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75 PEARL STREET
PORTLAND, MAINE 04101
TELEPHONE 207-775-5015 TELECOPIER 207-775-7499
August 27, 1993
BY FAX
Ralph Lancaster, Esq.
Pierce, Atwood, Scribner, Allen, Smith & Lancaster
One Monument Square
Portland, ME 04101-1110
I enclose for your review a proposed Order drafted by Steve Gordon, attorney for Catherine Petit, along the same lines of the Order I faxed to you Thursday. The Order essentially restrains Key Bank free paying any funds to Catherine Petit, pending further order of the Court.
I could appreciate it if you could let me know today if Key Bank will consent to this Order. Steve Gordon has already sent a copy of this Order to the Court and will be urging this Order upon the Court in Monday's conference call. Therefore, if Key Bank objects to this Order, it may be a good idea for you to participate in the telephone hearing Monday morning..
John G. Connor
Enclosure
UNITER STATES BANKRUPTCY COURT
FOR THE
DISTRICT OF MAINE
In Re
CATHERINE DUFFY PETIT . Bankruptcy Case
Alleged Debtor. No. 93-10462
ORDER RESTRAINING SETTLEMENT OF KEY BANK SUIT,
RESTRICTING RELEASE OF JUDGEMENT PROCEEDS OF
KEY BANK SUIT TO DEBTOR'S COUNSEL AND
DENYING MOTION FOR APPOINTMENT OF INTERIM TRUSTEE
This matter having come on before me on the Motion of Petitioner New England Mortgage Services Company, Inc. for Appointment of Interim Trustee and Request for Expedited Hearing and the Opposition to Motion for Appointment of Interim Trustee filed by the Alleged Debtor, and upon hearing by telephone conference call on August 30, 1993, and due cause appearing to me therefor, it is.
ORDERED that in the pending action of Catherine Duffy Petit, the Alleged Debtor herein, against Key Bank bearing Docket No.. CV-86-608, pending in York County Superior Court (hereinafter the "Key Bank Suit") no settlement be effectuated and/or funded pending further Order of this Court and no judgement be paid other than to counsel for the Alleged Debtor in this bankruptcy case who in ordered to hold any and all such proceeds pending further Order of this Court, and it is further
ORDERED that counsel far the Alleged Debtor give notion of this Order to Key Bank and all counsel appearing in the Kay Bank Suit and, thereafter file with this Court a Certificate of such service, whereupon. it is
ORDERED that the appointment of interim trustee be denied.
James B. Haines, United States
- Bankruptcy Judge
-2-
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