Board of Trustees of the Cement Masons Health and Welfare Trust Fund for Northern California et al v. Industrial Commercial Concrete Construction, Inc. et al

Filing 33

ORDER granting 31 PROPOSED ORDER TO STAY ACTION Re: NOTICE OF CH. 7 BANKRUPTCY OF DEFENDANT JEFFREY J. HUSTON; filed by Board of Trustees of the Cement Masons Health and Welfare Trust Fund for Northern California, Board of Trustees of the Cement Masons Pension Trust Fund for Northern California, Board of Trustees of the Cement Masons Vacation-Holiday Trust Fund for Northern California, Board of Trustees of the Cement Masons Training Trust Fund for Northern California. Signed by Magistrate Judge Jacqueline Scott Corley on 1/8/2015. (ahm, COURT STAFF) (Filed on 1/8/2015)

Ronald L. Richman, SBN 139189
Susan J. Olson, SBN 152467
Edward D. Winchester, SBN 271500
BULLIVANT HOUSER BAILEY PC
601 California Street, Suite 1800
San Francisco, California 94108
Telephone: [phone]
Facsimile: 415.352.2701
E-Mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
BOARD OF TRUSTEES OF THE CEMENT
MASONS HEALTH AND WELFARE TRUST
FUND FOR NORTHERN CALIFORNIA;
BOARD OF TRUSTEES OF THE CEMENT
MASONS VACATION-HOLIDAY TRUST
FUND FOR NORTHERN CALIFORNIA;
BOARD OF TRUSTEES OF THE CEMENT
MASONS PENSION TRUST FUND FOR
NORTHERN CALIFORNIA; AND BOARD
OF TRUSTEES OF THE CEMENT MASONS
TRAINING TRUST FUND FOR NORTHERN
CALIFORNIA,

Case No.: C 14-02064 JSC
NOTICE OF CH. 7 BANKRUPTCY OF
DEFENDANT JEFFREY J. HUSTON;
ORDER TO STAY ACTION

Plaintiffs,
VS.

INDUSTRIAL COMMERCIAL CONCRETE
CONSTRUCTION, INC., a California
corporation; and JEFFREY J. HUSTON, an
individual,
Defendants.

Plaintiffs Board of Trustees of the Cement Masons Health and Welfare Trust Fund for
Northern California, Board of Trustees of the Cement Masons Vacation-Holiday Trust Fund for
Northern California, Board of Trustees of the Cement Masons Pension Trust Fund for Northern
California and Board of Trustees of the Cement Masons Training Trust Fund for Northern
California hereby notify this Court that on or about December 20, 2014, Defendant Jeffrey J.
—

1—

NOTICE OF CH. 7 BANKRUPTCY OF DEFENDANT JEFFREY J. HUSTON; ORDER TO STAY ACTION

Huston filed a Voluntary Petitions for Ch. 7 Bankruptcy in the United States Bankruptcy Court,
Northern District of California, Case No.: 14-44951 WLJ. A true and correct copy of the
Voluntary Petition is attached hereto as Exhibit A.
This action should therefore be stayed as to Defendant Jeffrey J. Huston pursuant to
11 U.S.C. § 362(a).
DATED: January 7, 2015
BULLIVANT HOUSER BAILEY PC

By

/
Ronald L. Richman

Attorneys for Plaintiffs

ORDER

The Court, having reviewed the Notice of Bankruptcy indicating that Defendant Jeffrey
J. Huston filed for bankruptcy protection,
IT IS HEREBY ORDERED that this case shall be stayed as to Defendant Jeffrey J.
Huston pending resolution of the bankruptcy proceeding.
Dated: 'January 8 2015
,
Hon. Jacqueline Scott Corley
United States Magistrate Judge

15376399.1

—2—
NOTICE OF CH. 7 BANKRUPTCY OF DEFENDANT JEFFREY J. HUSTON; ORDER TO STAY ACTION

EXHIBIT A

TE
Case Number 14-44951 WM, 7

FORM B9A (Chanter 7 Individual or Joint Debtor No Asset Case) (12/12)

UNITED STATES BANKRUPTCY COURT
Northern District of California (Oakland)

ankruPter

Chapter

A chapter 7 bankruptcy case concerning the debtor(s) listed below was filed on 12/20/14.
You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights.
All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below. NOTE: The staff of the
bankruptcy clerk's office cannot give legal advice.

Creditors -- Do not file this notice in connection with any proof of claim you submit to the court.
See Reverse Side For Important Explanations
Debtor(s) (name(s) used, by the debtor(s) in the last 8 years, including married, maiden, trade, and address):
Jeffrey J. Huston
aka Industrial Commercial Concrete, Inc.
1531 N. Mitchell Canyon Rd.
Clayton, CA 94517

Case Number:
14-44951

Social Security/Individual Taxpayer ID/Employer Tax ID/Other
Nos.:

Attorney for Debtor(s) (name and address):
R. Kenneth Bauer
Law Offices of R. Kenneth Bauer
500 Ygnacio Valley Rd. #328
Walnut Creek, CA 94596
Telephone number: [phone]

Bankruptcy Trustee (name and address):
Sarah L. Little
2415 San Ramon Valley Blvd. #4432
San Ramon, CA 94583
Telephone number: [phone]
Email: [e-mail]

Meeting Cred

Time: 11:30 AM
Date: January 23, 2015
Location: Office of the US. Trustee, 1301 Clay St. Room 680N, Oakland, CA 94612

Important Notice to Individual Debtors: The United States Trustee requires all debtors who are individuals to
provide government—issued photo identification and proof of social security number to the trustee at the meeting of
creditors.

Presumption of Abuse under 11 U.S.C. § 707(b)
See "Presumption of Abuse" on reverse side.

The presumption of abuse does not arise.
Papers must be

received by the bankruptcy clerk's office by the following deadlines:

Deadline to Object to Debtor's Discharge or to Challenge Dischargeability of Certain Debts: 3/24/15

Deadline to Object to Exemptions:

If this case has been converted, a new deadline to object to exemptions arises unless: (1) the conversion took place more than one year after
a plan was first confirmed, or (2) the deadline had previously expired while the case pendinkun&-ir Chapter 7.

eettitift-AaltOtst

In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the
debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the
court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be
penalized. Consult a lawyer to determine your rights in this case.

Please Do Not File a Proof of Claim Unless You Receive a Notice To Do So.
Creditor with a Foreign Address:
A creditor to whom this notice is sent at a foreign address should read the information under "Do Not File a Proof of Claim at This Time
on the reverse side.
Address of the Bankruptcy Clerk's Office:

1300 Clay Street #300 (94612)
Post Office Box 2070
Oakland, CA 94604-2070
Telephone number: 510-879-3600

Clerk of the Bankruptcy Court:
Edward J. Emmons

Hours Open: Monday — Friday 9:00 AM — 4:30 PM

Date: 12/22/14

REcErvED

DEC 2 9 2014 0,,CF,TVED
008158

85705008166013

LAIVCM=RYDEC 2 9 2014

Filing of Chapter 7
Bankruptcy Case

A bankruptcy case under Chapter 7 of the Bankruptcy Code (title 11, United States Code) has been filed in this court
by or against the debtor(s) listed on the front side, and an order for relief has been entered.
The staff of the bankruptcy clerk's office cannot give legal advice. Consult a lawyer to determine your rights in

Legal Advice

this case.

Prohibited collection actions are listed in Bankruptcy Code §362. Common examples of prohibited actions include
Creditors Generally
May Not Take Certain contacting the debtor by telephone, mail or otherwise to demand repayment; taking actions to collect money or
obtain property from the debtor; repossessing the debtor's property; starting or continuing lawsuits or foreclosures;
Actions
and garnishing or deducting from the debtor's wages. Under certain circumstances, the stay may be limited to 30
days or not exist at all, although the debtor can request the court to extend or impose a stay.

Presumption of Abuse If the presumption of abuse arises, creditors may have the right to file a motion to dismiss the case under § 707(b) of
the Bankruptcy Code. The debtor may rebut the presumption by showing special circumstances.

Meeting of Creditors

A meeting of creditors is scheduled for the date, time, and location listed on the front side. The debtor (both spouses
in a joint case) must be present at the meeting to be questioned under oath by the trustee and by creditors. Creditors
are welcome to attend, but are not required to do so. The meeting may be continued and concluded at a later date
specified in a notice filed with the court.

Do Not File a Proof of There does not appear to be any property available to the trustee to pay creditors. You therefore should not file a
proof of claim at this time. If it later appears that assets are available to pay creditors, you will be sent another notice
telling you that you may file a proof of claim, and telling you the deadline for filing your proof of claim. If this
notice is mailed to a creditor at a foreign address, the creditor may file a motion requesting the court to extend the
deadline.

Claim at This Time

Do not include this notice with any filing you make with the court,

Discharge of Debts
'

The debtor is seeking a discharge of most debts, which may include your debt. A discharge means that you may
never try to collect the debt from the debtor. If you believe that the debtor is not entitled to receive a discharge under
Bankruptcy Code §727(a) or that a debt owed to you is not dischargeable under Bankruptcy Code §523(a)(2), (4), or
(6), you must file a complaint -- or a motion if you assert the discharge should be denied under §727(a)(8) or (a)(9)
— in the bankruptcy clerk's office by the "Deadline to Object to Debtor's Discharge or to Challenge the
Dischargeability of Certain Debts" listed on the front of this form. The bankruptcy clerk's office must receive the
complaint or motion and any required filing fee by that deadline.

Exempt Property

The debtor is permitted by law to keep certain property as exempt. Exempt property will not be sold and distributed
to creditors. The debtor must file a list of all property claimed as exempt. You may inspect that list at the bankruptcy
clerk's office. If you believe that an exemption claimed by the debtor is not authorized by law, you may file an
objection to that exemption. The bankruptcy clerk's office must receive the objections by the "Deadline to Object to
Exemptions" listed on the front side.
.

Bankruptcy Clerk's
Office

Any paper that you file in this bankruptcy case should be filed at the bankruptcy clerk's office at the address listed
on the front side. You may inspect all papers filed, including the list of the debtor's property and debts and the list of
the property claimed as exempt, at the bankruptcy clerk's office.

Creditor with a
Foreign Address

Consult a lawyer familiar with United States bankruptcy law if you have any questions regarding your rights in this
case.
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008157

Refer to Other Side for Important Deadlines and Notices --

85705008165014