Case Status
Empire Solar Group, LLC (the “Debtor”), through its Chief Restructuring Officer, Rock Creek Advisors, LLC (“Rock Creek”), filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code on August 22, 2021 (the “Petition Date”), with the United States Bankruptcy Court for the District of Utah (the “Bankruptcy Court”) (https://www.utb.uscourts.gov/), Bankruptcy Case No. 21-23636 (the “Empire Bankruptcy Case”). The Empire Bankruptcy Case is presided over by Chief Judge Joel T. Marker (https://www.utb.uscourts.gov/content/chief-judge-joel-t-marker). Legal Counsel for the Debtor is Mr. Mark C. Rose, McKay, Burton & Thurman, P.C., 15 West South Temple, Suite 1000; Salt Lake City, Utah, 84101 ([email protected]). Steven R. Bailey (the “Trustee”) ([email protected]) is the duly-appointed Chapter 7 Trustee overseeing the administration of the Debtor’s chapter 7 bankruptcy estate. The Trustee is represented by Mr. Michael R. Johnson and Mr. David H. Leigh, Ray Quinney & Nebeker P.C., 36 South State Street, Suite 1400, Salt Lake City, Utah, 84111 ([email protected]) ([email protected]).
The Trustee is currently in the process of investigating the Debtor’s financial affairs including, but not limited to, the assets and liabilities of the Debtor. A telephonic Meeting of Creditors was conducted on October 6, 2021. Copies of the Debtor’s Statements and Schedules prepared by Rock Creek are on file with the Bankruptcy Court. [See, Bankruptcy Court Docket, ECF No. 68]
On October 15, 2021, the Trustee held an auction (the “Auction”) for the majority of the remaining assets of the Debtor (collectively, the “Included Assets”) which included, among other assets, the Debtor’s uncompleted solar installation projects (collectively, the “Uncompleted Projects”). Suntuity Solar Limited Liability Company (“Suntuity Solar”) was the successful bidder at the Auction. On October 20, 2021, the Bankruptcy Court entered an Order (the “Sale Order”) approving the Trustee’s sale of the Included Assets to Suntuity Solar. [See, Bankruptcy Court Docket, ECF No. 99]. If you are a former customer of the Debtor with an uncompleted solar project, you are encouraged to reach out to Suntuity Solar by email at [email protected] to determine whether your individual installation contract was purchased by Suntuity Solar.
The deadline for pre-petition creditors to submit proofs of claim in the Bankruptcy Case was November 30, 2021. Currently, it is unknown whether there will be any distribution to creditors in the Bankruptcy Case.
The last day for parties to submit (i) administrative expense claims against the Debtor under
11 U.S.C. §§ 503(b)(3) and 503(b)(9); and (ii) lease rejection damages claims against the Debtor under Federal Rule of Bankruptcy Procedure 3002(c)(4), is Friday, January 28, 2022 [See, Bankruptcy Court Docket, ECF No. 200].
The Trustee has liquidated all known tangible assets of the Debtor. The Trustee, however, believes there are substantial claims and causes of action that may be pursued seeking to recover money damages under various legal theories, including for avoidance and recovery of potential preferential and/or fraudulent transfers. The Trustee’s investigation is ongoing, and the outcome of any future litigation and its impact on the estate and payment to creditors is currently unknown. (Updated 4/26/2022)
