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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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 In re PACIFIC THOMAS CORPORATION, dba PACIFIC THOMAS CAPITAL, dba SAFE STORAGE, Debtor. 10 Case No. 14-cv-03465-MMC ORDER VACATING JUDGMENT OF BANKRUPTCY COURT; REMANDING FOR FURTHER PROCEEDINGS United States District Court Northern District of California 11 12 KYLE EVERETT, Chapter 11 Trustee, Plaintiff and Appellee, 13 14 15 v. RANDALL WHITNEY, et al., Defendants and Appellants 16 17 The Court is in receipt of the Ninth Circuit's Mandate, filed April 18, 2018, in the 18 above-captioned case. Accordingly, as directed by the Ninth Circuit, see Mem. Dispo., 19 No. 16-16047, at 3 (9th Cir. March 27, 2018), the bankruptcy court's judgment, entered 20 November 4, 2014, in favor of Kyle Everett, the Chapter 11 trustee for the estate of the 21 debtor, Pacific Thomas Corporation, is hereby VACATED, and the action is hereby 22 REMANDED to the bankruptcy court to determine whether the parties' lease agreements 23 are void under principles of California contract law. 24 IT IS SO ORDERED. 25 26 Dated: April 20, 2018 27 28 MAXINE M. CHESNEY United States District Judge

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