LANGLAIS et al v. PENNMONT BENEFIT SERVICES, INC. et al

Filing 58

ORDER THAT THE LANGLAIS PETITIONERS' MOTIONS FOR RELIEF FROM THE AUTOMATIC STAY & FOR PARTIAL RELEASE OF THE SUPERSEDEAS BOND FUNDS ARE GRANED. THE BANKRUPTCY STAY IS LIFTED & ANNULLED WITH RESPECT TO THE PROCEEDING IN LANGLAIS. IT IS FURTHER OR DERED THAT THE CLERK OF COURT IS DIRECTED TO RELEASE $3,800,000.00 OF THE SUPERSEDEAS FUNDS ON OR AFTER 4/18/2014. THE CLERK OF COURT IS DIRECTED TO RELEASE THE FUNDS BY CHECK MADE PAYABLE TO THE FELDMAN MORGADO, P.A. CLIENT TRUST ACCOUNT, ETC. FINALLY, IT IS ORDERED THAT LANGLAIS PETITIONERS' COUNSEL MAY FILE A RENEWED MOTION FOR ATTORNEYS' FEES WITHIN 21 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 4/3/14. 4/3/14 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MELISSA LANGLAIS, et al.

:
:
v.
:
:
PENNMONT BENEFIT SERVICES,
:
INC., et al.
:
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IN RE: REAL VEBA TRUST
:
:
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IN RE: SINGLE EMPLOYER
:
WELFARE BENEFIT PLAN TRUST
:
:
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IN RE: PENN-MONT BENEFIT
:
SERVICES, INC.
:
:

CIVIL ACTION

NO. 11-5275

NO. 14-1484

NO. 14-1486

NO. 14-1487

ORDER
AND NOW, this 3rd day of April, 2014, upon
consideration of the Expedited Renewed Motion for Relief from
the Automatic Stay and Release of Funds filed by the petitioners
in Langlais, et al. v. PennMont Benefit Services, Inc., et al.,
and the above-captioned bankruptcy actions,1 and the motion for
relief from the automatic stay filed in the bankruptcy

1

Docket #56 in No. 11-5275 (E.D. Pa.); Docket #47 in No.
13-21179 (Bankr. E.D. Pa.), transferred to No. 14-1484 (E.D.
Pa.); Docket #39 in No. 13-21180 (Bankr. E.D. Pa.), transferred
to No. 14-1486 (E.D. Pa.); Docket #45 in No. 13-21178 (Bankr.
E.D. Pa.), transferred to No. 14-1487 (E.D. Pa.).

proceedings,2 responses in opposition thereto, and following a
hearing on March 24, 2014, for the reasons stated in the Court’s
Memorandum Opinion, IT IS HEREBY ORDERED that the Langlais
petitioners’ motions for relief from the automatic stay and for
partial release of the supersedeas bond funds are GRANTED.

The

bankruptcy stay is lifted and annulled with respect to the
proceeding in Langlais.
IT IS FURTHER ORDERED that, in light of the fourteen
(14) day stay of an order granting relief from the automatic
bankruptcy stay under Fed. R. Bankr. P. 4001(a)(3), the Clerk of
Court is directed to release $3,800,000.00 of the supersedeas
funds on or after April 18, 2014.

The Clerk of Court is

directed to release the funds by check made payable to The
Feldman Morgado, P.A. Client Trust Account.

The check shall be

sent by certified mail to or picked up in person by:
Dale J. Morgado, Esq.
FELDMAN MORGADO, P.A.
100 North Biscayne Blvd.
29th Floor, Suite 2902
Miami, Florida 33132

2

Docket #7 in No. 13-21179 (Bankr. E.D. Pa.), transferred
to No. 14-1484 (E.D. Pa.); Docket #7 in No. 13-21180 (Bankr.
E.D. Pa.), transferred to No. 14-1486 (E.D. Pa.); Docket #7 in
No. 13-21178 (Bankr. E.D. Pa.), transferred to No. 14-1487 (E.D.
Pa.).
2

Finally, IT IS ORDERED that the Langlais petitioners’
counsel may file a renewed motion for attorneys’ fees within
twenty-one (21) days of the date of this Order.3

BY THE COURT:
/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.

3

As the Court noted in its Memorandum Opinion, in their
January 30, 2014 motion for relief from the automatic stay, the
Langlais petitioners specifically disclaimed any intent to
pursue their entitlement to attorneys’ fees at that time.
Docket #7 at ¶ 30, in No. 13-21179 (Bankr. E.D. Pa.). In their
March 11, 2014 combined motion, the petitioners state that they
do not seek the release of the remaining $100,000 supersedeas
funds securing the award of attorneys’ fees, but they do seek
leave to have that sum “determined if not released.” Docket #56
at 11, in No. 11-5275 (E.D. Pa.). In concluding that the stay
is annulled with respect to the Langlais proceeding, the Court
does not at this time make any determination as to whether the
remaining $100,000 supersedeas bond funds might be considered
property of the debtors’ estate in bankruptcy.

3