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Bankruptcy court trial hearing Brief needed. I am a

Creditor, already finished a Rule...
Bankruptcy court trial hearing Brief needed. I am a Creditor, already finished a Rule 2004 exam on Debtor, out of court. I must file brief and exhibits by this Friday.
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Customer reply replied 1 year ago
I have submitted a subpoena via email to my processor, to be served on Debtor, and notice then sent to his attorney. Do I have to file a motion for that? I plan on questioning the debtor the same way I did on his 2004, when he only answered maybe 25 out of 150 questions, with his attorney objecting to most in the beginning. I am trying to get my 2 proof of claims dismissed from discharge due to lack of good faith.
Customer reply replied 1 year ago
i have reviewed some sample briefs on line, but were very complex. Is there a template or format available?
Customer reply replied 1 year ago
I have a degree in English frum U.C Berkeley, but, no law degree, and have been walking thru this mine field pro se.
Customer reply replied 1 year ago
Sorry, more questions, but just thinking of them while waiting for you. This case goes back to 2012 when debtor leased a house from me for two years. After 6 months, the overhead garage door fastener pulled from the wall, and a small piece hit his 53 buick project car, putting a 1 1/2 inch scratch in it. He got estimates, which were high, and asked me to submit it to my homeowners insurance. I told him that was fraud, he needed renters insurance. 6 months later, he broke the lease, leaving in the dead of night. I sued in small claims for $2700 in unpaid rent; he countered with $10,000 discrimination and other counts, demanding a Jury trial. I won, 2 years and $25,000 in lawyers fees later. I was awarded $20,000 back 6 months later, and began w certified demand letters, County Income Exams scheduling, and finally, wage garnishment. Debtor never answered any certified letters, and filed for BK just before i was to get 1st chk from garnishment. He also filed another small claims for car damage after losing jury trial, which was res judicata, and I was awarded another $1,000 from my counter for harassment....thus, my 2nd Proof of claim.
Customer reply replied 1 year ago
all this was brought out in my questioning during 2004 exam. Will there be any problem in me bringing up this history of bad faith going back past normal year or two of BK limit??
Answered in 3 days by:
3/1/2017
Law Educator, Esq.
Category: Bankruptcy Law
Satisfied Customers: 126,935
Experience: Attorney At Law handling education matters.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to move the court for a debtor's examination under oath. You would serve the other party and his attorney with the motion for the debtor's examination and subpoena.
You can bring up his past conduct, but under the rules of evidence it can be used only to show his propensity for not paying debts and for being dishonest, you cannot use it to prove this debt is owed to you. You need to show a continued history, you cannot just show one or two instances from years ago, but if there is a continued pattern of conduct of dishonesty, that would be admissible to character.
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Law Educator, Esq.
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Customer reply replied 1 year ago
ok too late for all the above. Now, I am in the middle of writing my brief, which has to be in by this Friday at the latest. I need some case files on debtors making errors in filling out the petition schedule, and anything else regarding bad faith, which is my main argument for dismissal. Also, my 2 proof of claims are for award judgments, one for $1,000 and the other for 19,000. The other creditors are just credit card bills or loans. Do I have any preference or grounds for dismissal ?
Customer reply replied 1 year ago
STATEMENT OF FACTS
Creditor MICHAEL BENNARDO (herein referred to as “Creditor”) does hereby submit the following brief for trial on March 10, 2017 at 10:00 a.m. from the Petition for Bankruptcy by Debtor Robert P. Still (herein referred to as “Debtor”), Case # ***** filed September 29, 2016. Appearances here are as noted on the record.CREDITORS’ concern remains his OBJECTION TO CONFIRMATION and subsequent request for RELEASE FROM DISCHARGE of his two (2) separate PROOF OF CLAIMS. Creditor attended Confirmation Hearing on 11/03/2016, wherein Debtor was briefly questioned. Creditor subsequently filed an OBJECTION TO CONFIRMATION of the Plan on 11/18/2016. Creditor then submitted a motion for a Rule 2004 Examination on 01/ 10/2017, which was granted during Courtroom Hearing on 01/17/2017. Rule 2004 Exam was conducted on 2/06/2017 in a conference room location agreed to by all parties in Pleasanton, CA, after a limited inspection of Debtor’s garage pursuant to instructions from presiding Honorable Judge Roger G. Efremsky, and will be referenced herein. The garage visit was in search of possible hidden properties of value, including a Kawasaki motorcycle, CA license #90080, and one 1953 Buick convertible. The older red Buick just mentioned became the focus of Debtor Still’s wrath since early 2013. He has since resorted to any means necessary to achieve restoration of the machine, including fraud, impending misuse of litigation, false statements during sworn testimony, and lack of good faith throughout the court system, including, but not limited to, this federal case.Debtor Still was one of forty eager applicants filling out forms in hopes of becoming the next tenant of Creditor’s house for lease in an upscale neighborhood of Pleasanton CA. Mr. Still informed Creditor he had applied to the same property two years before. Debtor signed a two-year lease, and moved in that September. On an evening in January, 2013, a malfunction of the electric garage door structure caused the left side spring-loaded fastener to loosen from the wall stud. The door slipped off the overhead guide, and hung precariously on the left side of the roll-up track. The door was repaired the next day, when Debtor showed Creditor a small metal piece had broken off the door fastener, causing a noticeable scratch 1½ -inches long on the left front fender of his 1953 Buick project (see exhibit C-11). Creditor then called a local body shop to inquire if the fender could be fixed there in the garage, since the car was not running. The Body Shop owner pointed out the “Checked” lines throughout the paint finish, remarking that the entire car would need sanding down to bare metal, all cracks and dents filled and ground, then primed, re-sanded, and re-primed before painting. She said she wouldn’t touch it, and didn’t know anyone who would. Debtor then mentioned he had a friend with a shop close by, and would ask him. Creditor asked if Debtor had purchased renters’ insurance as was suggested to him shortly after move in, reminded Debtor of the “Indemnification” clause on his lease, but received no response. Debtor then asked if Creditor couldn’t just put the car repair cost on his home owners’ insurance. Creditor explained that would be fraud. However, within a few weeks, Debtor mailed a body repair estimate, with a letter again asking Creditor to conspire with him to commit fraud (C-10). Creditor refused, unaware of the Debtor’s lack of good faith would continue, and grow.
Months later, Creditor was at the lease property installing a new lawn and sprinklers near the sidewalk. Creditor noticed security lights had been installed under the eaves, which was a lease violation. Creditor decided to check the door locks, and found both been changed. Creditor immediately called Debtor, explaining the severe lease violation, New keys were not furnished until a month and a half later, after Debtor had refused a month’s rent, and moved out in the dead of night, breaking the lease. Creditor underestimated the depth of Debtor’s lack of good faith. Next, Creditor filed a small claims suit for unpaid rent and per diem charges beyond one month, totaling $2700. Debtor responded by countersuing for $10,000 in discrimination and other imaginary charges, and furthering his venom by demanding a jury trial. Attorneys for Creditor informed him the jury trial and inflated amount of counter suit is a common ploy with which to intimidate Landlords into dropping such cases. Creditor was not moved, and decided to risk the legal expense, based on principle. Many months, and over $25,000 in attorney fees later, the case was settled by verdict in Superior Court. The jury found in my favor for 7 of 8 counts, the seventh of which was finding no negligence on my part of any damaged to the Buick. Please note: this verdict came in October, 2015…more than two years after he moved out (Proof of claims, 1). Our lawyers met in early February 2016 to discuss fee payment, as we later
Customer reply replied 1 year ago
as we later finally received notice that I was indeed the prevailing party, and would be awarded a large portion of my attorney’s fees and court costs.
During the two years of Court, Debtor had to have been paying similar fees which put me over $25,000 in arears. Now that I won, he knew he would have to find some way to pay off my attorneys. Regardless, Debtor then proceeded to borrow a down payment from one of his creditors in this case, and purchased a house on the shores of Lake Don Pedro, thus acquiring a secure debt and real estate investment at the same time. Good faith seemed totally absent.
Debtor may have learned about the difference between secured and unsecured debts in his previous BK. His Chapter 7, Case #***** Northern Region of California Bankruptcy is entered on 09/30/2016 as Standard Discharge under NOTICE OF DEBTOR’S PRIOR FILINGS, on the same docket page as this trial.
But Debtor was just getting started. The jury trial was expensive to both parties, with Creditor’s lawyer fees over $25k, as mentioned. Since Debtor used a larger law firm, Creditor assumed Debtors’ fees wore about the same, or perhaps even more. Unbeknown to Creditor, sometime between November 2015 and February 2016, Debtor opened escrow to purchased property in Tuolumne County. One may consider Debtor’s intent, wherein he had not owned property in over ten years, and knew losing the jury trial was going to add to the debt he amassed paying attorney fees for over two years prior. Debtor nonetheless closed escrow April 10, 2016. He filed a new suit vs. Creditor in February, 2017, for a small claims trial in March, again seeking payment for damages to his Buick. Creditor’s first response was to send a certified letter to Debtor, advising Debtor any litigation per the Buick would be res judicata, frivolous, and create sanctions against him. The certified letter was returned after three attempts, never unsealed (D-1). During the opening of the ensuing trial, Honorable Judge Rasch asked Debtor, under oath, if this matter had been litigated before…and the Debtor replied, “NO”. (Ref. 2004 exam) When, in fact, the 7th cause of action in the earlier jury trial was for damage to the same Buick. Thus, Debtor perjured himself. The case was decided in less than one day, and the remarks by the judge are in the Entry of Record, in my Proof of Claims, wherein his honor states Debtor’s case was filed, “…in bad faith.” (C-2).
Subsequently, on May 31, this Creditor was finally awarded the attorney fees and court cost from the jury trial, (proof of claim, 1), and began requesting settlement payments, possibly through installments, via certified U.S. Mail demand letters, none of which was ever opened by Debtor (E), continuing his behavior lacking good faith.
This Creditor then filed papers for judicial award recovery with Alameda County and the State of California. An APPLICATION AND ORDER FOR APPEARANCE, as well as a JUDGEMENT DEBTOR’S STATEMENT OF ASSETS were both submitted and sent via certified U.S. Mail to Debtor, but never filled out, or sent in (F-1). This Debtor remained consistent regarding his lack of good faith, in failure to acknowledge any part of files or correspondence from this Creditor, as evidenced in his refusal to accept certified deliveries of either this Creditor’s OBJECTION TO CONFIRMATON (G-1), nor the MOTION FOR RULE 2004 EXAMINATION (H-1).
Joycelaw
Joycelaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 124
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Thank you for your reply. I am sorry also I did miss telling you about the brief.
Those brief samples you have, that is what they have. There are no real fill in the blank templates, lawyers write those from scratch, sometimes using other briefs they have written as guides. So now you are being a lawyer in addition to the English PhD, you too will get to enjoy the pain we lawyers go through drafting these briefs (just trying to add some levity for you in this stressful situation).
You need to tie those past acts together in your brief by stating that these continuous and multiple acts to evade payment and deprive creditors from payments show that these acts are intentional and not merely incidental and thus should rise to the level of fraud to preclude discharge in bankruptcy.
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Customer reply replied 1 year ago
TYVM for your reply. I am not starting my "argument", and looking for additional rule violations to include here. I may have mentioned was granted and held a Rule 2004 exam, out of Court, wherein the Debtor Attorney continually interrupted and objected. Of 150 Questions asked, Debtor may have answered 20. Nonetheless, I have quite a bit to include as evidence, since I will be filing the entire 2004 transcript, with exhibits, as evidence. I need to finish the argument and conclusion tomorrow, and will try to send it to you here for review before packaging and delivery Friday. Wish me luck, Thanks for your help.
Mike B.
Pleasanton, CA

Thank you for your reply.

I wish you the best.

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