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REC’D & FILED
2021 JAN 15 PM 12:59
BY DEPUTY
Matthew D. Francis, Bar No. 6978
mfrancis@bhfs.com
Arthur A. Zorio, Bar No. 6547
azorio@bhfs.com
BROWNSTEIN HY ATT FARBER SCHRECK, LLP
Telephone: (775) 324-4100
Facsimile: (775) 333-8171
Attorneys for Plaintiff JED MARGOLIN
IN
THE FIRST JUDICIAL DISTRICT COURT OF THE STATE OF
IN
AND FOR
CASE NO. 090C00579 lB
DEPT NO. 1
NOTICE OF TERMINATION OF BANKRUPTCY PROCEEDINGS
JED MARGOLIN, an individual,
Plaintiff,
v.
OPTIMA
TECHNOLOGY CORPORATION, a
Defendants.
On June 3, 2016, this Court entered an Order styled "Notice of Bankruptcy Filing and Automatic Stay." In that Order, the Court stated as follows:
GHOLAM REZA JAZI ZANDIAN filed a verified Chapter 15 Petition for Recognition of a Foreign Proceeding with the United States Bankruptcy Court, Case No. 16-50644-btb. Pursuant to the United States Bankruptcy Code, upon the filing of a bankruptcy petition, judicial proceedings involving the bankruptcy petitioner are automatically stayed. See 11 U.S.C. § 362(a). Therefore, this Court is unable to proceed on any motions until the automatic stay is lifted by the United States Bankruptcy Court. At that time, the parties should resubmit any pending motions to the Court for decision.
On October 14, 2020, the United
States Bankruptcy Court, District of Nevada ("USBC"), entered an
Order Approving Stipulation to Dismiss Chapter 15 Case. See Exhibit 1
hereto. In that Order, the USBC dismissed Case No. 16-50644-btb with prejudice.
Prior to the filing of Chapter 15 Case No. 16-50644-btb, Plaintiff Jed Margolin filed a Motion to Void Deeds, Assign Property and For Writ of Execution ("Motion to Void Deeds"), to which no opposition was filed. On June 2, 2016, Mr. Margolin filed a Request for Submission for the Motion to Void Deeds, stating that no opposition had been filed. Following this filing, the Court entered its aforementioned June 3, 2016 Order staying this case and directing the parties to "resubmit any pending motions to the Court for decision." See supra.
Mr. Margolin now resubmits his Motion to Void Deeds in accordance with this Court's June 3, 2016 Order and also submits a proposed Order granting his Motion to Void Deeds in conjunction therewith. Mr. Margolin's proposed Order and Request for Submission are submitted contemporaneously herewith.
AFFIRMATION Pursuant to NRS 239B.030
The undersigned does hereby affirm that the preceding document does not contain the social security number ofany person.
DATED: January 15, 2021. BROWNSTEIN HYATT FARBER SCHRECK, LLP
Matthew D. Francis (6978)
Arthur A. Zorio (6547)
Telephone: 775-324-4100
Facsimile: 775-333-8171
Attorneys for Plaintiff JedMargolin
CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I certify that I am an employee of BROWNSTEIN HYATT FARBER SCHRECK, LLP, and on this 15th day ofJanuary, 2021, I served the document entitled REQUEST FOR SUBMISSION on the parties listed below via the following:
Reza Zandian
Gholam Reza Zandian Jazi
6 rue Edouard Fournier
75116
Email: rezazand@hotmail.com
[X]
VIA FIRST CLASS U.S. MAIL: by placing a true copy thereof enclosed in a sealed
envelope with postage thereon fully prepaid, in the
[ ] VIA COURIER: by delivering a copy of the document to a courier service for over-night delivery to the foregoing parties.
[ ] VIA ELECTRONIC SERVICE: by electronically filing the document with the Clerk of the Court using the ECF system which served the foregoing parties electronically.
[X] VIA ELECTRONIC MAIL: by electronically transmitting a courtesy copy of the document to the Defendant Reza Zandian at the foregoing email address.
_______________________________
Employee of Brownstein Hyatt Farber Schreck LLP
LIST OF EXHIBITS
1. Order Approving Stipulation to Dismiss Chapter 15 Case 3 Pages
2. Case Summary 2 Pages
Exhibit 1
Case 16-50644-btb Doc 116 Entered 10/14/20 14:18:25 Page 1 of 3
Honorable Bruce T. Beesley United States Bankruptcy Judge
Entered on Docket
October 14, 2020
Matthew D. Francis
Nevada Bar No. 6978
Arthur A. Zorio
Nevada Bar No. 6547
BROWNSTEIN HYATT FARBER SCHRECK, LLP
Telephone: 775-324-4100
Facsimile: 775-333-8171
Email: mfrancis@bhfs.com
azorio@bhfs.com
Attorneys for Jed Margolin
UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEVADA
IN RE: Case No. BK-N-16-50644-BTB
Chapter
15
ORDER APPROVING
STIPULATION TO DISMISS CHAPTER 15 CASE
PATRICK CANET
JAZI GHOLAMREZA ZANDIAN,
Debtor(s).
Current Hearing Date: September 2, 2020
Current Hearing Time: 11 :00 AM
Estimated Time for hearing: 1 hour
Ex. 1 - Page 2 of 4
Case 16-50644-btb Doc 116 Entered 10/14/20 14:18:25 Page 2 of 3
The Court, having read and considered the Parties' [Proposed] Stipulated Order Granting Motion to Dismiss on to Dismiss Chapter 15 Case ("Stipulation") entered into by Claimants Fred Sadri, both in his individual capacity and as Trustee for The Star Living Trust, dated April 14, 1997; Ray Koroghli, individually; and Ray Koroghli and Sathsowi T. Koroghli, in their individual capacities as well as Managing Trustees for Koroghli Management Trust, by and through counsel of record Richard F. Holley, Esq. Andrea M. Gandara, Esq. and Mary Langsner, Ph.D. of the law firm Holley Driggs ("Claimants"); Jed Margolin, by and through his counsel of record Arthur A. Zorio, Esq. and Matthew D. Francis, Esq., of the law firm Brownstein Hyatt Farber Schreck, LLP ("Margolin"); (Claimants and Margolin together, the "Parties"), and the Court, having read and considered the Stipulation, the papers and pleadings on file in the above-captioned case, and good cause appearing therefor:
IT IS ORDERED that the Stipulation is APPROVED.
IT IS FURTHER ORDERED that Margolin's Amended Motion to Dismiss Chapter 15 Case is GRANTED.
IT IS FURTHER ORDERED that the Chapter 15, Case No. BK-N-16-50644-BTB with all ancillary and adversary proceedings related thereto are and shall be dismissed with prejudice.
IT IS FURTHER ORDERED that Adversary Case No. 17-05016-BTB is and shall be dismissed with prejudice.
IT IS FURTHER ORDERED that the Adversary Case No. 19-05025-BTB is and shall be dismissed with prejudice.
IT IS FURTHER ORDERED that pursuant to 11 U.S.C. 349(b), dismissal of the Chapter 15 case:
(1) reinstates: (A) any proceeding or custodian any proceeding or custodianship superseded under section 543 of Title 11 of the United States Code ("Code"); (B) any transfer avoided under section 522, 544, 545, 547, 548, 549, or 724(a) of the Code, or preserved under section 510(c)(2), 522(i)(2), or 551 of the Code; and (C) any lien voided under section 506(d) of the Code;
Ex. 1 - Page 3 of 4
Case 16-50644-btb Doc 116 Entered 10/14/20 14:18:25 Page 3 of 3
(2) vacates any order, judgment, or transfer ordered, under section 522(i)(l), 542, 550, or 553 of the Code; and
(3) revests the property of the estate in the entity in which such property was vested immediately before the commencement of the case under this title.
IT IS FURTHER ORDERED that the Order Granting Partial Motion for Summary Judgment and Denying Motion for Summary Judgment Against Cross-Claimant Patrick Canet and Granting Counter Motion for Summary Judgment ("Interlocutory Order") (Adv. ECF No. 61 in Adversary Case No. 17-05016-BTB) and the corresponding Findings of Fact and Conclusions of Law ("Findings") (Adv. ECF No. 60 in Adversary Case No. 17-05016)-BTB are and shall be vacated as void ab initio. To the extent that either the Interlocutory Order or the Findings have been recorded in the office of any county recorder, the same, by this Order are and shall be expunged and removed from the record, and any transfers based upon the Interlocutory Order or the Findings shall be void ab initio.
IT IS SO ORDERED.
Prepared and submitted by:
BROWNSTEIN HYATT FARBER SCHRECK, LLP
________________________
Matthew
D. Francis
Matthew D. Francis, Esq.
Nevada Bar No. 6978
Arthur A. Zorio, Esq.
Nevada Bar No. 6547
Attorneys for Jed Margolin
Ex. 1 - Page 4 of 4
Exhibit 2.
16-50644-btb
PATRICK CANET and JAZI GHOLAMREZA ZANDIAN
Case type: bk Chapter: 15 Vol: v Judge: BRUCE T. BEESLEY
Date filed: 05/19/2016 Date of last filing: 11/02/2020
Debtor dismissed: 10/14/2020
Date terminated: 11/02/2020
Case Summary
Office:
County: WASHOE-NV
Fee: Paid
Origin: O
Previous
term:
Joint:
n
Original chapter: 15
Current chapter: 15
Filed: 05/19/2016
Terminated: 11/02/2020
Debtor
discharged:
Reopened:
Converted:
Debtor
dismissed: 10/14/2020
Confirmation
hearing:
Debtor disposition: Dismissed for Other Reason
Related adversary proceedings: 17-05016-btb, 19-05025-btb
Pending status: Case Closed
Flags: CLOSED, BAPCP A, DISMPREJUDICE
Party 1: CANET, PATRICK (Foreign Representative)
SSN/ITIN: xxx-xx-0000
Party 2: ZANDIAN, JAZI GHOLAMREZA (Debtor)
Atty: JEFFREY L HARTMAN
Represents
party 1: Foreign Representative
Phone: (775) 324-2800
Fax: (775) 324-1818
Email:
notices@bankruptcyreno.com
Atty: JEFFREY L HARTMAN
Represents
party 2: Debtor
Phone: (775) 324-2800
Fax: (775) 324-1818
Email: notices@bankruptcyreno.com
Location of case files:
Volume: CSl
The case file may not be available.
Transaction Receipt
11/02/2020
18:04:34