Lehman Brothers Holdings Inc. v. Sun West Mortgage Company, Inc.
Adversary Proceeding
Lead BK case is: 1:08-bk-13555
Lead BK case is: 1:08-bk-13555
| New York Southern Bankruptcy Court | |
| Chapter 11 | |
| Judge: | Shelley C Chapman |
| Case #: | 1:18-ap-01735 |
| Nature of Suit | 14 Bankruptcy - Recovery of money/property - other |
| Case Filed: | Oct 26, 2018 |
| Terminated: | Jun 03, 2020 |
| Last checked: never |
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Defendant
Sun West Mortgage Company, Inc.
6131 Orangethorpe Avenue, Suite 500
Buena Park, CA 90620 |
Represented By
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Plaintiff
Lehman Brothers Holdings Inc.
277 Park Avenue, 46th Floor
New York, NY 10017 |
Represented By
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| Docket last updated: 04/26/2024 1:08 PM EDT |
| Tuesday, January 11, 2022 | ||
| 34 | 34
misc
Transcript
Tue 01/11 9:54 AM
Transcript regarding Hearing Held on 12/10/2018 At 11:04 AM RE: Motion To Approve Motion Of Lehman Brothers Holdings Inc. Pursuant To Section 105(A) Of The Bankruptcy Code To Administratively Consolidate Related Adversary Proceeding Dockets And Bind Defendants In The New Adversary Proceedings To The Existing Case Management Order In Adversary Proceeding No. 16-01019 Remote electronic access to the transcript is restricted until 4/11/2022. The transcript may be viewed at the Bankruptcy Court Clerks Office. [Transcription Service Agency: Veritext Legal Solutions.]. (See the Courts Website for contact information for the Transcription Service Agency.). Notice of Intent to Request Redaction Deadline Due By 1/18/2022. Statement of Redaction Request Due By 2/1/2022. Redacted Transcript Submission Due By 2/11/2022. Transcript access will be restricted through 4/11/2022. (Ramos, Jonathan) |
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| Wednesday, June 03, 2020 | ||
| 33 | 33
order
So Ordered Stipulation
Wed 06/03 9:24 AM
So Ordered Stipulation of Voluntary Dismissal Without Prejudice signed on 6/3/2020 (White, Greg) |
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misc
Close Adversary Proceeding
Wed 06/03 9:25 AM
Adversary Case 1:18-ap-1735 Closed. This Adversary Proceeding is Closed Subject to the Filing of a Notice of Appeal Within Fourteen (14) Days of the Entry of the Order Terminating this Adversary Proceeding. (White, Greg) |
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| Tuesday, May 05, 2020 | ||
| 32 | 32
motion
Motion, Summary Judgment
Tue 05/05 3:20 PM
Motion for Summary Judgment on Notice of Settlement of RMBS Claims filed by Brant Kuehn on behalf of Lehman Brothers Holdings Inc.. (Kuehn, Brant) |
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Att: 1
Memorandum of Law in Support of Partial Summary Judgment
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Att: 2
Statement of Undisputed Fact in Support of Motion for Partial Summary Judgment on Notice of RMBS Claims
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Att: 3
Declaration of Brant D. Kuehn
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Att: 4
Exhibit 1
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Att: 5
Exhibit 2
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Att: 6
Exhibit 3
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Att: 7
Exhibit 4
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Att: 8
Exhibit 5
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Att: 9
Exhibit 6
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Att: 10
Exhibit 7
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Att: 11
Exhibit 8
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Att: 12
Exhibit 9
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Att: 13
Exhibit 10
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Att: 14
Proposed Order
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| Friday, February 28, 2020 | ||
| 31 | 31
253
pgs
misc
Transcript
Mon 03/09 4:21 PM
Transcript regarding Hearing Held on 3/7/19 at 11:07 AM RE: Notice of Hearing. Remote electronic access to the transcript is restricted until 5/28/2020. The transcript may be viewed at the Bankruptcy Court Clerks Office. [Transcription Service Agency: Veritext Legal Solutions.]. (See the Courts Website for contact information for the Transcription Service Agency.). Notice of Intent to Request Redaction Deadline Due By 3/6/2020. Statement of Redaction Request Due By 3/20/2020. Redacted Transcript Submission Due By 3/30/2020. Transcript access will be restricted through 5/28/2020. (Cales, Humberto) |
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| Thursday, December 19, 2019 | ||
| 30 | 30
notice
Notice, Appearance in Adversary Proceeding
Thu 12/19 11:34 AM
Notice of Appearance in Adversary Proceeding filed by Kenneth Duvall on behalf of Sun West Mortgage Company, Inc.. (Duvall, Kenneth) |
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| Friday, November 15, 2019 | ||
| 29 | 29
notice
Notice, Appearance in Adversary Proceeding
Fri 11/15 4:16 PM
Notice of Appearance in Adversary Proceeding filed by Philip Rogers Stein on behalf of Sun West Mortgage Company, Inc.. (Stein, Philip) |
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| Tuesday, October 22, 2019 | ||
| 28 | 28
notice
Notice, Appearance
Tue 10/22 3:46 PM
Notice of Appearance and Request for Service of Notices and Documents filed by Christopher J Lucht on behalf of Lehman Brothers Holdings Inc.. (Lucht, Christopher) |
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| Tuesday, October 15, 2019 | ||
| 27 | 27
misc
Letter
Tue 10/15 1:44 PM
Letter to The Honorable Shelley C. Chapman Filed by William A Maher on behalf of Lehman Brothers Holdings Inc.. (Maher, William) |
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| Monday, October 14, 2019 | ||
| 26 | 26
misc
Letter
Mon 10/14 5:49 PM
Letter Notice of Change of Firm Filed by Tracy Lee Henderson on behalf of Sun West Mortgage Company, Inc.. (Henderson, Tracy) |
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| Friday, September 27, 2019 | ||
| 25 | 25
notice
Notice, Appearance
Fri 09/27 5:06 PM
Notice of Appearance and Request for Service of Notice and Documents filed by Brad Jeffrey Axelrod on behalf of Lehman Brothers Holdings Inc.. (Axelrod, Brad) |
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| Thursday, September 19, 2019 | ||
| 24 | 24
answer
Reply
Thu 09/19 5:44 PM
Reply to Motion DEFENDANTS REPLY TO PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS RMBS COMPLAINTS PURSUANT TO RULE 12(b)(1) FOR LACK OF SUBJECT MATTER JURISDICTION AND STANDING filed by Tracy Lee Henderson on behalf of Sun West Mortgage Company, Inc.. (Henderson, Tracy) |
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Att: 1
Declaration of Tracy L. Henderson
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Att: 2
Exhibit Henderson Exhibit 5
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Att: 3
Exhibit Henderson Exhibit 6
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Att: 4
Exhibit Henderson Exhibit 7
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Att: 5
Exhibit Henderson Exhibit 8
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| Friday, September 06, 2019 | ||
| 23 | 23
notice
Notice, Withdrawal
Fri 09/06 3:20 PM
Notice of Withdrawal as Counsel of Record and Request for Removal from ECF Service filed by Mara R Lieber on behalf of Lehman Brothers Holdings Inc.. (Lieber, Mara) |
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| Wednesday, July 24, 2019 | ||
| 22 | 22
30+
pgs
answer
Memorandum of Law
Wed 07/24 9:10 PM
Memorandum of Law of Plaintiff Lehman Brothers Holdings Inc. In Opposition To Certain Defendants Omnibus Motion to Dismiss RMBS Complaints Pursuant To Rule 12(b)(1) For Lack of Subject Matter Jurisdiction and Standing filed by William A Maher on behalf of Lehman Brothers Holdings Inc.. (Maher, William) |
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Att: 1
Bialek Declaration
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Att: 2
Exhibit A to Bialek Declaration
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Att: 3
Exhibit B to Bialek Declaration
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Att: 4
Exhibit C to Bialek Declaration
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Att: 5
Exhibit D to Bialek Declaration
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Att: 6
Desens Declaration
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Att: 7
Exhibit A to Desens Declaration
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Att: 8
Osborne Declaration
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Att: 9
Exhibit A to Osborne Declaration
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Att: 10
Exhibit B to Osborne Declaration
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Att: 11
Exhibit C to Osborne Declaration
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Att: 12
Exhibit D to Osborne Declaration
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Att: 13
Trumpp Declaration
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| Monday, June 24, 2019 | ||
| 21 | 21
misc
Letter
Mon 06/24 3:04 PM
Letter to Judge Chapman to Request permission to move for a stay of discovery and Amended list of Defendants Filed by Tracy Lee Henderson on behalf of Sun West Mortgage Company, Inc.. (Henderson, Tracy) |
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| Monday, June 03, 2019 | ||
| 20 | 20
misc
Corporate Ownership Statement
Mon 06/03 3:36 PM
Corporate Ownership Statement . Filed by Tracy Lee Henderson on behalf of Sun West Mortgage Company, Inc.. (Henderson, Tracy) |
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| Tuesday, May 14, 2019 | ||
| 19 | 19
motion
Motion, Dismiss Adversary Proceeding
Tue 05/14 1:16 PM
Omnibus Motion to Dismiss Adversary Proceeding filed by Tracy Lee Henderson on behalf of Sun West Mortgage Company, Inc.. Responses due by 7/12/2019, (Henderson, Tracy) |
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Att: 1
Memorandum of Law in Support of Certain Defendants Motion to Dismiss
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Att: 2
Declaration of Lani Adler in Support of Certain Defendants Motion to Dismiss
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Att: 3
Exhibit A
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Att: 4
Exhibit B
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Att: 5
Exhibit C
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Att: 6
Exhibit D
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Att: 7
Exhibit E
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Att: 8
Exhibit F
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Att: 9
Exhibit G
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Att: 10
Declaration of Tracy L. Henderson in Support of Certain Defendants Motion to Dismiss
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Att: 11
Exhibit 1
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Att: 12
Exhibit 2
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Att: 13
Exhibit 3
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Att: 14
Exhibit 4
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| Wednesday, April 17, 2019 | ||
| 18 | 18
notice
Notice, Appearance in Adversary Proceeding
Wed 04/17 6:09 PM
Notice of Appearance in Adversary Proceeding Stipulation and Notice of Substitution filed by Albena Petrakov on behalf of Sun West Mortgage Company, Inc.. (Petrakov, Albena) |
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| Sunday, April 07, 2019 | ||
| 17 | 17
answer
Reply
Sun 04/07 12:28 PM
Reply to Motion Omnibus Reply to The Objections to Lehman Brothers Holdings Inc.s Motion Pursuant To Section 105(A) of The Bankruptcy Code to Administratively Coordinate Related Adversary Proceeding Dockets And Bind Additional Defendants in The New Adversary Proceedings to The Case Management Order In Adversary Proceeding No. 16-01019 filed by Mara R Lieber on behalf of Lehman Brothers Holdings Inc.. (Lieber, Mara) |
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| Thursday, March 21, 2019 | ||
| 16 | 16
motion
Motion, Approve
Thu 03/21 4:36 PM
Motion to Approve Motion of Lehman Brothers Holdings Inc. Pursuant To Section 105(A) of The Bankruptcy Code to Administratively Coordinate Related Adversary Proceeding Dockets And Bind Additional Defendants In The New Adversary Proceedings To The Case Management Order In Adversary Proceeding No. 16-01019 filed by Mara R Lieber on behalf of Lehman Brothers Holdings Inc. with hearing to be held on 4/9/2019 at 11:00 AM at Courtroom 623 (SCC) Responses due by 4/2/2019,. (Lieber, Mara) |
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Att: 1
Exhibit 1 - Proposed Order
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Att: 2
Exhibit 2 - Amended Case Management Order
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Att: 3
Exhibit 3 - New RMBS Indemnification Actions
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Att: 4
Exhibit 4 - Coordinated GSE and RMBS Indemnification Actions
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| Thursday, March 14, 2019 | ||
| 15 | 15
ans
Statement
Thu 03/14 7:09 PM
Statement Amended Case Management Order signed on 3/13/2019 filed by Mara R Lieber on behalf of Lehman Brothers Holdings Inc.. (Lieber, Mara) |
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Att: 1
Exhibits 1-4 of the Amended Case Management Order
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| Tuesday, February 12, 2019 | ||
| 14 | 14
notice
Notice, Hearing
Tue 02/12 6:49 PM
Notice of Hearing filed by Mara R Lieber on behalf of Lehman Brothers Holdings Inc.. with hearing to be held on 3/7/2019 at 11:00 AM at Courtroom 623 (SCC) (Lieber, Mara) |
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| Tuesday, February 05, 2019 | ||
| 13 | 13
misc
Letter
Tue 02/05 6:48 PM
Letter Filed by Tracy Lee Henderson on behalf of Sun West Mortgage Company, Inc..(Henderson, Tracy) |
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Att: 1
Exhibit
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| Thursday, January 31, 2019 | ||
| 12 | 12
misc
Letter
Thu 01/31 12:47 PM
Letter Filed by Tracy Lee Henderson on behalf of Sun West Mortgage Company, Inc..(Henderson, Tracy) |
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Att: 1
Exhibit A
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Att: 2
Exhibit B
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| Wednesday, January 23, 2019 | ||
| 11 | 11
misc
Affidavit of Service
Wed 01/23 5:54 PM
Affidavit of Service of Wing Chan filed by Epiq Bankruptcy Solutions, LLC.(Garabato, Sid) |
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| Monday, January 07, 2019 | ||
| 10 | 10
notice
Notice, Appearance in Adversary Proceeding
Mon 01/07 1:31 PM
Notice of Appearance in Adversary Proceeding as Local Counsel filed by Timothy William Salter on behalf of Sun West Mortgage Company, Inc.. (Salter, Timothy) |
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| Wednesday, December 19, 2018 | ||
| 9 | 9
notice
~Generic~ NOTICE
Wed 12/19 4:23 PM
An Order has been entered in this adversary proceeding (i)directing it to be coordinated with other similar adversary proceedings filed in connection with the jointly administered Chapter 11 cases of Lehman Brothers Holdings Inc., et al.(Case No. 08-13555 , and (ii) establishing the docket for Lehman Brothers Holdings Inc. v. 1st Advantage Mortgage, L.L.C., et al., Adv. Pro. No. 16-01019 as the Central Docket for all Actions, which docket should be consulted for all adversary proceedings covered under the Courts Order. (Lopez, Mary) |
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| Friday, December 14, 2018 | ||
| 8 | 8
order
Motion, Approve
Fri 12/14 11:15 AM
Order Regarding Motion to Bind signed on 12/13/2018 (White, Greg) |
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| Monday, December 10, 2018 | ||
| 7 | 7
notice
Notice, Appearance in Adversary Proceeding
Mon 12/10 12:18 PM
Notice of Appearance in Adversary Proceeding filed by Tracy Lee Henderson on behalf of Sun West Mortgage Company, Inc.. (Henderson, Tracy) |
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| Sunday, December 09, 2018 | ||
| 6 | 6
misc
Certificate of Service
Sun 12/09 1:09 AM
Certificate of Service of the Notice Of Motion of Lehman Brothers Holdings Inc. Pursuant To Section 105(A) of the Bankruptcy Code To Administratively Consolidate Related Adversary Proceeding Dockets and Bind Defendants In The New Adversary Proceedings to the Existing Case Management Order in Adversary Proceeding No. 16-01019 Filed by Mara R Lieber on behalf of Lehman Brothers Holdings Inc.. (Lieber, Mara) |
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| Thursday, December 06, 2018 | ||
| 5 | 5
ans
Statement
Thu 12/06 5:55 PM
Statement OMNIBUS REPLY TO THE OBJECTIONS TO LEHMAN BROTHERS HOLDINGS INC.S MOTION PURSUANT TO SECTION 105(a) OF THE BANKRUPTCY CODE TO ADMINISTRATIVELY CONSOLIDATE RELATED ADVERSARY PROCEEDING DOCKETS AND BIND DEFENDANTS IN NEW ADVERSARY PROCEEDINGS TO THE EXISTING CASE MANAGEMENT ORDER IN ADVERSARY PROCEEDING NO. 16-01019 filed by William A Maher on behalf of Lehman Brothers Holdings Inc.. (Maher, William) |
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Att: 1
Exhibit A - Amended Proposed Order Binding Additional Defendants to CMO
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| Wednesday, December 05, 2018 | ||
| 4 | 4
misc
Certificate of Service
Wed 12/05 4:08 PM
Certificate of Service of the Summons and Notice of Pretrial Conference and Adversary Complaint with Exhibits A-B Filed by Mara R Lieber on behalf of Lehman Brothers Holdings Inc.. (Lieber, Mara) |
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| Monday, November 19, 2018 | ||
| 3 | 3
motion
Motion, Approve
Mon 11/19 10:03 PM
Motion to Approve MOTION OF LEHMAN BROTHERS HOLDINGS INC. PURSUANT TO SECTION 105(a) OF THE BANKRUPTCY CODE TO ADMINISTRATIVELY CONSOLIDATE RELATED ADVERSARY PROCEEDING DOCKETS AND BIND DEFENDANTS IN THE NEW ADVERSARY PROCEEDINGS TO THE EXISTING CASE MANAGEMENT ORDER IN ADVERSARY PROCEEDING NO. 16-01019 filed by William A Maher on behalf of Lehman Brothers Holdings Inc. with hearing to be held on 12/10/2018 at 11:00 AM at Courtroom 623 (SCC). (Maher, William) |
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Att: 1
Exhibit A - Proposed Order Binding Additional Defendants to CMO and Coordinate
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Att: 2
Exhibit B
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Att: 3
Exhibit C
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Att: 4
Exhibit D
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| Friday, November 02, 2018 | ||
| 2 | 2
cmp
Summons and Notice of Pre-Trial Conference (PDF Upload)
Fri 11/02 2:17 PM
Summons and Notice of Pre-Trial Conference against Sun West Mortgage Company, Inc, with Pre-Trial Conference set for 12/10/2018 at 11:00 AM at Courtroom 623 (SCC), (Ortiz, Carmen) |
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| Friday, October 26, 2018 | ||
| 1 | 1
cmp
Complaint (fee)
Fri 10/26 9:16 PM
Adversary case 18-01735 Complaint against Sun West Mortgage Company, Inc. (Fee Amount $ 350.). Nature(s) of Suit: (14 (Recovery of money/property - other)) Filed by Mara R Lieber, Adam M. Bialek, William A Maher, James N Lawlor, Paul R. DeFilippo on behalf of Lehman Brothers Holdings Inc.. (Bialek, Adam) |
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Att: 1
Exhibit A
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Att: 2
Exhibit B
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