Opinion
Case No. 12-06822-PB7
03-05-2013
In re JOSE LUIS ANDREU, Debtor.
WRITTEN DECISION - NOT FOR PUBLICATION
ORDER ON MOTION FOR
RELIEF FROM STAY
The Court, having read and considered the Motion for Relief from Stay brought by Coastline RE: Holdings through its attorneys of record, Peter L. Duncan, filed on June 22, 2012 as Docket No. 22 ("Motion"), and the Oppositions thereto filed by the Trustee, Leonard Ackerman through his attorney of record, Roberta Robinson, and filed by the Debtor, Jose Luis Andreu through his attorney of record, Michael O'Halloran, and filed by Patricia von Euw through her attorney of record, Christian von Euw, and the Supplemental Briefs submitted by all parties and hearing oral argument on July 23, 2012, August 27, 2012, October 22, 2012 and December 10, 2012 and good cause appearing, the Court hereby makes the following Orders:
IT IS ORDERED that:(the "Arbitration") and any pleadings related to the confirmation of any award obtained in the arbitration, including any judgment issued in the following case and any appeal of any such judgment:
1. The Motion is granted in part and its definitions are incorporated herein.
2. The automatic stay is modified effective February 8, 2013, as set out hereafter.
3. The Order affects the following non-bankruptcy case:
Case name: Coastline RE Holdings Corp. V. Jose Luis Andreu
Tribunal: American Arbitration Association
Date filed: September 29, 2011
Case No.: 73 148 00319 11 S1 M - C
Claim: All Causes of Action
Case name: Coastline RE Holdings Corp. V. Jose Luis Andreu, et al.(The "Superior Court Action"). Collectively, the Arbitration and the Superior Court Action are referred to hereafter as the "Guaranty Action."
Tribunal: San Diego Superior Court
Date filed: October 1, 2010
Case Nos.: 37-2010-00101489-CU-CL-CTL
4. The Court modifies the automatic stay of 11 U.S.C. Section 362(a) as set forth herein with respect to the Guaranty, effective February 8, 2013.IT IS SO ORDERED.
5. On or after February 8, 2013, Movant may take all steps necessary to prosecute the Guaranty Action to
conclusion in the non-bankruptcy forums referenced above, including confirming any arbitration award and entry of judgment pursuant to the arbitration award in accordance with non-bankruptcy law. Movant is not entitled to levy on the real properties already subject to writs of attachment pursuant to CCP section 700.015 to allow perfection into judgment liens against Mr. Andreu's interest in such property (if any), pending further order of this Court, and is not entitled to undertake any other enforcement of judgment procedures including, but not limited to, selling such real properties pursuant to CCP section 701.510 et seq.
6. Relief is not granted to adjudicate the Debtor's affirmative claims against the Movant for Intentional Misrepresentation, Negligent Misrepresentation, Fraud in The Inducement, Declaratory Relief and Unfair Debt Collection Practices set forth in the Debtor's Statement of Claims and Defenses dated April 9, 2012 and submitted in the Arbitration.
7. Relief is not granted to adjudicate the fraudulent conveyance claims pled against Patricia von Euw and Jose Luis Andreu in Case No. 37-2011-00086255 that are part of the Superior Court Action by virtue of a consolidation order dated may 16, 2011 executed by the Hon. Judge John S. Meyer.
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PETER W. BOWIE, Judge
United States Bankruptcy Court