Professional Documents
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UNITED STATES BANKRUPTCY COURT
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In re: ) Case No.: 1:17-bk-13271 MB
13 )
) Chapter 13
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) NOTICE OF MOTION AND MOTION TO
15 JOSE GERARDO PRIETO, ) VACATE DISMISSAL AND REINSTATE
) THE CHAPTER 13 PURSUANT 5010.1;
16 Debtor(s). ) AND/OR VACATE ORDER OF DISMISSAL
) DECLARATION OF JOSE GERARDO
17 ) PRIETO; DECLARATION OF DANIEL DE
) SOTO IN SUPPORT THEREOF.
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) Hearing Date:
19 ) Time:
) Crtrm:
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Floor:
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27 U.S. Bankruptcy Court Central District of California located at 21041 Burbank Blvd., Woodland
28 Hills, CA 91367.
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MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13
1 I declare under the penalty of perjury under the laws of the State of California and United
2 States that the foregoing is true and correct.
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Date: 12/27/2017 /s/ Daniel De Soto
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Daniel Desoto, Esq.
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MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13
1 1. On December 06, 2017, Debtor, through his attorney, electronically filed a petition
2 under the U.S. Bankruptcy Code Chapter 13.
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2. On December 06, 2017 Debtor through his attorney electronically filed the
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Certificate of Credit Counseling.
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3. On December 06, 2017 Debtor through his attorney electronically filed Chapter 13
7 Plan.
8 4. On December 06, 2017 Debtor through his attorney electronically filed the Rights
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and Responsibilities agreement between Debtors and their attorneys.
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5. On or about December 06, 2017, the Filing clerk set the Meeting of Creditor 341(a)
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to be held on for January 24, 2017 at 10:00AM, at Room 100 located at 21041
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13 Burbank Blvd., Woodland Hills, CA 91367 and the Confirmation Hearing Schedule
19 if Required Documents are not filed within 72 hours, herein in corporate, attached and marked as
20 Exhibit “1”.
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8. The Clerk issued a case commence deficiency and set the deadline for December 07,
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2017 and Order to Comply with Bankruptcy Rule 1007/3015 (b), herein in corporate, attached and
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marked as Exhibit “2”.
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25 9. On or about December 08, 2017, Debtor’s Attorney filed the Statement of Social
26 Security Number.
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MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13
1 10. On or about December 08, 2017 Debtor’s Attorney filed Copy (ies) of all payment
2 advices.
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11. On or about December 08, 2017 Debtor’s Attorney filed Electronic Declaration.
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12. On or about December 08, 2017 Debtor’s Attorney filed Declaration by Debtor as to
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whether Debtor(s) received income from Employment within 60 days of Petition.
7 13. The Certificate of Notices was mailed on or about December 09, 2017, a copy of the
8 email notices are herein incorporated attached and marked as Exhibit “4”.
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14. December 08, 2017 was a Friday, No additional notices or email was send on regards
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to any more deficiencies.
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12 On December 11, 2017 Debtor’s attorney received an email and Notice of File error and/or
Deficiency Document of Mismatch between filed documents and docket event code. THE FILER
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IS INSTRUCTED TO FILE A NOTICE OF WITHDRAWAL USING WITHDRAWAL EVENT
14 CODE AND REFILE THE DOCUMENT USING THE CORRECT EVENT CODE THAT
MATCHES THE DOCUMENT
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15. Debtor’s Attorney had a busy day on Monday December 11, 2017 and did not come
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into the office after 4:00 p.m. at this time he immediately called ECF help desk to inquiry about the
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18 above deficiency, since he believed all documents needed were filed on time fashion, within plenty of
19 time prior to the 72 hours deadline. However the phone lined was busy, Debtor’s attorney was placed
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in hold for while but after 430 p.m. no clerk was available to answer his phone call.
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16. On December 12, 2017 Debtor’s Attorney called ECF Help Desk again but this time
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he was successful contacting the clerk offices, which indicated the PDF document uploaded was not
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24 the actual social security number and he is required to file immediately as the document still
25 deficient.
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MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13
1 17. Debtor’s Attorney immediately after completed the call, turn to his computer and/or
2 laptop and filed the required document. He inspected the document to verify accuracy that in fact the
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Statement of Social Security is been filed, here incorporated, attached and marked as Exhibit “5”.
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18. Debtor through his attorney seeks the dismissal be vacated and the case reinstated.
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19. Reinstatement of Debtor’s case will not affect the Automatic Stay.
7 20. Debtor does not want to keep filing any more case to fear been consider as abusive.
8 21. Debtor wishes to complete his Chapter 13 case, to comply with all other requirements
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including mailing all documents to trustee and ready for the 341 a Meeting of Creditors.
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22. Debtor’s Financial has change and Debtor’s Income has gone up since the prior filing,
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thus making Debtor’s Chapter 13 Plan feasible to cure the arrears on his property.
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13 23. Debtor through his attorney had already filed all the required documents including
19 case but will force Debtor to re pay new filing fee and/or pay for fees to continue the automatic stay.
20 26. Debtor is ready to send and serve Chapter 13 Trustee with all documentation for a
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proper review of his financial.
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MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13
1 27. For the foregoing reason, the Debtor and Debtors' attorney respectfully request the
2 court to vacate dismissal and reinstate his petition.
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Dated: 12/27/2017
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Respectfully submitted.
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7 Daniel De Soto
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MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13
1 DANIEL DE SOTO SBN 205861
Law Offices of Daniel De Soto
2 619 South Olive Street
3 Suite 400
Los Angeles, CA 90014
4 Tel (323) 743-8995
Fax (323) 837-4766
5 desotolegal@gmail.com
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Attorneys for Jose Gerardo Prieto
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UNITED STATES BANKRUPTCY COURT
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13 In re: )
) Case No.: 1:17-bk-13271 MB
14 )
) Chapter 13
15 )
JOSE GERARDO PRIETO, ) DECLARATION OF JOSE GERARDO
16 ) PRIETO PORTILLO IN SUPPORT OF
Debtor. ) REINSTATEMENT OF THE CHAPTER 13
17 ) CASE PURSUANT TO LBR 5010.1
)
18 ) Hearing Date:
) Time:
19 ) Crtrm:
) Floor:
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)
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I, Jose Gerardo Prieto, do declare as follows:
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1. That I have personal knowledge of the facts stated herein, if called to testify, I could and
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would do so competently thereto.
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27 3. I filed for Bankruptcy in this case to reorganize my debts on December 06, 2017.
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MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13
1 4. My financial situation has changed and I now have enough income to afford my Chapter 13
2 plan.
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5. I do not wish to re-file any more case with fear to be considered abusive.
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6. It is my understanding that all necessarily documents were filed by my attorney, however I
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was informed that one document was mistakenly not filed causing the case to be dismissed.
7 7. My attorney indicated to me that he filed all the initial documents required for a Chapter 13
8 case; however one document was not uploaded, the list of creditors.
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11. My attorney indicated and explained the situation, as the Social Security Statement was
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not properly and/or it was filed late therefore the case was dismissed.
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12. For the foregoing reasons, I respectfully request the Court to vacate the dismissal and
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13 reinstate the Chapter 13 petition as I can propose a confirmable plan. To restart a new Chapter 13
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19 Dated: 12/27/2017
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MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13
1 DANIEL DE SOTO SBN 205861
Law Offices of Daniel De Soto
2 619 South Olive Street
3 Suite 400
Los Angeles, CA 90014
4 Tel (323) 743-8995
Fax (323) 837-4766
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UNITED STATES BANKRUPTCY COURT
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CENTRAL DISTRICT OF CALIFORNIA LOS ANGELES DIVISION
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That I have personal knowledge of the facts stated herein, if called to testify, I could and
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MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13
1 2. On December 06, 2017 Debtor through his attorney electronically filed the
2 Certificate of Credit Counseling.
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3. On December 06, 2017 Debtor through his attorney electronically filed Chapter 13
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Plan.
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4. On December 06, 2017 Debtor through his attorney electronically filed the Rights
8 5. On or about December 06, 2017, the Filing clerk set the Meeting of Creditor 341(a)
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to be held on for January 24, 2017 at 10:00AM, at Room 100 located at 21041
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Burbank Blvd., Woodland Hills, CA 91367 and the Confirmation Hearing Schedule
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to be heard on March 1, 2017 at 10: 00 a.m. at Courtroom 303 located at 21041
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14 6. On December 06, 2017, the filing Clerk filed a Notice of Debtor’s Prior Filing.
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7. On or about December 07, 2017, the filing Clerk issued a Notice of Dismissal of Case
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if Required Documents are not filed within 72 hours, herein in corporate, attached and marked as
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Exhibit “1”.
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19 8. The Clerk issued a case commence deficiency and set the deadline for December 07,
20 2017 and Order to Comply with Bankruptcy Rule 1007/3015 (b), herein in corporate, attached and
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marked as Exhibit “2”.
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9. On or about December 08, 2017, Debtor’s Attorney filed the Statement of Social
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Security Number.
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25 10. On or about December 08, 2017 Debtor’s Attorney filed Copy (ies) of all payment
26 advices.
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11. On or about December 08, 2017 Debtor’s Attorney filed Electronic Declaration.
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MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13
1 12. On or about December 08, 2017 Debtor’s Attorney filed Declaration by Debtor as to
2 whether Debtor(s) received income from Employment within 60 days of Petition.
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13. The Certificate of Notices was mailed on or about December 09, 2017, a copy of the
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email notices are herein incorporated attached and marked as Exhibit “4”.
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14. December 08, 2017 was a Friday, No additional notices or email was send on regards
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On December 11, 2017 Debtor’s attorney received an email and Notice of File error and/or
9 Deficiency Document of Mismatch between filed documents and docket event code. THE FILER
IS INSTRUCTED TO FILE A NOTICE OF WITHDRAWAL USING WITHDRAWAL EVENT
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CODE AND REFILE THE DOCUMENT USING THE CORRECT EVENT CODE THAT
11 MATCHES THE DOCUMENT
12 15. Debtor’s Attorney had a busy day on Monday December 11, 2017 and did not come
13 into the office after 4:00 p.m. at this time he immediately called ECF help desk to inquiry about the
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above deficiency, since he believed all documents needed were filed on time fashion, within plenty of
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time prior to the 72 hours deadline. However the phone lined was busy, Debtor’s attorney was placed
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in hold for while but after 430 p.m. no clerk was available to answer his phone call.
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18 16. On December 12, 2017 Debtor’s Attorney called ECF Help Desk again but this time
19 he was successful contacting the clerk offices, which indicated the PDF document uploaded was not
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the actual social security number and he is required to file immediately as the document still
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deficient.
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17. Debtor’s Attorney immediately after completed the call, turn to his computer and/or
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24 laptop and filed the required document. He inspected the document to verify accuracy that in fact the
25 Statement of Social Security is been filed, here incorporated, attached and marked as Exhibit “5”.
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18. Debtor through his attorney seeks the dismissal be vacated and the case reinstated.
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19. Reinstatement of Debtor’s case will not affect the Automatic Stay.
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MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13
1 20. Debtor does not want to keep filing any more case to fear been consider as abusive.
2 21. Debtor wishes to complete his Chapter 13 case, to comply with all other requirements
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including mailing all documents to trustee and ready for the 341 a Meeting of Creditors.
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22. Debtor’s Financial has change and Debtor’s Income has gone up since the prior filing,
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thus making Debtor’s Chapter 13 Plan feasible to cure the arrears on his property.
7 23. Debtor through his attorney had already filed all the required documents including
13 case but will force Debtor to re pay new filing fee and/or pay for fees to continue the automatic stay.
14 26. Debtor is ready to send and serve Chapter 13 Trustee with all documentation for a
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proper review of his financial.
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I declare under penalty of perjury, under the Laws of the States of California that the
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foregoing is true and correct. Executed this 27th day of December, 2017 in Los Angeles, California.
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Daniel De Soto,
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Attorney for Movant/Debtor
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MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13
1 NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I.
Proposed orders do not generate an NEF because only orders that have been entered are placed on the CM/ECF docket.
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PROOF OF SERVICE OF DOCUMENT
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I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:
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619 South Olive Street
5 Suite 400
Los Angeles, CA 90014
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NOTICE OF MOTION AND MOTION FOR
A true and correct copy of the foregoing document described
7 VACATE DISMISSAL AND REINSTATE THE CHAPTER 13 PURSUANT 5010.1;
DECLARATION OF JOSE GERARDO PRIETO; DECLARATION OF DANIEL DE SOTO IN
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SUPPORT THEREOF served or was served (a) on the judge in chambers in the form and manner required by LBR
9 5005-2(d); and (b) in the manner indicated below:
I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) – Pursuant to controlling
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General Order(s) and Local Bankruptcy Rule(s) (“LBR”), the foregoing document will be served by the court via NEF
and hyperlink to the document. On 12/27/2017 I checked the CM/ECF docket for this bankruptcy case or adversary
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proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF
transmission at the email address(es) indicated below:
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Elizabeth (SV) F Rojas (TR)
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cacb_ecf_sv@ch13wla.com
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United States Trustee (SV)
ustpregion16.wh.ecf@usdoj.gov
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Service information continued on attached page
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II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served):
On 12/27/2017 I served the following person(s) and/or entity(ies) at the last known
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address(es) in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed
envelope in the United States Mail, first class, postage prepaid, and/or with an overnight mail service addressed as
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follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours
after the document is filed.
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Service information continued on attached page
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III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for each
person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on I served the following person(s)
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and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method), by facsimile
transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on the judge
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will be completed no later than 24 hours after the document is filed.
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Service information continued on attached page
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
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12/27/2017 Marisol Contreras /S/ Marisol Contreras
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Date Type Name Signature
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MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13
1 Select Portfolio Inc
PO BOX 65260
2 Salt Lake City, UT 84165
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MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13