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IN RE CORPORATE AND LEISURE EVENT PRODUCTIONS

No. 06-bk-01797-PHX-RJH.

351 B.R. 724 (2006)

In re CORPORATE AND LEISURE EVENT PRODUCTIONS, INC., Debtor.

United States Bankruptcy Court, D. Arizona.

September 5, 2006.

Attorney(s) appearing for the Case

Michael P. Anthony, Carson, Messinger, Elliott et al., Scott T. Ashby, Squire, Sanders & Dempsey, L.L.P., James B. Ball, Poli & Ball, P.L.C., Paul A. Conant, Thomson Conant PLC, Joshua B. Mayes, Galbut and Hunter, PC, James F. Polese, Polese, Pietzsch, Williams & Nolan, PA, Phoenix, AZ, for Creditors.

Michael W. Carmel, Michael W. Carmel, Ltd., Phoenix, AZ, for Debtor.

Alan A. Meda, Stinson, Morrison, Hecker LLP, Robert J. Miller, Bryan Cave, LLP, Phoenix, AZ, for Interested Party.

Larry Lee Watson, Office of the U.S. Trustee, Phoenix, AZ, for U.S. Trustee.

AMENDED OPINION DENYING RECEIVER'S FIRST MOTION TO DISMISS.

RANDOLPH J. HAINES, Bankruptcy Judge.

The issue here is who, if anyone, may file a Chapter 11 petition for a Debtor after a state court has appointed a Receiver for the debtor, enjoined the Debtor from filing a bankruptcy petition, and removed the Debtor's corporate officers and directors. The Court concludes that federal bankruptcy law preempts state law and remains available to an eligible debtor...

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