PDF copy: ORDER

2023A-00707-CHC-ROC · Registrar of Contractors · 2023-11-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Donald Butler, No. 2023A-00707-CHC-ROC COMPLAINANT, ORDER v. Gentry Estates LLC License No. ROC 278337, RESPONDENT.

The undersigned Administrative Law Judge, having reviewed the documents

OFFICIAL FORM 309A in Case No. 2:23-bk-07344-DPC in United States Bankruptcy Court

for the District of Arizona, as filed October 13, 2023, and provided to the Office of

Administrative Hearings (“OAH”) October 20, 2023, Complainant’s OBJECTION TO

RESPONDENT’S MOTION TO STAY OR CONTINUE, as filed October 20, 2023, and

Respondent’s formal MOTION TO STAY PROCEEDINGS as filed October 24, 2023, makes the

following minute entry:

Respondent’s motion is denied. Per In re Pincombe, 256 B.R. 774 (Bankr. N.D.Ill. 2000), the 11 U.S.C. § 362(a) automatic stay provision does not apply to state police actions because such actions are specifically excluded from the automatic stay by virtue of 11 USC 362(b)(4).1 Thus, Pincombe forecloses application of the stay. There is no liquidation of debt in a workmanship proceeding referred by the Arizona Registrar of Contractors. Therefore, the purpose behind the bankruptcy proceeding is not implicated in the above-captioned matter.

Done this day, November 01, 2023. Office of Administrative Hearings

/s/ Jenna Clark Administrative Law Judge

See also In re Poule, 91 B.R. 83, 88 (B.A.P. 9th Cir. 1988). Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 Transmitted by either mail, e-mail, or facsimile to:

Tom Cole, Director c/o Legal Department Registrar of Contractors 1700 W. Washington St., Ste. 105 Phoenix, AZ 85007 [email redacted]

Gentry Estates LLC, Respondent c/o Clint Shuler, Agent 7907 E. Portobello Ave. Mesa, AZ 85212 [email redacted]

Donald Butler, Complainant c/o Lang & Klain, PC, Counsel for Complainant ATTN: Zachary W. Rosenberg, Esq. 6730 N. Scottsdale Rd., Ste. 101 Scottsdale, AZ 85253 [email redacted] [email redacted] [email redacted]

By: OAH Staff