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PETE WILSON, (JUVVIlui <br /> tb°VIIckf,C <br /> L A'S,FCAL.IFDRNIA-CALIFORNIA ENVIRONMENTAL PROTECTSON AGENCY F 1U 1-4 �} <br /> T-, BOARD �t a <br /> STAxg �rATER RESOURCES CONT J o <br /> BUILDING ;rn ' 16 10, <br /> PAUL :�'480KDERSOX <br /> 901 P STREET ` <br /> P.0. BOX 100 - ~4`a ° <br /> SACRAMENTO.2277-4421 2 7CALIFORNIA 4 4 21 R12-0100 <br /> • �'h IFoHN* <br /> (916) <br /> FAX: 227-4349 <br /> J1 N 6. 1995 <br /> Mr. Stephen C . Stapleton <br /> Munsch, Hardt, Kopf , Harr & Dinan <br /> Attorneys at Law �V/i <br /> 4000 Fountain Placeiv <br /> 1445 Ross Avenue <br /> Dallas, TX 75202--2790 <br /> Dear Mr . Stapleton: <br /> UNDERGROUND STORAGE TANK (UST) LOCAL OVERSIGHT PROGRAM, SITE <br /> NOS . 2292 AND 2483 , DIAMOND LUMBER INC. , SAN JOAQUIN COUNTY, CASE <br /> NO. 390-36759-HCA-7 . <br /> This responds to your letters concerning oversight costs billed <br /> to Diamond Lumber Inc . by the California State Water Resources <br /> Control. Board' s Underground Storage Tank, Local Oversight <br /> Program. You object to the billings on the basis that Diamond <br /> Lumber Inc . has filed for bankruptcy and that 11 USC Section 362 <br /> provides for an automatic stay of collection of the debt subject <br /> to the bankruptcy proceedings . <br /> We are aware of the provisions of Section 362 . However, the <br /> courts have held that Section 362 does not bar mere requests for <br /> payment absent some coercion or harassment by the creditor. See, <br /> i . e . , Morgan guarantee Trust Co. v. _American Savings and Loan, <br /> 804 F2d 1487, 1491, cert . den 482 U.S . 929 ; LTV Core v. Gulf <br /> State Steel Inc . , 969 F2d 1050 , cert , den. 113 S . Ct . 661 . <br /> we are sending the bills to which you object so that your client <br /> will be aware of the amount of the oversight costs billed, can <br /> include those costs the list of creditors filed with the <br /> Bankruptcy Court and will be prepared to pay those costs if the <br /> amount due is not ultimately discharged by the bankruptcy <br /> proceedings . We do not intend to initiate any collection action <br /> so long as the automatic stay is in effect . <br /> As you may already know, 650 Management Corporation, the current <br /> owner of the sites which generated the billings, has been paying <br /> all oversight costs which were incurred after the date of its <br /> acquisition of the two sites . <br /> If you have not already done so, please see that we are listed as <br /> a creditor in the bankruptcy proceedings . <br />