Download - Writing Sample
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UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
In Re:
Debtor-in-Possession
))))))))))))))))))
Chapter 11
Case No. 2:15-BK-00000-VK
RESPONSE TO U.S. TRUSTEE’S MOTION TO
CONVERT OR DISMISS CASE WITH AN
ORDER DIRECTING PAYMENT OF
QUARTERLY FEES AND FOR JUDGMENT
THEREON
DECLARATION OF ATTORNEY
Date:
Time:
Crtrm:
TO: THE HONORABLE VICTORIA KAUFMANN, UNITED STATES BANKRUPTCY
JUDGE, OFFICE OF THE UNITED STATE TRUSTEE, SECURED CREDITORS, TWENTY
LARGEST UNSECURED CREDITORS AND ALL INTERESTED PARTIES:
-RESPONSE TO MOTION TO DISMISS OR CONVERT-- 1
Attorneys NameLaw FirmAddressAdressTel. (562) 000-0000; Fax. (562) 000-0000
Attorney for Debtor-in-Possession
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Debtor, Clients Name hereby responds to the United States Trustee’s Motion to Convert or
Dismiss the instant case and states as follows:
DEBTOR HAS FILED HER MONTHLY OPERATING REPORT FOR THE MONTH
OF JUNE AND IS CURRENT ON THE U.S TRUSTEE QUARTERLY FEES.
On July 16, 2015 the United States Trustee filed a Motion to Dismiss or Convert the instant case
based on failure of the debtor to file the June Monthly Operating Report and also based on the fact
that the primary asset of the debtor located at 14816 Wyandotte Street, Van Nuys, California, 91405
was foreclosed upon post-petition.
On July 21, 2015 Debtor filed her Monthly Operating Report for the Month of June and is now
current on her U.S Trustee Quarterly Fees.
POST-PETITION FORECLOSURE SALE
On June 2, 2015, Debtor filed the instant bankruptcy petition to stop the foreclose sale and reorganize
her debts through Chapter 11 Bankruptcy. The Debtor was surprised to learn that the real property
located at (Property Address), was sold by PLM Management in a non-judicial foreclosure sale on
June 3, 2015.
-RESPONSE TO MOTION TO DISMISS OR CONVERT-- 2
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Upon Investigation, she learned that Central Mortgage Company had acquired In Rem Relief from
Stay in an unrelated Bankruptcy Case; Re: John Smith Case No 1:15-bk-0000-SY based on a Grant
Deed which was received by the lender.
This Grant Deed was not signed by Mr. Clients Name, and was never recorded. Mr. Rosales had
consulted with a company known as Coastline and Associates and paid $3,750.00 for a loan
modification. Mr. Clients Name was not aware of the actions of the company and tried to contact
them to inquire if they prepared the Grant Deed. However, Coastline and Associates was no longer in
business.
On June 25, 2015 Debtor filed a Motion in the Case of John Smith to vacate the Order granting In
Rem Relief to Central Mortgage Company. At the hearing on July 28, 2015 the court denied the
Motion. At the time of filing of the instant case, Debtor was unaware of the activities of Coastline
and Associates nor did he consent to it. She was also unaware of the In Rem Relief obtained in the
Tashia Dee Lopez Case.
Based on the foreclosure sale of the only asset of the Debtor, the Debtor will not oppose the request
for dismissal of the instant case.
Dated: August 4, 2015 Law Firm
_____________________________________________
-RESPONSE TO MOTION TO DISMISS OR CONVERT-- 3
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Attorneys Name
Attorney for Debtor and Debtor-in-possession
DECLARATION OF ATTORNEY
I, (Attorneys Name), declare as follows:
1. I am an Attorney for the Debtor and as such, I have personal knowledge of the facts set forth
herein and or called as a witness. I could and would testify competently with respect thereto.
2. On June 2, 2015, my office filed a Chapter 11 Bankruptcy Petition for the debtor in order to
save her real property located at (insert property address) from a foreclosure sale and
reorganize her debts.
-RESPONSE TO MOTION TO DISMISS OR CONVERT-- 4
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3. Prior to the filing of the petition my office did its due diligence and did not find any issues.
4. On June 4, 2015, my office learned that the property was sold on June 3, 2015 by Central
Mortgage Company.
5. I contacted the attorney for Central Mortgage Company and was informed that Central
Mortgage Company had obtained In Rem Relief from Stay in an unrelated Bankruptcy Case
Re: Tashia Dee Lopez, Case No 1:15-bk-00000-SY based on a Grant Deed which was
received by the lender.
I declare under penalty of perjury under the Laws of the State of California that the
foregoing is true and correct.
Dated: August 4, 2015 ____________________
Attorneys Name
-RESPONSE TO MOTION TO DISMISS OR CONVERT-- 5