E F L Partners X
11
10/07/2014
01/26/2016
Yes
| Repeat-PAEB, PlnDue, DsclsDue, APPEAL, DISMISSED |
Assigned to: Judge Magdeline D. Coleman Chapter 11 Voluntary Asset Debtor disposition: Dismissed for Other Reason |
|
Debtor E F L Partners X
12 South Letitia Street Philadelphia, PA 19106 PHILADELPHIA-PA Tax ID / EIN: 25-1862573 |
represented by |
MICHAEL P. DONOHUE
Smith Kane, LLC 112 Moores Road Suite 300 Malvern, Pa 19355 610 407 7018 Email: mdonohue@smithkanelaw.com ROBERT M. GREENBAUM
Smith Kane 112 Moores Road, Suite 300 Malvern, PA 19355 (610) 407-7216 Email: rgreenbaum@sgllclaw.com DAVID B. SMITH
Smith Kane 112 Moores Road, Suite 300 Malvern, PA 19355 (610) 407-7217 Fax : (610) 407-7218 Email: dsmith@smithkanelaw.com |
U.S. Trustee United States Trustee
Office of the U.S. Trustee 833 Chestnut Street Suite 500 Philadelphia, PA 19107 (215) 597-4411 |
represented by |
DAVE P. ADAMS
United States Trustee 833 Chestnut Street Suite 500 Philadelphia, PA 19107 215- 597-4411 Email: dave.p.adams@usdoj.gov KEVIN P. CALLAHAN
United States Trustee Dept. of Justice 833 Chestnut Street Suite 500 Philadelphia, PA 19107 215-597-4411 Email: kevin.p.callahan@usdoj.gov |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/14/2015 | 62 | BNC Certificate of Mailing - PDF Document. (related document(s) (Related Doc # 60)). No. of Notices: 2. Notice Date 06/14/2015. (Admin.) (Entered: 06/15/2015) |
| 06/12/2015 | 60 | Order (related document(s) 47). It is hereby ordered and determined that: 1. At the hearing, the debtor presented valuation evidence relating to whether unsecured creditors would receive a distribution pursuant to a Chapter 7 liquidation and argued that unsecured creditors could, in a best case scenario, receive a 25% distribution. See, e.g. Audio recording of hearing 3/25/15 @ 2:24pm (2:48) adv. no. 14-18043MDC. 2. This court finds that the debtor's evidence is relevant to one of two issues (1) whether the debtor lacked a valid bankruptcy purpose when it filed its bankruptcy petition; or (2) whether the debtor should be permitted to invoke this court's jurisdiction. 3. With regard to the former issue, the debtor's evidence and arguments regarding alleged appreciation of the EFL V Property was addressed by this court in the dismissal order when this court determined that the debtor initiated this bankruptcy case without a valid reorganization purpose. Dismissal Order, n.4. 4. Because the evidence presented is largely consistent with the allegation previously considered by this court, this court finds that the evidence presented by the debtor does not implicate the existence of such extraordinary circumstances that would warrant this court to revisit its prior factual determinations. See, e.g. In re Pharmacy Benefit Managers Antitrust Littig, 582 F.3d 432, 439 (3d Cir. 2009 9recognizing that in the absence of extraordinary circumstances, a court should adhere to its prior decisions); Finkle v. Polichuk (In re Polichuk), 506 B.R. 405, 426 (Bankr. E.D. Pa Feb 27, 2014) ("Under the law of the case doctrine, the court's prior decision continues to govern the same issue in later stages of the same case."). 5. With regard to the latter issue, this court finds that the debtor's arguments are premature as they go to whether this court, in response to a request by the debtor, should grant the debtor permission to file a Chapter 7 Bankruptcy petition. 6. Based upon this court's prior determination that the debtor has twice invoked this court's jurisdiction for an improper bankruptcy purpose, this court now finds that the entry of a bar order is warranted. 7. This court finds that the entry of a bar order is further warranted by this court's concern that the instant bankruptcy petition was potentially the result of unlawful conduct. See, e.g. 42Pa C.S.A. 2524(a). The debtor is prohibited from filing any future bankruptcy case without first obtaining permission from this court. 9. Until directed otherwise, the clerk of this court is directed to refrain from accepting any Bankruptcy petitions filed on behalf of the debtor. (P., Paul) (Entered: 06/12/2015) |
| 06/10/2015 | 59 | Copy of Stipulation Pursuant to Federal Bankruptcy Rule 8023 to Dismiss Appeal By and Between DAVID B SMITH and LOREN L SPEZIALE. Pursuant to Federal Bankruptcy Rule 8023, all parties hereby stipulate and agree to the dismissal of the above-captioned appeal. It is further stipulated and agreed that each side shall bear its own costs. See original stipulation on CA 15-911. (P., Paul) (Entered: 06/11/2015) |
| 04/01/2015 | 58 | Notice of Docketing Record on Appeal to District Court. Case Number: 0313215009110 (related document(s) 49). (P., Paul) (Entered: 04/06/2015) |
| 03/31/2015 | 57 | Transmittal of Record on Appeal to District Court (related documents 49Notice of Appeal) Filed by Warning: party not known (related document(s) 49). (Attachments: # 1certification of counsel # 2index of record on appeal)(P., Paul) Additional attachment(s) added on 3/31/2015 (P., Paul). (Entered: 03/31/2015) |
| 03/25/2015 | 63 | Show Cause Hearing Held. Show Cause Hearing to Consider the Imposition of Restrictions on the debtor's rights to Refile Another Bankruptcy Case. If the debtor fails to appear at the Show Cause Hearing, This Court May Enter an Order Restricting the Debtor's Right to File a New Bankruptcy Case in the Future. Pending the Conclusion of the Show Cause Hearing. The Debtor is Prohibited From Filing any Future Bankruptcy Case Without Prior Court Permission. (P., Paul) (Entered: 06/15/2015) |
| 03/25/2015 | 56 | Evidentiary Hearing Held on Show Cause to consider the imposition of restrictions on the debtor's right to refile another bankruptcy case - HELD UNDER ADVISEMENT (G., Eileen) (Entered: 03/26/2015) |
| 03/24/2015 | 55 | Affidavit Re:Proof of Amount Due to TD Bank by Debtor EFL Partners XFiled by JERRY R. DESIDERATO on behalf of TD Bank, N.A. (related document(s) 47). (Attachments: # 1Service List Certificate of Service) (DESIDERATO, JERRY) (Entered: 03/24/2015) |
| 03/10/2015 | 54 | Hearing Continued on Show Cause to consider the imposition of restrictions on the debtor's right to refile another bankruptcy case. Pending the conclusion of the show cause hearing, the debtor is prohibited from filing any future bankruptcy case without prior court permission - Hearing scheduled 3/25/2015 at 12:00 PM at nix2 - Courtroom #2. (G., Eileen) (Entered: 03/10/2015) |
| 03/05/2015 | 53 | Statement of Issues Presented and Designation of the Record on Appeal, Filed by E F L Partners X (related document(s) 49). (Attachments: # 1certificate of service)(DONOHUE, MICHAEL) Modified on 3/23/2015 (P., Paul). (Entered: 03/05/2015) |