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01/13/2015 431
(1 pg) Order Denying, as Moot, Motion to Strike Letter Filed January 5, 2015 (Docket No. 425) (related document(s):429 Motion to Strike). (pt) (Entered: 01/13/2015)
This matter comes before the Court on Simon E. Rodriguez, Chapter 7 Trustee of the
bankruptcy estate of United Western Bancorp, Inc.’s Motion to Strike Letter Filed January 5,
2015 (Docket No. 425). Having reviewed the motion and being advised in the premises, it is
hereby
ORDERED that Simon E. Rodriguez, Chapter 7 Trustee of the bankruptcy estate of
United Western Bancorp, Inc.’s Motion to Strike Letter Filed January 5, 2015 (Docket No. 425)
is DENIED as having been mooted by the Court's January 12, 2015 Notice of Deficient Filing
(Docket No. 429).
DATED: BY THE COURT:
UNITED STATES BANKRUPTCY JUDGE
_________________________________________________________
01/12/2015 430
(1 pg) Notice of Deficient filing (related document(s)425 Document). (pt) (Entered: 01/12/2015)
_________________________________________________________
01/12/2015 429
(4 pgs; 2 docs) Motion to Strike Filed by Kimberley Haines Tyson on behalf of Simon E. Rodriguez (related document(s)425 Document). (Attachments: # 1 Proposed/Unsigned Order) (Tyson, Kimberley) (Entered: 01/12/2015)
Simon E. Rodriguez, Chapter 7 Trustee of the bankruptcy estate of United Western Bancorp, Inc. (the “Trustee”), moves to Strike the letter filed January 5, 2015 (Docket No. 425). In support, the Trustee states as follows:
1. On January 5, 2015, a letter sent by Christopher Bartlein on behalf of himself, Bonnie Bartlein, Kevin Bartlein, Ronald Davis, Brady Johnston, Amy Johnston, Brian A. Beute, David M. Roth, Gary W. Tyner, Barbara G. Tyner, S. Kent Christenberry, Julie A. Dawson, Ted H. Christenberry, Robert J. Barnhart, Delmar J. Plank, Martin Henle and Paul Motta (collectively the “Purported Shareholders”) was filed in this bankruptcy case (the “January 5, 2015 Letter”). The January 5, 2015 Letter was never served on the Trustee or his counsel.
2. A year earlier, on January 10, 2014, the similar group of purported shareholders filed a similar letter (the “January 10, 2014 Letter”). See Docket No. 373. All of the Purported Shareholders except Kevin Bartlein were parties to this earlier letter.
3. In response, on January 14, 2014, the Bankruptcy Court entered its Notice of Deficient Filing. See, Docket No. 374. The Notice of Deficiency advised the January 10, 2014 letter was docketed but was “not in the proper form to obtain court action as required by the Federal Rules of Bankruptcy Procedure and this Court’s Local Rules. (See, Fed.R.Bankr.P. 9013, 9014, and L.B.R. 7001-1, 9004-1 and 9004-2). ABSENT AN ADDITIONAL FILING BY YOU, IN PROPER FORM, THE COURT WILL TAKE NO FURTHER ACTION ON THE DOCUMENT NOTED ABOVE.” (Emphasis original).
4. The January 5, 2015 Letter contains the same deficiencies as the January 10, 2014 Letter. As such, the Court should take no further action on the January 5, 2015 Letter.
5. Even if this Court were to overlook the deficiencies, the January 5, 2015 Letter should be stricken as the Purported Shareholders lack standing in this bankruptcy case. At the outset, none of the Purported Shareholders are creditors. On April 19, 2013, the Trustee filed his Notice of Possible Dividend setting July 23, 2013 as the deadline for filing proofs of claim. Review of the Claims Register demonstrates none of the Purported Shareholders filed proofs of claim in this estate and the deadline for doing so has long since passed. Case:12-13815-ABC Doc#:429 Filed:01/12/15 Entered:01/12/15 14:49:50 Page1 of 3
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6. Further, as the Purported Shareholders themselves admit, they are not parties in interest in this case. The last Monthly Report required to be filed in this case was filed by the debtor-in-possession on March 20, 2013 (Docket No. 268). This was filed shortly before this case was converted from a case under Chapter 11 to a case under Chapter 7 and shows assets totaling $1,092,704.53 and debts totaling $59,125,776.63. As set forth in the various motions to approve filed by the Trustee in this case and as set forth in detail in the First Interim Fee Application, the Trustee’s efforts have resulted in approximately $925,500 being brought in, or to be brought in, to the estate. Review of the Claims Register demonstrates there were 41 claims filed asserting claims totaling $138,185,826.64. Under these circumstances, the Purported Shareholders are simply not parties in interest in this bankruptcy case and, therefore, have no standing to object to the First Interim Fee Application.
7. For the foregoing reasons, the Trustee requests this Court strike the Purported Shareholders’ January 5, 2015 Letter from the Docket in this bankruptcy case.
WHEREFORE, Simon E. Rodriguez, Chapter 7 Trustee of the bankruptcy estate of United Western Bancorp, Inc. (the “Trustee”), requests the Court to enter an Order striking the January 5, 2015 Letter and taking no further action regarding the January 5, 2015 Letter, and for such other and further relief as is just.
Respectfully submitted this 12th day of January, 2015
IRELAND
AI
