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dkennedy
dkennedy, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5998
Experience:  15+ years experience
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What form do I use to respond to a motion filed against me

Resolved Question:

What form do I use to respond to a motion filed against me?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  dkennedy replied 1 year ago.

Hello,

What kind of a Motion was filed against you? When was it file stamped?

Customer: replied 1 year ago.


Motion for disgorgement of fees, damages and fines


claiming I acted as a bankruptcy petition preparer


 


Can I send you my reply to motion?

Expert:  dkennedy replied 1 year ago.

Yes, send me a link. Would you mind telling me who filed this motion against you?

 

Customer: replied 1 year ago.

 


he motion is filed in BK court
Trail Attorney Michael Bujold filed the motion


 


attached is my response


 


CELSIE SOLON


CS FINANCIAL SOLUTIONS, INC.


545 N Mountain Ave Suite 209


Upland, CA 91786


Telephone:800-601-643


Defendant in Pro Per



UNITED STATES BANKRUPTCY COURT


CENTRAL DISTRICT OF CALIFORNIA


RIVERSIDE DIVISION












In re:


RONALD A GONZALEZ, SR. and


XXXXX XXXXX


Debtors.



 



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Case No.: 6:13-bk-16459-DS



Chapter 7





MOTION TO DISMISS



TO THE HONORABLE DEBORAH J. SALTZMAN, UNITED STATES BANKRUTPCY JUDGE, THE DEBTORS, CELSIE SOLON, JENNY PEERZ, WEST VALLEY DOCUMENT SERVICE, INC., AND/OR CS FINANCIAL SOLUTIONS, INC.


 


Defendant hereby moves the Court to dismiss Plaintiff’s Complaint with prejudice. Celsie Solon is a Financial Consultant for CS Financial Solutions and not a bankruptcy petition preparer, therefore did not violate Section code 110. The bases for this Motion are set forth in the accompanying Memorandum of Points and the Declarations of Celsie Solon, Lorna Faamafoe and Raquel _______.


 


Dated this 12th day of June, 2013















 



Celsie Solon and


CSFinancialSolutions,Inc.,


Defendant in Pro Per




545 N Mountain Ave Unit209


Upland, CA 91786



CELSIE SOLON


CS FINANCIAL SOLUTIONS, INC.


545 N Mountain Ave Suite 209


Upland, CA 91786


Telephone:800-601-643



UNITED STATES BANKRUPTCY COURT


CENTRAL DISTRICT OF CALIFORNIA


RIVERSIDE DIVISION













In re:


RONALD A GONZALEZ, SR. and


XXXXX XXXXX


Debtors.


 



)


)


)


)


)


)


)


)


)


)



Case No.6:13-bk-16459-DS



Chapter 7



MEMORANDUM IN SUPPORT


OF MOTION TO DISMISS




  1. I. SUMMARY OF ARGUMENT


Celsie Solon a Financial Consultant for CS Financial Solutions is not a bankruptcy petition preparer. Celsie Solon is a financial consultant who offers money management advice to people and businesses. Most people employ consultants for guidance on how to reach long-term financial goals, which may include a debt management plan, investment advice, or developing a savings plan. Celsie Solon had no intent to practice law nor did she represent herself as an attorney. Celsie Solon, as a financial consultant, has successfully helped many clients review their finance which improved their financial needs and preserved their estate. As a financial consultant she retained fees to consult in foreclosure prevention and debit management. Solon never advised Debtor that a bankruptcy filing was necessary to obtain a loan modification. In reviewing their finance Solon advised Debtors that she was not an attorney that they can retain a Bankruptcy Attorney. Celsie Solon and CS Financial Solutions, Inc. did not violate Bankruptcy Code Sectinon 110, because they were retained as consultants and not as Bankruptcy Petition Preparers.


 



  1. II. Factual Background


 



  1. On Sept 13, 2013 Celsie Solon met with Deborah and XXXXX XXXXX to review their financial goals. Deborah and XXXXX XXXXX advised Celsie Solon that there goal was to keep their home and if programs were available to reduce their mortgage payment and overall debts. Celsie Solon reviewed their finance and advised the Debtors that were over leveraged in debt and need to restructure their finances. When reviewing Deborah’s disability income and Ronald’s reduction of salary, plus outstanding credit obligation Celsie Solon gave them advise as a financial consultant and not a Bankruptcy Petition Preparer.

  2. Celsie Solon gave her opinion as a financial consultant that they should consider filling bankruptcy, but that they should consultant with an attorney and they she was not an attorney.

  3. Celsie Solon a representative of CS Financial Solutions collected two retainers as a financial consult in foreclosure prevention for $2500 and debt management for $1500 which is in her scope of business practice as a financial consultant. For Foreclosure Prevention, Celsie Solon researched best options for Debtors to keep their home. Celsie Solon advised to apply for a home loan modification. Celsie Solon has been in negotiations with Debtors’ lenders to review the loan modification request since Sept 2012 and is still continuing to manage their application with the Debtors consent. XXXXX XXXXX signed an authorization to continue to negotiate a loan modification for their behalf.(“Exh.”)13

  4. Celsie Solon and/or CS Financial Solutions did not disclose herself as a BPP on the Bankruptcy petition because she is a financial advisor and does not practice as a (“BPP”). Celsie Solon on behalf of CS Financial Solutions, Inc. collected a retainer for debt management to research for the Debtors the best option to get out of debt. Celsie Solon and CS Financial Solutions was compensated to research debt management solutions and not for bankruptcy petition preparing services.

  5. Celsie Solon is a financial consultant and the fees charged foreclosure prevention and for debt management should not be considered fees for bankruptcy preparation petition. Solon researched options which would best suit the Debtors needs to reach their goal to keep their home. It is not a practice of Celsie Solon and/or CS Financial Solutions, Inc. to advise that a bankruptcy petition would result in approval of Home Loan Modification. Attached are signed declaration (“Exh. 14”), client’s of Celsie Solon and/or CS Financial Solutions describing the process and business practice when they retained Celsie Solon as a consult for CS Financial Solutions, Inc. Celsie Solon has proven results in Foreclosure Prevention without advising clients to file a bankruptcy petition.


 




III.CONCLUSION


Celsie Solon is not a Bankruptcy Petition Preparer but works for a consulting firm that can charge for consulting fees. The Fees collected from Debtors were for Foreclosure Prevention and Debit Management. Since Celsie Solon and


CS Financial Solutions, Inc. did not collect fees for bankruptcy preparation they are not required to disclose that they there are (“BPP”) on the bankruptcy petition. Celsie Solon and/or CS Financial Solutions is not a (“BPP”) so damages that debtors are claiming should be voided because Celsie Solon did not act as a (“BPP”) but as a consultant. Celsie Solon is not a BPP so fines to the US trustee should also be voided because fraud did not occur.


For the reason stated above, Defendant’s Motion to Dismiss should be granted.



Dated this 12st day of June, 2013















 



Celsie Solon and


CSFinancialSolutions,Inc.,


Defendant in Pro Per




545 N Mountain Ave Unit209


Upland, CA 91786



 


 


 


 


 


do you want to see motion too?

Expert:  dkennedy replied 1 year ago.

Please give me a little more information such as who is filing this against you and why is it a Motion to Dismiss? I'm just trying to get all this straight as to why anyone cares if you prepare a petition for bankruptcy, etc.

 

 

 

 

 

 

 

 

 

Customer: replied 1 year ago.


I was trying to attach motion


 


But the back ground on this matter is a client of mine filed a bk petition


I was her financial consultant and advised that her that she needed to get out of debt


our office retained a paralegal to file a pro per bk petition


the attorney of the court is stating that myself, the company I represent the paralegal we retained (together) we acted as a Bankruptcy Petitioner Preparer.


 


If court agrees then I will be fined,

Customer: replied 1 year ago.


It is a motion to dismiss because if I can argue that I am not a BPP, but a consultant then all charges don't stand up

Expert:  dkennedy replied 1 year ago.

From the facts you gave me and the Motion and info I read, your Motion looks entirely appropriate. However, usually you file a Response to a Motion, or Answer to the Motion. Usually you do not file a Motion to get rid of another Motion. You can, however, call it whatever you want in reality. Your factual basis and form looks fine to me. I wouldn't change it, except perhaps to attach as Attachment A, B, C, etc. your retainer or contract you had (if you did), and any other documents to prove your points. Copies, of course, not original documents. Keep those for court. Please follow up with any questions.

dkennedy, Attorney
Category: Bankruptcy Law
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