Stephen Law

OCR transcription for search; preserved printed pages are authoritative

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In re:

Case 2:04-bk-10052-TD Doc 339 Filed 05/06/09 Entered 05/06/09 18:14:46 Desc.

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- ENTERED oi | x |
MAY - 6 2009

i-——TIERELUS BAMERUPTOV CORT.
CENTRAL GISTRIGT OF CALIFORMIA |<
By Deputy Clack

AO.

gem FI LED roy

MAY: ~ 6 2009

cena OBTAICTOF Gh ar

UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA

Case No: 2:04-bk-10052-TD

Stephen Law, Chapter: 7

ORDER IN RESPONSE TO BAP’S ORDER
GRANTING LIMITED REMAND

Debtor.

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AUTHEN
U.S. GOVER|
INFORMA

On April 23, 2009, the Bankruptcy Appellate Panel (“BAP”) entered an order granting a limited

remand of Debtor’s appeal of my Memorandum Decision Regarding Trustee’s Motion to Surcharge
Debtor’s Homestead Exemption, entered February 20, 2009. The issue remanded was whether or not to
certify Debtor’s appeal pursuant to 28 U.S.C. § 753(f), which states that fees for transcripts furnished to
persons permitted to appeal in forma pauperis shall be paid by the United States if “the trial judge ora

circuit judge certifies that the suit or appeal is not frivolous (but presents a substantial question).””!

ICATED
MENT

TION
GPO

| The issue of whether Debtor may proceed in forma pauperis was transferred to the District Court. See
the BAP’s Order Transferring Motion to United States District Court for Limited Purpose of Ruling on

Motion Under 28 U.S.C. § 1915, filed April 23, 2009.

-1

ee eee

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Case 2:04-bk-10052-TD Doc 339 Filed 05/06/09 Entered 05/06/09 18:14:46 Desc
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The issue resolved in my Memorandum Decision was whether Debtor’s homestead exemption
should be surcharged. 1 concluded that Debtor’s entire homestead exemption must be surcharged,
based on evidence demonstrating that his pattern of conduct throughout his bankruptcy amounted “to a
fraud on the court and the debtor’s creditors” and increased administrative costs in the estate
substantially. In re Onubah, 375 B.R. 549, 554 (9th Cir. BAP 2007). In so concluding, I resolved
substantial questions of fact and law that are properly the subject of an appeal.” Therefore, I hereby

CERTIFY that Debtor’s appeal is not frivolous, but presents a substantial question.

DATED: | & le 9 Chr Bh tn gates —
ONORABLE THOMAS B. DONOVA

UNITED STATES BANKRUPTCY JUDGE

21 note the irony that, if the BAP affirms my decision, it will have found that Debtor’s pattern of conduct
throughout this proceeding, including his bankruptcy filing, was based on fraud—in essence, that all of
Debtor’s filings have been frivolous. I nevertheless believe that Debtor’s appeal presents substantial
factual and legal questions that should be ruled on by the BAP. It would be inappropriate for me to

effectively affirm my own decision by preventing Debtor from appealing my findings.

—

sn OO of

o ow

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Case 2:04-bk-10052-TD Doc 339 Filed 05/06/09 Entered 05/06/09 18:14:46 Desc
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NOTE TO USERS OF THIS FORM:

1} Attach this form to the last page of a proposed Order or Judgment. Do not file as a separate document.

2) The title of the judgment or order and all service information must be filled in by the party lodging the order.

3) Category I. below: The United States trustee and case trustee (if any) will always be in this category.

4) Category Il. below: List ONLY addresses for debtor (and attorney), movant (or attomey) and person/entity (or
attorney) who filed an opposition to the requested relief. DO NOT list an address if person/entity is listed in category I.

NOTICE OF ENTERED ORDER AND SERVICE LIST

Notice is given by the court that a judgment or order entitled ORDER IN RESPONSE TO BAP’S ORDER
GRANTING LIMITED REMAND was entered on the date indicated as “Entered” on the first page of this
judgment or order and will be served in the manner indicated below:

|. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) - Pursuant to controlling

General Order(s) and Local Bankruptcy Rule(s), the foregoing document was served on the following
person(s) by the court via NEF and hyperlink to the judgment or order. As of May 5, 2009, the following
person(s) are currently on the Electronic Mail Notice List for this bankruptcy case or adversary proceeding to
receive NEF transmission at the email address(es) indicated below.

sgubner@ebe-law.com

ustpregion16.la.ecf@usdoj.gov

(] Service information continued on attached page

ll. SERVED BY THE COURT VIA U.S. MAIL: A copy of this notice and a true copy of this judgment or order
was sent by U.S. Mail to the following person(s) and/or entity(ies) at the address(es) indicated below:

Hon, Dennis Montali, BAP No. CC-09-1077
PO Box 7341
San Francisco, CA 94120-7341

Stephen Law
P O Box 93562
City of Industry, CA 91715-3362

Alfred H Siegel

Siegel, Gottlieb, Mangel & Levine
15233 Ventura Blvd., 9th Floor
Sherman Oaks, CA 91403-2201
(818) 325-8441

CL] Service information continued on attached page

ll. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment or
order which bears an “Entered” stamp, the party lodging the judgment or order will serve a complete copy
bearing an “Entered” stamp by U.S. Mail, overnight mail, facsimile transmission or email and file a proof of
service of the entered order on the following person(s) and/or entity(ies) at the address(es), facsimile
transmission number(s) and/or email address(es) indicated below:

C) Service information continued on attached page