In re Pacific Thomas Corporation

Filing 59

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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In re
PACIFIC THOMAS CORPORATION,
dba PACIFIC THOMAS CAPITAL, dba
SAFE STORAGE,
Debtor.

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Case No. 14-cv-03465-MMC
ORDER VACATING JUDGMENT OF
BANKRUPTCY COURT; REMANDING
FOR FURTHER PROCEEDINGS

United States District Court
Northern District of California

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KYLE EVERETT, Chapter 11 Trustee,
Plaintiff and Appellee,

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v.
RANDALL WHITNEY, et al.,
Defendants and Appellants

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The Court is in receipt of the Ninth Circuit's Mandate, filed April 18, 2018, in the
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above-captioned case. Accordingly, as directed by the Ninth Circuit, see Mem. Dispo.,
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No. 16-16047, at 3 (9th Cir. March 27, 2018), the bankruptcy court's judgment, entered
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November 4, 2014, in favor of Kyle Everett, the Chapter 11 trustee for the estate of the
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debtor, Pacific Thomas Corporation, is hereby VACATED, and the action is hereby
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REMANDED to the bankruptcy court to determine whether the parties' lease agreements
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are void under principles of California contract law.
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IT IS SO ORDERED.
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Dated: April 20, 2018
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MAXINE M. CHESNEY
United States District Judge