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September 7, 2007 Motion to Vacate
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Filing Date
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SN
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Docket Text
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09/05/2007
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019
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3140 Motion to Vacate Conversion Order and Sales Order Level Propane Going Concern Assets Filed by Stockholder William Maloof (Attachments: # 1 Exhibit Himmelman Deposition Extract# 2 Exhibit Forebearance Agreement# 3 Exhibit Affidavit of Timothy Conklin# 4 Exhibit Agreed Conversion Order# 5 Exhibit Email Regarding Newmarket Budget Changes# 6 Exhibit Patrick Tighe Deposition# 7 Exhibit Sues email# 8 Exhibit Arena Affidavit# 9 Exhibit Anter-Brandt Email Exchange# 10 Exhibit Arena Statement Regarding Modi# 11 Exhibit Statement of Jeff Kessler# 12 Exhibit Blair-Anter Email Exchange# 13 Exhibit Blair-Anter Email regarding Post Office Pick-up Duty# 14 Exhibit Blair Back to Montana -- emal# 15 Exhibit Hardin Email Regarding Out-of-Gas Customers# 16 Exhibit Customer Tank Database Protocol# 17 Exhibit Customer Tank Shortfalls -- Email Exchange# 18 Exhibit Samantha Whitesel Statement# 19 Exhibit Arena Statement -- Tank Recovery Committee# 20 Exhibit Anthony Pressly Statement# 21 Exhibit Jonathan Caldwell Statement# 22 Exhibit Sues-Marwil Email Exchange Regarding Tank Database# 23 Exhibit Kirk Beck Statement Regarding Corporate Records Bonfire# 24 Exhibit Leah Foster Statement Regarding Angart Shredding# 25 Exhibit Arena Statement Regarding Customer Records Library# 26 Exhibit John Verbos Deposition -- Extract# 27 Exhibit Customer Ticket -- 1# 28 Exhibit No. 29 Star Gas Due Diligence# 29 Exhibit No. 30 Star Gas Will Not Bid# 30 Exhibit No 31 -- Joseph Gowan Regarding Employees Forbidden to Converse With William Maloof) (Eisler, David aty) (Entered: 09/05/2007)
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09/08/2007
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020
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3141 Amended Motion by Interlineation (Motion to Vacate Conversion Order and Sale Order of Level Propane Going Concern Assets) Filed by Stockholder William Maloof (related documents 3140 Motion to Vacate,,,,,, ) (Eisler, David aty) (Entered: 09/08/2007)
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09/12/2007
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021
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3144 Motion to Strike by Debtors, Pursuant to Local Rule 9013-2(a), William H. Maloof's Motion to Vacate Conversion Order of June 11, 2002 and Sale Order of Level Propane Going-Concern Assets of June 27, 2003 Filed by Debtor Level Propane Gases, Inc. (related documents 3140 Motion to Vacate,,,,,, ) (Phillips, Mark aty) (Entered: 09/12/2007)
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09/13/2007
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022
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3146 (AMENDED) Motion to Vacate Agreed Conversion Order of June 11, 2002 and Sale Order of Level Propane Going-Concern Assets of June 27, 2003 Filed by Stockholder William Maloof (Attachments: # 1 Appendix A -- Summary of the Scheme# 2 Appendix B -- Discovery of the Evidence# 3 Appendix Officers of the Court and Their Conduct# 4 Appendix D -- Breaches of Duty Resulting in Fraud Upon the Court# 5 Exhibit Himmelman Deposition Extract# 6 Exhibit Forebearance Agreement# 7 Exhibit Affidavit of Timothy Conklin# 8 Exhibit Agreed Conversion Order# 9 Exhibit Email Regarding Newmarket Budget Changes# 10 Exhibit Patrick Tighe Deposition -- Extract# 11 Exhibit Sues Email# 12 Exhibit Arena Affidavit# 13 Exhibit Anter-Brandt Email exchange# 14 Exhibit Arena Statement Regarding "MODI" data system# 15 Exhibit Statement of Jeff Kessler# 16 Exhibit Blair-Anter Email Exchange# 17 Exhibit Blair-Anter Email Exchange Regarding Post-Office Pick-Up Duty# 18 Exhibit Blair's Return to Montana -- email# 19 Exhibit Hardin Email Regarding Out-of-Gas Customers# 20 Exhibit Email -- Customer Tank Database Protocol# 21 Exhibit Customer Tank Shortfalls -- Email Exchanges# 22 Exhibit Statement of Samantha Whitesel# 23 Exhibit Statement of Suzanne Arena -- Tank Recovery Committee# 24 Exhibit Statement of Anthony Pressly# 25 Exhibit Statement of Jonathan Caldwell# 26 Exhibit Sues-Marwill Email Exchange Regarding Tank Database# 27 Exhibit Statement of Kirk Beck Regarding Bonfire of Corporate Records# 28 Exhibit Statement of Suzanne Arena Regarding Hidden Database# 29 Exhibit John Verbos Deposition Extract (marked Ex 26)# 30 Exhibit Customer Ticket (marked Ex 28)# 31 Exhibit Email Exchanges Regarding Star Gas Due Diligence in April, 2003# 32 Exhibit Email Regarding Star Gas Declining to Bid# 33 Exhibit Statement of Joseph Gowan -- Employees Forbidden to Communicate with Maloof) (Eisler, David aty) Modified on 9/13/2007 (dhutc, ). (Entered: 09/13/2007)
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09/24/2007
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023
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3152 Motion to Strike Appendices Attached to William H. Maloof's Amended Motion to Vacate Conversion Order of June 11, 2002 and Sale Order of Level Propane Going-Concern Assets of June 27, 2003 Filed by Debtor Level Propane Gases, Inc. (related documents 3146 Motion to Vacate,,,,,,,, ) (Attachments: # 1 Exibit A) (Phillips, Mark aty) (Entered: 09/24/2007)
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09/24/2007
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024
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3155 Objection to (related document(s): 3146 Motion to Vacate Agreed Conversion Order of June 11, 2002 and Sale Order of Level Propane Going-Concern Assets of June 27, 2003 filed by Stockholder William Maloof) Filed by Level Propane Gases, Inc. (related documents 3146 Motion to Vacate,,,,,,,, ) (Attachments: # 1 Exhibit A) (Laven, Stuart aty) (Entered: 09/24/2007)
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10/06/2007
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025
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3158 Motion to Vacate -- Second Amended -- Agreed Order of June 11, 2002 and Sale Order of June 27, 2003 Filed by Stockholder William Maloof (Attachments: # 1 Appendix Answer and Amended Counter Claim -- WHM Emprises Inc., et al. v. Maloof, Adv. Pro. Case No. 07-01278# 2 Exhibit Himmelman Deposition Extract# 3 Exhibit Forbearance Agreement# 4 Exhibit Affidavit of Timothy Conklin# 5 Exhibit Agreed Conversion Agreement# 6 Exhibit email regarding Newmarket Budget# 7 Exhibit Patrick Tighe Deposition Extract# 8 Exhibit Arena Statement# 9 Exhibit Anter-Brandt email exchange# 10 Exhibit Arena Statement -- MODI# 11 Exhibit Kessler Statement# 12 Exhibit Blair-Anter email exchange# 13 Exhibit Blair-Anter email exchange -- post office assignment# 14 Exhibit Blair Back to Montana -- email# 15 Exhibit Hardin email re: out of gas customers# 16 Exhibit email regarding customer shortfalls# 17 Exhibit Samantha Whitesal Statement# 18 Exhibit Arena Statement -- Tank Recovery Committee# 19 Exhibit Anthony Pressly Statement# 20 Exhibit Jonathan Caldwell Statement# 21 Exhibit Sues-Marwill email exchange# 22 Exhibit Kirk Beck Statement -- Bonfire# 23 Exhibit Leah Foster Statement re: Angart Shredding# 24 Exhibit Verbos Deposition Extract# 25 Exhibit email -- Star Gas due diligence# 26 Exhibit email -- Star Gas will not bid# 27 Exhibit Joe Gowan Statement# 28 Exhibit customer delivery ticket and screen) (Eisler, David aty) (Entered: 10/06/2007)
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10/06/2007
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026
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3159 Objection to (related document(s): 3152 Motion to Strike Appendices Attached to William H. Maloof's Amended Motion to Vacate Conversion Order of June 11, 2002 and Sale Order of Level Propane Going-Concern Assets of June 27, 2003 filed by Debtor Level Propane Gases, Inc.) Filed by William Maloof (related documents 3152 Strike, Motion to, ) (Eisler, David aty) (Entered: 10/06/2007)
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10/09/2007
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027
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3160 Objection to (related document(s): 3158 Motion to Vacate -- Second Amended -- Agreed Order of June 11, 2002 and Sale Order of June 27, 2003 filed by Stockholder William Maloof) Filed by Level Propane Gases, Inc. (related documents 3158 Motion to Vacate,,,,, ) (Laven, Stuart aty) (Entered: 10/09/2007)
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10/11/2007
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028
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3165 Motion to Vacate CONVERSION ORDER OF JUNE 11, 2002 AND SALE ORDER OF LEVEL PROPANE GOING-CONCERN ASSETS OF JUNE 27, 2003 PURSUANT TO R. 60(b)(6)WITH REQUEST FOR EVIDENTIARY HEARING AND LEAVE TO CONTROVERT INVOLUNTARY CHAPTER 7 PETITION OF JUNE 6, 2002 -- THIRD AMENDED Filed by Stockholder William Maloof (Attachments: # 1 Appendix Officers of the Court and Their Conduct# 2 Exhibit Himmelman Deposition Extract# 3 Exhibit Forbearance Agreement# 4 Exhibit Affidavit of Timothy Conklin# 5 Exhibit Agreed Conversion Order# 6 Exhibit email regarding Newmarket budget# 7 Exhibit Patrick Tighe Deposition Extract# 8 Exhibit Arena Statement# 9 Exhibit Anter-Brandt email# 10 Exhibit Arena Statement -- MODI# 11 Exhibit Jeff Kessler Statement# 12 Exhibit Blair-Anter email exchange# 13 Exhibit Blair-Anter email exchange - post office assignment# 14 Exhibit Blair Return to Montana -- email# 15 Exhibit Hardin email regarding out-of-gas customers# 16 Exhibit customer tank database protocol# 17 Exhibit email -- customer tank shortfall# 18 Exhibit Samantha Whitesal Statement# 19 Exhibit Arena Statement -- Tank Recovery Committee# 20 Exhibit Anthony Pressly Statement# 21 Exhibit Jonathon Caldwell Statement# 22 Exhibit Sues-Marwill email exchange# 23 Exhibit Kirk Beck Statement# 24 Exhibit Leah Foster Statement Re Angart# 25 Exhibit John Verbos Deposition Statement# 26 Exhibit Star Gas Due Diligence# 27 Exhibit Email -- Star Gas Will Not Bid# 28 Exhibit Joe Gowan Statement# 29 Exhibit Customer Ticket and Screen) (Eisler, David aty) (Entered: 10/11/2007)
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10/15/2007
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3174 Objection to (related document(s): 3165 Motion to Vacate CONVERSION ORDER OF JUNE 11, 2002 AND SALE ORDER OF LEVEL PROPANE GOING-CONCERN ASSETS OF JUNE 27, 2003 PURSUANT TO R. 60(b)(6)WITH REQUEST FOR EVIDENTIARY HEARING AND LEAVE TO CONTROVERT INVOLUNTARY CHAPTER 7 PETITION OF JUNE 6, 2 filed by Stockholder William Maloof) Filed by Level Propane Gases, Inc. (related documents 3165 Motion to Vacate,,,,,, ) (Laven, Stuart aty) (Entered: 10/15/2007)
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10/16/2007
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029
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3175 Response to Opposition to Motion to Vacate Agreed Conversion Order of June 11, 2002 and Sale Order of June 27, 2003 Filed by William Maloof (Attachments: # 1 Exhibit A -- Bradley Maloof Statement# 2 Exhibit B -- Sues Email) (Eisler, David aty) (Entered: 10/16/2007)
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10/16/2007
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030
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3177 Notice of Witness Subpoenas Served with Motion to Vacate Filed by Stockholder William Maloof. (Eisler, David aty) (Entered: 10/16/2007)
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10/28/2007
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031
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3182 Response to Objection to Third Amended Motion to Vacate Conversion Order of June 11, 2002 and Sale Order of June 27, 2003 Filed by William Maloof (related documents 3174 Objection, ) (Eisler, David aty) (Entered: 10/28/2007)
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02/28/2008
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032
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3253 MEMORANDUM OF OPINION AND ORDER Signed on 2/28/2008 (RE: related document(s)3175 Response,, 3174 Objection,, 3182 Response, 3165 THIRD AMENDED Motion of William H Maloof to Vacate conversion order of 6/11/02 and sale order of Level Propane going-concern Assets of 6/27/03 with request for Evidentiary hearing and Leave to controvert in involuntary Chapter 7 petition of 6/6/02 ). (dhutc, crt) (Entered: 02/28/2008)
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02/28/2008
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033
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3254 JUDGMENT ENTRY ORDER entered that William H Maloof's Third Amended Motion to vacate conversion Order of 6/11/02 and Sale order of Level Propane Going Concern Assets of June 27, 2003 pursuant to R.60(b)(6) with request for Evidentiary hearing and leave to controvert Involuntary Chapter 7 Petition of June 6, 2002 is without merit and is hereby denied. The Debtors objection thereto is hereby sustained. Each party is to bear its respective costs Signed on 2/28/2008 . (dhutc, crt) (Entered: 02/28/2008)
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