Judge Bufford and MFR hearings.
Posted: Thu May 08, 2008 7:00 am
Dear Fellow Members:
??????? Movants in REAL PROPERTY RFS matters before Bufford (he has only Ch7s and Ch11s)?are informing their clients that in order to attempt to get their motions granted when it involves REAL PROPERTY, the client has to commit to providing the original NOTE at the hearing for the Judge to review from the bench (thank Professor Porter's law article from U of Iowa) and must have the declarant present at the hrg to be examined by the Court.? In this situation, the movant's atty must lay the foundation for the declarant's knowledge?of the account.? Judge Bufford is conducting 2 separate inquiries: 1) is the movant the actual secured party (and thus has he ORIGINAL NOTE) and 2). does the declarant actually have the requisite knowledge?of the account to be able to testify to the facts of the motion.? The Court has denigrated declarants that only read the information off of a computer screen and are not the actual individuals?inputting the transactions (which is almost all institutional lenders and ones that use servicers by the way).??????
?????? Thus far, the NOTES are being provided?sporadically and 4 declarants have been examined by the Court.??Only 1 RFS motion has been granted and this was because it was a small lender (not an institution) and the owner of the company was the one inputting all transactions in the account (Lee Raphael was the able atty for the Movant).? Otherwise, few RFS motions are being granted.? Many are continued once to allow for travel arrangements?for?the declarant to be made which then seem to fall apart.? Otherwise, most of the motions are being DENIED for lack of prosecution for failure to provide the NOTE and the DECLARANT.
Most Movants are not filing RFS motions and instead waiting for the NO ASSET REPORT from the estate and the DISCHARGE?of?the DEBTOR.?
Hope this helps.
Keith Higginbotham
To: cdcbaa@yahoogroups.com
Sent: Wed, 7 May 2008 11:46 pm
Subject: [cdcbaa] Judge Bufford and MFR hearings.
Doea anyone know if creditors are actually compying with Judge Bufford's order to show up to the MFR hearings with the Note and DOT?
?
M. Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.BLClaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
Dear Fellow Members:
Movants in REAL PROPERTY RFS matters before Bufford (he has only Ch7s and Ch11s) are informing their clients that in order to attempt to get their motions granted when it involves REAL PROPERTY, the client has to commit to providing the original NOTE at the hearing for the Judge to review from the bench (thank Professor Porter's law article from U of Iowa) and must have the declarant present at the hrg to be examined by the Court. In this situation, the movant's atty must lay the foundation for the declarant's knowledge of the account. Judge Bufford is conducting 2 separate inquiries: 1) is the movant the actual secured party (and thus has he ORIGINAL NOTE) and 2). does the declarant actually have the requisite knowledge of the account to be able to testify to the facts of the motion. The Court has denigrated declarants that only read the information off of a computer screen and are not the actual individuals inputting the transactions (which is almost all institutional lenders and ones that use servicers by the way).
Thus far, the NOTES are being provided sporadically and 4 declarants have been examined by the Court. Only 1 RFS motion has been granted and this was because it was a small lender (not an institution) and the owner of the company was the one inputting all transactions in the account (Lee Raphael was the able atty for the Movant). Otherwise, few RFS motions are being granted. Many are continued once to allow for travel arrangements for the declarant to be made which then seem to fall apart. Otherwise, most of the motions are being DENIED for lack of prosecution for failure to provide the NOTE and the DECLARANT.
Most Movants are not filing RFS motions and instead waiting for the NO ASSET REPORT from the estate and the DISCHARGE of the DEBTOR.
Hope this helps.
Keith Higginbotham
To: cdcbaa@yahoogroups.com
Sent: Wed, 7 May 2008 11:46 pm
Subject: [cdcbaa] Judge Bufford and MFR hearings.
Doea anyone know if creditors are actually compying with Judge Bufford's order to show up to the MFR hearings with the Note and DOT?
M. Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.BLClaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
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