in re veal debtors objection to ahms claim 05 nov 2009
DESCRIPTION
This document is the debtors' objection the the American Home Mortgage Servicing, Inc., claim in the Bankruptcy case In Re Veal, Case No. 09-14808, a matter before the U.S. Bankruptcy Court for the District of Arizona. The 9th Circuit Bankruptcy Appeals Panel released a decision in the In Re Veal appeal on June 10, 2011, reversing and remanding to the U.S. Bankruptcy Court. This opposition was filed on November 5, 2009.TRANSCRIPT
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John Joseph Volin #009880 Trucly D. Pham #026088 2033 East Warner Road, Suite 106 Tempe, Arizona 85284 Phone: (480) 820-5568 Fax: (480) 820-3575 E-mail: [email protected]
[email protected] Attorney for Debtors
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ARIZONA
IN RE: HOWARD RICHARD VEAL, JR. and SHELLI AYESHA VEAL, Debtors.
Case No: 2:09-bk-14808 RJH OBJECTION TO PROOF OF CLAIM NO. 4-1 FILED BY AMERICAN HOME MORTGAGE SERVICING, INC.
COMES NOW Howard Richard Veal, Jr. and Shelli Ayesha Veal (herein the “Debtors”), by
and through their attorney of record, and file this Objection to Proof of Claim No. 4-1 filed by
American Home Mortgage Servicing, Inc. as servicing agent for Wells Fargo Bank, N.A. as Trustee
for Option One Mortgage Loan Trust 2006-3 Asset-Backed Certificates, Series 2006-3 (hereinafter
“AHMSI” or “Claimant”) and in support thereof would show the Court the following:
1. On June 29, 2009, the Debtors commenced this case by filing a voluntary petition for
relief under Chapter 13 of Title 11, United States Code.
2. On or about July 20, 2009, AHMSI filed its Proof of Claim asserting a secured claim
for a mortgage on the Debtors’ real property in the amount of $158,399.17.
3. The Debtors object to AHMSI’s proof of claim on the basis that AHMSI is without
standing to bring a claim in this bankruptcy proceeding. No evidence is provided to support that
AHMSI has standing to file a proof of claim in this case. In fact, the documentation supplied
Case 2:09-bk-14808-RJH Doc 65 Filed 11/05/09 Entered 11/05/09 16:58:33 Desc Main Document Page 1 of 2
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indicates that the promissory note is owed to GSF Mortgage rather than the Claimant, while the
mortgage was assigned to Option One.
WHEREFORE, the Debtors pray the Court enter an Order:
A. Directing the Chapter 13 Trustee to strike the proof of claim filed by
AMHSI;
B. That AHMSI be required to pay reasonable legal fees and expenses to John
Joseph Volin, the attorney for the Debtors, for the filing of an improper pleading in this case, in the
amount of $750.00; and
C. That the Debtors have such other and further relief as the Court may deem
just and proper.
RESPECTFULLY SUBMITTED this 5th day of November, 2009. JOHN JOSEPH VOLIN, P.C. BY: /s/ JJV #09880 John Joseph Volin Trucly D. Pham 2033 East Warner Road, Suite 106 Tempe, Arizona 85284 Attorney for Plaintiffs/Debtors
Case 2:09-bk-14808-RJH Doc 65 Filed 11/05/09 Entered 11/05/09 16:58:33 Desc Main Document Page 2 of 2