ML030150109

Notice of Referral of Appeal to Bankruptcy Appellate Panel

ML030150109
Person / Time
Site:	Diablo Canyon
Issue date:	12/30/2002
From:	Franklin G US Federal Judiciary, Bankruptcy Court, Northern District of California
To:	Office of Nuclear Reactor Regulation, Pacific Gas & Electric Co, Price & Brumfield, LLP
References
01-30923-DM
Download: ML030150109 (4)

Text

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA DEC 3 0 2002

, N A'E y S j,*,4T'.

8 re: Pacific Gas & Electric Company Case no.: #01-30923-DM NOTICE OF REFERRAL OF APPEAL TO BANKRUPTCY APPELLATE PANEL TO ALL PARTIES:

YOU AND EACH OF YOU are hereby notified that the enclosed notice of appeal has been filed by with the Clerk of the Bankruptcy Court. By virtue of the orders of the Judicial Council of the Ninth Circuit and the District Court for this district, the above appeal has been referred to the United States Bankruptcy Appellate Panel of the Ninth Circuit (BAP).

Dated: December 30, 2002 Gloria L. Franklin, Clerk United States Bankruptcy Court By:

Deputy Clerk C01

FILED DEC 3 0 2002 UNITED STATES BANKRUPTCY COURT SAN FRANCISCO, CA PRICE & BRUMFIELD, LLP Robert H. Brumfield, III, Esq, SBN 114467 Kimberly A Ungar, Esq, SBN 200963 Greystone Plaza Building 841 Mohawk Street, Suite 200 Bakersfield, CA 93309

• Telephone No.: (661)323-3400 Fax No (661) 323-3957 Attorneys for Appellant, Santos Gonzalez Herrera 1

2 3

4 5

6 7

8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN TIIE UNITED STATES BANKRUPTCY COURT IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISIONW Bky.No' 01-30923DM ND ELECTRIC COMPANY, Chapteri 1I

oration,

) )

NOTICE OF APPEAL TO THE Debtor BANKRUPTCY APPELLATE PANEL Federal I D. No. 94-0742640 SANTOS GONZALEZ HtERRERA, hereby appeals to the Umted States Bankruplcy Appellate Panel for the Ninth Circuit Court 6f Appeals, the Order of the United States Bankruptcy Court for the Northern Distnct of Califomia entitled Order Denying Motion for Reconsideration of Order Disallowing Claim or Alternatively, to Extend Time to File Proof of Claim filed December 18, 2002, a true and correct copy of which is attached hereto as Exhibit "A".

The parties to the Order appealed from and the names and addresses of their respective attorneys of record are as follows:

Santos Gonzalez Herrera Robert H1 Brmfield, Imf, Esq (114467)

{Appellant)

Price & Brumfield, LLP Greystone Plaza Building 841 Mohawk Street, Suite 200 Bakersfield, California 93309 NOTICE OF APPEAL TO THE BANKRUPTCY APPELLATE PANEL 1

2 3

4 5

6 7

8 9

10 11 8

12 13

'14 wt 15

" 16 17 18 19 20 21 22 23 24 25 26 27 28 Pacific Gas & Electric Company (Respondents)

DATED December 27, 2002 Jenna Whitman, Esq. (215141)

Howard, Rice, Nemerovski, Canady, Falk and Rabhkn Three Embarcadero Center, 7tb Floor San Francisco, CA 94111-4024 Respectfully Submitted, PRICE & BRUMFIELD, LLP Attomeys for Appellant-antos Gonzalez Herrera 2

NOTICE OP APPEAL TOTIE BANKRUPTCY" APPELLATE PAN~EL

• 1

11 i-'

~J 0'.

nZ 0z 0

A-O 0

In re,

PACIFIC GAS A a California corp t//

) )

C)

GARY M. KAPLAN (

JENNA M. WHITMAL HOWARD, RICE, NE FALK & RADKI A Professional Corpora Three Embarcadero Cc San Francisco, Califon Telephone:

415/434 Facsimile:

415/217-.

Attorneys for Debtor ai PACIFIC GAS AND E No. 155530)

(No.215141)

FILED MEROVSKI, (ANADY, atiot 1

nter, 7th Floor nia 94111-4024 vis tAýKlw y

f!Dc**

1600, Me, C

C~k0n 5910 HOWARDRICE id Debtor in Possession RECICALENDAR~b L

LECTRIC COMPANY DEC 2 0 2002 DATES TO BE ENTRED UNITED STATES BANKRUPTCY COURT 1"42 2 -aC NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 1

2 3

4 5

6 7

8 9

10 11 12 I*~

13 G 14 S15 16 17 18 19 20 21 22 23 24 25 26" 27 28 Case No. 0 1-30923 DM I

Chapter 11 Case Date:

Noveniber 7;20620'

.Time.: 9:3 a.m,,

'Place: 235 Pine'Street San Francisco, California Judge: Hon. Dennis Montali ORDER DENYING MOTION FOR RECONSIDERATION OF ORDER DISALLOWING CLAIM OR ALTERNATIVEL-Y. TO EXTEND TIME TO FILE PROOF OF CLAIM At the date and time set forth above, the B3anIýptcy Court held a hearinj on the Motion For Reconsideration Of Order Disallowing Claim Or Alternatively, To Extend Time to Vile'Proof Of Clain (the "Motion"), filed by Santos Gonzalez Herrera (the "Claimant"),

with respect to claim number 12898 (the "Claim") filed b*, the Claimant in the above captioned bankruptcy case. Appearances were as noted in the record.

The Court having considered the Moiion, the, bpposition of Debtor Pacific Gas &

Electric Company and all evidence and arguments presented by the parties, hereby finds as follows for the reasons stated on the record:

ORDER DENYING MOTION FOR RECONSIDERATION OR TO ENLARG1 TIME BY CLABU]fffRA,-.

I-.

I 2

3 4

5 6

7 8

9 10 11 12 13 cvtg 14 15 16

.17 18 19 20 21 22 23 24 25 26 27 28 n)

C-)

I A.

ClAimant has failed to establish adequate basis for reconsideration of the Court's Order On Debtor's Omnibus Objection To Late-Filed Claims (Opposing/Non Appearing Parties) entered June 21, 2002 (Docket No. 8058) with respect to the Claim.

B.

Claimant has failed to establish adequate basis to extend the claims bar date with respect to the Claim.

Based oti the foregoing, IT IS HEREBY ORDERED that the Motion is denied in its entirety.

DATED:

DECi 8 M?

DELNIIS MNTA/LI tHONORABLE DENNIS MONTALI UNITED STATES BANKRUPTCY JUDGE Approved as to form PRICE & BRUMFIELD, LLP Robert H. Brumfield; III, Esq.

Attorneys for Claimant SANTOS GONZALEZ HERRERA WD 120502/1-1419913rmvdw1040205/2 ORDER DENYING MOlION FOR RECONSIDERATION OR TO ENLARGE TIME lBY CLA]htyRI]gfERA

-2 I

ta e-,)-1)f

ý1 In"re PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, Debtor.

Federal Lb.. No. 94-0742640 i

J

1 A.

Claimant has failed to establish adequate basis for reconsideialion of the 2

Courte Order On Debtor's Omnibus Objection To Late-Filed Claims (Opposing/Non 3

Appearling Parties) entered June 21, 2002 (Docket No. 8058) with respect to the Claim.

4 B,

Claimant has failed to establish adequate basis to extend the claims bar date 5

with respect to the Claim.

6 Based on the foregoing, IT IS HEREBY ORDERED that the M6tlon is'denied 7

in its entirety.

9.

DATED:

10 1

HONORABLE DENNIS MONTALI 12 UNITED STATES BANIKRUPTCY JUDGE 13 14 16 Approved as to form:

17 PRICE & BRUMFIELD, LLP "18

.19 By_________________

Robert H. Brumfield, III, Esq.

20 21 Attorneys for Claimant SANTOS GONZALEZ HER.ERA 22 S23 WD 120SO2/.I14199131ý4w1fl40205142 24 25 26 27 28 ORDERDENYING MOTION FOR RECONSIDERATION ORTO NMOE TIMUB B

A ERR.ERA

-2 '

EXHIBITA v'-,

Page.o