In re Pacific Thomas Corporation
ORDER VACATING JUDGMENT OF BANKRUPTCY COURT; REMANDING FOR FURTHER PROCEEDINGS. Signed by Judge Maxine M. Chesney on 4/20/18. (mmcalc, COURT STAFF) (Filed on 4/20/2018)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
PACIFIC THOMAS CORPORATION,
dba PACIFIC THOMAS CAPITAL, dba
Case No. 14-cv-03465-MMC
ORDER VACATING JUDGMENT OF
BANKRUPTCY COURT; REMANDING
FOR FURTHER PROCEEDINGS
United States District Court
Northern District of California
KYLE EVERETT, Chapter 11 Trustee,
Plaintiff and Appellee,
RANDALL WHITNEY, et al.,
Defendants and Appellants
The Court is in receipt of the Ninth Circuit's Mandate, filed April 18, 2018, in the
above-captioned case. Accordingly, as directed by the Ninth Circuit, see Mem. Dispo.,
No. 16-16047, at 3 (9th Cir. March 27, 2018), the bankruptcy court's judgment, entered
November 4, 2014, in favor of Kyle Everett, the Chapter 11 trustee for the estate of the
debtor, Pacific Thomas Corporation, is hereby VACATED, and the action is hereby
REMANDED to the bankruptcy court to determine whether the parties' lease agreements
are void under principles of California contract law.
IT IS SO ORDERED.
Dated: April 20, 2018
MAXINE M. CHESNEY
United States District Judge
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