Tentative ruling issued by Judge David M. Chapman on May. 24, 2017 in Riverside County, CA - Case no: xxxxx699

Case Name:   PSC 1601699

Case No.:   (Subscribe to View)

On May 24, 2017, Judge David M. Chapman of Riverside County Superior Court, Department PS2, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Riverside County, California. Hearing Date 05.24.2017.

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Motion denied. Sanctions denied. Plaintiff to give notice.

This court is not required to stay this action, and Defendants have failed to show that a stay is appropriate under principles of comity. This is particularly true given that the United States Bankruptcy Court has previously denied the very relief that defendant seeks in Canada.

Furthermore, and on separate basis; the underlying bankruptcy proceeding is in a Canadian court. Defendants might be entitled to a stay if Defendant filed a Chapter 15 bankruptcy proceeding here. Chapter 15 is a new chapter added to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. It is the U.S. domestic adoption of the Model Law on Cross-Border Insolvency promulgated by the United Nations Commission on International Trade Law ("UNCITRAL") in 1997, and it replaces Track Judge's New Cases

Hearing Date

May 24, 2017

Department

PS2

Docket Filing date

May 1, 2017

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