Vacate
09F-H0207-ROC · Registrar of Contractors · 2009-09-14
STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|ERIC FAYER AND | | | |TERA FAYER | | | | | | | | | | | |COMPLAINANTS, | |No. 09F-H0207-ROC | |-v- | | | | | |ORDER VACATING | |License No. 209358, Class B- | |HEARING | |MAIN CONSTRUCTION AND LANDSCAPES L | | | |L C (LLC) | | | | | | | | | | | |RESPONDENT. | | | | | | |
On September 11, 2009, the Office of Administrative Hearings received a copy of a Notice of Bankruptcy Case Filing and attendant documents (“Notice”) which indicated that Respondent filed a petition for Chapter 11 bankruptcy protection on August 17, 2009, in case number 0:09-bk-19712-RJH which was assigned to the Honorable Randolph J. Haines. 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 scheduled to convene via videoconference on September 29, 2009. This tribunal takes administrative notice of Respondent’s bankruptcy petition and its effect on any matter involving Respondent including 09F-H0207-ROC. Based on the above, and good cause appearing, IT IS ORDERED that the above-entitled case is VACATED form 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 September 29, 2009, at 1:15 p.m. be and hereby is VACATED; and, IT IS RECOMMENDED that the Citation in Case No. H09-0207, together with the Complaint upon which it is based, shall be closed unless and until Complainant files a notice with the Registrar of Contractors that they have obtained relief from the aforesaid automatic stay in Bankruptcy Court. Done this day, September 14, 2009.
_____________________ Brian E. Smith Administrative Law Judge
Copy mailed this ____ day of ______________, 2009 to:
William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012
Eric and Tera Fayer 3159 Courtney Ave. Kingman, AZ 86401
Main Construction and Landscape L L C 3421 Harrison St. Kingman, AZ 86402-3051
By ___________________________ -----------------------
Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826