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 2003-1 B.C.A. (CCH) P32,169; 2003 ASBCA LEXIS 17

Armed Services Board of Contract Appeals

January 31, 2003

ASBCA No. 53081

Opinion

OPINION BY ADMINISTRATIVE JUDGE JOHN I. COLDREN, III

The Government has moved to dismiss this appeal based upon appellant's lack of standing because appellant was liquidated under Chapter 7 of The Bankruptcy Act, 11 U.S.C. §§ 701 et seq. Appellant opposes the motion. The record consists of exhibits attached to the Government's motion as well as the Rule 4 file.

 [*159058]  FINDINGS OF FACT FOR PURPOSES OF THE MOTION

1. On 9 February 1995, the Government, by the United States Department of the Air Force, Travis AFB, California, awarded appellant the contract (R4, tab 1).

2. By a letter dated 7 April 1999, appellant filed a claim with the contracting officer requesting an equitable adjustment under the Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year [**2]  and Option Contracts) standard clause to recover wage increases for appellant's employees due to a new collective bargaining agreement (R4, tab 25). Appellant's claim was certified pursuant to the Contract Disputes Act (CDA), 41 U.S.C. §§ 601 et seq.

3. On 19 May 1999, appellant filed a petition for bankruptcy in the U.S. Bankruptcy Court for the Western District of Washington (the Bankruptcy Court). Initially, appellant sought reorganization of its business pursuant to Chapter 11 of the federal bankruptcy code. (Gov't mot., attachs. 1, 2)

4. Bankruptcy proceedings were converted from Chapter 11 to Chapter 7 (Gov't mot., attach. 2).

5. The contracting officer issued a final decision granting only $ 9,503.51 of appellant's claim for $ 239,267.50 and denied the remainder of the claim. Appellant received that decision on 12 July 2000. (R4, tab 41)

6. Appellant appealed that decision to this Board on 8 October 2000 (Board corres. file).

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 2003-1 B.C.A. (CCH) P32,169 *;  2003 ASBCA LEXIS 17 **

Appeal of -- Traction Systems, Inc.

CORE TERMS

liquidated, motion to dismiss, bankrupt estate, contracting, tab, bankruptcy proceedings, appellant's claim, oppose a motion, prosecute, defunct, attach