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TransFirst Group, Inc. v. Magliarditi, 2:17-CV-00487-APG-VCF. (2018)

Court: District Court, D. Nevada Number: infdco20180828d98 Visitors: 8
Filed: Aug. 27, 2018
Latest Update: Aug. 27, 2018
Summary: ORDER APPROVING STIPULATON REGARDING CLAIMS AS PROPERTY OF THE ESTATE ANDREW P. GORDON , District Judge . The Stipulation Regarding Claims As Property Of The Estate ("Stipulation") 1 [ECF No. 237] having been filed; the Court having reviewed the Stipulation, and for good cause shown, it is hereby ORDERED that the Stipulation Regarding Claims As Property Of The Estate is approved; and it is further ORDERED that: 1. The Claims are property of the Debtor's bankruptcy estate pursuant to 11
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ORDER APPROVING STIPULATON REGARDING CLAIMS AS PROPERTY OF THE ESTATE

The Stipulation Regarding Claims As Property Of The Estate ("Stipulation")1 [ECF No. 237] having been filed; the Court having reviewed the Stipulation, and for good cause shown, it is hereby

ORDERED that the Stipulation Regarding Claims As Property Of The Estate is approved; and it is further

ORDERED that:

1. The Claims are property of the Debtor's bankruptcy estate pursuant to 11 U.S.C. § 541(a) and/or are held and controlled by the Chapter 7 Trustee from and after the Petition Date;

2. The Trustee and Transfirst Group, Inc. f/k/a Transfirst Holdings, Inc., Transfirst Third Party Sales LLC f/k/a Transfirst Merchant Services, Inc., and Payment Resources International, LLC each reserves its respective rights and claims with regard to the issue of whether new claims that are currently not alleged in the Action (the "Newly Discovered Claims"), are property of the Debtor's bankruptcy estate pursuant to 11 U.S.C. § 541 and/or are held and controlled by the Chapter 7 Trustee from and after the Petition Date; and

3. The Stipulation does not apply to actions for contempt that are currently pending in the Action or may arise from actions of the Defendants in the Action, and the Parties specifically reserve the issue of whether such contempt claims are the property of the Debtor's bankruptcy estate pursuant to 11 U.S.C. § 541 and/or are held and controlled by the Chapter 7 Trustee from and after the Petition Date. Submitted by:

IT IS SO ORDERED.

FootNotes


1. Unless otherwise defined herein, capitalized terms have the meanings ascribed them in the underlying Stipulation. Order Re Stipulation Re Litigation Claims Page 1 of 2
Source:  Leagle

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