Doc922 order granting motion doc 723 to vacate claims & stay further proceeding
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 COURT'S DOCKET
The 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 2
Motion given as to Seven Hills was due and proper. The Court further finds that the Motion with
respect to Seven Hills should be granted. It is, therefore,
ORDERED that the Claims Order as to the allowance of certain claims of Seven Hills is
hereby vacated. It is further
ORDERED that the proceedings with respect to the claims of Seven Hills are hereby
stayed until the Criminal Proceeding is concluded.
# # # END OF ORDER # # #
Submitted by:
Peter A. Franklin
State Bar No. 07378000
pfranklin@fslhlaw.com
Doug Skierski
State Bar No. 21288850
dskierski@fslhlaw.com
Erin K. Lovall
State Bar No. 24032553
elovall@fslhlaw.com
FRANKLIN SKIERSKI LOVALL HAYWARD LLP
10501 N. Central Expressway, Suite 106
Dallas, Texas 75231
Telephone: 972-755-7100
Facsimile: 972-755-7110
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 2 OF 2
![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 COURT'S DOCKET
The 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](https://image.slidesharecdn.com/doc922ordergrantingmotiondoc723tovacateclaimsstayfurtherproceeding-120821124119-phpapp01/85/doc922-order-granting-motion-doc-723-to-vacate-claims-stay-further-proceeding-1-320.jpg)
