18-24865



18-24865 – RAPOWER-3 VOLUNTARY BANKRUPTCY


This bankruptcy petition was filed by RaPower-3 on June 29, 2018.


051

Copy of Final Order By District Court Judge David Nuffer, Re: Appeal on Civil Action Number: 18-cv-00608-DN, Ruling: Order Withdrawing the Reference, Order Dismissing the Case and Order Finding Status Conference Moot. (related document(s):15 Motion for Withdrawal of Reference)

050

Clerk's Notification of Transmittal. District Court Number:18-cv-00608-DN (related document(s):51 Copy of Order District Court re: Withdrawal of Reference). Copies of remaining documents sent electronically to District Court on 08/22/2018

049

Order Granting Motion for Order to Shorten Time (Related Doc # 46)


Unsigned Order (related document(s):29 Pending Order filed by Jeff D. Tuttle). Reason Order Was Unsigned: The Debtor's ex parte motion to continue 341 Meeting was filed less than 7 days prior to the scheduled meeting. See Local Rule 2003-1(c). Counsel may set the matter for hearing with adequate notice to all parties in interest.

048

Notice of Hearing (related document(s):45 Motion to Dismiss Case) Filed by RaPower-3, LLC. Hearing scheduled for 9/4/2018 at 01:00 PM at US Bankruptcy Court. Deadline for filing objections: 8/31/2018. (Tuttle, Jeff)

047

Pending Order (Ex Parte) related documents(s): 46 Motion to Shorten Time Filed by: (Tuttle, Jeff) [Order# 358929]

046

Motion to Shorten Time (related document(s):45 Motion to Dismiss Case filed by Debtor RaPower-3, LLC) Filed by RaPower-3, LLC. (Tuttle, Jeff)

045

Motion to Dismiss Case Filed by RaPower-3, LLC. (Tuttle, Jeff)

044

Objection to (related document(s):24 Motion to Appoint Trustee) Filed by RaPower-3, LLC. (Tuttle, Jeff)

043

Reply Memorandum to (related document(s):18 Motion To Stay Proceedings) Filed by United States of America.

043-1

Gov. Ex. BK0015, excerpt from Injunction Trial Transcript)

042

Reply Memorandum to (related document(s):13 Motion to Dismiss Case, Motion to Convert Case to Chapter 7, Motion to Appoint Trustee) Filed by United States of America. (Moran, Christopher)

041

Objection to (related document(s):13 Motion to Dismiss Case, Motion to Convert Case to Chapter 7, Motion to Appoint Trustee) Filed by Janice Williams

040

Debtor-In-Possession Monthly Financial Report for Filing Period July 2018 Filed by RaPower-3, LLC.

039

USTR's Minute Entry (341) filed by USTR, Trustee/USTR's Recommendation for NO DISMISSAL filed by Trustee/USTR, Statement of United States Trustee Regarding Creditors' Committee: There were too few unsecured creditors willing to serve for the United States Trustee to form a Creditors' Committee Filed by U.S. Trustee.

038

Objection to (related document(s):13 Motion to Dismiss Case, Motion to Convert Case to Chapter 7, Motion to Appoint Trustee) Filed by Reinhold Finkes.

037

Objection to (related document(s):28 Motion to Continue Meeting) Filed by United States of America.# 2 Exhibit Gov. Ex. BK0017, email from Jeff Tuttle)

037-1

Exhibit Gov. Ex. BK0016, email from Erin Healy Gallagher

037-2

Exhibit Gov. Ex. BK0017, email from Jeff Tuttle

036

Objection to (related document(s):13 Motion to Dismiss Case, Motion to Convert Case to Chapter 7, Motion to Appoint Trustee) Filed by Michael Kelly.

035

Objection to (related document(s):13 Motion to Dismiss Case, Motion to Convert Case to Chapter 7, Motion to Appoint Trustee) Filed by Kevin Garfinkle, Steven Garfinkle, William Garfinkle.

034

Objection to (related document(s):13 Motion to Dismiss Case, Motion to Convert Case to Chapter 7, Motion to Appoint Trustee) Filed by Jeanne Holland.

033

Objection to (related document(s):13 Motion to Dismiss Case, Motion to Convert Case to Chapter 7, Motion to Appoint Trustee)

032

The Debtor failed to attend the 11 U.S.C. §341 Meeting of Creditors as required by 11 U.S.C. §343. Therefore, this case appears to fall within the parameters established for automatic dismissal under Local Rule 2003-(1)(a).

031

ORDER AUTHORIZING THE EMPLOYMENT AND RETENTION OF SNELL & WILMER L.L.P. AS GENERAL BANKRUPTCY COUNSEL FOR DEBTOR (Proposed)

030

RAPOWER-3, LLC’S [AMENDED] OMNIBUS RESPONSE TO CREDITOR UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION’S (1) MOTION TO DISMISS BANKRUPTCY PETITION, OR IN THE ALTERNATIVE, CONVERT TO CHAPTER 7, OR APPOINT CHAPTER 11 TRUSTEE [Dkt. No. 13]; (2) MOTION TO WITHDRAW THE REFERENCE [Dkt. No. 15]; and (3) MOTION FOR PARTIAL STAY [Dkt. No. 18]

029

ORDER GRANTING EX PARTE MOTION TO CONTINUE 341 MEETING (Proposed)

028

DEBTOR’S EX PARTE MOTION TO CONTINUE 341 MEETING

027

RAPOWER-3, LLC’S OMNIBUS RESPONSE TO CREDITOR UNITED STATES DEPARTMENT OF JUSTICE, TAX DIVISION’S (1) MOTION TO DISMISS BANKRUPTCY PETITION, OR IN THE ALTERNATIVE, CONVERT TO CHAPTER 7, OR APPOINT CHAPTER 11 TRUSTEE [Dkt. No. 13]; (2) MOTION TO WITHDRAW THE REFERENCE [Dkt. No. 15]; and (3) MOTION FOR PARTIAL STAY [Dkt. No. 18]

026

Creditor Gregory W. Lyman's response to [14] Motion to Dismiss Case filed by Creditor United States of America) of Motion to Dismiss Bankruptcy Petition, or in the Alternative, Convert to Chapter 7, or Appoint Chapter 11 Trustee Filed by United States of America.

025

Certificate of Service Re: Order. (related document(s):22 Order on Application for Order Directing Transmittal of Motion for Withdrawal of Reference to the United States District Court).


Remark. Order transferring District Court Case No. 18-cv-00608-CV to Judge Nuffer, Case No. 18-cv-00608-DN on 8/1/18.

024

UNITED STATES TRUSTEE’S MOTION FOR THE APPOINTMENT OF A CHAPTER 11 TRUSTEE AND MEMORANDUM IN SUPPORT THEREOF

023

Creditor United States Department of Justice, Tax Division's Certificate of Service

023-1

Creditor Matrix

022

Order Granting Application for Order Directing Transmittal of Motion for Withdrawal of Reference to the United States District Court

021

Pending Order (Ex Parte) related documents(s): 17 Transmittal of Withdrawal of Reference (Application)

020

Notice of Hearing (related document(s):9 Application to Employ) Snell & Wilmer Filed by RaPower-3, LLC. Hearing scheduled for 8/14/2018

019

Notice of Hearing (related document(s):18 Motion To Stay Proceedings) and Notice of Motion Filed by United States of America. Hearing scheduled for 9/4/2018 at 01:00 PM at US Bankruptcy Court. Deadline for filing objections: 8/10/2018.

019-1

Creditor Matrix

018

Motion To Stay Proceedings (PARTIAL) Filed by United States of America.

018-1

Exhibit Gov. Ex. BK 0001, Judge Nuffer's Bench Ruling

018-2

Exhibit Gov. Ex. BK 0002, Deseret News Article

018-3

Exhibit Gov. Ex. BK 0003, Defendants' Witness List

018-4

Exhibit Gov. Ex. BK 0015, Trial Tr. 893-896

017

Application for Order Directing Transmittal of Motion for Withdrawal of Reference to the United States District Court (related document(s):15 Motion for Withdrawal of Reference) Filed by United States of America.

017-1

Proposed Order Proposed Order Granting Ex Parte Application to Transmit

016

Notice (related document(s):15 Motion for Withdrawal of Reference filed by Creditor United States of America) of Motion to Withdraw the Reference Filed by United States of America.

016-1

Creditor Matrix

015

Motion for Withdrawal of Reference. Fee Amount: WAIVED. Filed by United States of America.

015-1

Exhibit Gov. Ex. BK 0001, Judge Nuffer's Bench Ruling

015-2

Exhibit Gov. Ex. BK 0002, Deseret News Article

015-3

Exhibit Gov. Ex. BK 0003, Defendants' Witness List

014

Notice (related document(s):13 Motion to Dismiss Case filed by Creditor United States of America) of Motion to Dismiss Bankruptcy Petition, or in the Alternative, Convert to Chapter 7, or Appoint Chapter 11 Trustee Filed by United States of America.

014-1

Appendix A, Creditor Matrix

013

13 Motion to Dismiss Case Filed by United States of America.

013-1

Exhibit Gov. Ex. BK 0001, Judge Nuffer's Bench Ruling

013-2

Exhibit Gov. Ex. BK 0002, Deseret News Article

013-3

Exhibit Gov. Ex. BK 0003, Defendants' Witness List

013-4

Exhibit Gov. Ex. BK0004, Summary of RaPower-3's Gross Receipts

013-5

Exhibit Gov. Ex. BK 0005, Testimony of Amanda Reinken

013-6

Exhibit Gov. Ex. BK 0006, Checks from RaPower-3 to Johnson family

013-7

Exhibit Gov. Ex. BK 0007, Trial Testimony of Neldon Johnson

013-8

Exhibit Gov. Ex. BK0008, Deposition Testimony of Neldon Johnson

013-9

Exhibit Gov. Ex. BK0009, IAS' Interrogatory Responses

013-10

Exhibit Excerpts from Gov. Ex. BK0010

013-11

Exhibit Excerpts from Gov. Ex. BK0011, R. Gregory Shepard's Interrogatory Responses

013-12

Exhibit Gov. Ex. BK0012, Trial Tr. 1296-1306

013-13

Exhibit Gov. Ex. BK0013, RaPower-3's Wells Fargo Bank Statements from Feb. 2017

013-14

Exhibit Gov. Ex. BK0014, Excerpts from RaPower-3 30(b)(6) deposition

012

341 Meeting Notice (see image for details) and BNC Certificate of Service. (related document(s): Notice Meeting of Creditors Chapter 11 & 12). Notice Date 07/14/2018.

011

Statement of Financial Affairs and Schedules Filed by RaPower-3, LLC.

010

Affidavit/Declaration (related document(s):9 Application to Employ) Snell & Wilmer Filed by RaPower-3, LLC.

009

Application to Employ Snell & Wilmer L.L.P. as Attorney Filed by RaPower-3, LLC.

008

Motion Requesting Admission of Attorney Erin Healy Gallagher to Practice Pro Hac Vice for the United States of America. Receipt #: EXEMPT, Fee Amount: $250. Filed by United States of America.

008-1

Exhibit A - Pro Hac Vice Application

008-2

Exhibit B - ECF Registration Form)

007

Support Document (related document(s):1 Voluntary Petition (Chapter 11)) Corporate Resolution Filed by RaPower-3, LLC.

006

Chapter 11 or Chapter 9 Cases Non-Individual: List of Creditors Who Have 20 Largest Unsecured Claims Against You and Are Not Insiders. Filed by RaPower-3, LLC.

005

Disclosure of Compensation of Attorney for Debtor (per BR 2016). Filed by RaPower-3, LLC.

004

Statement of Corporate Ownership filed. Filed by RaPower-3, LLC.

003

Affidavit/Declaration for Non-Individual Debtors. Filed by RaPower-3, LLC.

002

Equity Security Holders. Filed by RaPower-3, LLC.

001

Chapter 11 Voluntary Petition. Filed by RaPower-3, LLC.