IN Re: Vitaly Ivanovich Smagin
Opinion
Trial Court Opinion
I. INTRODUCTION
Presently before the Court is movant Vitaly Ivanovich Smagin’s (“Smagin”) Motion for Withdrawal of Reference to the Bankruptcy Court (“Motion”). For the reasons below, the Court DENIES Smagin’s Motion.
II. FACTUAL BACKGROUND
In November 2014, Smagin won an award of $84,290,064.40 from the London Court of International Arbitration against Ashot Yegiazaryan (“Yegiazaryan”). Soon after, he filed a petition with this Court for confirmation of the award, and the Court confirmed the award on March 31, 2016. See Vitaly Ivanovich Smagin v. Ashot Yegiazaryan, 2:14-cv-09764-RGK-PLA (the “Enforcement Action”). That action, although closed, remains assigned to this Court. Smagin has been unable to collect the judgment and has filed several additional lawsuits against various defendants in attempts to recoup his award. All of Smagin’s actions relating to the original judgment have been litigated before this Court. In August 2020, the Arbitration Court of the City of Moscow (“Russian Court”) commenced a bankruptcy case against Smagin and appointed Evgeniy Nikolaevich Ratnikov (“Ratnikov’”) as his financial manager. The Russian Court found Smagin insolvent in May 2021…