In re Petroleum Piping Contractors, Inc.
Citation | 211 BR 290 |
Decision Date | 28 February 1997 |
Docket Number | Bankruptcy No. 96-61379. |
Parties | In re PETROLEUM PIPING CONTRACTORS, INC., Debtor. |
Court | United States Bankruptcy Courts. Seventh Circuit. U.S. Bankruptcy Court — Northern District of Indiana |
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Samuel T. Miller, Highland, IN, for Debtor-In-Possession.
Debra Moss, Highland Park, IL, for WaterPro Supplies.
This case is before the court on the "Motion to Obtain Relief from Stay of Claim Enforcement and/or for Determination of Abandonment of Assets and for Statement of Lack of Interest" (hereinafter: "Motion") filed on June 27, 1996 by WaterPro Supplies Corp. (hereinafter: "WaterPro") versus the Chapter 11 Bankruptcy Estate of Petroleum Piping Contractors, Inc., Debtor-in-Possession (hereinafter: "Debtor").2 At the prehearing conference on this matter held on July 31, 1996, the parties orally agreed that the case could be decided based on a Stipulation of Facts. After the prehearing conference on this matter, the Court on August 1, 1996, ordered the parties to file a Stipulation of Facts by September 2, 1996 regarding WaterPro's Motion. The parties submitted their Stipulation of Facts to the Court on October 28, 1996 (hereinafter: "Stipulation").
WaterPro's Motion seeks relief as to two separate, and unrelated construction projects in the State of Illinois: (1) the New Lenox Project; and, (2) the Arbury Project. Rhetorical Paragraphs One through Five of the Motion, sets out the contractual relationship between WaterPro and the Debtor as to both projects as follows:
5. On or about January 22, 1993 WaterPro entered into a contract with Petroleum Piping Contractors to provide and furnish underground utility material to the Debtor for use on construction projects on which the debtor was performing. A true and correct copy of the credit application submitted by debtor is attached hereto as Exhibit "A". WaterPro furnished Debtor with all of the materials required by Debtor's contracts and the materials were accepted upon the premises where said projects were being constructed and incorporated in and formed a part of said improvements.
WaterPro's Motion, as it relates to the Village of New Lenox Project ("New Lenox Project"), states as follows:
WaterPro's Motion, as it relates to the Arbury Waste Water Reclamation Facility Project ("Arbury Project"), states as follows:
The Motion requests that the court grant WaterPro the following relief:
Exhibit "A" to the Motion is a copy of the Credit Application executed by the Debtor's Secretary/Treasurer on January 22, 1993 and given to WaterPro at the initiation of their contractual relationship (hereinafter: "Agreement").
Exhibit "B" to the Motion is a copy of the "Public Lien Notice" dated April 30, 1986 by WaterPro to the Debtor as Subcontractor on the New Lenox Project, the General Contractor, Semford Construction Co., Inc. (hereinafter: "Semford"), several officials of the Project Owner, the Village of New Lenox (hereinafter: "New Lenox"), and the Bonding Company, United States Fidelity and Guaranty Company (hereinafter: "USF & G"). The Notice was then sent prior to the filing of the Debtor's Petition on June 13, 1996. This Notice states:
You are hereby notified that WaterPro Supplies Corporation, located at 220 S. Westgate Drive, Carol Stream, IL 60188, doing business as an underground utility material supplier (hereinafter referred to as "Claimant") has been employed by Petroleum Piping Contractors under a subcontract between said parties dated October 12, 1995, for the amount of $32,391.47 to provide underground utility materials under the contract of SEMFORD CONTRACTING CO., INC., with you, VILLAGE OF NEW LENOX (hereinafter referred to as "PRIME CONTRACT"), said PRIME CONTRACT is dated May 8, 1995 for Wastewater Treatment Plant No. 2...
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