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In re PTI Holding Corp. (Homestead Holdings, Inc. v. Broome & Wellington)

United States Bankruptcy Court for the District of Nevada

346 B.R. 820 (2006)

Relevant factsFree

Steven and David Greenstein (the Greensteins) acquired Homestead Holdings, Inc. (Homestead) and, through it, the assets of London Fog Industries, purchasing assets from Broome & Wellington (B&W) with the Greensteins and Greenco Enterprises Company, Inc. personally guaranteeing the purchase price under an agreement designating English law. After Homestead filed for bankruptcy and B&W filed a roughly $7 million proof of claim, B&W notified the Greensteins it would sue in England to enforce their personal guarantees; Homestead sought a preliminary injunction against that English suit, arguing it would distract the Greensteins — who essentially were Homestead — from Homestead's newly profitable reorganization efforts, and that the Greensteins' personal wealth was too tied up in London Fog to satisfy any English judgment before reorganization concluded.

IssueFree

Whether, in a bankruptcy case, a creditor may be temporarily enjoined from filing suit to enforce guarantees on a debt if the lawsuit would cause substantial harm to the debtor's estate and ability to reorganize.

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