Opinion
Case No. 01-611 19-DHA, Contested Matter No.
April 19, 2002
William H. Schwarzschild, III, Andrew B. Buxbaum, WILLIAMS MULLEN, Richmond, Virginia, Counsel for Shion Sakiyama, Julie Kuo, and Jong Hee Lee and Sun Hee Kwon, on behalf of the estate of Suel Lee, deceased Hsin Hwa Chen, Chin Chih Ting, and Hsin Hwa Chen and Chin Chih Ting, on behalf of the estate of Lynn May Chen, deceased
Dion W. Hayes, Esq., MCGUIRE, WOODS, LLP. Richmond, VA. Counsel for AMF Worldwide Bowling, Inc.
ORDER GRANTING RELIEF FROM STAY OF 11 U.S.C. § 362(a) AND FROM PLAN INJUNCTION
This day came Shion Sakiyama, Julie Kuo, and Jong Hee Lee and Sun Hee Kwon, on behalf of the estate of Suel Lee, deceased, and Hsin Hwa Chen, Chin Chih Ting, and Hsin Hwa Chen and Chin Chih Ting, on behalf of the estate of Lynn May Chen, deceased (the "Movants"), by counsel, and AMF Bowling Worldwide, Inc., (the "Debtor"), by counsel, pursuant to a motion (the "Motion") seeking relief from stay of 11 U.S.C. § 362(a) and the injunction set forth in Section 11.8 of the Debtors' Plan of Reorganization (the "Plan Injunction") in order to continue the Appeal and the State Action. Upon the evidence presented, the argument of counsel, and for good cause shown, it is hereby,
All capitalized terms not herein defined shall have the same meaning as under the Motion.
ADJUDGED, ORDERED, and DECREED as follows:
1. The stay of 11 U.S.C. § 362(a) and the Plan Injunction is TERMINATED as to the State Action involving certain personal injury tort and wrongful death claims brought by the Movants against the Debtor and certain other parties in California Superior Court, Los Angeles County.
2. Any right of the Debtor or any other appropriate paityto seek to remove the State Action may be exercised during die 30-day period after the conclusion of the appellate process with respect to the State Action (by remittitur, the expiration of time in seek further appeal by any party, or any other appellate disposition).
3. Nothing in this order will preclude the Movants from defending. responding or otherwise objecting to any motion filed by the Debtor socking to remove the State Action to any appropriate court of the United States for any reason or from seeking judicial abstention,