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Full title: Order granting motion for relief from stay by Creditor Vicki L Uloth (related document # 381) Entered on 2/5/2021. (Tello, Chris)

Document posted on Feb 4, 2021 in the bankruptcy, 4 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Debtors Studio Movie Grill Holdings, LLC, Movie Grill Concepts I, Ltd., MGCManagement I, LLC and Movant are opposing parties in a lawsuit pending in the 193rd DistrictCourt for Dallas County (the “State Court”) in CauseTaken in consideration with limitations on this Court’s jurisdiction under 28 U.S.C§§157(b)(2)(B) and (O) to liquidate an unliquidated personal injury tort claim for the purpose ofdistribution in a bankruptcy case, the Court finds that in this case balancing the hardships betweenDebtors and Movant weighs in favor of granting the relief requested by Movant.Good cause exists to modify the automatic stay to authorize the Movant in the DistrictCourt Suit to prosecute her claims against Debtors Studio Movie Grill Holdings, LLC, Movie GrillConcepts I, Ltd., MGC ManagementThe automatic stay is modified to allow Movant to liquidate her claims in the StateCourt Suit against Studio Movie Grill Holdings, LLC, Movie Grill Concepts I, Ltd.,andI, LLC, including entry of a final judgment determining theinterests of the parties; B. Except to the extent provided above, the automatic stay will remain in effect withregard to the implementation of any such judgment other than through proceedingsauthorized in this Court under the United States Bankruptcy Code or as allowed byfurther orders of this Court respecting the administration of the Debtor’s estate; andC. This Court retains exclusive jurisdiction with respect to all matters arising from orrelated to the implementation, interpretation, and enforcement of this Order.

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The following constitutes the ruling of the court and has the force and effect therein described. igned February 5, 2021 _____________________________________________________________________IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION IN RE: § CASE NO. 20-32633-SGJ § STUDIO MOVIE GRILL HOLDINGS, LLC§, (Chapter 11) et al., § § DEBTORS § (Jointly Administered) ORDER GRANTING MOTION OF VICKI L. ULOTH TO MODIFY STAY TO PERMIT CONTINUATION OF STATE COURT LITIGATION Came on for consideration at 1:30 p.m. on February 4, 2021, the Motion of Vicki L. Uloth toModify Stay to Permit Continuation of State Court Litigation [Docket Number 381] filed by VickiL. Uloth (“Movant”) on December 29, 2020. Having carefully considered the arguments of counsel,the Motion, the Debtors’ Objection Motion of Vicki L. Uloth to Modify Stay to Permit Continuationof State Court Litigation [Docket Number 438], and the affidavits and supporting exhibits filed byMovant [Docket Number 581], the Court makes the following findings of fact: 1. This Court has jurisdiction of the present contested matter pursuant to 28 U.S.C. §§157(b)(2)(G) and 1334.

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2. The Motion was served as required by Rule 4001-1 of Local Rules of the UnitedStates Bankruptcy Court for the Northern District of Texas and the notice given by the Movant ofthe present motion and hearing, as rescheduled, constitute due and sufficient notice thereof. Appearances were entered by Movant’s counsel, Debtors’ counsel, and counsel for the OfficialUnsecured Creditors’ Committee. 3. Debtors Studio Movie Grill Holdings, LLC, Movie Grill Concepts I, Ltd., MGCManagement I, LLC and Movant are opposing parties in a lawsuit pending in the 193rd DistrictCourt for Dallas County (the “State Court”) in Cause No. DC-20-05908 styled Vicki L. Uloth vs. Studio Movie Grill Holdings, LLC, Movie Grill Concepts I, Ltd., MGC Management I, LLC, andAmreit SSPF Berkeley LP (the “State Court Suit”). 4. Movant asserts premises liability and negligence claims arising from a personal injuryalleged to have occurred in a movie theater operated by Debtors. The Debtor defendants havecontested these claims. 5. Under 11 U.S.C. § 362(d)(2), the Court must grant relief from the automatic stay “forcause.” Although “cause” is not defined in the statute, the “legislative history does provide that ‘adesire to permit an action to proceed to completion in another tribunal may provide . . . cause.’Mooney v. Gill, 310 B.R. 543, 546 (N.D. Tex. 2002). 6. In deciding the question of cause in connection with determining whether to allowa creditor to return to a pending state court suit to liquidate a claim against a debtor, courts haveapplied a variety of tests, listing from four to twelve factors. See Stone St. Servs. v. Granati (In reGranati), 271 B.R. 89, 93 (Bankr. E.D. Va. 2001); In re Sonnax Industries, Inc., 907 F.2d 1280,1286 (2d Cir. 1990); In re Curtis, 40 B.R. 795, 799- 800 (Bankr. D. Utah 1984). Regardless of thefactors considered, the question essentially remains one of balancing the hardships of the parties in

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conjunction with the goals of the United States Bankruptcy Code. Mooney at 546. 6. Taken in consideration with limitations on this Court’s jurisdiction under 28 U.S.C§§157(b)(2)(B) and (O) to liquidate an unliquidated personal injury tort claim for the purpose ofdistribution in a bankruptcy case, the Court finds that in this case balancing the hardships betweenDebtors and Movant weighs in favor of granting the relief requested by Movant. 7. Good cause exists to modify the automatic stay to authorize the Movant in the DistrictCourt Suit to prosecute her claims against Debtors Studio Movie Grill Holdings, LLC, Movie GrillConcepts I, Ltd., MGC Management I, LLC, subject to this Court’s continuing jurisdiction over theproperty of the Debtors’ estates. IT IS ORDERED THAT: A. The automatic stay is modified to allow Movant to liquidate her claims in the StateCourt Suit against Studio Movie Grill Holdings, LLC, Movie Grill Concepts I, Ltd.,and MGC Management I, LLC, including entry of a final judgment determining theinterests of the parties; B. Except to the extent provided above, the automatic stay will remain in effect withregard to the implementation of any such judgment other than through proceedingsauthorized in this Court under the United States Bankruptcy Code or as allowed byfurther orders of this Court respecting the administration of the Debtor’s estate; andC. This Court retains exclusive jurisdiction with respect to all matters arising from orrelated to the implementation, interpretation, and enforcement of this Order. # # # END OF ORDER # # #

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Submitted by: J. Douglas Uloth State Bar No. 20273700 ULOTH, P.C. 5080 Spectrum Drive, Suite 1000 East Addison, Texas 75001 (469) 791-0411 (888) 780-5946 (Fax)