United States District Court, D. Nevada
W. MUIJE & ASSOCIATES JOHN W. MUIJE, ESQ. Nevada Bar No.
2419 Attorney for Plaintiff QADIR BAKHSH
STIPULATION AND ORDER FOR STANDSTILL AND RESERVATION
OF RIGHTS AND RELATED MATTERS PENDING APPROVAL OF
Maimoona Q. Khan ("Mrs. Khan" or the
"Debtor" as applicable), Defendant
Muhammad Q Khan, and Plaintiff, Qadir Bakhsh ("Mr.
Bakhsh"). hereby stipulate and agree (the
"Stipulation”) as follows:
Court ordered this matter STAYED (Docket #3 5) pending
developments in the Bankruptcy of Defendant Maimoona Q. Khan,
November 12, 2008, Mr. Bakhsh filed an action against Mrs.
Kahn and her husband, Dr. Muhammad Khan ("Dr.
Khan" and together with Mrs. Khan, the
"Khans") in the Eighth Judicial District
Court (the "Nevada State Court"! Case No.
08A575554 (the "First Action"!
January 28, 2015, Mr. Bakhsh obtained a Judgment
(the "Judgment") against the Khans in the amount of
$411, 359.77, plus interest, in the First Action.
September 8, 2015, Mr. Bakhsh, acting through new counsel,
John Muije, Esq. ("Mr. Muije"), filed a separate
action against the Khans and various other defendants
including Salim Attiya, Khronusova Yekaterina, Saima Bhatti,
Bright Star, Ltd., Bright Star Contracting, Ltd., AMPAK
Enterprises, LLC, and MQ Fam (collectively, the "Other
Defendants") in Nevada State Court, Case No.
A-15-724254-C (the "Second Action"), which
essentially was in aid of collection of the Judgment from the
October 21, 2015 (the "Petition Date"),
the Debtor filed her voluntary petition for relief under
chapter 7 of title 11 of the United States Code (the
"Bankruptcy Code"), thereby commencing her
chapter 7 bankruptcy case (the "Bankruptcy
Case"). Dr. Kahn was not a debtor in the Bankruptcy
Case. Lenard Schwartzer was appointed as the Trustee over the
Debtor's Bankruptcy Case.
February 29, 2016, Mr. Bakhsh filed his Bankruptcy Court
Adversary Complaint [Adv. ECF No. 1],
("Adversary Proceeding") asserting claims
against the Defendant pursuant to sections 523(a)(4) and
(a)(6), and 727(a)(2)(A) and (a)(3) of the Bankruptcy Code.
August 15, 2016, the Bankruptcy Court entered an order
approving an application to employ Mr. Bakhsh's counsel,
Mr. Muije, as special counsel to the Chapter 7 Trustee on a
contingency basis to both pursue obj ections to the
exemptions, and to pursue avoidance and recovery of transfers
on behalf of the Chapter 7 Trustee. [Bankruptcy ECF No. 110].
June 3 0, 2016, the parties to the Adversary Proceeding
entered into a Standard Discovery Plan [Bankruptcy
Adv. ECF No. 14], which provided for an original discovery
cutoff of November 28, 2016 (as amended, the
"Discovery Cutoff'). Stipulations for
extensions to discovery were filed and entered on November
28, 2016 [Bankruptcy Adv. ECF No. 35], December 15, 2016
[Bankruptcy Adv. ECF No. 38]; and December 27, 2016
[Bankruptcy Adv. ECF No. 40].
Parties attended a lengthy settlement conference on January
10, 2017 and continuing to January 13, 2017 before the Hon.
Gary Spraker, Federal Bankruptcy Judge, and, at the
conclusion thereof, and after substantial negotiations at
arms' length and in good faith, put on the record the
terms of a global settlement agreement (the
"Settlement") of all matters in the
Bankruptcy j Case, the Adversary Proceeding and this Second
Action in Nevada State Court, thereby resulting in a complete
resolution of all of the foregoing matters, subject to the
terms and conditions put on the record for the Settlement,
which will also need to be reduced to writing, and subject to
approval by the Bankruptcy Court.
terms of the Settlement require the Khans to pay the Trustee
the sum of $50, 000.00 (the "Down
Payment") within sixty (60) days of conclusion of
the settlement conference, and thus on or before March 14,
2017. Upon the Chapter 7 Trustee's receipt of the Down
Payment from the Khans, and confirmation of the same in
available funds, the Parties shall file a motion seek
approval of the Settlement with the Court pursuant to
Fed.R.Bankr.P. 9019, 7041 and otherwise;(the
Currently pending in the Bankruptcy Adversary Proceeding are
at least the following deadlines, hearings and trial dates,