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75 PEARL STREET
PORTLAND, MAINE 04101
TELEPHONE 207-775-5015 TELECOPIER 207-775-7499
August 26, 1992
By FAX
Gordon & Wise
101 Federal Street
Pierce, Atwood, Scribner, Allen, Smith & Lancaster
One Monument Square
RE: Ms. Catherine Duffy Petit
I am exploring an alternative to the Motion for Appointment of Interim Trustee which I filed on behalf of the petitioners in this case. We have a hearing scheduled on that Motion by telephone on this coming Monday morning at 9:00 a.m. with Judge Haines.
I believe Steve originally suggested simply an injunction order to take place of an interim trustee. This would appear to provide the petitioner with the protection they need and would also not seem to impose any burden on either the Debtor or on Key Bank.
I have enclosed a proposed Order and ask both of you to review it with your respective clients and try to let me know as soon as possible if it is acceptable.
Both the Debtor and Key Bank seem to be indicating to me that settlement is not at all likely on an interim basis. If that is the case, this Order would have no practical effort on either the Debtor or Key Bank, and I would assume, therefore, that there would be no objection.
I would appreciate it if you could both let me know either today or Friday if the Order is acceptable. (Of course, if the concept of the order is acceptable and you want to quibble with the language, please feel free to give me a call. I have no pride of authorship.)
Thanks for your help and attention to this matter.
Sincerely,
John G. Connor
Jgc/scl/108.2/bothltr.scl
Cc: Robert Checkoway, Esq. (by fax)
UNITED STATES BANKRUPTCY COURT
DISTRICT OF MAINE
In re:
Catherine Duffy Petit,
Debtor
Case Mo. 92-10462
Upon consent of Debtor Catherine Petit, Key Bank of Southern Maine, and the petitioners herein, it is hereby ordered that Key Bank of Southern Maine, its attorneys, representatives, and agents, are hereby enjoined from paying to Debtor Catherine Petit or her attorneys, representatives. or agents, any funds in full or partial satisfaction of any settlement or judgement obligation whatsoever, without further order of this Court. Such further Order shall be entered only after hearing set upon notice to all parties set forth above and such other parties as are required to receive notice of hearings pursuant to the Federal Rules of Bankruptcy procedure.
DATED: August , 1993 _______________________
James B. Baines,
U. S. Bankruptcy Judge
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