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In Re: Bruce G. Fagel, Debtor v. Bruce G. Fagel

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 24, 2012

IN RE: BRUCE G. FAGEL, DEBTOR
IN RE BRUCE G. FABEL, A LAW CORPORATION, DEBTOR
RUBY MORALES, A MINOR AND INCOMPETENT, BY AND THROUGH HER GUARDIAN AD LITEM, DENIELLE MORALES, PLAINTIFF,
v.
BRUCE G. FAGEL, A LAW CORPORATON; AND BRUCE G. FAGEL, INDIVIDUALLY, DEFENDANTS.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

O

CLOSED

cc: US Bankruptcy Court cc: US Trustee's Office

ORDER DENYING WITHOUT PREJUDICE DEFENDANTS' MOTION TO ENFORCE STIPULATED ORDER [Docket No. 53]

Case in other court: 9TH CCA, 10-56134 USBC Central District of California at Los Angeles, AD 01-01710 SB BAP, CC-07-01095 USBC Central District of California at Los Angeles, LA 99-16480 SB USBC Central District of California at Los Angeles, LA 99-16481 SB Cause: 28:0158 Notice of Appeal re Bankruptcy Matter (BAP) Presently before the court is the Motion of Defendants for Order (1) Enforcing Stipulated Order and (2) Requiring Plaintiff and Her Transferees to Disgorge "Excess Payment" Pursuant to Stipulated Order ("Motion"). Having reviewed the parties' moving papers, the court denies the Motion without prejudice, and adopts the following Order.

The parties to this bankruptcy appeal entered into a Stipulated Order before the Bankruptcy Court in the underlying bankruptcy case, on May 1, 2002. Relevant here, the Stipulated Order provides that the "[Bankruptcy] Court shall retain jurisdiction to enforce the terms of this Stipulation." (Mot., Ex. C at 47 ¶ L.)

Accordingly, the court finds that Defendants must first file their Motion to enforce the Stipulated Order with the Bankruptcy Court. The court therefore DENIES Defendants' Motion without prejudice to Defendants filing their Motion with the Bankruptcy Court.

IT IS SO ORDERED.

20120824

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