.7787 mcrocker@velaw.com kgrissel@velaw.com ATTORNEYS FOR THE DEBTORS THE AUTOMATIC STAY UNDER 11 U.S.C 362 3 of 4 US 1298497v.2

Case 10-60149 Document 1590-1 Filed in TXSB on 03/16/12 Page 4 of 4 BRUNKENHOEFER LAW FIRM, P.C. By: /s/ Anna C. Huff Brunkenhoefer Anna C. Huff Brunkenhoefer SBN: 24069427 S.D. Tex. Bar No.: 1064476 Robert E. Brunkenhoefer SBN: 03256000 Craig E. Brunkenhoefer SBN: 24071254 606 B. Carancahua Street, Suite 1200 Corpus Christi, Texas 78401 Tel: 361-888-8808 Fax: 361-888-6753 Email: anna@brunklaw.com ATTORNEYS FOR ISRAEL ORONA THE AUTOMATIC STAY UNDER 11 U.S.C 362 4 of 4 US 1298497v.2