1:11-ap-01109•DenBeste v. Mazzaferri
Full text
Entered on Docket May 31, 2011 GLORIA L. FRANKLIN, CLERK U.S BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA Case: 11-01109 Doc# 24 Filed: 05/31/11 Entered: 05/31/11 13:21:34 Page 1 of 3
Case: 11-01109 Doc# 24 Filed: 05/31/11 Entered: 05/31/11 13:21:34 Page 2 of 3
Case: 11-01109 Doc# 24 Filed: 05/31/11 Entered: 05/31/11 13:21:34 Page 3 of 3
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
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.