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Plaintiffs are further given notice that Section 362 of said Code provides for an automatic stay of Plaintiffs’ action against Debtor but not of Debtor’s action Plaintiffs.
This Amended and Superceded Notice of Filing of Chapter 11 Proceeding
supercedes the Notice of Filing of Chapter 11 Proceeding filed earlier today in this case,
which incorrectly stated that the Bankruptcy Code “provides for an automatic stay of this
action,” rather than correctly stating that Debtor’s bankruptcy filing stays only Plaintiffs’
action against Debtor.
The portion above is what makes me think the NDoC is proceeding with TPL's assertions against the T2. Remember, TPL is the defendant, which leads back to the article I cited.
HEINZ BINDER, #87908
ROYA SHAKOORI, #236383
RYAN M. PENHALLEGON, #234787
Binder & Malter, LLP
2775 Park Avenue
Santa Clara, CA 95050
Telephone: (408)295-1700
Facsimile: (408) 295-1531
email: heinz@bindermalter.com
email: roya@bindermalter.com
email: ryan@bindermalter.com
Proposed Attorneys for Debtor
Technology Properties Limited LLC
UNITED STATES DISTRICT COURT OF CALIFORNIA
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
HTC CORPORATION and HTC
AMERICA, INC.,
Plaintiffs,
vs.
TECHNOLOGY PROPERTIES LIMITED,
et. al.,
Defendants.
Case Number: 5:08-cv-00882-PSG
AMENDED AND SUPERCEDED
NOTICE OF FILING OF CHAPTER
11 PROCEEDING AND NOTICE OF
AUTOMATIC STAY OF ACTIONS
NOTICE IS HEREBY GIVEN to Plaintiffs that the Debtor, TECHNOLOGY
PROPERTIES LIMITED LLC, has filed a Petition under Chapter 11 of the United States
Bankruptcy Code on March 20, 2013, Case No. 13-51589-SLJ. Plaintiffs are further
given notice that Section 362 of said Code provides for an automatic stay of Plaintiffs’
action against Debtor but not of Debtor’s action Plaintiffs.
Matter of U.S. Abatement
Corp.
(5th Cir. 1994), 39 F.3d 563, 568; In re Merrick, 175 B.R. 333, 337 (9th Cir. BAP
1994).
//
//
//
Case5:08-cv-00882-PSG Document440 Filed03/21/13 Page1 of 5
Amended and Superceded Notice of Filing of Chapter 11 Proceeding Page 2
This Amended and Superceded Notice of Filing of Chapter 11 Proceeding
supercedes the Notice of Filing of Chapter 11 Proceeding filed earlier today in this case,
which incorrectly stated that the Bankruptcy Code “provides for an automatic stay of this
action,” rather than correctly stating that Debtor’s bankruptcy filing stays only Plaintiffs’
action against Debtor.
Dated: March 21, 2013 BINDER & MALTER, LLP
By: /s/ Ryan Penhallegon
Ryan Penhallegon
Proposed Attorney for Debtor
Case5:08-cv-00882-PSG Document440 Filed03/21/13 Page2 of 5
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Amended and Superceded Notice of Filing of Chapter 11 Proceeding Page 3
CERTIFICATE OF SERVICE VIA U.S. MAIL
I, Tam Tran, declare under penalty of perjury:
1. I am a citizen of the United States of America, employed in the County
of Santa Clara, California. My business address is 2775 Park Avenue, Santa Clara,
California 95050. I am over the age of 18 years and not a party to the above-entitled
action. I am employed in the office of a member of the bar of this Court, at whose
direction the service was made.
2. I am familiar with Binder & Malter's practice whereby each document is
placed in an envelope, the envelope is sealed, the appropriate postage is placed
thereon and the sealed envelope is placed in the office mail receptacle. Each day the
mail is collected and deposited in a United States postal mailbox at or before the closed
of the business day.
3. On this date I served the following:
AMENDED AND SUPERCEDED NOTICE OF FILING OF CHAPTER 11 PROCEEDING
AND
OF AUTOMATIC STAY OF ACTIONS AGAINST DEBTOR ALONG WITH NOTICE OF
BANKRUPTCY CASE FILING ATTACHMENT
filed herein, by placing a true copy thereof enclosed in a sealed envelope with postage
thereon fully prepaid, in the designated area for outgoing mail at Santa Clara, California,
which envelopes were addressed to those entities indicated below:
Attorney for HTC Corporation & HTC America, Inc.
Kyle Dakai Chen
Cooley Godward Kronish LLP
3000 El Camino Real
Five Palo Alto Square, 4
th Floor
Palo Alto, CA 94306
I declare that the foregoing is within my personal knowledge and that, if called
upon as a witness, I could and would competently testify thereto.
I declare under penalty of perjury that the foregoing is true and correct to
the best of my knowledge, information and belief and that this declaration was executed
at Santa Clara, California on March 21, 2013.
/s/ Tam Tran
Tam Tran
Case5:08-cv-00882-PSG Document440 Filed03/21/13 Page3 of 5
United States Bankruptcy Court
Northern District of California
Notice of Bankruptcy Case Filing
A bankruptcy case concerning the debtor(s) listed below was
filed under Chapter 11 of the United States Bankruptcy Code,
entered on 03/20/2013 at 1:00 PM and filed on 03/20/2013.
Technology Properties Limited LLC
20883 Stevens Creek Blvd., Suite 100
Cupertino, CA 95014
Tax ID / EIN: 80-0323886
fka
Technology Properties Limited Inc., a California
corporation
fka
Technology Properties Limited, a California
corporation
The case was filed by the debtor's attorney:
Heinz Binder
Law Offices of Binder and Malter
2775 Park Ave.
Santa Clara, CA 95050
(408) 295-1700
The case was assigned case number 13-51589 to Judge Stephen L. Johnson.
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.
If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at
our
Internet home page https://ecf.canb.uscourts.gov/ or at the Clerk's Office, 280 South First Street, Room
3035, San Jose, CA 95113.
You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth
important deadlines.
Gloria L. Franklin
Clerk, U.S. Bankruptcy Court
PACER Service Center
Transaction Receipt
1 of 2 3/20/2013 1:02 PM
Case5:08-cv-00882-PSG Document440 Filed03/21/13 Page4 of 5
03/20/2013 13:03:30
PACER Login:
bm0077 Client Code: TPL
Description:
Notice of Filing Search Criteria: 13-51589
Billable Pages:
1 Cost: 0.10
2
2 Recommendations
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