VACATE

98F-M1215-ROC-rhg · Registrar of Contractors · 1999-06-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In checking the Registrar of Contractor’s records before the rehearing in this matter, the undersigned found that Respondent had filed for protection under Chapter 7 of the United States Bankruptcy Code on April 12, 1999, the day before the order setting a continued hearing in this matter, which bankruptcy has been designated Case No. 99-04035.[1] Apparently, Respondent had informed the Registrar but not the Office of Administrative Hearings or Complainant about the pendency of the Bankruptcy Petition. Because it appears that Complainant’s sole avenue of relief presently lies in the Bankruptcy Court, under A.A.C. R2-19-111(4), IT IS ORDERED vacating the hearing scheduled for June 29, 1999 at 9:00 a.m. IT IS FURTHER ORDERED that this matter be remanded to the Registrar with the recommendation that it be closed pending receipt of an order from the Bankruptcy Court lifting the stay to allow this rehearing to proceed. Done this day, June 28, 1999.

_________________________________ Diane Mihalsky Administrative Law Judge

Copy transmitted via facsimile and U.S. mail this _____ day of June, 1999, to:

Brockelman & Brodman P.L.C. Roger E. Brodman, Esq. Two North Central Ave Suite 1750 Phoenix, Arizona 85004 Facsimile: (602) 307-5690

Copy transmitted via U.S. mail this _____ day of June, 1999, to:

Michael P. Goldwater, Director Registrar of Contractors 800 West Washington, 6th Floor Phoenix, AZ 85007 ATTN: Joyce Armijo

Registrar of Contractors Van Bagley 2222 S. Dobson Rd., Suite 101 Mesa, AZ 85202-6483

Beverly Barganski 5845 E. Melody Dr. Higley, AZ 85236

Cole Contracting Kelton Cole 1631 West Maddock Phoenix, AZ 85027

By _______________________________

----------------------- [1] For Complainant’s attorney’s information, Respondent’s attorney in the bankruptcy is Nicholas Clark, (602) 266-1212. The first meeting of creditors was held on May 24, 1999, although Respondent and his wife claim no assets according to bankruptcy court records. In any event, the automatic stay is currently in effect, which will prevent a rehearing from being held unless and until Complainant obtains an order lifting the automatic stay.

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