Case SLM Doc 22 Filed 01/19/18 Entered 01/19/18 17:11:32 Desc Main Document Page 1 of 5

Similar documents
Case MBK Doc 1058 Filed 09/21/17 Entered 09/21/17 10:46:52 Desc Main Document Page 1 of 2

Case VFP Doc 543 Filed 03/10/16 Entered 03/10/16 18:15:46 Desc Main Document Page 1 of 13

Case VFP Doc 313 Filed 01/19/16 Entered 01/19/16 18:13:12 Desc Main Document Page 1 of 19

Case MS Doc 29 Filed 08/27/10 Entered 08/27/10 15:40:30 Desc Main Document Page 1 of 2

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

Case BLS Doc 176 Filed 03/28/18 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case GMB Doc 207 Filed 12/21/13 Entered 12/21/13 14:45:36 Desc Main Document Page 1 of 2

Case GMB Doc 166 Filed 12/13/13 Entered 12/13/13 10:42:31 Desc Main Document Page 1 of 6

Case BLS Doc 2398 Filed 03/21/16 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

shl Doc 36 Filed 05/15/12 Entered 05/15/12 17:26:47 Main Document Pg 1 of 5

Case DHS Doc 204 Filed 08/01/14 Entered 08/01/14 10:54:42 Desc Main Document Page 1 of 4

Case: CJP Doc #: 45 Filed: 01/26/17 Desc: Main Document Page 1 of 7 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE

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

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

Case VFP Doc 25 Filed 09/07/17 Entered 09/07/17 09:54:02 Desc Main Document Page 1 of 2 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY

Case GMB Doc 15 Filed 11/07/13 Entered 11/07/13 09:49:48 Desc Main Document Page 1 of 3

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ARIZONA

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 GMB Doc 539 Filed 10/08/14 Entered 10/08/14 11:49:26 Desc Main Document Page 1 of 2

Case: HJB Doc #: 3393 Filed: 04/07/16 Desc: Main Document Page 1 of 17 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE : :

Case CSS Doc 763 Filed 01/15/15 Page 1 of 4 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case MBK Doc 540 Filed 09/15/14 Entered 09/17/14 13:25:19 Desc Main Document Page 1 of 7

Case DOT Doc 12 Filed 12/12/11 Entered 12/12/11 16:02:14 Desc Main Document Page 1 of 8

Case MBK Doc 153 Filed 03/28/14 Entered 03/28/14 16:32:07 Desc Main Document Page 1 of 2

Case DHS Doc 120 Filed 07/07/14 Entered 07/07/14 15:50:18 Desc Main Document Page 1 of 9

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

Case: swd Doc #:288 Filed: 01/18/13 Page 1 of 7 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN ) ) ) ) ) )

Case: CJP Doc #: 1 Filed: 06/21/16 Desc: Main Document Page 1 of 13 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE

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

scc Doc 928 Filed 03/12/12 Entered 03/12/12 18:37:05 Main Document Pg 1 of 8

tjt Doc 2391 Filed 10/21/14 Entered 10/21/14 16:40:26 Page 1 of 5

Case: SDB Doc#:29 Filed:02/28/18 Entered:02/28/18 16:52:49 Page:1 of 6

Case: EEB Doc#:19 Filed:12/04/14 Entered:12/04/14 15:24:27 Page1 of 6

Case KJC Doc 730 Filed 06/27/18 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) Chapter 11

Case DHS Doc 2405 Filed 03/09/12 Entered 03/09/12 15:38:33 Desc Main Document Page 1 of 3

) ) ) ) ) ) ) NOTICE OF PRESENTMENT OF MOTION TO FURTHER EXTEND THE DATE BY WHICH OBJECTIONS TO CLAIMS MUST BE FILED

Case CMG Doc 330 Filed 08/05/14 Entered 08/05/14 12:52:46 Desc Main Document Page 1 of 6

Case wlh Doc 530 Filed 02/03/16 Entered 02/03/16 11:07:37 Desc Main Document Page 1 of 10

UNITED STATES BANKRUPTCY COURT DISTRICT OF SOUTH CAROLINA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NOTICE OF REMOVAL

alg Doc 5342 Filed 11/19/13 Entered 11/19/13 12:35:37 Main Document Pg 1 of 7 ) ) ) ) ) ) )

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

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

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:18-cv RJC

Case KG Doc 1467 Filed 06/06/18 Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

Case JNP Doc 366 Filed 06/30/18 Entered 06/30/18 13:57:47 Desc Main Document Page 1 of 2

Case Doc 434 Filed 09/08/14 Entered 09/08/14 15:29:08 Desc Main Document Page 1 of 4 UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS

Case JAD Doc 864 Filed 07/14/17 Entered 07/14/17 13:18:10 Desc Main Document Page 1 of 2

Case SLM Doc 149 Filed 06/23/17 Entered 06/23/17 16:30:52 Desc Main Document Page 1 of 7

Case nhl Doc 310 Filed 04/16/19 Entered 04/16/19 09:56:18

CHAPTER 13 MISCELLANEOUS REQUIREMENTS AND PROCEDURES REVISED APRIL 2016

shl Doc 1292 Filed 06/28/12 Entered 06/28/12 15:26:21 Main Document Pg 1 of 14

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

Case KJC Doc 25 Filed 11/22/17 Page 1 of 13 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) )

UNITED STATES BANKRUPTCY COURT

Case KJC Doc 255 Filed 12/04/18 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) Chapter 11

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case LSS Doc 246 Filed 12/28/15 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.

Case BLS Doc 2202 Filed 05/10/17 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.

Case: 3:14-cv wmc Document #: 404 Filed: 06/21/17 Page 1 of 15

Case 3:17-cv JAG Document 41 Filed 02/21/18 Page 1 of 8 PageID# 258

Case: HJB Doc #: 1668 Filed: 04/16/15 Desc: Main Document Page 1 of 8 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE : :

Case MFW Doc 416 Filed 03/29/18 Page 1 of 9 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case CSS Doc 871 Filed 12/14/18 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE : : : : : : : Chapter 7

Case CSS Doc 811 Filed 10/09/18 Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

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

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

Case KRH Doc 1 Filed 06/22/16 Entered 06/22/16 16:42:55 Desc Main Document Page 1 of 6

Pg 1 of 9 JOINT NOTICE OF FILING OF AGREED ORDER AUTHORIZING ASSUMPTION OF THE ARIZONA BILTMORE RENTAL POOL AGREEMENTS

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

Case GMB Doc 498 Filed 06/14/14 Entered 06/14/14 14:39:47 Desc Main Document Page 1 of 11

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

Case 8:15-bk MW Doc 355 Filed 01/27/16 Entered 01/27/16 10:40:06 Desc Main Document Page 1 of 8

smb Doc 308 Filed 08/12/16 Entered 08/12/16 17:49:16 Main Document Pg 1 of 5

Case KG Doc 3039 Filed 09/06/17 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case KRH Doc 1 Filed 06/22/16 Entered 06/22/16 17:28:53 Desc Main Document Page 1 of 9

Case JKS Doc 230 Filed 07/30/18 Entered 07/30/18 20:22:48 Desc Main Document Page 1 of 7

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

[FORM OF FINAL DISMISSAL ORDER] UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case DOT Doc 10 Filed 12/12/11 Entered 12/12/11 15:03:04 Desc Main Document Page 1 of 7

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

Case pwb Doc 13 Filed 06/28/16 Entered 06/28/16 11:58:12 Desc Main Document Page 1 of 8

Case pwb Doc 1097 Filed 11/26/14 Entered 11/26/14 10:26:12 Desc Main Document Page 1 of 9

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

Case KG Doc 1750 Filed 12/18/15 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case Doc 83 Filed 11/21/18 Page 1 of 9 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION

Case jrs Doc 273 Filed 03/23/17 Entered 03/23/17 11:18:05 Desc Main Document Page 1 of 10

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY ( ORDER. The relief set forth on the following page, numbered two, is hereby ORDERED.

Case: HJB Doc #: 1463 Filed: 03/17/15 Desc: Main Document Page 1 of 7 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE : : :

and Samantha Rae Bewick (together, the "Petitioners"), as the joint supervisors under the

Case: JMD Doc #: 130 Filed: 10/26/11 Desc: Main Document Page 1 of 3

Case: HJB Doc #: 3397 Filed: 04/11/16 Desc: Main Document Page 1 of 10 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE : :

Case Doc 4583 Filed 08/03/16 Entered 08/03/16 15:18:08 Desc Main Document Page 1 of 7

mg Doc 7850 Filed 12/10/14 Entered 12/10/14 12:27:11 Main Document Pg 1 of 9

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

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

shl Doc 1149 Filed 05/22/13 Entered 05/22/13 17:21:28 Main Document Pg 1 of 12

Transcription:

Document Page 1 of 5 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-1(b) RABINOWITZ, LUBETKIN & TULLY, L.L.C. 293 Eisenhower Parkway, Suite 100 Livingston, NJ 07039 (973) 597-9100 Jonathan I. Rabinowitz, Esq. Counsel to Defendants In re: MOUNTAIN CREEK RESORT, INC. et al., Debtors. MOUNTAIN CREEK RESORT, INC., et al., v. Plaintiffs, Case No. 17-19899 Chapter 11 Order Filed on January 19, 2018 by Clerk, U.S. Bankruptcy Court - District of New Jersey Jointly Administered Judge: Stacey L. Meisel Adv. Pro. No. 17-01724 (SLM) CRYSTAL CREEK ASSOCIATES LLC, LAKE ISLE CORPORATION, SAIL ENERGY LLC, VENTURETEK, LP, SKY VENTURES LLC, AND ESTHER STAHLER 2003 GRANTOR RETAINED ANNUITY TRUST, Defendants. STIPULATION AND ORDER PURSUANT TO BANKRUPTCY RULE 7041 AND F.R.C.P. 41(a)(2) DISMISSING ADVERSARY PROCEEDING WITH PREJUDICE AND WITHDRAWING THE APPLICATION FOR PRELIMINARY INJUNCTION WITH PREJUDICE DATED: January 19, 2018

Document Page 2 of 5 WHEREAS: A. The above captioned defendants (the "Defendants") hold certain notes (the "Notes") against the above captioned debtors and debtors-in-possession (the "Debtors"); B. The Notes were guaranteed (the "Guarantees") by Burton Koffman, Jeffrey Koffman, David Koffman, Steven Koffman, HSK Funding, Inc. and HSK-MC, LLC (collectively, the Guarantors ); C. The Debtors filed voluntary Chapter 11 petitions on May 15, 2017, in the Bankruptcy Court for the District of New Jersey (the Bankruptcy Court ) and were thereafter continued in the possession of their assets and the management of their businesses as debtorsin-possession; D. Defendants allege that the Debtors defaulted under the terms and provisions of the Notes and the Guarantors defaulted under the terms and provisions of the Guarantees (the "Defaults"); E. As a result of the Defaults, the Defendants commenced an action in the Superior Court of New Jersey, Bergen County, Law Division (the "State Court") to enforce the Guarantees (the "Guarantee Action"); F. The Debtors filed the above captioned adversary proceeding in the Bankruptcy Court for the District of New Jersey (the "Bankruptcy Court") seeking to enjoin the Guarantee Action on the following three theories: (i) to allow the Guarantee Action to proceed would take away from the Guarantors' time to devote to the management and the reorganization of the Debtors; (ii) to allow the Guarantee Action to proceed could result in a loss of assets that the Guarantors are prepared to contribute to the Debtors' reorganization; and (ii) to allow the Guarantee Action to go forward will result in issue preclusion (the "Adversary Proceeding"); G. The Defendants filed an Answer to the Complaint in the Adversary Proceeding;

Document Page 3 of 5 H. Pending a hearing and determination of the Adversary Proceeding, the Debtors filed an application for a preliminary injunction seeking to preliminarily enjoin the Guarantee Action on the same theories set forth in recital (F) above (the "Preliminary Injunction Application"); I. The parties have engaged in discovery in the Adversary Proceeding; and J. The parties have agreed, with prejudice, to dismiss the Adversary Proceeding pursuant to Bankruptcy Rule 7041 and F.R.C.P. 41(a)(2) and withdraw the Preliminary Injunction Application on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto, through their respective counsel, agree as follows: 1. The Adversary Proceeding is dismissed pursuant to Bankruptcy Rule 7041 and F.R.C.P. 41(a)(2) with prejudice with each side to bear its own costs. 2. The Preliminary Injunction Application is hereby withdrawn with prejudice with each side to bear its own costs. 3. The Debtors and the Guarantors shall not file any further adversary proceedings or applications seeking to enjoin the Guarantee Action on any legal theory. 4. The Debtors and the Guarantors shall not file a petition for removal of the Guarantee Action to any Federal Court, including, without limitation, the Bankruptcy Court, pursuant to Bankruptcy Rule 9027 and 28 U.S.C. 1441 et seq. including, without limitation, 28 U.S.C. 1452. 5. There shall be no restriction of any kind or nature on the Noteholders prosecution of the Guarantee Action in the State Court and the Debtors shall be precluded from arguing that 362(a) stays the Guarantee Action from proceeding and for the avoidance of doubt, the

Document Page 4 of 5 automatic stay set forth in 362(a) is vacated under 362(d), to allow the Guarantee Action to proceed in State Court. 6. The Guarantors shall have until February 16, 2018 to file and serve an answer in the Guarantee Action. 7. Other than as set forth herein, this Stipulation and Order is without prejudice to any other rights, claims and defenses of the parties which rights, claims and defenses are expressly preserved. 8. The parties shall take such further acts as are reasonably necessary to effect the purposes of this Stipulation and Order including, without limitation, the Plaintiffs filing a Stipulation of Dismissal of the Adversary Proceeding and withdrawing the Preliminary Injunction Application. 9. This Stipulation and Order can be executed by counsel to the parties in counterparts. 10. This Stipulation and Order shall be effective upon it having been signed by counsel to the parties and "So Ordered" by the Bankruptcy Court. Agreed and consented to this 17 th day of January, 2018 [signatures to follow]

Document Page 5 of 5 LOWENSTEIN SANDLER Counsel for Plaintiffs /s/ Frank Catalina FRANK CATALINA, ESQ. Dated: January 17, 2018 TARTER, KRINSKY & DROGIN, LLP Counsel for Guarantors /s/ Arthur Goldstein ARTHUR GOLDSTEIN, ESQ. Dated: January 17, 2018 RABINOWITZ, LUBETKIN & TULLY, LLC Counsel for Defendants /s/ Jonathan I. Rabinowitz JONATHAN I. RABINOWITZ, ESQ. Dated: January 17, 2018 SO ORDERED THIS DAY OF JANUARY, 2018 U.S.B.J.

Case 17-01724-SLM Doc 22-1 Filed 01/19/18 Entered 01/19/18 17:11:32 Desc Notice of Order Entry Page 1 of 1 Form order ntcorder UNITED STATES BANKRUPTCY COURT District of New Jersey MLK Jr Federal Building 50 Walnut Street Newark, NJ 07102 In Re: Mountain Creek Resort, Inc. and Mountain Leasing LLC Debtor Mountain Creek Resort, Inc. Plaintiff Case No.: 17 19899 SLM Chapter 11 v. Crystal Creek Associates LLC Defendant Adv. Proc. No. 17 01724 SLM Judge: Stacey L. Meisel NOTICE OF JUDGMENT OR ORDER Pursuant to Fed. R. Bankr. P. 9022 Please be advised that on January 19, 2018, the court entered the following judgment or order on the court's docket in the above captioned case: Document Number: 22 STIPULATION AND ORDER PURSUANT TO BANKRUPTCY RULE 7041 AND F.R.C.P. 41(a)(2) DISMISSING ADVERSARY PROCEEDING WITH PREJUDICE AND WITHDRAWING THE APPLICATION FOR PRELIMINARY INJUNCTION WITH PREJUDICE. Service of notice of the entry of this order pursuant to Rule 9022 was made on the appropriate parties. See BNC Certificate of Notice. Signed on 1/19/2018 (nds) Parties may review the order by accessing it through PACER or the court's electronic case filing system (CM/ECF). Public terminals for viewing are also available at the courthouse in each vicinage. Dated: January 19, 2018 JAN: nds Jeanne Naughton Clerk