Wolf Mountain Resorts, L.C., a Utah limited liabil

OCR transcription for search; preserved printed pages are authoritative

Case 2:11-bk-30162-PC Doc 77_ Filed 08/08/11 Entered 08/08/11 17:41:43 Desc
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| FILED | NOT FOR PUBLICATI
AUG -8 2011 |

aa Ee CSL LNITED STATES BANKRUPTCY CobRt| AUG 08 207
ay: Deputy Sieh

ENTERED

RK U.S BANKRUPTCY COURT
LASNTRAL STRICT OF CALIFORNIA
BY

CENTRAL DISTRICT OF CALIFO

Deputy Clerk

4
5 LOS ANGELES DIVISION
‘ In re: ) Case No. 2:11-bk-30162-PC
)
) Chapter 11
7 )
WOLF MOUNTAIN RESORTS, L.C., ) ORDER GRANTING RELIEF FROM
8 | a Utah limited liability company, ) THE AUTOMATIC STAY TO SEEK
} RELIEF IN UTAH STATE COURT
9 ) TO EXERCISE SETOFF RIGHTS
)
10 ) Date: July 21, 2011
) Time: 9:30 a.m.
11 ) Place: United States Bankruptcy Court
) Courtroom # 1539
12 Debtor. ,) 255 East Temple Street
_) Los Angeles, CA 90012
13
14 Based upon the findings of fact and conclusions of law set forth in the court’s

15 | Memorandum Decision of even date herewith, it is hereby

16 ORDERED that the automatic stay is modified pursuant to 11 U.S.C. § 362(d)(1) to

17 | permit: (a) ASC Utah, LLC (“ASCU”) to seek relief in the Utah state court in conjunction with
18 | Consolidated Case No. 060500297, pending before the Third Judicial District Court in Summit
19 | County, State of Utah, to exercise its alleged right of setoff and/or recoupment under applicable
20 | Utah state law: (b) the Utah state court to adjudicate ASCU’s alleged right of setoff and/or

21 | recoupment and the Debtor’s defenses thereto; and ( c) ASCU to enforce any right of setoff

22 and/or recoupment determined by the Utah state court to exist with respect to the Judgment, the
23 | September 2011 Payment, and any other amounts due between the parties under the Ground

24 | Lease, as those terms are defined or used in Me

25 | Dated: August 7, 2011 ok

26 PETER H. CARROLL
United States Bankruptcy Judge

27

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 2:11-bk-30162-PC Doc77 Filed 08/08/11 Entered 08/08/11 17:41:43 Desc
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in re:
CHAPTER:

Debtor(s). CASE NUMBER:

NOTICE OF ENTERED ORDER AND SERVICE LIST

Notice is given by the court that a judgment or order entitled (specify ORDER_GRANTING RELIEF FROM THE
AUTOMATIC STAY TO SEEK RELIEF IN UTAH STATE COURT TO EXERCISE SETOFF RIGHTS _was entered on the date
indicated as “Entered” on the first page of this judgment or order and will be served in the manner indicated below.

I. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) - Pursuant to controlling General Order(s) and
Local Bankruptcy Rule(s), the foregoing document was served on the following person(s) by the court via NEF and hyperlink to
the judgment or order. As of _08-08-2011_, the following person(s) are currently on the Electronic Mail Notice List for this
bankruptcy case or adversary proceeding to receive NEF transmission at the email address(es) indicated below.

AsaSHami ahami@sulmeyerilaw.com

Mark S$ Horoupian mhoroupian@sulmeyerlaw.com, kfox@sulmeyerlaw.com
David S Kupetz dkupetz@sulmeyerlaw.com, jbartlett@sulmeyerlaw.com
Kenneth G Lau kenneth.g.lau@usdoj.gov

Queenie KNg queenie.k.ng@usdoj.gov

Marcus Tompkins mtompkins@sulmeyerlaw.com, jbartlett@sulmeyerlaw.com
United States Trustee (LA) ustpregion16.la.ecf@usdoj.gov

ScottH Yun syun@stutman.com

e* ¢ 8 @#© @ @ @ @

CL] Service information continued on attached page

ll. SERVED BY THE COURT VIA U.S. MAIL: A copy of this notice and a true copy of this judgment or order was sent by
United States Mail, first class, postage prepaid, to the following person(s) and/or entity(ies) at the address(es) indicated below:

David M Wahlquist
Kirton & McConkie PC
1800 Eagle Gate Tower
60 E South Temple

Salt Lake City, UT 84111

CC] Service information continued on attached page

Ill. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment or order which bears
an “Entered” stamp, the party lodging the judgment or order will serve a complete copy bearing an “Entered” stamp by U.S.
Mail, overnight mail, facsimile transmission or email and file a proof of service of the entered order on the following person(s)
and/or entity(ies) at the address(es), facsimile transmission number(s), and/or email address(es) indicated below:

C1 Service information continued on attached page

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.

January 2009 F 9021-1.1