IN RE: PENN-MONT BENEFIT SERVICES, INC.
| RACHEL MARTONE, GEORGE MCLAIN, DR. DAVID SPOKANE, ESQ. CHARLES C. PARSONS, ROB PERITZ, MARK GOODMAN, U.E. SYSTEMS, INC., DAVID RHODES, ROSA KERN, DANIEL KEITH NEWELL, ROBERT V. LARKIN, DAVID GILCREASE, HARRY R. LARKIN, DRS. MARTIN, DR ERIC KATZ, DR. ERIC KATZ, P.C., ROBERT W. CORL, PAMELA K. ERDMAN MD, INC., FREDERICK R. CAHALL, VICTORIA KATZ, OLOUAKAN COMLUCT, INC.,, WILSHIRE PALISADES LAW GROUP, P.C., KATRINA KNIEST, DR FRANK SIMONCINI, BENJAMIN FRADLIN, MICHAEL OSTERER, ANTHEM MEDICAL MANAGEMENT, INC., M&E ZENNI, INC., NORMA LEFKOWITZ, POWERCOM, INC., STEPHEN J. LARKIN, ENGINEERED SYSTEMS & PRODUCTS, INC., REBECCA EDMUNDSON, HAL KERN, ELISA ZENNI, II, FAINA FRADLIN, DR. PAMELA ERDMAN, DAVID LEFKOWITZ, CHARLES C. PARSONS & ASSOCIATES, KURT C GERHARDT, RESOURCE REALIZATIONS, INC., THE UNITED STATES OF AMERICA, WILLIAM SAMUEL NEWELL, III, DR JOHN CROUSHORE, MELISSA LANGLAIS, JAIME FARREL, ALAN BANDES, HAMID MOHSSENI and CARSON'S STEAK WAREHOUSE AND SALOON, INC. |
| JOHN D. BRADDOCK, MICHAEL GRAHAM, JIM MALONE and TRUMAN GAILEY |
| UNITED STATES TRUSTEE and GUY G. GEBHARDT |
| JOHN J. KORESKO, V |
| PENN-MONT BENEFIT SERVICES, INC. |
| 2:2014cv01487 |
| March 12, 2014 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Philadelphia |
| ELIZABETH T HEY |
| MARY A MCLAUGHLIN |
| Bankruptcy: Withdrawal |
| 28 U.S.C. § 0157 |
| None |
Docket Report
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Filing 49
ORDER THAT THE ABOVE CAPTIONED CASES ARE DISMISSED WITH PREJUDICE AND THAT PETITIONS MAY NOT BE REFILED IN ANY OTHER COURT UNLESS AND UNTIL THE PENNSYLVANIA DEBTORS OBTAIN APPROVAL AND AUTHORITY FROM THIS COURT; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 4/23/15. 4/23/15 ENTERED AND COPIES MAILED, E-MAILED.(jl, )
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| Filing 48 MEMORANDUM AND ORDER THAT THE ABOVE CAPTIONED CASES ARE DISMISSED WITH PREJUDICE AND THAT PETITIONS MAY NOT BE REFILED IN ANY OTHER COURT UNLESS AND UNTIL THE PENNSYLVANIA DEBTORS OBTAIN APPROVAL AND AUTHORITY FROM THIS COURT; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 4/23/15. 4/23/15 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) |
| Filing 47 Statement in Response to the Court's Order Directing Parties in Interest to State Their View as to How the Court Should Proceed by THE UNITED STATES OF AMERICA. (BEATY, SEAN) |
| Filing 46 Statement of the United States Trustee in Response to Order of the Court Directing Parties in Interest to State their View as to How the Court Should Proceed in the these Matters by UNITED STATES TRUSTEE. (CONWAY, GEORGE) |
| Filing 45 Statement Pursuant to Court's February 26, 2015 Order by DANIEL KEITH NEWELL, WILLIAM SAMUEL NEWELL, III, DAVID RHODES. (Attachments: #1 Certificate of Service)(ISRAEL, SAMUEL) |
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Filing 44
ORDER THAT THE PARTIES SHALL FILE A STATEMENT OF THEIR VIEWS ON HOW THE COURT SHOULD PROCEED IN THE ABOVE CAPTIONED MATTERS IN LIGHT OF THE COURT'S DECISION IN KORESKO AND THE DOL'S MEMORANDUM; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 2/26/15. 2/27/15 ENTERED AND E-MAILED, MAILED.(jl, )
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Filing 43
ORDER THAT THE CLERK OF COURT SHALL ADD UNITED STATES MAGISTRATE JUDGE ELIZABETH T. HEY TO THE DOCKET OF EACH CASE CAPTIONED. JUDGE HEY WILL BE ASSISTING WITH OVERSIGHT OF EACH OF THE CASES; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 2/25/15. 2/26/15 ENTERED AND E-MAILED.(jl, )
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| Filing 42 NOTICE of Appearance by EDWARD DIDONATO on behalf of DANIEL KEITH NEWELL, WILLIAM SAMUEL NEWELL, III, DAVID RHODES with Certificate of Service(DIDONATO, EDWARD) |
| Filing 41 Emergency MOTION for Relief from the Automatic Stay filed by DANIEL KEITH NEWELL, WILLIAM SAMUEL NEWELL, III, DAVID RHODES.Proposed Order, Certificate of Service.(ISRAEL, SAMUEL) |
| Filing 40 NOTICE of Appearance by SAMUEL H. ISRAEL on behalf of DANIEL KEITH NEWELL, WILLIAM SAMUEL NEWELL, III, DAVID RHODES with Certificate of Service(ISRAEL, SAMUEL) |
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Filing 39
ORDER THAT PETITIONERS RENEWED MOTION FOR ATTORNEYS' FEES AND COSTS IS DENIED IN PART. PETTITIONER'S MOTION FOR RELIEF FROM THE AUTOMATIC STAY AND A PARTIAL AWARD OF ATTORNEY'S FEES AND COSTS IS GRANTED; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 9/11/14. 9/12/14 ENTERED AND COPIES MAILED, E-MAILED, COPY TO FISCAL DEPT.(jl, )
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Filing 38
ORDER THAT JOHN KORESKO'S MOTION FOR AN EXTENSION OF NINETY DAYS IN WHICH TO RESPOND TO THE PETITIONERS' MOTIONS FOR AN AWARD OF ATTORNEYS FEES IS DENIED. MR. KORESKO'S REQUEST FOR AN EXTENSION OF TIME TO RESPOND TO THE PENDING MOTIONS FOR ATTORNEY FEES IS DENIED; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 7/16/14. 7/17/14 ENTERED AND COPIES MAILED, E-MAILED.(jl, )
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| Filing 37 MOTION for Extension of Time to File Response/Reply as to #36 MOTION for Attorney Fees filed by JOHN J. KORESKO, V.Certificate of Service.(KORESKO, JOHN) |
| USCA Appeal Fees received $ 505 receipt number PPE104198 re #21 Notice of Appeal filed by PENN-MONT BENEFIT SERVICES, INC. (jmg, ) |
| Filing 36 MOTION for Relief from the Automatic Stay and for a Partial Award of Attorney's Fees and Costs filed by REBECCA EDMUNDSON, JAIME FARREL, KATRINA KNIEST, MELISSA LANGLAIS, RACHEL MARTONE, GEORGE MCLAIN, ROB PERITZ, Memorandum, Certificate of Service. (Attachments: #1 Proposed Order, #2 Motion, #3 Certificate of Service)(SILVERSTEIN, IRA) Modified on 7/2/2014 (fb). |
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Filing 35
ORDER THAT THE MOTION OF KURT C. GERHARDT FOR MODIFICATION OF THE AUTOMATIC STAY TO PERMIT LITIGATION OF HIS THIRD PARTY CLAIMS AGAINST DEBTOR, PENN-MONT BENEFIT SERVICES, INC. IN A FLORIDA STATE COURT ACTION IS GRANTED; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 6/19/14. 6/19/14 ENTERED AND COPIES MAILED, E-MAILED AND MAILED TO PRO SE.(jl, )
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Filing 34
ORDER THAT THE ENTITY LISTED ABOVE (PENN-MONT BENEFIT SERVICES, INC.) WILL HAVE 30 DAYS TO RETAIN COUNSEL; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 6/18/14. 6/18/14 ENTERED AND COPIES MAILED, E-MAILED.(jl, )
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Filing 33
ORDER of USCA THAT THE ABOVE CAPTIONED CASE IS HEREBY DISMISSED FOR FAILURE TO TIMELY PROSECUTE INSOFAR AS APPELLANT TO PAY THE REQUISITE FEE OR FILE THE REQUIRED MOTION FOR IFP AS DIRECTED. A CERTIFIED COPY OF THIS ORDER BE ISSUED IN LIEU OF A FORMAL MANDATE; ETC. (jl, )
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Filing 32
ORDER of USCA THAT THE ABOVE CAPTIONED CASE IS HEREBY DISMISSED FOR FAILURE TO TIMELY PROSECUTE INSOFAR AS APPELLANT TO PAY THE REQUISITE FEE OR FILE THE REQUIRED MOTION FOR IFP AS DIRECTED. A CERTIFIED COPY OF THIS ORDER BE ISSUED IN LIEU OF A FORMAL MANDATE; ETC. (jl, )
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| NOTICE of Docketing Record on Appeal from USCA re #29 Notice of Appeal filed by PENN-MONT BENEFIT SERVICES, INC.. USCA Case Number 14-2833 (ems) |
| Filing 31 Clerk's Notice to USCA re #29 Notice of Appeal : (jl, ) |
| Filing 30 CERTIFICATE OF SERVICE by KURT C GERHARDT re #28 MOTION to Modify Automatic Stay Amended Certificate of Service (FOX, GREGORY) |
| Filing 29 NOTICE OF APPEAL as to #15 Order,, by PENN-MONT BENEFIT SERVICES, INC.. Filing fee $ 505. Copies to Judge, Clerk USCA, Appeals Clerk and (Attachments: #1 Certificate of Service)(KORESKO, JOHN) |
| Filing 28 MOTION to Modify Automatic Stay filed by KURT C GERHARDT.Motion for Modification of Stay. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service)(FOX, GREGORY) |
| NOTICE of Docketing Record on Appeal from USCA re #24 Notice of Appeal filed by JOHN J. KORESKO, V. USCA Case Number 14-1940 (ems) |
| NOTICE of Docketing Record on Appeal from USCA re #21 Notice of Appeal filed by PENN-MONT BENEFIT SERVICES, INC. USCA Case Number 14-1933 (ems) |
| Filing 27 Notice of Filing of Official Transcript with Certificate of Service re #26 Transcript - PDF 4/17/14 Entered and Copies Emailed and Mailed. (mbh, ) |
| Filing 26 Amended Transcript of Oral Argument Hearing held on March 24, 2014, before Judge Mary A. McLaughlin. Court Reporter/Transcriber Dennis Hartman. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/7/2014. Redacted Transcript Deadline set for 5/19/2014. Release of Transcript Restriction set for 7/15/2014. (mbh, ) |
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Filing 23
ORDER THAT THE MOTION FOR RECONSIDERATION OF DENIAL OF CERTAIN CREDITORS AND PARTIES IN INTEREST MOTION FOR RELIEF FROM THE AUTOMATIC STAY IS DENIED; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 4/16/14. 4/16/14 ENTERED AND COPIES MAILED, E-MAILED.(jl, )
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| Filing 25 Clerk's Notice to USCA re #24 Notice of Appeal : (jl, ) |
| Filing 24 NOTICE OF APPEAL by JOHN J. KORESKO, V Filing fee $ 0.. Copies to Judge, Clerk USCA, Appeals Clerk, CERTIFICATE OF SERVICE. (jl, ) Modified on 4/18/2014 (jl, ). |
| Filing 22 Clerk's Notice to USCA re #21 Notice of Appeal. (amas) |
| Filing 21 NOTICE OF APPEAL as to #12 Order by PENN-MONT BENEFIT SERVICES, INC.. Copies to Judge, Clerk USCA, Appeals Clerk (Attachments: #1 Certificate of Service) (KORESKO, JOHN) Modified on 4/15/2014 (nd). |
| Filing 20 MOTION for Reconsideration of Denial of Certain Creditors and Parties in Interest for Relief from the Automatic Stay filed by ANTHEM MEDICAL MANAGEMENT, INC., ALAN BANDES, CARSON'S STEAK WAREHOUSE AND SALOON, INC., CHARLES C. PARSONS & ASSOCIATES, JOHN CROUSHORE, DR. ERIC KATZ, P.C., DRS. MARTIN, ENGINEERED SYSTEMS & PRODUCTS, INC., PAMELA ERDMAN, BENJAMIN FRADLIN, FAINA FRADLIN, DAVID GILCREASE, MARK GOODMAN, ERIC KATZ, VICTORIA KATZ, HAL KERN, ROSA KERN, DAVID LEFKOWITZ, NORMA LEFKOWITZ, M&E ZENNI, INC., HAMID MOHSSENI, MICHAEL OSTERER, PAMELA K. ERDMAN MD, INC., CHARLES C. PARSONS, POWERCOM, INC., RESOURCE REALIZATIONS, INC., FRANK SIMONCINI, DAVID SPOKANE, U.E. SYSTEMS, INC., WILSHIRE PALISADES LAW GROUP, P.C., ELISA ZENNI, II.Memorandum. (Attachments: #1 Motion, #2 Order, #3 Certificate of Service)(SILVERSTEIN, IRA) |
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Filing 19
ORDER THAT THE LANGLAIS PETITIONERS MOTIONS FOR RELIEF FROM THE AUTOMATIC STAY AND FOR PARTIAL RELEASE OF THE SUPERSEDEAS BOND FUNDS ARE GRANTED. THE BANKRUPTCY STAY IS LIFTED AND ANNULLED WITH RESPECT TO THE PROCEEDING IN LANGLAIS. THE CLERK OF COURT IS DIRECTED TO RELEASE $3,8000,000.00 OF THE SUPERSEDEAS FUNDS ON OR AFTER 4/18/14. THE CHECKS SHALL BE SENT BY CERTIFIED MAIL TO OR PICKED UP IN PERSON BY: DALE J. MORGADO, ESQ.; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 4/3/14. 4/3/14 ENTERED AND COPIES MAILED, E-MAILED, COPY TO FISCAL.(jl, )
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| Filing 18 MEMORANDUM AND ORDER THAT THE LANGLAIS PETITIONERS MOTIONS FOR RELIEF FROM THE AUTOMATIC STAY AND FOR PARTIAL RELEASE OF THE SUPERSEDEAS BOND FUNDS ARE GRANTED. THE BANKRUPTCY STAY IS LIFTED AND ANNULLED WITH RESPECT TO THE PROCEEDING IN LANGLAIS; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 4/3/14. 4/3/14 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) |
| Filing 17 Notice of Filing of Official Transcript with Certificate of Service re #16 Transcript - PDF, 4/2/14 Entered and Copies Emailed and Mailed.. (jl, ) |
| Filing 16 TRANSCRIPT of held on 3/24/14, before Judge MCLAUGHLIN. Court Reporter/Transcriber DENNIS HARTMAN. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/23/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/1/2014. ORAL ARGUMENT HEARING(jl, ) |
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Filing 15
ORDER THAT WHERE ONE OF THE ABOVE CAPTIONED DEBTORS SEEKS TO UTILIZE COUNSEL OR A PROFESSIONAL AS CONTEMPLATED UNDER THE BANKRUPTCY CODE, THE DEBTOR SHALL FILE AN APPLICATION UNDER SECTION 327-329 OF TITLE 11 U.S.C. WITH THIS COURT TO RETAIN SAID COUNSEL AND/OR OTHER PROFESSIONAL PERSONS WHICH MAY BE RESPONDED TO BY INTERESTED PARTIES AND SHALL BE DETERMINED BY THIS COURT UPON NOTICE AND AFTER OPPORTUNITY TO BE HEARD; AND IN PARTICULAR PENN-MONT SHALL MAKE APPLICATION AS AFORESAID TO RETAIN COUNSEL BEFORE PROCEEDING IN PURSUING LITIGATION PENDING IN THE MATTER OF PENN-MONT BENEFIT SERVICES VS UNITED STATES, 13-4130; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 3/27/14. 3/27/14 ENTERED AND COPIES MAILED, E-MAILED.(jl, )
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| Filing 14 NOTICE by UNITED STATES TRUSTEE re #10 Suspense Order, Set/Clear Flags,,,, describing activities permitted while case is suspended and process for retention of counsel and professionals (BAKER, FREDERIC) |
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Filing 13
ORDER THAT THE MOTION OF CERTAIN CREDITORS AND PARTIES IN INTEREST FOR RELIEF FROM THE AUTOMATIC STAY IS DENIED; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 3/26/14. 3/27/14 ENTERED AND E-MAILED, MAILED.(jl, )
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Filing 12
ORDER THAT THE UNITED STATES MOTION FOR RELIEF FROM THE AUTOMATIC STAY AND REQUEST FOR EXPEDITED HEARING IS GRANTED; ETC.. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 3/26/14. 3/26/14 ENTERED AND COPIES MAILED, E-MAILED.(jl, )
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Filing 11
ORDER THAT UPON CONSIDERATION OF THE MOTION OF HARRY R. LARKIN, ROBERT V. LARKIN, STEPHEN J. LARKIN, ROBERT W. CORL, FREDERICK R. CAHALL, AND OLOUAKAN COMLUCT, INC., FOR RELIEF FROM THE AUTOMATIC STAY, AND FOLLOWING THE HEARING ON 3/24/2014, ON THIS MOTION, IT IS HEREBY ORDERED THAT THE MOTION IS DENIED. THE COURT DENIES THE MOVANTS' REQUEST FOR RELIEF FROM THE AUTOMATIC STAY PURSUANT TO 11 U.S.C. 362(d), ETC. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 3/25/14. 3/26/14 ENTERED AND COPIES MAILED TO PRO SE PARTIES AND E-MAILED. (ti, )
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Filing 10
ORDER THAT UPON CONSIDERATION OF THE US TRUSTEE'S MOTION TO SUSPEND THE PROCEEDINGS IN ALL CASES PURSUANT TO 11 U.S.C. 305 AND THE WAGNER LAW GROUP'S MOTION TO SUSPEND INVOLUNTARY PETITIONS UNDER 11 U.S.C. 305, IT IS HEREBY ORDERED THAT, ALL PROCEEDINGS IN THESE CASES ARE SUSPENDED. IT IS FURTHER ORDERED THAT THE AUTOMATIC STAY WILL REMAIN IN PLACE WHILE THESE BANKRUPTCY CASES ARE SUSPENDED. IT IS FURTHER ORDERED THAT FREDERIC BAKER, THE US TRUSTEE, SHALL SUBMIT A PROPOSED ORDER TO THE COURT, ON OR BEFORE 4/1/2014, ETC. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 3/25/14. 3/26/14 ENTERED AND COPIES MAILED TO PROSE PARTIES AND COUNSEL, AND E-MAILED. (ti, ) Modified on 3/31/2014 (ti, ).
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| Filing 9 Minute Entry for proceedings held before HONORABLE MARY A. MCLAUGHLIN: Oral Argument held on 3/24/14 Court Reporter: Kelly Haggerty. (ti, ) |
| Filing 8 MOTION for Relief From Automatic Stay filed by ANTHEM MEDICAL MANAGEMENT, INC., CARSON'S STEAK WAREHOUSE AND SALOON, INC., CHARLES C. PARSONS & ASSOCIATES, DR. ERIC KATZ, P.C., ENGINEERED SYSTEMS & PRODUCTS, INC., M&E ZENNI, INC., PAMELA K. ERDMAN MD, INC., POWERCOM, INC., RESOURCE REALIZATIONS, INC., DAVID SPOKANE, U.E. SYSTEMS, INC., WILSHIRE PALISADES LAW GROUP, P.C..Certificate of Service. (Attachments: #1 Order, #2 Motion)(SILVERSTEIN, IRA) Modified on 3/26/2014 (sg, ). |
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Filing 7
ORDER THAT MR. KORESKO MAY PARTICIPATE IN THE MARCH 24 HEARING BY TELEPHONE. MR. KORESKO IS DIRECTED TO CALL CHAMBERS IN ORDER TO PARTICIPATE IN THE HEARING. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 3/20/14. 3/21/14 ENTERED AND COPIES MAILED TO PROSE PARTIES AND COUNSEL, AND E-MAILED. (ti, ) Modified on 3/31/2014 (ti, ).
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| Filing 6 MOTION for Relief From Automatic Stay filed by FREDERICK R. CAHALL, ROBERT W. CORL, HARRY R. LARKIN, ROBERT V. LARKIN, STEPHEN J. LARKIN, OLOUAKAN COMLUCT, INC.,.Memorandum. (Attachments: #1 Order, #2 Motion, #3 Certificate of Service)(SILVERSTEIN, IRA) |
| Filing 5 NOTICE of Appearance by ASHTON S. PHILLIPS on behalf of THOMAS PEREZ (PHILLIPS, ASHTON) |
| Filing 4 NOTICE of Hearing ORAL ARGUMENT ON PENDING MOTIONS SET FOR 3/24/2014 09:30 AM, COURTROOM 13-A, UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PA.(ti, ) |
| Filing 3 CERTIFICATE OF SERVICE by THE UNITED STATES OF AMERICA re #2 MOTION for Relief from the Automatic Stay and Request for Expedited Hearing (BEATY, SEAN) |
| Filing 2 MOTION for Relief from the Automatic Stay and Request for Expedited Hearing filed by THE UNITED STATES OF AMERICA.Brief. (Attachments: #1 Text of Proposed Order)(BEATY, SEAN) |
| Filing 1 Original Record together with certified copy of docket entries received from the U.S. Bankruptcy Court RE: WITHDRAWAL OF REFERENCE. (jmv, ) (sbt, ). |
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