UnionAmerica, Inc. v. Meteora Properties, Inc. (In re Meteora Properties, Inc.)

19 B.R. 932, 1982 Bankr. LEXIS 4191
CourtDistrict Court, N.D. California
DecidedMay 5, 1982
DocketBankruptcy No. 3-77-1476; Adv. No. 1981-0039-JR
StatusPublished

This text of 19 B.R. 932 (UnionAmerica, Inc. v. Meteora Properties, Inc. (In re Meteora Properties, Inc.)) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
UnionAmerica, Inc. v. Meteora Properties, Inc. (In re Meteora Properties, Inc.), 19 B.R. 932, 1982 Bankr. LEXIS 4191 (N.D. Cal. 1982).

Opinion

OPINION AND ORDER

JACK RAINVILLE, Bankruptcy Judge.

I. This order to show cause for a preliminary injunction was heard on April 7, 1982. This ease having been submitted on the oral arguments of counsel and written briefs filed, the court now makes its opinion and order as follows:

1. On November 14, 1977, Meteora filed a case under Chapter XI of the Bankruptcy Act in the Bankruptcy Court for the Northern District of California entitled In Re Meteora Properties, Inc., Chapter XI Case No. 3-77-1476.

[933]*9332. A receiver was appointed January 17, 1978.

3. At the time of the filing, there were two lawsuits in progress involving Meteora in the San Francisco Superior Court against Genstar (then Western Mortgage).1 The receiver entered into an agreement with Genstar to compromise the said lawsuits, the compromise providing for sharing some of the interpleaded money and for dismissals.

4. The receiver applied to the court for an order of approval of the compromise. The debtor, Meteora, opposed the compromise. Hearing was set for April 12, 1978, and was continued several times at Meteo-ra’s request to allow Meteora to obtain counsel. A hearing was finally held on July 28, 1978, resulting in an order of approval of the compromise, which order was made and entered on August 2, 1978.

5. Meteora appealed on the same date to the United States District Court which denied the appeal on January 19, 1979.

6. Meteora thereupon filed in the Bankruptcy Court a motion for reconsideration on January 31, 1979. This motion for reconsideration was denied on March 5, 1979. Meteora again appealed to the District Court on March 15, 1979, and upon the denial of that appeal by the District Court on September 20, 1979, filed on October 19, 1979, a notice of appeal to the United States Court of Appeals.

7. On or about August 2, 1980, without notice to Genstar, Meteora, which had previously filed a second amended plan of arrangement with the Bankruptcy Court, had it confirmed. The pertinent parts of the second amended plan of arrangement as it possibly affects the prior order for the approval of compromise reads as follows:

Within 30 days of the entry of an order confirming this Second Amended Plan (or modified version thereof), Robert L. Abbott, the president of the debtor, shall deposit the sum of $19,600 with the disbursing agent. In exchange for said funds the Disbursing Agent shall deliver to RLA 1) a stipulation for dismissal with prejudice of Adversary Action “C” herein, duly executed by the receiver and his counsel, 2) a stipulation and order vacating the “Order Authorizing and Approving Agreement of Compromise Between Edward M. Walsh, Receiver, and Union-America, Inc. and Western Mortgage Corporation,” duly executed by the receiver and his attorney and signed by the Bankruptcy Judge herein, . . .2
Compromise of Claim Against Western Mortgage Co. — $11,500.
(The debtor has agreed as part of the proposed plan to “buy out” this compromise entered into by the receiver. In essence the debtor will pay to the receiver a sum equal to the compromise amount in exchange for all of the right, title and interest of the receiver in the compromise.)

8. After receiving approval of the above language, Meteora moved, on January 7, 1981, the United States Court of Appeals for an order dismissing its appeal on the grounds of mootness. The United States Court of Appeals granted the dismissal. On February 17,1981, Genstar moved the United States Court of Appeals for reconsideration of its order of dismissal. The United States Court of Appeals denied the motion for reconsideration on June 15, 1981.3

9. Meteora, convinced that the dismissal of its appeal over the objection of Genstar and the denial of Genstar’s motion to remand and reconsider had sunk Judge King’s [934]*934compromise approval order without a trace, made a motion in the San Francisco Superi- or Court in August of 1980, for summary judgment and other relief.

10. On September 8,1981, plaintiff filed this adversary proceeding for injunctive and declaratory relief, and on that date Judge King issued an order to show cause and temporary restraining order restraining Meteora from any further activity in the Superior Court action.

11. Between the time of the issuance of the temporary restraining order by Judge King on September 8, 1981, and the hearing on the order to show cause before this court on April 7, 1982, Meteora made two more runs at the United States Court of Appeals.

A. a petition for writ of mandamus denied by the appellate court on November 20, 1981, and
B. a petition for writ of mandamus denied by the appellate court on December 30, 1981.

II. Plaintiff’s order to show cause seeks: 1) a preliminary injunction enjoining Me-teora from taking any action in the Superi- or Court of San Francisco except as directed by this court, and 2) an order that Me-teora file a stipulation and joint application with Genstar to transfer the interpleaded funds in the San Francisco Superior Court’s action to this court, within the 30 days following this court’s issuance of a preliminary injunction.

Defendant resists this application on the following grounds:

1. That Judge King’s compromise approval order required the compromise order to be executed by the debtor.

2. That the dismissal order of the United States Court of Appeals on February 17, 1981, and the denial by that court of Gen-star’s motion to remand and to reconsider the dismissal order on June 15, 1981, was res judicata as to Judge King’s approval order, urging that by those orders the appellate court had determined Judge King’s order approving the compromise to be vacated and void.

3.That the United States Court of Appeals expressly denied to Genstar the right to raise the matters now before this court and that Genstar, not being a creditor in the chapter case, has not the standing herein to sue nor any rights under the amended plan.

Dealing with these contentions this court finds:

1. Meteora’s contention regarding the necessity of its signature ignores the fact that a receiver had been appointed in the case. It further ignores the fact that Judge King approved a settlement contract already executed between the receiver and Genstar, the efficacy of which was conditional only on the approval by the Bankruptcy Court. The language in Judge King’s order with respect to the debtor’s signature refers to the implementation of the approved compromise agreement. This contention has no merit.4

2. The answer to Meteora’s second and third contentions dealing as they do with the proper meaning of the several orders issued by the United States Court of Appeals requires a review of those orders. They are in chronological sequence as follows:

A. The court’s order of February 17, 1981, dismissing Meteora’s appeal as moot on motion by Meteora.

B. That court’s order of June 15, 1981, in response to a motion to remand or to reconsider the order of dismissal contains these words:

Appellees’ motion ... is denied.

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Bluebook (online)
19 B.R. 932, 1982 Bankr. LEXIS 4191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/unionamerica-inc-v-meteora-properties-inc-in-re-meteora-properties-cand-1982.