Free Bankruptcy Appeal - District Court of Delaware - Delaware

Case 1 :05-cv-OO579—GI\/IS Document 1-2 Filed 08/O9/2005 Page 1 of 3 _
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re Chapter I1
INFRASTRUCTURE SERVICE
COMPANY, LLC, Case No. 04-12037 (PJW)
Debtor.
INFRASTRUCTURE SERVICE
COMPANY, LLC,
Adv. Pro. No. 05-51879
Plaintiff]
v.
RE: Adv. Dkt. No. 3
IDI-IN F. F1`RESTONI·E, HLT
MANAGEMENT, INC., a Texas Corporation, .
JOHN F IRESTONE MASTER LIMITED
PARTNERSHIP, a Texas L.T.D., AND HMI
GROUP, INC., a Texas Corporation.
Defendants.
RDER I
Upon the Emergency Motion date 2 , 2005 (the "Emergency Motion") of the above
captioned debtor and debtor in possession pursuant to I1 U.S.C. §§I05 and Bankruptcy Rule
7065 for entry of an order temporarily restraining and prelirninarily enjoining the Defendants
from transferring the Propertyi except in accordance with the Firestone Contract or as allowed by
a court of competent jurisdiction until a judgment can be entered; and upon consideration of any
objection and supporting papers tiled by Defendants in response thereto; and following a hearing
held on I une 30, 2005 with respect to the Emergency Motion; and based upon the statements and
I Capitalized terms not defined herein shall have the meaning given them in the Complaint for (ij Violation I
ofthe Automatic Stay; (ii) Declaratory Reliet; (iii) Breach of Contract; (iv) Fraudulent Conveyance; (v)
j Tortious Interference with Contract; and (vi) Injunctive Relief (the "Ccmplaint") filed on June 28, 2005.
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Case 1:05-cv-OO579—Gl\/IS Document 1-2 Filed 08/O9/2005 Page 2 of 3
admissions of counsel during the hearing and upon the undisputed facts as established during the
June 30 hearing, I
IT IS ORDERED, ADJUDGED AND DECREED:
1. The findings and rulings set forth on the record at the June 30 hearing are hereby
incorporated by reference as if set forth fully herein.
2. Entry of a temporary restraining order is unnecessary because the automatic stay
provisions of section 362 of the Bankruptcy Code already provide the Debtor with the relief 0
0 sought by the Emergency Motion. Defendants are prohibited from transferring title to the
Property until further order of this Court.
3. The transfers of title to the Property on May 28, 2005, from defendants John
Firestone and Hub Management, Inc. to the Firestone Master Limited Partnership constitute clear
violations of the automatic stay. p
4. The transfers of title to the Property on Jtme 16, 2005, from defendant the
Firestone Master Limited Partnership to HMI Group, Inc. and Hub3, LLC constitute clear
violations of the automatic stay.
5. If the above unlawful transfers of title to the Property affect in any way the
Debtor or the Debtor’s attempts to assume and/or assign the Firestone Contract, such transfers i
are hereby declared void ab initio. Such transfers shall have no force and effect, and title to the
Property will be deemed to be held by John Firestone and I-lub Management, Inc. at all times and
in the same manner and with the same property interests that existed as of the filing of this
chapter ll case.
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Case 1:05-cv-OO579—Gl\/IS Document 1-2 Filed 08/O9/2005 Page 3 of 3
. 6. This Court retains jurisdiction to hear any disputes arising out of or related to the
terms of this order.
IT IS SD ORDERED.
Dated: July K, 2005
Honorable Peter J. Walsh
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