Vacate

07F-A0257-ROC · Registrar of Contractors · 2007-04-24

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|B AND W FIRE SECURITY SYSTEMS L L C| | | | | | | | | | | |COMPLAINANT, | |No. 07F-A0257-ROC | | | | | |-v- | |ORDER RE: STAY OF | | | |PROCEEDINGS, VACATING | |License No. 121 Class, B- | |HEARING AND REMAND | |TOWNSEND CONSTRUCTION INC (CORP ) | | | | | | | | | | | |RESPONDENT. | | | | | | | | | | | | | | |

On April 23, 2007, the Office of Administrative Hearings received the attached Notice of Bankruptcy Case Filing (“Notice”) which indicated that Respondent filed a petition for Chapter 11 bankruptcy protection on April 16, 2007 in case number 2:07-bk-01693. As a direct result of that bankruptcy petition, there now exists an automatic stay of proceedings against Respondent pursuant to U.S.C. §362(a). The hearing in this matter is tentatively scheduled to convene June 20, 2007. This tribunal takes administrative notice of Respondent’s bankruptcy petition and its effect on any matter involving Respondent including 07F-A0257-ROC. Based on the above, and good cause appearing, IT IS ORDERED that the above-entitled case is VACATED from the calendar of the Office of Administrative Hearings and remanded to the Registrar of Contractors; IT IS FURTHER ORDERED that the hearing set to commence June 20, 2007 at 8:15 a.m. be and hereby is VACATED; and, IT IS RECOMMENDED that the Citation in Case No. A07-0257, together with the Complaint upon which it is based, shall be closed unless and until Complainants file a notice with the Registrar of Contractors that they have obtained relief from the aforesaid automatic stay in Bankruptcy Court. Done this day, April 24, 2007.

________________________ Brian E. Smith Administrative Law Judge

Copy mailed this ____ day of ______________, 2007 to:

Fidelis V. Garcia, Director Registrar of Contractors Legal Department 800 West Washington, 6th Floor Phoenix, AZ 85007

B and W Fire Systems LLC 6540 E. 2nd St. Prescott Valley, AZ 86314

Townsend Construction Inc. 6711 Corsair Ave. Prescott, AZ 86301

J. Jeffrey Coughlin, Esq. Boyle Pecharich Cline & Whittington PLLC 125 N. Granite St. Prescott, AZ 86301-3001

By ___________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826