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 S A'E j,*,4T' y8 ,.

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

• 1 FILED DEC 3 0 2002 11 i-'

UNITED STATES BANKRUPTCY COURT SAN FRANCISCO, CA 1 PRICE & BRUMFIELD, LLP 1 Pacific Gas & Electric Company Jenna Whitman, Esq. (215141)

Robert H. Brumfield, III, Esq, SBN 114467 (Respondents) Howard, Rice, Nemerovski, Canady, 2 Kimberly A Ungar, Esq, SBN 200963 2 Falk and Rabhkn Greystone Plaza Building Three Embarcadero Center, 7tb Floor 3 841 Mohawk Street, Suite 200 3 San Francisco, CA 94111-4024 Bakersfield, CA 93309

• 4 Telephone No.: (661)323-3400 4 DATED December 27, 2002 Respectfully Submitted, Fax No (661) 323-3957 5 5 PRICE & BRUMFIELD, LLP Attorneys for Appellant, Santos Gonzalez Herrera 6 6 7 7 8 8 IN TIIE UNITED STATES BANKRUPTCY COURT Attomeys for Appellant-antos Gonzalez Herrera 9 IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 SAN FRANCISCO DIVISIONW 10 11 In re , Bky.No' 01-30923DM 11 12 PACIFIC GAS AND ELECTRIC COMPANY, 8 12

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a California corp oration, )

Chapteri 1I 13 ) NOTICE OF APPEAL TO THE 13 Debtor BANKRUPTCY APPELLATE PANEL nZ 14 '14 0z 0

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Federal I D. No. 94-0742640 ) wt 15 0 16 " 16 17 SANTOS GONZALEZ HtERRERA, hereby appeals to the Umted States Bankruplcy 17 18 Appellate Panel for the Ninth Circuit Court 6f Appeals, the Order of the United States Bankruptcy 18 19 Court for the Northern Distnct of Califomia entitled Order Denying Motion for Reconsideration of 19 20 Order Disallowing Claim or Alternatively, to Extend Time to File Proof of Claim filed 20 21 December 18, 2002, a true and correct copy of which is attached hereto as Exhibit "A". 21 22 The parties to the Order appealed from and the names and addresses of their respective 22 23 attorneys of record are as follows: 23 24 24 25 Santos Gonzalez Herrera Robert H1Brmfield, Imf, Esq (114467) 25

{Appellant) Price & Brumfield, LLP 26 26 Greystone Plaza Building 27 841 Mohawk Street, Suite 200 27 Bakersfield, California 93309 28 t// 28 2

NOTICE OF APPEAL TO THE BANKRUPTCY APPELLATE PANEL NOTICE OP APPEAL TOTIE BANKRUPTCY" APPELLATE PAN~EL

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I 1 (

GARY M. KAPLAN No. 155530) I A. ClAimant has failed to establish adequate basis for reconsideration of the 2

JENNA M. WHITMAL (No.215141)

HOWARD, RICE, NEMEROVSKI, (ANADY, FILED 2 Court's Order On Debtor's Omnibus Objection To Late-Filed Claims (Opposing/Non FALK & RADKI 3 A Professional Corporaatiot 3 Appearing Parties) entered June 21, 2002 (Docket No. 8058) with respect to the Claim.

Three Embarcadero Ccnter, 7th Floor ' - , B. Claimant has failed to establish adequate basis to extend the claims bar date 4

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4 San Francisco, Califon nia 94111-4024 vis tAýKlw y

Telephone: 415/434 1600, C C~k0n 5 Facsimile: 415/217-.5910 HOWARDRICE 5 with respect to the Claim.

6 Attorneys for Debtor aiid Debtor in Possession RECICALENDAR~b L 6 Based oti the foregoing, IT IS HEREBY ORDERED that the Motion is denied PACIFIC GAS AND ELECTRIC COMPANY DEC 2 0 2002 7 " DATES TOBEENTRED 7 in its entirety.

8 UNITED STATES BANKRUPTCY COURT 1"42 2

-aC 8 DECi 8 M?

9 NORTHERN DISTRICT OF CALIFORNIA 9 DATED:

10 SAN FRANCISCO DIVISION 10 11 DELNIIS MNTA/LI 11 i 12 tHONORABLE DENNIS MONTALI 12 In"re Case No. 0 1-30923 DM UNITED STATES BANKRUPTCY JUDGE I

I*~ 13 PACIFIC GAS AND ELECTRIC * . 13 Chapter 11 Case COMPANY, a California corporation, cvtg 14 G 14

,. Debtor.

S15 Date: Noveniber 7;20620' ""- 15

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

'Place: 235 Pine'Street 16 Approved as to form 16 Federal Lb.. No. 94-0742640 San Francisco, California Judge: Hon. Dennis Montali .17 PRICE & BRUMFIELD, LLP 17 18 18 19 ORDER DENYING MOTION FOR RECONSIDERATION OF ORDER DISALLOWING 19 J CLAIM OR ALTERNATIVEL-Y. TO EXTEND TIME TO FILE PROOF OF CLAIM Robert H. Brumfield; III, Esq.

20 20 21 Attorneys for Claimant 21 At the date and time set forth above, the B3anIýptcy Court held a hearinj on the SANTOS GONZALEZ HERRERA 22 Motion For Reconsideration Of Order Disallowing Claim Or Alternatively, To Extend Time 22 23 to Vile'Proof Of Clain (the "Motion"), filed by Santos Gonzalez Herrera (the "Claimant"), 23 WD 120502/1-1419913rmvdw1040205/2 24 with respect to claim number 12898 (the "Claim") filed b*, the Claimant in the above 24 25 captioned bankruptcy case. Appearances were as noted in the record. 25 26" 26 The Court having considered the Moiion, the,bpposition of Debtor Pacific Gas &

27 Electric Company and all evidence and arguments presented by the parties, hereby finds as 27 28 follows for the reasons stated on the record: 28 ORDER DENYING MOTION FOR RECONSIDERATION OR TO ENLARG1 TIME BY CLABU]fffRA,-. ORDER DENYING MOlION FOR RECONSIDERATION OR TO ENLARGE TIME lBY CLA]htyRI]gfERA

-- I- . - ' -2

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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_________________

20 Robert H. Brumfield, III, Esq.

21 Attorneys for Claimant SANTOS GONZALEZ HER.ERA 22 S23 WD 120SO2/.I14199131ý4w1fl40205142 24 25 26 27 28 B A ERR.ERA ORDERDENYING MOTION FOR RECONSIDERATION ORTO NMOE TIMUB -2' EXHIBITA v'-,

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