Phillip Maurice Bedford

4:05-bk-43710CanbMar 16, 2006

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 05-43710 TD
Chapter 7
PHILLIP MAURICE BEDFORD,
Debtor.
_____________________________/
MEMORANDUM RE MOTION TO RECONSIDER
The 	above-captioned 	case 	was 	commenced 	on 	July 	7, 	2005 	as 	a
chapter 13 case. 	It was converted to chapter 7 on January 23, 2006.
A 	meeting 	of 	creditors 	was 	duly 	noticed 	for 	February 	21, 	2006.
According to the docket, the debtor did not appear at the meeting of
creditors. 	Accordingly, 	a 	continued 	date 	for 	the 	meeting 	of
creditors was scheduled for March 21, 2006. 	An order was issued and
served on the debtor, indicating that, if the debtor did not appear
at the new meeting of creditors, the case would be dismissed without
further notice or hearing.
On March 8, 2006, the debtor filed a motion to reconsider. 	No
proposed order was submitted. 	In the motion, the debtor takes issue
with 	the 	statement 	on 	the 	docket 	that 	he 	did 	not 	appear 	at 	the
February 	21, 	2006 	meeting 	of 	creditors. 	He 	contends 	that 	he 	did
Signed: March 16, 2006
________________________________________
LESLIE TCHAIKOVSKY
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
March 17, 2006
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 05-43710 Doc# 40 Filed: 03/16/06 Entered: 03/17/06 14:36:56 Page 1 of 3
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appear and that the trustee’s representative agreed to continue the
meeting. 	He 	states 	that 	he 	does 	intend 	to 	appear 	at 	the 	continued
meeting but asks that the order proposing to dismiss the case if he
does not be vacated.
The Court has no way to determine whether the docket’s statement
that 	the 	debtor 	did 	not 	appear 	at 	the 	February 	21, 	2006 	meeting 	of
creditors 	is 	inaccurate. 	Moreover, 	there 	is 	no 	evidence 	that 	the
debtor 	served 	a 	copy 	of 	the 	motion 	to 	reconsider 	on 	the 	trustee.
Consequently, 	the 	Court 	will 	neither 	grant 	or 	deny 	the 	motion 	to
reconsider at this time. 	If the debtor wants a ruling on his motion,
he should serve a copy of the motion on the trustee and file a proof
of service indicating he has done so on the trustee. 	If he does so
and if a proposed order granting the motion is submitted, the Court
will consider how to proceed after five business days have elapsed.
However, 	if 	the 	debtor 	appears 	at 	the 	March 	21, 	2006 	meeting 	of
creditors, the issue will be moot.
END OF DOCUMENT
Case: 05-43710 Doc# 40 Filed: 03/16/06 Entered: 03/17/06 14:36:56 Page 2 of 3
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COURT SERVICE LIST
Phillip Maurice Bedford
P.O. Box 71
Oakland, CA 94604
Lois I. Brady
P.O. Box 12754
Oakland, CA 94604
Case: 05-43710 Doc# 40 Filed: 03/16/06 Entered: 03/17/06 14:36:56 Page 3 of 3

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