{Converted to text. JM}
Jeffrey L. Hartman, Esq,, #1607
HARTMAN & HARTMAN
510 West Plumb Lane, Suite B
Reno, Nevada 89509
Telephone: (775) 324-2800
Facsimile: (775) 324-1818
E-mail: notices@bankruptcyreno.com
Attorney for Patrick Canet,
Judicial Liquidator
IN THE FIRST JUDICIAL DISTRICT
COURT OF THE STATE OF
Case No. 090C00579 lB
Dept. No. 1
JED MARGOL1N, an individual,
Plaintiff,
vs.
OPTIMA TECHNOLOGY CORPORATION, a
California corporation; OPTIMA TECHNOLOGY CORPORATION, a Nevada corporation;
REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka
J, REZA JAZI aka G. REZA JAZI, aka GHONOREZA ZANDIAN JAZI, an individual; DOES
COMPANIES 1-10; DOE CORPORATIONS 11-20; and DOE INDIVIDUALS 21-30,
Defendants.
NOTICE OF PENDENCY OF CHAPTER 15
PETITION FOR RECOGNITION OF A FOREIGN PROCEEDING
Patrick Canet, Judicial Liquidator in a foreign main proceeding, case no. 97P01370, pending in the Commercial Court of Pontoise, Paris, France, through counsel, submits this Notice Of Pendency Of Chapter 15 Petition For Recognition Of A Foreign Proceeding for Defendant Debtor Gholam Reza Jazi Zandian, commenced May 19, 2016, under case no. 16-50644-btb in the US. Bankruptcy Court. The verified Chapter 15 Petition For Recognition Of A Foreign Proceeding is attached hereto.
The filing initiates the automatic stay against Defendant (Gholam Reza Jazi Zandian under §
362 of the United States
Bankruptcy Code.
DATED: June 2, 2016.
HARTMAN & HARTMAN
Jeffrey Hartman, Esq.
Attorney for Patrick Canet, Foreign Representative
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CERTIFICATE OF SERVICE
I hereby certify that I mailed a
copy of the foregoing document, postage prepaid, addressed to:
SEVERIN A. CARLSON, ESQ.
TARA C. ZIMMERMAN, ESQ.
KAEMPFER CR0 WELL
MATTHEW D. FRANCIS, ESQ.
ADAM P. MCMILLEN, ESQ.
BROWNSTEIN HYATT FARBER SCHRECK
DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
INTERNAL REVENUE SERVICE
P0
NEVADA DEPARTMENT OF MOTOR VEHICLES
BANKRUPTCY SECTION
555 WRIGHT WAY
BANKRUPTCY SECTION
4600 KIETZKE LANE, #L-235
UNITED STATES TRUSTEE
I declare under penalty of perjury
that the foregoing is true and correct.
Dated: June 2,
2016.
________________
Stephanie Ittnor
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{ Converted to text by
JM. The Appendix is in the PDF.}
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Jeffrey
L. Hartman, Esq., #1607
HARTMAN
& HARTMAN
Telephone:
(775) 324-2800
Facsimile:
(775) 324-1818
E-mail:
notices@bankruptcyreno.com
Attorney
for Patrick Canet,
Judicial
Liquidator
UNITED
STATES BANKRUPTCY COURT
DISTRICT
OF NEVADA
IN
RE:
Gholam Reza Jazi Zandian
Debtor in a Foreign Proceeding.
CASE
NO. BK-N-16-50644-BTB
CHAPTER
15
VERIFIED
PETITION FOR RECOGNITION AND CHAPTER 15 RELIEF
Hearing
Date: June 23, 2016
Hearing Time: 10:00 a.m.
Patrick Canet
(“Mr. Canet”), in his capacity as foreign
representative (“Foreign Representative”) of the above captioned debtor, Gholam Reza Jazi Zandian (“Zandian” or “Debtor”),
with liquidation proceedings in Paris, France, respectfully submits this
petition (“Petition”) seeking entry of an order granting (a) recognition by
this Court of the Foreign Representative as the Debtor’s foreign representative
as that term is defined in 11 U.S.C. § 101(24), and (b) recognition of the
French proceeding as a foreign main proceeding (“Foreign Proceeding”) pursuant
to 11 U.S.C. §§ 1515, 1517 and 1520.
Preliminary
Statement
1. In 1993, Mr. Canet was appointed by the Commercial Court of Pontoise in
2.
Zandian is an Iranian citizen residing in
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shareholder of that company.
3. Mr. Canet initiated proceedings against Zandian
and in April 1998, judgment was entered against Zandian
in the amount of 20,000,000 francs. The judgment was not appealed and is
enforceable. In connection with these proceedings against Zandian,
the
Certified
copies of the Judgment in French and translated to English are attached as Exhibits
A and B, respectively.
4. Mr. Canet has determined that Zandian
owns assets in the State of
Jurisdiction
5.
This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§
1334 and 157.
6.
This case is properly commenced under §§ 1504 and 1515.
7.
Venue is proper pursuant to 28 U.S.C. § 1410(1) and 1410(3).
8.
The statutory bases for relief are 11 U.S.C. § 1501, 1504, 1515, 1517,
1519,1520 and 1521.
Basis
For Relief
9. Section
1501(c)(2) limits chapter 15 relief to individuals whose debts exceed the debt
limitations in § 109(e), i.e., individuals with regular income, with unsecured
debts not exceeding $383,175 and secured debts not exceeding $1,149,525. Zandians’s debts exceed the limitations in § 109(e).
10.
Section 101(23) defines a foreign proceeding as:
The term “foreign proceeding” means a collective
judicial or administrative proceeding in a foreign country, including an
interim proceeding, under a law relating to insolvency or adjustment of debt in
which proceeding the assets and affairs of the debtor are subject to control or
supervision by a foreign court, for the purpose of reorganization or
liquidation.
11.
As demonstrated in Exhibit B, the foreign proceeding was commenced under
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French bankruptcy law in bankruptcy proceedings
in the
12.
Mr. Canet is the Foreign Representative as that
term is defined in § 101(24):
The term “foreign representative” means a person
or body, including a person or body appointed on an interim basis, authorized
in a foreign proceeding to administer the reorganization or the liquidation of
the debtor’s assets or affairs or to act as a representative of such foreign
proceeding.
Exhibit
B.
13.
The French proceeding is a “foreign main proceeding” as that term is defined in
§ 1517(b).
Request
For Recognition
14. Section 1515 sets
forth the requirements for the granting of recognition as requested herein.
Exhibit B, which is the English translation of the
Conclusion
15. The Foreign
Representative submits that the Petition satisfies the requirements for
recognition of the French proceeding as a foreign main proceeding and Mr. Canet as Zandian’s Foreign
Representative.
Notice
16. The Foreign
Representative will provide notice of this Petition pursuant to F.R.Bankr.P. 1011(b) and 2002(q), to: the Office of the
United States Trustee; the Debtor, any known creditor of the Debtor in the
United States for whom the Foreign Representative has an address, any entity
against which provisional relief is sought and any additional party-in-interest
as may be specified by the Court.
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WHEREFORE,
the Foreign Representative requests an order granting this Petition and for
such other and further relief as is just and proper.
DATED: May 26, 2016.
HARTMAN
& HARTMAN
/S/
Jeffrey L. Hartman
Jeffrey
L. Hartman, Esq.
Attorney
for Patrick Canet,
Foreign
Representative
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