NATIONAL MEDICAL IMAGING HOLDING COMPANY, LLC et al v. DVI RECEIVABLES XIV, LLC et al

Filing 9

MEMORANDUM OPINION ORDER THAT THE BANKRUPTCY COURT'S ORDER OF 12/28/2009, WHICH DISMISSED THE INVOLUNTARY BANKRUPTCY PETITIONS AGAINST APPELLEES WITH PREJUDICE, IS AFFIRMED. THE BANKRUPTCY COURT'S ORDER OF 5/2/2014, WHICH DENIED RECONSIDERA TION OF THE BANKRUPTCY COURT'S ORDER OF 12/29/2009, IS AFFIRMED. ALL APPEALS FROM THE BANKRUPTCY COURT'S ORDER OF 1/6/2011, WHICH INTER ALIA, DECLINED TO VACATE A STAY OF THE BANKRUPTCY COURT'S PROCEEDINGS, ARE DISMISSED AS MOOT. THE CLERK OF COURT SHALL CLOSE THESE CASES. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/24/2015. 3/25/2015 ENTERED AND COPIES MAILED TO PRO SES AND E-MAILED.(amas)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ DVI RECEIVABLES XIV, LLC, et al., Appellants, vs. NATIONAL MEDICAL IMAGING, LLC, Appellee. DVI RECEIVABLES XIV, LLC, et al., Appellants, vs. NATIONAL MEDICAL IMAGING, HOLDING COMPANY, LLC, Appellee. ASHLAND FUNDING, LLC Appellant, vs. NATIONAL MEDICAL IMAGING, LLC, Appellee. ASHLAND FUNDING, LLC, Appellant, vs. NATIONAL MEDICAL IMAGING, HOLDING COMPANY, LLC, Appellee. : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : CIVIL NO. 14-3787 CIVIL NO. 14-3828 CIVIL NO. 14-3969 CIVIL NO. 14-3968 ORDER AND NOW, this 24th day of March 2015, upon consideration of the records in the appeals originally docketed at 14-3787, 14-3828, 14-3968 and 14-3969, Appellants’ briefs in this matter and Appellees’ briefs in this matter, and the applicable legal authorities, the Court hereby ORDERS and ADJUDGES the following: 1. The Bankruptcy Court’s Order of December 28, 2009, which dismissed the involuntary bankruptcy petitions against Appellees with prejudice is AFFIRMED; and 2. The Bankruptcy Court’s Order of May 2, 2014, which denied reconsideration of the Bankruptcy Court’s Order of December 29, 2009, is AFFIRMED; 3. All appeals from the Bankruptcy Court’s Order of January 6, 2011, which inter alia, declined to vacate a stay of the Bankruptcy Court’s proceedings, are DISMISSED AS MOOT. IT IS FURTHER ORDERED that the Clerk of Court shall CLOSE these cases. IT IS SO ORDERED. BY THE COURT: /s/ Cynthia M. Rufe ______________________ CYNTHIA M. RUFE, J. 2

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