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Case 4:13-cv-03119 Document 42 Filed in TXSD on 10/09/15 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`
`HEIDI HANNA AND
`CHARLES C. HILL
`
`VS.
`
`PETER KIM BLANCHETTE,
`MARY ELLEN BLANCHETTE,
`ADAM BLANCHETTE,
`MATT BLANCHETTE,
`JOEL BLANCHETTE,
`AARON BLANCHETTE,
`MARK BLANCHETTE,
`BLANCHETTE PRESS, LTD.
`BLANCHETTE PRESS, INC. AND
`TOM DENNIS
`
`
`§
`§
`§
`§
`§
`§
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`§
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`§
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`CIVIL ACTION NO. 4:13-CV-03119
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`HEIDI HANNA AND CHARLES C. HILL’S
`AMENDED MOTION TO LIFT ABATEMENT AND REINSTATE
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`
`
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`Plaintiffs, Heidi Hanna and Charles C. Hill, move to lift abatement and reinstate this case
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`on the Court’s active docket. In support Plaintiffs show the following:
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`Defendant, Joel Blanchette filed an “assignment of bankruptcy” on February 6, 2015 in the
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`District of British Columbia, Canada, Vancouver division, Estate No. 11-1958459. See dkt 37. Ms.
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`Hanna and Mr. Hill are identified as creditors in that proceeding. See id.
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`By order entered March 2, 2015 (dkt 39) the Court granted the parties’ joint motion to
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`abate. See dkt 38. In the joint motion it was represented that Mr. Blanchette was then “considering
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`instituting a Chapter 15 case.” See id.; see also 11 U.S.C. § 1509(b); 11 U.S.C. § 1515. In the
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`intervening six months, no Chapter 15 case has been initiated.
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`Chapter 15 of the Bankruptcy Code is the procedural mechanism by which the Court may
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`recognize the foreign “assignment of bankruptcy.” 11 U.S.C. § 1501, et seq. see also, e.g., Lavie
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`v. Ran, 384 B.R. 469, 471 (S.D. Tex. 2008) (citing In re Bear Stearns High–Grade Structured
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`20130491.20130491/2236982.1
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`

`

`Case 4:13-cv-03119 Document 42 Filed in TXSD on 10/09/15 Page 2 of 3
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`Credit Strategies Master Fund, Ltd., 374 B.R. 122, 125 (Bankr. S.D.N.Y. 2007)). Because Mr.
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`Blanchette nor any representative has availed himself of the procedure, Ms. Hanna and Mr. Hill
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`are entitled to pursue their claims in this case.
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`Pursuant to Local Rule 7.1, counsel for Ms. Hanna and Mr. Hill has corresponded with
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`counsel for Mr. Blanchette by email and by telephone. It was represented that Mr. Blanchette
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`intends to pursue relief under Chapter 15 of the Bankruptcy Code and, therefore, this motion is
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`OPPOSED.
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`CONCLUSION AND PRAYER
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`WHEREFORE, Heidi Hanna and Chris Hill ask the Court to enter its order lifting
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`abatement and reinstating this case on the Court’s active docket and for all other relief to which
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`they are entitled.
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`
`
`
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`OF COUNSEL:
`
`HIRSCH & WESTHEIMER, P.C.
`1415 Louisiana, 36th Floor
`Houston, TX 77002
`Telephone: 713.223.5181
`Facsimile: 713.223.9319
`
`
`
`
`
`
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`20130491.20130491/2236982.1
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`Respectfully submitted,
`
`
`
`By: /s/ Eric Lipper
`Eric Lipper
`SBN: 12399000
`FED ID: 11442
`1415 Louisiana, 36th Floor
`Houston, Texas 77002
`Telephone: 713.223.5181
`Facsimile: 713.223.9319
`E-mail: elipper@hirschwest.com
`
`ATTORNEY-IN-CHARGE FOR
`PLAINTIFFS, CHARLES C. HILL AND
`HEIDI HANNA
`
`
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`2
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`

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`Case 4:13-cv-03119 Document 42 Filed in TXSD on 10/09/15 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`I hereby certify that on October 9, 2015, I caused a copy of the foregoing document to be
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`served on all counsel of record through this Court’s CM/ECF system.
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`
`
` /s/ Eric Lipper
`Eric Lipper
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`
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`20130491.20130491/2236982.1
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`3
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`

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