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Bakhsh v. Khan

United States District Court, D. Nevada

April 6, 2017

QADIR BAKHSH, Plaintiff,
v.
MUHAMMAD Q. KHAN, et al., Defendants.

          JOHN 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 SETTLEMENT

         Debtor-Defendant, 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:

         1. This Court ordered this matter STAYED (Docket #3 5) pending developments in the Bankruptcy of Defendant Maimoona Q. Khan, discussed below.

         2. On 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"!

         3. On 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.

         4. On 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 First Action.

         5. On 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.

         6. On 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.

         7. On 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].

         8. On 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].

         9. The 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.

         10. The 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 "Approval Motion").

         11. Currently pending in the Bankruptcy Adversary Proceeding are at least the following deadlines, hearings and trial dates, among ...


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