John Woodruff and Donna Esther Washington-Woodruff

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UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
LOS ANGELES DIVISION
In re
JOHN WOODRUFF and DONNA
ESTHER WASHINGTON-WOODRUFF,
Debtors.
Case No. 2:12-bk-48104-RK
Chapter 7
ORDER DENYING WITHOUT
PREJUDICE MOTION FOR ORDER
APPROVING LOAN MODIFICATION
AGREEMENT OR FOR ORDER
PERMITTING THE PARTIES TO ENTER
INTO SUCH AGREEMENT
[No Hearing Set]
On March 15, 2013, U.S. Bank, N.A., as Trustee for Holders of the Mastr
Adjustable Rate Mortgages Trust 2007-2, filed a motion for order approving a loan
modification agreement or for an order permitting the parties to enter into such an
agreement. On the same date, with this motion, U.S. Bank filed a notice of hearing on
the motion, which was in fact, according to its contents, a notice of opportunity to request
a hearing on the motion pursuant to Local Bankruptcy Rule 9013-1(o).
On April 26, 2013, U.S. Bank filed a declaration re: entry of order without hearing
pursuant to Local Bankruptcy Rule 9013(o), attesting that the 14-day deadline for
requesting a hearing on the motion had passed without any party requesting a hearing
FILED & ENTERED
MAY 08 2013
CLERK U.S. BANKRUPTCY COURT
Central District of California
BY DEPUTY CLERK	tatum
Case 2:12-bk-48104-RK Doc 27 Filed 05/08/13 Entered 05/08/13 14:58:00 Desc
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and that the motion should be granted and an order should be entered without a hearing
on the motion.
On May 6, 2013, in response to U.S. Bank’s declaration re: entry of order without
hearing, debtors John Woodruff and Donna Esther Washington-Woodruff filed a motion
to vacate order approving loan modification agreement entered on April 26, 2013, stating
that they no longer wish to continue with the loan modification. However, no such order
had been entered on April 26, 2013, or thereafter, on the motion of U.S. Bank.
Because debtors have filed a motion to vacate any order on the motion, indicating
their opposition to the motion because they do not want to proceed with the loan
modification, and the court has concerns whether it has subject matter jurisdiction to rule
on the motion because it may be rendering an advisory opinion on the loan modification
agreement and whether the loan modification agreement may constitute a reaffirmation
agreement that does not need court approval pursuant to 11 U.S.C. § 524(c)(6) and (d),
the court hereby denies the motion without prejudice. In re Smith, 409 B.R. 1, 2 (Bankr.
D. N.H. 2009); In re Wofford, 449 B.R. 362, 364-365 (Bankr. W.D. Wis. 2011).
U.S. Bank may refile the motion by noticing the motion for hearing pursuant to the
notice and hearing requirements of Local Bankruptcy Rule 9013-1(c)-(j) rather than the
“negative notice” provisions of Local Bankruptcy Rule 9013-1(o). Such a refilled motion
must be accompanied by a memorandum of points and authorities addressing the
concerns raised by debtors in their motion to vacate and the court in this order.
IT IS SO ORDERED.
###
Date: May 8, 2013
Case 2:12-bk-48104-RK Doc 27 Filed 05/08/13 Entered 05/08/13 14:58:00 Desc
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NOTICE OF ENTERED ORDER AND SERVICE LIST
Notice is given by the court that a judgment or order entitled ORDER DENYING WITHOUT PREJUDICE
MOTION FOR ORDER APPROVING LOAN MODIFICATION AGREEMENT OR FOR ORDER
PERMITTING THE PARTIES TO ENTER INTO SUCH AGREEMENT 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:
I. 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 8, 2013, 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:
Robert S Lampl advocate45@aol.com
Kahlil J McAlpin kahlil24@aol.com
Jason M Rund (TR) trustee@srlawyers.com, jrund@ecf.epiqsystems.com
United States Trustee (LA) ustpregion16.la.ecf@usdoj.gov
Kristin S Webb bknotice@rcolegal.com
Service information continued on attached page
II. 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, first class, postage prepaid, to the following person(s) and/or entity(ies) at the
address(es) indicated below:
John Woodruff
Donna Esther Washington-Woodruff
4440 W. 58th Street
Los Angeles, CA 90043
Service information continued on attached page
III. 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:
Service information continued on attached page
Case 2:12-bk-48104-RK Doc 27 Filed 05/08/13 Entered 05/08/13 14:58:00 Desc
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