18-24865
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18-24865 – RAPOWER-3 VOLUNTARY BANKRUPTCY |
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This bankruptcy petition was filed by RaPower-3 on June 29, 2018.
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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) |
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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 |
Order Granting Motion for Order to Shorten Time (Related Doc # 46) |
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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. |
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) |
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Pending Order (Ex Parte) related documents(s): 46 Motion to Shorten Time Filed by: (Tuttle, Jeff) [Order# 358929] |
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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) |
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Motion to Dismiss Case Filed by RaPower-3, LLC. (Tuttle, Jeff) |
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Objection to (related document(s):24 Motion to Appoint Trustee) Filed by RaPower-3, LLC. (Tuttle, Jeff) |
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Reply Memorandum to (related document(s):18 Motion To Stay Proceedings) Filed by United States of America. |
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Gov. Ex. BK0015, excerpt from Injunction Trial Transcript) |
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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) |
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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 |
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Debtor-In-Possession Monthly Financial Report for Filing Period July 2018 Filed by RaPower-3, LLC. |
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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. |
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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. |
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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) |
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Exhibit Gov. Ex. BK0016, email from Erin Healy Gallagher |
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Exhibit Gov. Ex. BK0017, email from Jeff Tuttle |
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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. |
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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. |
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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. |
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Objection to (related document(s):13 Motion to Dismiss Case, Motion to Convert Case to Chapter 7, Motion to Appoint Trustee) |
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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). |
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ORDER AUTHORIZING THE EMPLOYMENT AND RETENTION OF SNELL & WILMER L.L.P. AS GENERAL BANKRUPTCY COUNSEL FOR DEBTOR (Proposed) |
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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] |
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ORDER GRANTING EX PARTE MOTION TO CONTINUE 341 MEETING (Proposed) |
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DEBTOR’S EX PARTE MOTION TO CONTINUE 341 MEETING |
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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] |
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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. |
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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). |
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Remark. Order transferring District Court Case No. 18-cv-00608-CV to Judge Nuffer, Case No. 18-cv-00608-DN on 8/1/18. |
UNITED STATES TRUSTEE’S MOTION FOR THE APPOINTMENT OF A CHAPTER 11 TRUSTEE AND MEMORANDUM IN SUPPORT THEREOF |
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Creditor United States Department of Justice, Tax Division's Certificate of Service |
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Creditor Matrix |
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Order Granting Application for Order Directing Transmittal of Motion for Withdrawal of Reference to the United States District Court |
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Pending Order (Ex Parte) related documents(s): 17 Transmittal of Withdrawal of Reference (Application) |
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Notice of Hearing (related document(s):9 Application to Employ) Snell & Wilmer Filed by RaPower-3, LLC. Hearing scheduled for 8/14/2018 |
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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. |
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Creditor Matrix |
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Motion To Stay Proceedings (PARTIAL) Filed by United States of America. |
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Exhibit Gov. Ex. BK 0001, Judge Nuffer's Bench Ruling |
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Exhibit Gov. Ex. BK 0002, Deseret News Article |
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Exhibit Gov. Ex. BK 0003, Defendants' Witness List |
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Exhibit Gov. Ex. BK 0015, Trial Tr. 893-896 |
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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. |
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Proposed Order Proposed Order Granting Ex Parte Application to Transmit |
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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. |
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Creditor Matrix |
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Motion for Withdrawal of Reference. Fee Amount: WAIVED. Filed by United States of America. |
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Exhibit Gov. Ex. BK 0001, Judge Nuffer's Bench Ruling |
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Exhibit Gov. Ex. BK 0002, Deseret News Article |
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Exhibit Gov. Ex. BK 0003, Defendants' Witness List |
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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. |
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Appendix A, Creditor Matrix |
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13 Motion to Dismiss Case Filed by United States of America. |
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Exhibit Gov. Ex. BK 0001, Judge Nuffer's Bench Ruling |
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Exhibit Gov. Ex. BK 0002, Deseret News Article |
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Exhibit Gov. Ex. BK 0003, Defendants' Witness List |
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Exhibit Gov. Ex. BK0004, Summary of RaPower-3's Gross Receipts |
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Exhibit Gov. Ex. BK 0005, Testimony of Amanda Reinken |
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Exhibit Gov. Ex. BK 0006, Checks from RaPower-3 to Johnson family |
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Exhibit Gov. Ex. BK 0007, Trial Testimony of Neldon Johnson |
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Exhibit Gov. Ex. BK0008, Deposition Testimony of Neldon Johnson |
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Exhibit Gov. Ex. BK0009, IAS' Interrogatory Responses |
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Exhibit Excerpts from Gov. Ex. BK0010 |
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Exhibit Excerpts from Gov. Ex. BK0011, R. Gregory Shepard's Interrogatory Responses |
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Exhibit Gov. Ex. BK0012, Trial Tr. 1296-1306 |
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Exhibit Gov. Ex. BK0013, RaPower-3's Wells Fargo Bank Statements from Feb. 2017 |
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Exhibit Gov. Ex. BK0014, Excerpts from RaPower-3 30(b)(6) deposition |
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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. |
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Statement of Financial Affairs and Schedules Filed by RaPower-3, LLC. |
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Affidavit/Declaration (related document(s):9 Application to Employ) Snell & Wilmer Filed by RaPower-3, LLC. |
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Application to Employ Snell & Wilmer L.L.P. as Attorney Filed by RaPower-3, LLC. |
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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. |
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Exhibit A - Pro Hac Vice Application |
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Exhibit B - ECF Registration Form) |
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Support Document (related document(s):1 Voluntary Petition (Chapter 11)) Corporate Resolution Filed by RaPower-3, LLC. |
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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. |
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Disclosure of Compensation of Attorney for Debtor (per BR 2016). Filed by RaPower-3, LLC. |
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Statement of Corporate Ownership filed. Filed by RaPower-3, LLC. |
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Affidavit/Declaration for Non-Individual Debtors. Filed by RaPower-3, LLC. |
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Equity Security Holders. Filed by RaPower-3, LLC. |
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Chapter 11 Voluntary Petition. Filed by RaPower-3, LLC. |