PDVSA Petroleo S.A. v. Trigeant, Ltd. et al

Filing 388

ORDER denying as moot 381 Motion for Preliminary Injunction.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
PDVSA PETROLEO S.A.,
Plaintiff,
VS.
TRIGEANT, LTD., et al,
Defendants.

§
§
§
§ CIVIL ACTION NO. 2:09-CV-38
§
§
§
§
ORDER

On January 14, 2013, this Court entered a judgment in this fraudulent transfer
case, unwinding a March 4, 2008 foreclosure and restoring the parties, BTB Refining,
LLC (BTB), Trigeant, Ltd. (Trigeant), and PDVSA Petroleo, S.A. (PDVSA), to their
respective pre-foreclosure positions. D.E. 291. That judgment was appealed and the
matter was settled pending appeal, rendering the Court’s judgment final.
On June 27, 2014, Trigeant filed a suit to quiet title against BTB in the 347th
Judicial District Court, Nueces County, Texas.

Trigeant seeks to remove a cloud

presented by BTB’s alleged interest in the property previously subjected to foreclosure.
D.E. 381-2. On July 17, 2014, BTB filed a motion for a preliminary and permanent
injunction in this Court seeking to enjoin Trigeant from proceeding with the quiet title
litigation. BTB claims that the litigation interferes with this Court’s judgment. D.E. 381.
Thereafter, on July 28, 2014, BTB filed for relief under Chapter 7 of the United States
Bankruptcy Code in the United States Bankruptcy Court for the Southern District of
Florida. D.E. 387-1.
1/2

Pursuant to 11 U.S.C. § 362(a), any action by any entity against BTB to recover a
claim or establish an interest in property is automatically stayed pending further order of
the Bankruptcy Court. Consequently, the Court DENIES AS MOOT the motion for
injunctive relief (D.E. 381) because any relief that could be afforded by this Court would
be duplicative of the § 362 stay.

ORDERED this 11th day of August, 2014.

___________________________________
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

2/2