TransFirst Group Inc et al v. Magliarditi et al
Filing
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ORDER granting 237 Stipulation re Claims; Signed by Judge Andrew P. Gordon on 8/27/2018. (Copies have been distributed pursuant to the NEF - JM)
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Jeanette E. McPherson, Esq., NV Bar No. 5423
Schwartzer & McPherson Law Firm
2850 South Jones Blvd., Suite 1
Las Vegas NV 89146-5308
Telephone:
(702) 228-7590
Facsimile:
(702) 892-0122
E-Mail:
bkfilings@s-mlaw.com
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Attorneys for Shelley D. Krohn, Trustee
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
2850 South Jones Boulevard, Suite 1
Las Vegas, Nevada 89146-5308
Tel: (702) 228-7590 · Fax: (702) 892-0122
SCHWARTZER & MCPHERSON LAW FIRM
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TRANSFIRST GROUP, INC. f/k/a
TRANSFIRST HOLDINGS, INC.,
TRANSFIRST THIRD PARTY SALES LLC
f/k/a TRANSFIRST MERCHANT
SERVICES, INC., and PAYMENT
RESOURCES INTERNATIONAL, LLC,
Case No. 2:17-CV-00487-APG-VCF
ORDER APPROVING STIPULATON
REGARDING CLAIMS AS PROPERTY OF
THE ESTATE
Plaintiffs,
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v.
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DOMINIC JOSEPH MAGLIARDITI;
FRANCINE MAGLIARDITI; in her
individual capacity, and as trustee of FRM
TRUST, DJM IRREVOCABLE TRUST, and
the FANE TRUST; ATM ENTERPRISES,
LLC, DII CAPITAL, INC.; DFM
HOLDINGS, LTD; DFM HOLDINGS, LP,
DII PROPERTIES LLC, MAGLIARDITI,
LTD.; CHAZZLIVE.COM, LLC; and
SPARTAN PAYMENT SOLUTIONS, LLC.,
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Defendants.
The Stipulation Regarding Claims As Property Of The Estate (“Stipulation”) 1 [ECF No.
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237] having been filed; the Court having reviewed the Stipulation, and for good cause shown, it is
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hereby
ORDERED that the Stipulation Regarding Claims As Property Of The Estate is approved;
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and it is further
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Unless otherwise defined herein, capitalized terms have the meanings ascribed them in the underlying Stipulation.
Order Re Stipulation Re Litigation Claims
Page 1 of 2
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ORDERED that:
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1.
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The Claims are property of the Debtor’s bankruptcy estate pursuant to 11 U.S.C. §
541(a) and/or are held and controlled by the Chapter 7 Trustee from and after the Petition Date;
2.
The Trustee and Transfirst Group, Inc. f/k/a Transfirst Holdings, Inc., Transfirst
International, LLC each reserves its respective rights and claims with regard to the issue of
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whether new claims that are currently not alleged in the Action (the “Newly Discovered Claims”),
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are property of the Debtor’s bankruptcy estate pursuant to 11 U.S.C. § 541 and/or are held and
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2850 South Jones Boulevard, Suite 1
Las Vegas, Nevada 89146-5308
Tel: (702) 228-7590 · Fax: (702) 892-0122
Third Party Sales LLC f/k/a Transfirst Merchant Services, Inc., and Payment Resources
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SCHWARTZER & MCPHERSON LAW FIRM
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controlled by the Chapter 7 Trustee from and after the Petition Date; and
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3.
The Stipulation does not apply to actions for contempt that are currently pending in
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the Action or may arise from actions of the Defendants in the Action, and the Parties specifically
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reserve the issue of whether such contempt claims are the property of the Debtor’s bankruptcy
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estate pursuant to 11 U.S.C. § 541 and/or are held and controlled by the Chapter 7 Trustee from
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and after the Petition Date.
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Submitted by:
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/s/ Jeanette E. McPherson
Jeanette E. McPherson, Esq.
Schwartzer & McPherson Law Firm
2850 South Jones Blvd., Suite 1
Las Vegas NV 89146
Attorneys for Shelley D. Krohn, Trustee
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IT IS SO ORDERED.
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Dated: August 27, 2018.
Dated this _____ day of _________________, 2018.
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__________________________________________
UNITED STATES DISTRICT JUDGE
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Order Re Stipulation Re Litigation Claims
Page 2 of 2
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