Doc922 order granting motion doc 723 to vacate claims & stay further proceeding

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  • 1. Case 09-33918-hdh11 Doc 922 Filed 05/15/12 Entered 05/15/12 09:54:06 BANKRUPTCY COURT U.S. Desc Main Document Page 1 of 2 NORTHERN DISTRICT OF TEXAS ENTERED TAWANA C. MARSHALL, CLERK THE DATE OF ENTRY IS ON THE COURTS DOCKETThe following constitutes the ruling of the court and has the force and effect therein described. United States Bankruptcy Judge Signed May 14, 2012 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 § CHAPTER 11 DEBTOR. § ORDER GRANTING CHAPTER 11 TRUSTEE’S MOTION TO (1) VACATE CLAIMS ORDER (AS TO THE CLAIMS OF SEVEN HILLS MANAGEMENT, LLC) PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 60(B) AND (2) STAY OF FURTHER PROCEEDINGS CAME ON FOR CONSIDERATION the Trustee’s motion for relief under Federal Rule of Civil Procedure 60(b) (the “Motion”) [dkt. 723] seeking an order to i) vacate the order entered by the court (the “Claims Order”) [Docket No. 513] that allowed in part the Claims of Seven Hills Management, LLC (“Seven Hills”) and ii) stay further proceedings with respect to the Claims of Seven Hills until the criminal proceeding styled U.S. v. Scarfo, et al., Crim. No. 11- 740(RBK) pending in the U.S. District Court for the District of New Jersey (the “Criminal Proceeding”) against certain parties for whom the Claimant serves as the corporate alter-ego is concluded. The Court, having considered the Motion as to Seven Hills, the arguments of counsel, and the evidence offered, finds that the notice of the Motion and the notice of the hearing on the ORDER GRANTING CHAPTER 11 TRUSTEE’S MOTION TO (1) VACATE CLAIMS ORDER (AS TO THE CLAIMS OF SEVEN HILLS MANAGEMENT, LLC) PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 60(B) AND (2) STAY OF FURTHER PROCEEDINGS PAGE 1 OF 2
  • 2. Case 09-33918-hdh11 Doc 922 Filed 05/15/12 Entered 05/15/12 09:54:06 Desc Main Document Page 2 of 2Motion given as to Seven Hills was due and proper. The Court further finds that the Motion withrespect to Seven Hills should be granted. It is, therefore, ORDERED that the Claims Order as to the allowance of certain claims of Seven Hills ishereby vacated. It is further ORDERED that the proceedings with respect to the claims of Seven Hills are herebystayed until the Criminal Proceeding is concluded. # # # END OF ORDER # # #Submitted by:Peter A. FranklinState Bar No. 07378000pfranklin@fslhlaw.comDoug SkierskiState Bar No. 21288850dskierski@fslhlaw.comErin K. LovallState Bar No. 24032553elovall@fslhlaw.comFRANKLIN SKIERSKI LOVALL HAYWARD LLP10501 N. Central Expressway, Suite 106Dallas, Texas 75231Telephone: 972-755-7100Facsimile: 972-755-7110ORDER GRANTING CHAPTER 11 TRUSTEE’S MOTION TO (1) VACATE CLAIMS ORDER (AS TO THECLAIMS OF SEVEN HILLS MANAGEMENT, LLC) PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE60(B) AND (2) STAY OF FURTHER PROCEEDINGS PAGE 2 OF 2