HTML Document View

Full title: Motion for relief from stay Fee amount $188, Filed by Creditor Valdra Curtis Objections due by 3/29/2021. (Attachments: # 1 Proposed Order) (Zamites, Matthew)

Document posted on Mar 10, 2021 in the bankruptcy, 2 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Now comes the Movant, Valdra Curtis, and hereby moves this Court pursuant to 11U.S.C. § 362(d) for relief from the automatic stay entered in this action per 11 U.S.C. § 362(a) to permit her to pursue her bodily injury claim in the Delaware County Court of Common Pleas arising out of a slip and fall incident which took place on or about March 22, 2019 to the extent that the debtor, Studio Movie Grill Holdings, LLC, or any insurance carrier, shall be financially responsible.This relief is sought for the limited purpose of enabling Valdra Curtis to pursue her bodily injury tort claims against Studio Movie Grill Holdings, LLC.Creditor, Valdra Curtis, submits that relief from the automatic stay should be granted for cause as contemplated by Section 362(d) of the Bankruptcy Code on account of, without limitation, the following reasons: Debtor will not be prejudiced by an order from this court lifting the automatic stay to the extent of the insurance carried by the debtor at the time of the incident, because if Creditor, Valdra Curtis, were to obtain a judgment against the Debtorwithin the insurance policy limits, said monies would be paid by the Liability Insurance policy held by Debtor, not by the Debtor.WHEREFORE, creditor, Valdra Curtis, moves this court for relief from the automatic stay so that she may pursue the bodily injury tort claims and a possible civil action against the debtor, Studio Movie Grill Holdings, LLC, to the extent of any applicable liability insurance policy limits.Furthermore, Creditor Valdra Curtis moves the court to deny Debtor from being discharged to the extent their insurance company will be responsible for damages arising out of the March 22, 2019 incident at Studio Movie Grill,

Page 1

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NORTHERN TEXAS Studio Movie Grill Holdings, LLC, Debtor Case No. 20-32633-sgj11 Chapter 11 ) Valdra Curtis, ) ) Movant, ) ) v. ) ) Studio Movie Grill Holdings, LLC ) ) Respondent. ) ) MOTION FOR RELIEF FROM AUTOMATIC STAY Now comes the Movant, Valdra Curtis, and hereby moves this Court pursuant to 11U.S.C. § 362(d) for relief from the automatic stay entered in this action per 11 U.S.C. § 362(a) to permit her to pursue her bodily injury claim in the Delaware County Court of Common Pleas arising out of a slip and fall incident which took place on or about March 22, 2019 to the extent that the debtor, Studio Movie Grill Holdings, LLC, or any insurance carrier, shall be financially responsible. In support thereof, creditor Valdra Curtis states as follows: 1. This is a proceeding for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) and Fed. R. Bankr. P. 4001. 2. On July 8, 2019, Defendant Studio Movie Grill Holdings, LLC, Inc. filed a voluntary petition under Chapter 11 of the United States Bankruptcy Code. 3. This relief is sought for the limited purpose of enabling Valdra Curtis to pursue her bodily injury tort claims against Studio Movie Grill Holdings, LLC. 4. Any judgment or settlement of the claims would be funded by the Liability Insurance policy held by the Debtor. 5. Creditor, Valdra Curtis, submits that relief from the automatic stay should be granted for cause as contemplated by Section 362(d) of the Bankruptcy Code on account of, without

Page 2

limitation, the following reasons: Debtor will not be prejudiced by an order from this court lifting the automatic stay to the extent of the insurance carried by the debtor at the time of the incident, because if Creditor, Valdra Curtis, were to obtain a judgment against the Debtorwithin the insurance policy limits, said monies would be paid by the Liability Insurance policy held by Debtor, not by the Debtor. Therefore, such a judgment would not affect the assets of the Debtor’s estate. WHEREFORE, creditor, Valdra Curtis, moves this court for relief from the automatic stay so that she may pursue the bodily injury tort claims and a possible civil action against the debtor, Studio Movie Grill Holdings, LLC, to the extent of any applicable liability insurance policy limits. Furthermore, Creditor Valdra Curtis moves the court to deny Debtor from being discharged to the extent their insurance company will be responsible for damages arising out of the March 22, 2019 incident at Studio Movie Grill, 34 Heather Rd, Upper Darby, PA 19082. A proposed order is attached hereto. Respectfully Submitted, Valdra Curtis, By her Attorney, /s/Matthew Zamites, Esquire Marc I. Simon, PA ID# 201798 Simon & Simon, PC 1818 Market Street, Suite 2000 Philadelphia, PA 19103 (215)467-4666 Date: 3/11/2021 matthewzamites@gosimon.com