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Enron Mail |
Another job well done(at least for ENA/ECT)
Bonnie White@ENRON 10/10/2000 10:46 AM To: Richard B Sanders/HOU/ECT@ECT, Linda R Guinn/HOU/ECT@ECT cc: Subject: Re: Perk Development Corporation; Brambury Associates bankruptcy As you can see, this recent default judgment/adversary proceeding appears to belong to EES rather than ECT, so I will work with Mike Smith as to any other issues related to this matter. Thanks. ----- Forwarded by Bonnie White/Corp/Enron on 10/10/2000 10:47 AM ----- Mike D Smith@EES 10/10/2000 09:59 AM To: Bonnie White/Corp/Enron@ENRON cc: Linda R Guinn/HOU/ECT@ECT, Vicki Sharp/HOU/EES@EES Subject: Re: Perk Development Corporation; Brambury Associates bankruptcy This bankruptcy is apparently ours per CSC in Dublin. We never reveived a complaint here, and CSC did not receive one. I am having the A/R pulled to see if we have defenses; I will send you that info. MDS Bonnie White@ENRON 10/09/2000 04:55 PM To: Mike D Smith/HOU/EES@EES cc: Linda R Guinn/HOU/ECT@ECT Subject: Perk Development Corporation; Brambury Associates bankruptcy On Friday, 10/06/00, we received through our service of process procedures, a certified mail envelope advising us of a default judgment in the amount of approximately $23,000 ($20,825.43 is the principal amount of the alleged preference payments, plus interest) against ECT in an adversary proceeding in the above-referenced consolidated bankruptcies. The bankruptcies were filed in 1998 in the Western District of New York (Rochester). We had not received any prior pleadings in the bankruptcy or the adversary. I am trying to determine if this relates to ECT/ENA accounts or to EES accounts. Please advise whether EES has/had any accounts with these entities and/or whether EES filed a claim in the bankruptcies. I have spoken with counsel for the Plan Administrator who filed the adversary proceeding. They apparently sent service of the adversary to ECT by certified mail addressed to our PO Box 1188, Houston address. It never made it up to us. In any event, I would like to determine as quickly as possible whose account it is and whether we have any defenses to the preference allegations. Plan administrator's counsel has told me that he will hold off on executing on the judgment for 10-14 days to hear further from us. If we can explain why we didn't receive service (I think our response is: you didn't serve our registered agent) and we can show defenses to the adversary, they will likely voluntarily set aside the default. In any event, we need to determine this as soon as possible in case we need to file a motion to set aside the default judgment. Thanks.
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