In Re: PB Life and Annuity Co., Ltd.
New York Southern District Court | |
Judge: | Edgardo Ramos |
Case #: | 1:23-cv-02604 |
Nature of Suit | 422 Bankruptcy - Appeal 28 USC 158 |
Cause | 28:0158 Notice of Appeal re Bankruptcy Matter (BA |
Case Filed: | Mar 28, 2023 |
Terminated: | Feb 22, 2024 |
Debtor
PB Life and Annuity Co., Ltd.
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Last checked: Sunday Sep 24, 2023 7:55 AM EDT |
Appellant
Rachelle Frisby
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Represented By
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Appellant
John Johnston
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Represented By
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Appellee
Bankers Life Insurance Company
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Represented By
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Appellee
Colorado Bankers Life Insurance Company
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Represented By
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Appellee
Southland National Insurance Corporation
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Represented By
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Appellee
Southland National Reinsurance Corporation
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Represented By
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In Re
PB Life and Annuity Co., Ltd.
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Docket last updated: 05/16/2025 11:59 PM EDT |
Tuesday, May 07, 2024 | ||
47 | 47
![]() MANDATE of USCA (Certified Copy) as to44 Notice of Appeal, filed by John Johnston and Edward Willmott, Authorized Foreign Representatives for the Debtors, and PB Life and Annuity Co., Ltd., Northstar Financial Services (Bermuda) Ltd., Omnia Ltd., and PB Investment Hol USCA Case Number 24-782. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 5/7/2024..(nd) |
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Friday, April 19, 2024 | ||
46 | 46
![]() COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellees Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation..(Kinel, Norman) |
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Friday, April 05, 2024 | ||
45 | 45
![]() DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by ADR Provider John Johnston and Edward Willmott, Authorized Foreign Representatives for the Debtors, and PB Life and Annuity Co., Ltd., Northstar Financial Services (Bermuda) Ltd., Omnia Ltd., and PB Investment Hol..(Pourakis, Constantine) |
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Wednesday, March 27, 2024 | ||
appeal
Appeal Fee Payment
Wed 03/27 4:17 PM
Appeal Fee Payment: for44 Notice of Appeal,. Filing fee $ 605.00, receipt number ANYSDC-29140513..(Pourakis, Constantine) |
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Friday, March 22, 2024 | ||
44 | 44
![]() NOTICE OF APPEAL from42 Memorandum & Opinion,. Document filed by John Johnston and Edward Willmott, Authorized Foreign Representatives for the Debtors, and PB Life and Annuity Co., Ltd., Northstar Financial Services (Bermuda) Ltd., Omnia Ltd., and PB Investment Holdings Ltd.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Pourakis, Constantine) |
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Fri 03/22 3:57 PM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:44 Notice of Appeal. (tp) |
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appeal
Appeal Record Sent to USCA - Electronic File
Fri 03/22 3:57 PM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for44 Notice of Appeal, filed by John Johnston and Edward Willmott, Authorized Foreign Representatives for the Debtors, and PB Life and Annuity Co., Ltd., Northstar Financial Services (Bermuda) Ltd., Omnia Ltd., and PB Investment Hol were transmitted to the U.S. Court of Appeals. (tp) |
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Thursday, February 22, 2024 | ||
43 | 43
![]() CLERK'S JUDGMENT re:42 Memorandum & Opinion in favor of John Johnston, Rachelle Frisby against Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation. It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated February 22, 2024, the Order of the Bankruptcy Court is AFFIRMED. Accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 2/22/2024) (tp) (Main Document 43 replaced on 2/22/2024) (tp) |
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42 | 42
![]() OPINION & ORDER: For the reasons set forth above, the Order of the Bankruptcy Court is AFFIRMED. The Clerk of Court is respectfully directed to terminate the appeal (Doc. 1) and close the case. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 2/22/2024) (ama) |
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Friday, August 11, 2023 | ||
41 | 41
![]() Appellant's REPLY BRIEF. Document filed by Rachelle Frisby, John Johnston..(Kajon, Nicholas) |
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Friday, August 04, 2023 | ||
40 | 40
![]() SUPPLEMENTAL DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellees Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation..(Kinel, Norman) |
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Wednesday, August 02, 2023 | ||
39 | 39
![]() MEMO ENDORSEMENT on re:37 Letter Plaintiffs Opposition to Appellees July 28, 2023 Request to Supplement the Record on Appeal, filed by John Johnston, Rachelle Frisby. ENDORSEMENT: Appellees are granted leave to file a supplement to the record on appeal to include the "Memorandum of Understanding" and the "Interim Amendment to Loan Agreements." SO ORDERED. (Signed by Judge Edgardo Ramos on 8/2/23) (yv) |
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38 | 38
![]() LETTER addressed to Judge Edgardo Ramos from Norman N. Kinel dated August 2, 2023 re: Record on Appeal [ECF Nos. 34, 35, 37]. Document filed by Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation..(Kinel, Norman) |
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37 | 37
![]() LETTER addressed to Judge Edgardo Ramos from Nicholas F. Kajon dated August 2, 2023 re: Plaintiffs Opposition to Appellees July 28, 2023 Request to Supplement the Record on Appeal. Document filed by Rachelle Frisby, John Johnston..(Kajon, Nicholas) |
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Sunday, July 30, 2023 | ||
36 | 36
![]() MEMO ENDORSEMENT on re:35 Letter, filed by Bankers Life Insurance Company, Southland National Reinsurance Corporation, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation. ENDORSEMENT: Appellants are directed to respond by August 2, 2023. SO ORDERED. (Signed by Judge Edgardo Ramos on 7/30/2023) (rro) |
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Friday, July 28, 2023 | ||
35 | 35
![]() LETTER addressed to Judge Edgardo Ramos from Norman N. Kinel dated July 28, 2023 re: Record on Appeal [ECF No. 34]. Document filed by Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation..(Kinel, Norman) |
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34 | 34
![]() Appellee's BRIEF. Document filed by Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation. Appellant Reply Brief due by 8/11/2023..(Kinel, Norman) |
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Wednesday, June 28, 2023 | ||
33 | 33
![]() ORDER: granting20 Motion to Dismiss. On May 5, 2023 the Court stayed the briefing on the merits of the Bankruptcy Appeal and set a briefing schedule for Appellees' (Colorado Bankers Life Insurance Company, Bankers Life Insurance Company, Southland National Insurance Corporation and Southland National Reinsurance Corporation) Motion to Dismiss. Doc. 16. On June 27, 2023, Appellees requested that the Court grant them permission to withdraw their Motion to Dismiss as moot. Doc. 32. That request is granted. Additionally, the stay on the briefing of the merits of the Bankruptcy Appeal is lifted. Appellants John Johnston and Rachelle Frisby (as joint provisional liquidators on behalf of PB Life and Annuity Co., Ltd., Northstar Financial Services (Bermuda) Ltd., Omnia Ltd., and PB Investment Holdings Ltd.) and PB Life and Annuity Co., Ltd., Northstar Financial Services (Bermuda) Ltd., Omnia Ltd., and PB Investment Holdings Ltd., filed their opening brief on April 27, 2023. Doc. 12. Appellees' response will be due 30 days from this Order, on July 28, 2023, and Appellants' reply will be due August 11, 2023. Accordingly, the Clerk of Court is respectfully directed to terminate the motion, Doc. 20. SO ORDERED. (Signed by Judge Edgardo Ramos on 6/28/2023) (ama) |
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utility
Set/Reset Deadlines
Wed 06/28 12:30 PM
Set/Reset Deadlines: Appellant Reply Brief due by 8/11/2023. (ama) |
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Tuesday, June 27, 2023 | ||
32 | 32
![]() LETTER addressed to Judge Edgardo Ramos from Norman N. Kinel dated June 27, 2023 re: Reply to Appellants Opposition to the NC Companies Motion to Dismiss Appeal [ECF No. 28]. Document filed by Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation..(Kinel, Norman) |
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Friday, June 23, 2023 | ||
31 | 31
order
Order on Motion to Appear Pro Hac Vice
Fri 06/23 3:54 PM
ORDER granting7 Motion for Caitlin M. Poe to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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30 | 30
order
Order on Motion to Appear Pro Hac Vice
Fri 06/23 3:51 PM
ORDER granting6 Motion for Lauren E. Fussell to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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Tuesday, June 20, 2023 | ||
29 | 29
![]() DECLARATION of Constantine D. Pourakis in Opposition re:20 MOTION to Dismiss Appeal for Lack of Appellate Jurisdiction .. Document filed by Rachelle Frisby, John Johnston..(Pourakis, Constantine) |
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28 | 28
![]() MEMORANDUM OF LAW in Opposition re:20 MOTION to Dismiss Appeal for Lack of Appellate Jurisdiction . . Document filed by Rachelle Frisby, John Johnston..(Pourakis, Constantine) |
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Friday, June 16, 2023 | ||
27 | 27
![]() NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 5/5/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
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26 | 26
![]() TRANSCRIPT of Proceedings re: CONFERENCE held on 5/5/2023 before Judge Edgardo Ramos. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/7/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/14/2023..(McGuirk, Kelly) |
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Wednesday, June 07, 2023 | ||
order
Order on Motion to Appear Pro Hac Vice
Wed 06/07 4:34 PM
ORDER granting23 Motion for Wade D. Koenecke to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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order
Order on Motion to Appear Pro Hac Vice
Wed 06/07 4:36 PM
ORDER granting5 Motion for Wes J. Camden to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) |
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Friday, June 02, 2023 | ||
misc
Notice Regarding Pro Hac Vice Motion
Fri 06/02 9:36 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 23 MOTION for Wade D. Koenecke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27818954. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
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Thursday, June 01, 2023 | ||
23 | 23
![]() MOTION for Wade D. Koenecke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27818954. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rachelle Frisby, John Johnston..(Pourakis, Constantine) |
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Friday, May 26, 2023 | ||
22 | 22
![]() DECLARATION of Norman N. Kinel in Support re:20 MOTION to Dismiss Appeal for Lack of Appellate Jurisdiction .. Document filed by Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation..(Kinel, Norman) |
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21 | 21
![]() MEMORANDUM OF LAW in Support re:20 MOTION to Dismiss Appeal for Lack of Appellate Jurisdiction . . Document filed by Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation..(Kinel, Norman) |
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20 | 20
![]() MOTION to Dismiss Appeal for Lack of Appellate Jurisdiction . Document filed by Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation. Responses due by 6/20/2023.(Kinel, Norman) |
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Wednesday, May 10, 2023 | ||
19 | 19
![]() LETTER addressed to Judge Paul G. Gardephe from Nicholas F. Kajon dated May 10, 2023 re: NCIC Appeal Transfer Request. Document filed by Rachelle Frisby, John Johnston..(Kajon, Nicholas) |
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Tuesday, May 09, 2023 | ||
18 | 18
![]() LETTER addressed to Judge Paul G. Gardephe from Norman N. Kinel dated May 9, 2023 re: request for appeals to be deemed related. Document filed by Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation..(Kinel, Norman) |
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17 | 17
![]() NOTICE OF RECORD OF APPEAL AVAILABILITY (COMPLETION). Re:1 Bankruptcy Appeal,. All Documents from the United States Bankruptcy Court - Southern District of New York have been filed with the U.S.D.C. S.D.N.Y. Record of Appeal is Complete and Available Electronically..(bkar) |
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Friday, May 05, 2023 | ||
16 | 16
![]() ORDER: For the reasons set forth on the record on May 5, 2023, the briefing on the merits of the Bankruptcy Appeal is stayed. Appellees Colorado Bankers Life Insurance Company, Bankers Life Insurance Company, Southland National Insurance Corporation and Southland National Reinsurance Corporation are granted leave to file a motion to dismiss the instant appeal on the following schedule: Appellees' opening brief shall be due on May 26, 2023; Appellants' response shall be due on June 20, 2023; Appellees' reply shall be due on June 27, 2023. SO ORDERED. Appellant Brief due by 6/20/2023. Appellee Brief due by 5/26/2023. Appellant Reply Brief due by 6/27/2023. (Signed by Judge Edgardo Ramos on 5/05/2023) (ama) |
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minutes
Pre-Motion Conference ~Util - Set Deadlines
Tue 06/06 5:11 PM
Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 5/5/2023 by telephone. Plaintiff's and Defendant's counsel present. The briefing on the merits of the Bankruptcy Appeal is stayed. Appellees are granted leave to file a motion to dismiss on the following schedule: Moving papers due May 26, 2023; opposition due June 20, 2023; reply due June 27, 2023. (jar) |
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Tuesday, May 02, 2023 | ||
15 | 15
![]() LETTER addressed to Judge Edgardo Ramos from Nicholas F. Kajon dated May 2, 2023 re: Response to letter filed by Norman N. Kinel on May 1, 2023 [ECF No. 14]. Document filed by Rachelle Frisby, John Johnston..(Kajon, Nicholas) |
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Monday, May 01, 2023 | ||
14 | 14
![]() LETTER addressed to Judge Edgardo Ramos from Norman N. Kinel dated May 1, 2023 re: Requesting Court stay the briefing on the merits of the Appeal until such time as this Court has ruled on the NC Companies forthcoming Dismissal Motion. Document filed by Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation..(Kinel, Norman) |
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13 | 13
![]() LETTER addressed to Judge Edgardo Ramos from Nicholas F. Kajon dated May 1, 2023 re: Appellees request to file motion to dismiss appeal. Document filed by Rachelle Frisby, John Johnston..(Kajon, Nicholas) |
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Thursday, April 27, 2023 | ||
12 | 12
![]() Appellant's BRIEF. Document filed by Rachelle Frisby, John Johnston. Appellee Brief due by 5/30/2023..(Kajon, Nicholas) |
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Wednesday, April 26, 2023 | ||
11 | 11
![]() MEMO ENDORSEMENT: on re:10 Letter filed by Bankers Life Insurance Company, Southland National Reinsurance Corporation, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation. ENDORSEMENT: A pre-motion conference will be held on May 5, 2023, at 11 a.m. by telephone. Plaintiff is directed to respond by May 1, 2023. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. SO ORDERED., ( Telephonic Pre-Motion Conference set for 5/5/2023 at 11:00 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 4/26/2023) (ama) |
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Monday, April 24, 2023 | ||
10 | 10
![]() LETTER addressed to Judge Edgardo Ramos from Norman N. Kinel dated April 24, 2023 re: Request for a Dismissal Motion Conference. Document filed by Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation..(Kinel, Norman) |
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Friday, April 21, 2023 | ||
9 | 9
![]() RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent GBIG Holdings, LLC, Other Affiliate GBIG Capital, LLC for Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation. Document filed by Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation..(Kinel, Norman) |
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8 | 8
![]() COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re:1 Bankruptcy Appeal,. Document filed by Appellees Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation..(Kinel, Norman) |
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7 | 7
![]() MOTION for Caitlin M. Poe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27640872. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation..(Kinel, Norman) |
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6 | 6
![]() MOTION for Lauren E. Fussell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27640700. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation..(Kinel, Norman) |
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5 | 5
![]() MOTION for Wes J. Camden to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27640589. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bankers Life Insurance Company, Colorado Bankers Life Insurance Company, Southland National Insurance Corporation, Southland National Reinsurance Corporation..(Kinel, Norman) |
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misc
Notice Regarding Pro Hac Vice Motion
Fri 04/21 3:39 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for Wes J. Camden to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27640589. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
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misc
Notice Regarding Pro Hac Vice Motion
Fri 04/21 3:39 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 6 MOTION for Lauren E. Fussell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27640700. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
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misc
Notice Regarding Pro Hac Vice Motion
Fri 04/21 3:40 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Caitlin M. Poe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27640872. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
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Friday, April 14, 2023 | ||
4 | 4
![]() DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re:1 Bankruptcy Appeal,. Document filed by Appellants Rachelle Frisby, John Johnston..(bkar) |
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Wednesday, March 29, 2023 | ||
3 | 3
![]() BANKRUPTCY APPEAL SCHEDULING ORDER: The above entitled Bankruptcy Appeal has been assigned to Judge Ramos. Notice of Appeal was docketed in the District Court on March 28, 2023. The attention of all parties is directed to Rule 8018 of the Federal Bankruptcy Rules, which provides for the dates within which briefs are to be served and filed. That rule will be adhered to. The Court will advise the parties of the date and time of any oral argument to be scheduled. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 3/29/2023) (ama) |
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Tuesday, March 28, 2023 | ||
2 | 2
![]() CIVIL COVER SHEET filed..(bkar) |
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1 | 1
![]() NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Lisa G Beckerman dated March 10, 2023. Bankruptcy Court Case Numbers: 23-1000A, 20-B-12791 (LGB). Certified copies of file received.Document filed by Rachelle Frisby, John Johnston..(bkar) |
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utility
Case Designation
Tue 03/28 2:59 PM
Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (bkar) |
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utility
Case Designated ECF
Tue 03/28 2:59 PM
Case Designated ECF. (bkar) |