Guo Wengui / Miles Guo — bankruptcy case · ORDER · ECF #206-2

METADATA

Defendant
Guo Wengui / Miles Guo / Ho Wan Kwok
Court
CTB
Case No.
22-50073
ECF #
206
Type
ORDER

FULL TEXT

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UNITED STATES BANKRUPTCY COURT
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DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION
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In re: CHAPTER 11
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HO WAN KWOK, Case No. 22-50073(JAM)
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Debtor.

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Rui Ma, Movant Contested Matter
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v.

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Ho Wan Kwok, Respondent April 12, 2022
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PROPOSED ORDER GRANTING MOTION OF RUI MA FOR RELIEF FROM THE AUTOMATIC STAY TO ALLOW PENDING STATE COURT LITIGATION TO PROCEED

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Upon the Motion of Rui Ma for Relief from the Automatic Stay to Allow Pending State Court Litigation to Proceed [ECF \_\_\_] (the "Motion") filed by creditor Rui Ma ("Movant"); and after proper notice and a hearing having been held on the Motion; and this Court having jurisdiction to consider the Motion pursuant to 28 U.S.C. §§ 157 and 1334; and venue of the Motion in this district is proper for the purpose of issuing this Order pursuant to 28 U.S.C. §§ 1408 and 1409; and this matter being a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (G); and this Court having found that proper and adequate notice of the Motion and hearing; and any objections (if any) to the Motion having been withdrawn or overruled on the merits; and after due deliberation thereon; and sufficient "cause" having been found; and it appearing that the relief sought in the Motion should be granted; it is hereby:

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ORDERED that the Motion is granted; and it is further

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ORDERED that the automatic stay provided in 11 U.S.C. § 362(a) is hereby modified pursuant to 11 U.S.C. § 362(d)(1) to permit the Movant and/or her successors and assignees, to proceed to a final judgment in the litigation pending before the Supreme Court of the State of New York, New York County, Index No. 158140/2017, against the debtor Ho Wan Kwok a/k/a Guo Wengui, including any related appeals, remands or related proceedings; and it is further

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ORDERED that nothing herein shall operate to impose a stay or otherwise impair any rights of Movant to proceed with litigation against or recoveries from Golden Spring New York Ltd; and it is further

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ORDERED that Movant is authorized to take all actions necessary to effectuate the relief granted pursuant to this Order; and it is further

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ORDERED that the fourteen (14) day stay provided in Fed. R. Bankr. P. 4001(a)(3) is hereby waived; and it is further

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ORDERED that the Court retains jurisdiction with respect to all matters arising from or relating to the implementation, interpretation, and enforcement of this Order.

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Dated: \_\_\_\_\_\_, 2022 Bridgeport, Connecticut

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> JULIE A. MANNING UNITED STATES BANKRUPTCY JUDGE

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> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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