Vacate

2010A-308472963-ROC · Registrar of Contractors · 2010-12-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing was commenced on December 7, 2010 on Complainant Buena Vista Plumbing, L.L.C.’s complaint for non-payment against Respondent D J Williamson Enterprises, Inc. Although Respondent did not appear at the hearing, Complainant’s representative informed the Administrative Law Judge that he had researched Respondent’s status and discovered that on October 19, 2010, Respondent had filed for protection under Chapter 11 of the United States Bankruptcy Code in Case No. 4:10-bk-33540-EWH in the United States Bankruptcy Court for the District of Arizona in Tucson and had listed Complainant as a creditor. The Office of Administrative Hearings’ staff verified Respondent’s bankruptcy filing and determined that as of the date of the hearing, the bankruptcy case was still pending. Because it appears that Complainant’s claim is subject to the automatic stay imposed by Respondent’s bankruptcy, IT IS ORDERED vacating the remainder of the hearing on the merits that had been scheduled in this matter. If Respondent’s debt to Complainant ultimately is not discharged in Respondent’s bankruptcy, Complainant may request that the Registrar reopen the complaint. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(3) to the Director of the Arizona Registrar of Contractors with the recommendation that it be closed due to Respondent’s bankruptcy. Done this day, December 20, 2010.

_________________________________ Diane Mihalsky Administrative Law Judge Copy transmitted by mail this _____ day of December, 2010 to:

William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

John Hopper, Credit Manager Buena Vista Plumbing, L.L.C. 918 S. Highway 92 Sierra Vista, AZ 85635-4331

D J Williamson Enterprises, Inc. 12441 E. Camino Del Garanon Tucson, AZ 85747-9729

By _______________________________ -----------------------

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