DenBeste v. Mazzaferri

OCR transcription for search; preserved printed pages are authoritative

Entered on Docket
May 31, 2011

GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA

ld

YN DH WN f

UNITED STATES BANKRUPTCY COURT
8 NORTHERN DISTRICT OF CALIFORNIA
9 || In re

10 || PAUL DEN BESTE, No. 10-13558
i Debtor(s), .

12
PAUL DEN BESTE,
13
14 Plaintiff(s),

15 V. A.P. No. 11-1109

16 |} EDITH MAZZAFERRI,

17 Defendant(s).
18
19 Memorandum on Motion for Summary Judgment
20

Plaintiff has filed a crude motion for summary judgment, supported only by a declaration
: reciting that the allegations in the complaint are true. There is no real opposition to the motion, but it
“ still cannot.be granted unless it demonstrates that plaintiff is entitled to judgment as a matter of law.
- Robinson vy. Wix Filtration Corp., LLC, 599 F.3d 403, 409n8 (4" Cir. 2010).
: In order for a plaintiff to be entitled to a judgment pursuant to § 362(k) of the Bankruptcy
. Code, the violation of the automatic stay must be shown to be willful. This requires evidence that the

Us.covernMS@. 11-01109 Doc#24 Filed: 05/31/11 Entered: 05/31/11 13:21:34 Page1of3

INFORMATIO!
GPO

1 || defendant knew about the automatic stay. Jn re Ozenne, 337 B.R. 214, 220 (9m Cir. BAP 2006).

bo

Plaintiff's motion does not establish a willful violation of the automatic stay. Accordingly, it cannot

3 }| be granted. Either party may submit an appropriate form of order.

a

Dated: May 31, 2011

4a HR wv

10
11
12
13

14
15

16
17

tO

Case: 11-01109 Doc#24 Filed: 05/31/11 Entered: 05/31/11 13:21:34 Page 2 of 3

1] CERTIFICATE OF MAILING

3 The undersigned deputy clerk of the United States Bankruptcy Court for the Northern District
4 || of California hereby certifies that a copy of the attached document was mailed to all parties listed

5 || below as required by the Bankruptcy Code and Rules of Bankruptcy Procedure.

Dated: May 31, 2011 Linda Jerge
Linda Jerge, Deputy Court Clerk

aos DN

so

10 || Paul R. DenBeste
30357 River Rd.
11 |} Cloverdale, CA 95425

12 || Edith Mazzaferri
599 Oregan St.
13 || Sonoma, CA 95426

Case:11-01109 Doc#24 Filed: 05/31/11 Entered: 05/31/11 13:21:34 Page 3 of 3