Phoenix Associates Land Syndicate (fka PBLSQ)

[Xylan]

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF LOUISIANA
In re: ) Chapter 7
PHOENIX ASSOCIATES )
LAND SYNDICATE, INC. )
) Case No. 09-11743
)
Debtor ) Section “B”
AGREED ORDER REGARDING MOTION TO MODIFY STAY
Considering the facts alleged in the Motion (the “Motion”) for an Order Modifying the
Stay, pursuant to 11 U.S.C. §362(d)(1) (P-40) filed herein by Carolyn R. Chaney, the Chapter 7
Trustee for International Turf Applicators, Inc. (“Turf”), Wilbur ("Bill") J. Babin, the Chapter 7
trustee (the "Trustee") for Phoenix Associates Land Syndicate, Inc. (the "Debtor") in this chapter
7 bankruptcy case (this “Bankruptcy Case”), having agreed to the entry of this Order regarding
the Motion,
IT IS ORDERED that the automatic bankruptcy stay with respect to Turf’s action against
the Debtor in the case pending before the United States District Court for the Eastern District of
Louisiana (the “District Court”), entitled, “International Turf Applicators, Inc. v. Phoenix
Associates Land Syndicate, Inc., et al.,” Civil Action No. 07-4528, Section “E“ (the “Turf
Lawsuit”) is hereby maintained pending further Order of this Court, although Turf may proceed
against the co-defendants (as set forth below); and
IT IS FURTHER ORDERED that the parties can proceed against the two non-Debtor codefendants
in the Turf Lawsuit, notwithstanding this Bankruptcy Case, because the automatic
bankruptcy stay does not apply to prevent Turf from proceeding to judgment (or, thereafter,
{N2030462.3} 2
executing or collecting on any judgment obtained) against the non-Debtor co-defendants in the Turf
Lawsuit.
New Orleans, Louisiana, September 17, 2009.
______________________________
Jerry A. Brown
U.S. Bankruptcy Judge
Submitted and approved by:
/s/ Wilbar (“Bill”) J. Babin
Wilbur ("Bill") J. Babin (La. Bar No. 1214)
as the Chapter 7 Trustee, Phoenix Associates Land
Syndicates, Inc., the debtor herein
3027 Ridelake Drive
Metairie, LA 70002
.
/s/ Elizabeth J. Futrell
ELIZABETH J. FUTRELL (La. Bar No. 5863)
Jones, Walker, Waechter, Poitevent,
Carrere & Denegre, L.L.C.
201 St. Charles Avenue, 49th Floor
New Orleans, Louisiana 70170
Counsel for Carolyn R. Chaney,
the Chapter 7 Trustee, International
Turf Applicators, Inc., the movant herein