Case No. 01-60386, Procedurally ConsolidatedUnited States Bankruptcy Court, E.D. Virginia.
January 9, 2004
Frank J. Santoro, Esquire, Lawrence H. Glanzer, Esquire, MARCUS, SANTORO KOZAK, P.C., Chesapeake, Virginia, of Counsel for Keith L. Phillips, Trustee
Allan S. Buffenstein, Esquire, Amy K. Dilworth, Esquire, McCANDLISH HOLTON P.C., Richmond, Virginia, of Counsel for Lehman Capital and Peter Kern
Douglas M. Foley, Esquire, Daniel F. Blanks, Esquire, McGUIREWOODS L.L.P., Norfolk, Virginia, of Counsel for Official Committee of Unsecured Creditors
Joseph S. Sheerin, Esquire, McGUIRE WOODS L.L.P., Richmond, Virginia, of Counsel for Official Committee of Unsecured Creditors
Paul M. Nussbaum, Esquire, Brent C. Strickland, Esquire, WHITEFORD, TAYLOR PRESTON L.L.P., Baltimore, Maryland, Counsel for Official Committee of Unsecured Creditors
ORDER
DOUGLAS TICE, Chief Judge, Bankruptcy
Hearing was held October 21, 2003, on the motion of Peter Kern, vice president of Lehman Brothers Holdings, Inc. to dismiss trustee’s motion for sanctions against Kern for violation of the automatic stay. In his motion to dismiss Kern alleged that this court lacks personal jurisdiction over him because: (1) he never acted in an individual capacity but only as an officer of Lehman; (2) he has never appeared generally before this court or waived procedural requirements for personal jurisdiction; and (3) he has not been served with a summons.
For the reasons stated in the memorandum opinion entered today,
IT IS ORDERED that the motion of Peter Kern to dismiss trustee’s motion for sanctions is DENIED.
IT IS FURTHER ORDERED that trustee is directed to convert this sanctions contested matter to an adversary proceeding.
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