CASE NUMBER
2:13-bk-16126
2:13-bk-16126
TYPE / CHAPTER
Voluntary / 11
Voluntary / 11
Docket Entries by Year
There are 784 older docket entries.To see the entire docket, login, subscribe now, or purchase this single case. |
||||
|---|---|---|---|---|
| Dec 29, 2014 | 776 | Response to the Claims Objection filed by PETER NIMMO (related document(s)726 Objection to Claim) (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3). (Snyder, Alisha) (Entered: 12/29/2014) | ||
| Dec 29, 2014 | 777 | Response to the Claims Objection filed by PETER NIMMO (related document(s)726 Objection to Claim) (Attachments: # 1 Exhibit 2 # 2 Exhibit 3). (Snyder, Alisha) (Entered: 12/29/2014) | ||
| Dec 31, 2014 | 778 | ORDER Extending Exclusive Period Within Which The Debtors May File A Chapter 11 Plan And Solicit Acceptances Thereof (Related Doc # 774) signed on 12/31/2014 . (Johnson, Christina) (Entered: 12/31/2014) | ||
| Dec 31, 2014 | 779 | Affidavit of Service re 1) Order Granting Third Application of Parker Schwartz, PLLC for Interim Compensation of Attorney Fees and Expenses for March 1, 2014 through October 31, 2014 2) Notice of Filing of the (1) Debtors' First Amended Joint Chapter 11 Plan of Reorganization; (2) Revised Proposed Confirmation Order; (3) Certain Revised Plan Supplement Documents; and (4) Blacklines of Each of the Foregoing filed by EVAN JON GERSHBEIN of KURTZMAN CARSON CONSULTANTS on behalf of Kurtzman Carson Consultants. (related document(s)769 Order on Application for Attorney or Other Professional Compensation, 770 Notice of Filing) (GERSHBEIN, EVAN) (Entered: 12/31/2014) | ||
| Dec 31, 2014 | 780 | Affidavit of Service re 1) Stipulation and Order Extending Exclusive Period Within Which the Debtors May File a Chapter 11 Plan and Solicit Acceptances Thereof 2) Notice of Stipulation and Order Extending the Exclusive Period Within Which the Debtors May File a Chapter 11 Plan and Solicit Acceptances Thereof filed by EVAN JON GERSHBEIN of KURTZMAN CARSON CONSULTANTS on behalf of Kurtzman Carson Consultants. (related document(s)774 Motion to Extend, 775 Notice of Filing) (GERSHBEIN, EVAN) (Entered: 12/31/2014) | ||
| Dec 31, 2014 | 782 | Notice (related document(s)692 Disclosure Statement, 693 Chapter 11 Plan) Debtors' Joint Chapter 11 Plan of Reorganization contains broad releases of i) claims held by a non-debtor third party against another non-debtor third party (third party releases) and ii) claims held by the debtors or non-debtor third parties against professionals and other fiduciaries of the bankruptcy estate, such as directors and officers of the debtors (exculpations). Debtors' Ballot, at item number 3, contained an "opt out" permitting creditors to elect not to be bound by any grant of third party releases. Approximately 26 creditors opted out of the third-party release provisions. The United States Trustee objected to confirmation, arguing that the release and exculpation provisions are contrary to the Bankruptcy Code and Ninth Circuit authority. See Resorts Intl., Inc. v. Lowenschuss (In re Lowenschuss), 67 F.3d 1394 (9th Cir. 1995), cert. denied, 517 U.S. 1243, 116 S. Ct. 2497, 135 L. Ed. 2d 189 (1996). Bankruptcy Code Section 105(a) grants a court broad equitable power to issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title. 11 U.S.C §105; 28 U.S.C. §1334(b). Section 105(a) can only be exercised within the confines of the Bankruptcy Code. It does not authorize the bankruptcy courts to create substantive rights that are otherwise unavailable under applicable law, or constitute a roving commission to do equity. In re Saxman, 325 F.3d 1168, 1175 (9th Cir. 2003) (quoting United States v. Sutton, 786 F.2d 1305, 1308 (5th Cir. 1986)). Section 524 restricts the broad equitable authority that §105(a) confers on the court; §524(e) specifically states, discharge of a debt of the debtor does not affect the liability of any other entity on, or the property of any other entity for, such debt. Thus, §524(e) precludes bankruptcy courts from discharging the liabilities of non-debtors and this court cannot confirm the Joint Plan with the third party releases. Further, in addition to being contrary to established Circuit authority, the court further finds that in this case, such releases are not fair and not necessary for reorganization. With respect to the exculpations, they are similarly overbroad as, among other things, they exceed the scope of the statutory quasi-immunity afforded members of the official committee under § 1103(c). For these reasons, the court declines to exercise any authority it may have to confirm a chapter 11 plan that includes the broad releases and exculpations. The court finds that the proposed releases, injunction and exculpation clauses are provisions severable from the Joint Plan. The court therefore severs these issues from the other confirmation issues so that the court may confirm the Joint Plan. As more fully set forth in the Findings of Fact, Conclusions of Law and Order (A) Approving the Debtors Disclosure Statement on a final basis and (B) Confirming the Debtors Joint Chapter 11 Plan of Reorganization, each of the other criteria under the Bankruptcy Code for confirmation of the Joint Plan has been satisfied and the court will therefore enter an order confirming the Joint Plan, reserving authority to modify the confirmation order with respect to the proposed releases, injunction and exculpation. (Entered: 12/31/2014) | ||
| Dec 31, 2014 | 783 | ORDER Confirming Chapter 11 Plan signed on 12/31/2014 (related document(s)692 Disclosure Statement, 693 Chapter 11 Plan) . (Wanslee, Madeleine) (Entered: 12/31/2014) | ||
| Dec 31, 2014 | 784 | Supplemental Affidavit of Service re Notice of Filing of First Supplement to Plan Supplement to Debtors' Joint Chapter 11 Plan of Reorganization filed by EVAN JON GERSHBEIN of KURTZMAN CARSON CONSULTANTS on behalf of Kurtzman Carson Consultants. (related document(s)723 Notice of Filing) (GERSHBEIN, EVAN) (Entered: 12/31/2014) | ||
| Dec 31, 2014 | 785 | Supplemental Affidavit of Service re Notice of Filing of First Supplement to Plan Supplement to Debtors' Joint Chapter 11 Plan of Reorganization filed by EVAN JON GERSHBEIN of KURTZMAN CARSON CONSULTANTS on behalf of Kurtzman Carson Consultants. (related document(s)723 Notice of Filing) (GERSHBEIN, EVAN) (Entered: 12/31/2014) | ||
| Jan 6, 2015 | 786 | Supplemental Affidavit of Service re Notice of Filing of First Supplement to Plan Supplement to Debtors' Joint Chapter 11 Plan of Reorganization filed by EVAN JON GERSHBEIN of KURTZMAN CARSON CONSULTANTS on behalf of Kurtzman Carson Consultants. (related document(s)723 Notice of Filing) (GERSHBEIN, EVAN) (Entered: 01/06/2015) | ||
| Show 10 more entries Loading... | ||||
| Jan 22, 2015 | 797 | Notice of Withdrawal of Appearance and Request to be Removed from Mailing List and ECF Notification filed by ROBERT A. SHULL of DICKINSON WRIGHT/MARISCAL WEEKS on behalf of CISCO SYSTEMS CAPITAL CORPORATION.(SHULL, ROBERT) (Entered: 01/22/2015) | ||
| Jan 23, 2015 | 798 |
Minutes of Hearing held on: 01/22/2015 Subject: POST-CONFIRMATION STATUS HEARING REGARDING AN AMENDED CONFIRMATION ORDER. (ALL PARTIES ARE PERMITTED TO APPEAR BY PHONE FOR THIS HEARING) AND EXPEDITED STATUS HEARING ON THE MOTION TO SET ASIDE THE CONFIRMATION ORDER. (vCal Hearing ID (1291812)). (related document(s) 782 , 791) Hearing on Motion set for 02/18/2015 at 10:00 AM at 230 N. First Ave., 7th Floor, Courtroom 702, Phoenix, AZ (MCW) (Johnson, Christina) (Entered: 01/23/2015) |
||
| Jan 23, 2015 | 799 | PDF with attached Audio File. Court Date & Time [ 01/22/2015 03:00 PM ]. File Size [ 28,958 KB ]. Run Time [ 01:01:46 ]. (vCal Hearing ID (1291812)).(Radicke, Michelle). (Entered: 01/23/2015) | ||
| Jan 23, 2015 | 800 | Deficiency Memo (related document(s)797 Notice of Withdrawal) (Zachreson, Bob) (Entered: 01/23/2015) | ||
| Jan 26, 2015 | 801 | Transcript of Hearing or Trial on, 1/22/2015, and Notice of Filing Transcript and Opportunity to Request Redaction of Personal Data Identifiers. Pursuant to Judicial Conference Policy, the transcript will not be electronically available for 90 days from the date of filing of the transcript. During this 90 day period, copies of the transcript may be purchased from the transcription service AV Tranz. The transcript may also be viewed, but not printed, at the public terminals at the office of the clerk. (related document(s)798 Minute Entry) Transcript access will be restricted through 4/27/2015. (Radicke, Michelle) (Entered: 01/26/2015) | ||
| Jan 26, 2015 | 802 | Supplemental Affidavit of Service re 1) Stipulation and Order Extending Exclusive Period Within Which the Debtors May File a Chapter 11 Plan and Solicit Acceptances Thereof 2) Notice of Stipulation and Order Extending the Exclusive Period Within Which the Debtors May File a Chapter 11 Plan and Solicit Acceptances Thereof filed by EVAN JON GERSHBEIN of KURTZMAN CARSON CONSULTANTS on behalf of Kurtzman Carson Consultants. (related document(s)774 Motion to Extend, 775 Notice of Filing) (GERSHBEIN, EVAN) (Entered: 01/26/2015) | ||
| Jan 28, 2015 | 803 | BNC Certificate of Notice (related document(s)801 Transcript and Notice of Filing) (Admin.) (Entered: 01/28/2015) | ||
| Jan 30, 2015 | 804 | Motion to Strike The Committee's Motion to Set Aside Confirmation Order Pursuant to Bankruptcy Rule 9024 filed by JESSICA KENNEY BONTEQUE of ANDANTE LAW GROUP, PLLC on behalf of BLINK UYA, LLC (related document(s)790 Motion to Set Aside). (BONTEQUE, JESSICA) (Entered: 01/30/2015) | ||
| Jan 30, 2015 | 805 | Motion to Accelerate/Expedite MOTION FOR EXPEDITED HEARING ON MOTION TO STRIKE THE COMMITTEE'S MOTION TO SET ASIDE CONFIRMATION ORDER PURSUANT TO BANKRUPTCY RULE 9024 AND NOTICE OF LODGING ORDER SETTING EXPEDITED HEARING filed by JESSICA KENNEY BONTEQUE of ANDANTE LAW GROUP, PLLC on behalf of BLINK UYA, LLC (related document(s)804 Motion to Strike) (Attachments: # 1 Exhibit A). (BONTEQUE, JESSICA) (Entered: 01/30/2015) | ||
| Feb 2, 2015 | Adversary case 2:15-ap-00076. Adversary Proceeding Opened. (JOHNSEN, CAROLYN) (Entered: 02/02/2015) | |||
There are 10 newer docket entries.To see the entire docket, login, subscribe now, or purchase this single case. |
||||
This case is closed and is no longer being updated.
Electric Transportation Engineering Corporation
430 S. 2nd Ave.
Phoenix, AZ 85003
MARICOPA-AZ
Tax ID / EIN: xx-xxx4755
dba ECOtality North America
dba ETEC
dba eTec
dba ETEC Electrical Infrastructure
EDWIN P. LEE
PARKER SCHWARTZ PLLC
7310 N. 16th Street, Suite 330
Phoenix, AZ 85020
602-282-0477
Fax : 602-282-0478
Email: nlee@psazlaw.com
JARED G. PARKER
PARKER SCHWARTZ, PLLC
7310 N 16TH ST STE. 330
PHOENIX, AZ 85020
602-282-0477
Fax : 602-282-0478
Email: jparker@psazlaw.com
U.S. TRUSTEE
OFFICE OF THE U.S. TRUSTEE
230 NORTH FIRST AVENUE
SUITE 204
PHOENIX, AZ 85003
ELIZABETH C. AMOROSI
OFFICE OF THE U.S. TRUSTEE
230 N. 1ST AVENUE, SUITE 204
PHOENIX, AZ 85003
602-682-2600
Fax : 602-514-7270
EDWARD K. BERNATAVICIUS
UNITED STATES TRUSTEE
230 N 1ST AVE, SUITE 204
PHOENIX, AZ 85003
602-682-2600
Fax : 602-514-7270
Email: edward.k.bernatavicius@usdoj.gov
TERMINATED: 09/17/2013
| Date Filed | Name = parent case |
Chapter | Case # |
|---|---|---|---|
| Mar 5 |
JAZI KAT 4659 ROCKRIDGE, LLC
|
11V | 2:2024bk01627 |
| Mar 5 | JAZI KAT, LLC | 11V | 2:2024bk01626 |
| Oct 13, 2021 | POLK AZ LLC | 11 | 2:2021bk07693 |
| Apr 16, 2021 | ALL YEAR ROUND, LLC | 7 | 2:2021bk02855 |
| Dec 2, 2020 | PARK SEVEN HOLDINGS, LLC | 11V | 2:2020bk13014 |
| Feb 6, 2020 | BUILDERS ENVIRO SERVICES, INC. | 7 | 2:2020bk01264 |
| Feb 25, 2019 | DESERT BEAR VENTURES & INVESTMENT INC | 11 | 2:2019bk01962 |
| Jan 17, 2019 | HINES POINT, LLC | 11 | 2:2019bk00544 |
| Jul 12, 2018 | PARKER CONCRETE, INC | 11 | 2:2018bk08227 |
| Jul 5, 2018 | UTILITY PRODUCTS OF ARIZONA, INC. | 7 | 2:2018bk07940 |
| Dec 27, 2017 | Rio Pozo, LLC | 11 | 2:2017bk15149 |
| Aug 26, 2016 | MOSES, INC. | 11 | 2:16-bk-09889 |
| Sep 16, 2013 | The Clarity Group, Inc. | 11 | 2:13-bk-16130 |
| Sep 16, 2013 | ETEC North, LLC | 11 | 2:13-bk-16129 |
| Mar 12, 2012 | Tommy Constantine | 11 | 2:12-bk-04842 |
