Feasterville Furniture Outlet Inc.

2:08-bk-14990Paeb7 ago 2008

Testo completo

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
In re: 	:
FEASTERVILLE FURNITURE OUTLET, INC., 	: 	Chapter 7
:
Debtor 	: 	Bky. No. 08-14990 (JKF)
:
O R D E R
AND, the Debtor having filed a Petition for Emergency Order to Enforce Automatic Stay
on this date (“the Motion”),
AND, the matter having been assigned to the undersigned Emergency Judge due to the
assigned Judge’s absence from the jurisdiction on other judicial business,
AND, the court having scheduled a hearing to consider a temporary restraining order or
preliminary injunction for 3:00 p.m., to be conducted by teleconference,
AND, the chapter 7 Trustee not being available and therefore, not appearing at the
hearing,
AND, counsel for the Debtor and counsel for Federal Realty Investment Trust having
appeared at the hearing,
AND, the Debtor having requested that this court enter an Order enjoining the Court of
Common Pleas Bucks County, from conducting a contempt hearing (“the Contempt Hearing”)
on August 8, 2008 in the case Federal Realty Investment Trust v. Feasterville Furniture Outlet,
No. 08-04438,
AND, the court having considered the record made and the arguments advanced by
counsel,
Case 08-14990-jkf Doc 7 Filed 08/07/08 Entered 08/07/08 17:09:04 Desc Main
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AND, it appearing that the Contempt Hearing may involve issues of criminal contempt
only and not issues of civil contempt,
AND, it appearing that the Contempt Hearing does not appear to involve the enforcement
of prepetition claims against the Debtor or against property of the estate through the application
of the remedy of civil contempt and does not otherwise appear to create a risk of interference
with the jurisdiction of this court (in particular, this court’s exclusive jurisdiction over property
of the bankruptcy estate, see 28 U.S.C. §1334(e)),
AND, for the reasons stated on the record,
It is hereby ORDERED that the Motion is DENIED. See, e.g., In re Lincoln, 264 B.R.
370 (Bankr. E.D. Pa. 2001); In re Allison, 182 B.R. 881 (Bankr. N.D. Ala. 1995).
Date: 	August 7, 2008
ERIC L. FRANK
U.S. BANKRUPTCY JUDGE
Case 08-14990-jkf Doc 7 Filed 08/07/08 Entered 08/07/08 17:09:04 Desc Main
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