Reporting Back - Fwd: Substituting in for pro se debtor
Posted: Fri Apr 26, 2013 3:33 pm
One for the Consumers!!! I love it! Great work.
Christine
On Thu, Apr 25, 2013 at 10:40 AM, PHiLiP E. KOeBeL, Esq. wrote:
> **
>
>
>
> i just wanted to report back that this week I tried Attorney Benevento's
> idea of filing a Notice of Appearance for a pro se debtor instead of
> substituting into her C13 case with WB.
>
> I did it explicitly because i came in on the last day before a hearing on
> a motion for relief from stay for which the Debtor had filed no opposition.
>
> i filed the Notice of Appearance and a Declaration of Opposition from the
> Debtor and couriered it to WB by 4:30 pm the day before the 10 am hearing.
> we had compelling evidence - certified copy of death certificate showing
> titleholder had died a year before he purportedly signed the grant deed
> that allowed for the mortgage.
>
> i went to the hearing with the Debtor and i explained to the court that i
> was not substituting into the whole case, but appearing specially for the
> pro se Debtor. i have never seen that work before.
>
> WB asked opposing counsel if they objected to the Notice of Appearance. He
> did not articulate an objection to the Notice - probably because he was
> flummoxed about the late-filed opposition. WB said "I'll allow it" - e.g.,
> she allowed my special appearance.
>
> we had a healthy argument and i was able to present said compelling
> evidence.
>
> the bank had asked for relief from stay, waiver of 4001(a)(3), and
> annulment. WB granted them relief from stay (of course) to proceed with UD
> lockout, but denied the 4001(a)(3) waiver and denied the annulment. told
> bank they would have to get a new writ of possession.
>
> bank counsel was destroyed. sought me out to wag his finger at me and said
> "You are a crook."
>
> he was right. i stole that victory like Larry Bird stole that inbound pass.
>
> Thanks Attorney Benevento. that was a great idea.
>
>
>
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
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Blog: www.losangelesbankruptcylawmonitor.com
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One for the Consumers!!! I love it! Great work.ChristineOn Thu, Apr 25, 2013 at 10:40 AM, PHiLiP E. KOeBeL, Esq. <lawofpek@gmail.com> wrote:
i just wanted to report back that this week I tried Attorney Benevento's idea of filing a Notice of Appearance for a pro se debtor instead of substituting into her C13 case with WB.
I did it explicitly because i came in on the last day before a hearing on a motion for relief from stay for which the Debtor had filed no opposition.i filed the Notice of Appearance and a Declaration of Opposition from the Debtor and couriered it to WB by 4:30 pm the day before the 10 am hearing. we had compelling evidence - certified copy of death certificate showing titleholder had died a year before he purportedly signed the grant deed that allowed for the mortgage.
i went to the hearing with the Debtor and i explained to the court that i was not substituting into the whole case, but appearing specially for the pro se Debtor. i have never seen that work before.
WB asked opposing counsel if they objected to the Notice of Appearance. He did not articulate an objection to the Notice - probably because he was flummoxed about the late-filed opposition. WB said "I'll allow it" - e.g., she allowed my special appearance.
we had a healthy argument and i was able to present said compelling evidence.the bank had asked for relief from stay, waiver of 4001(a)(3), and annulment. WB granted them relief from stay (of course) to proceed with UD lockout, but denied the 4001(a)(3) waiver and denied the annulment. told bank they would have to get a new writ of possession.
bank counsel was destroyed. sought me out to wag his finger at me and said "You are a crook."he was right. i stole that victory like Larry Bird stole that inbound pass.
Thanks Attorney Benevento. that was a great idea.
-- Christine A. Wilton, Esq.Law Office of Christine A. WiltonOur New Office Location:12650 Hoover StreetGarden Grove, CA 92841Mailing:
4067 Hardwick Street, Suite 335Lakewood, CA 90712Office: 877-631-2220Cell: 562-824-7563Fax: 1-636-212-7078Email:
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