Felipe Dabao Zulueta

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Decision
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	Case No. 10-42479 J
Chapter 13
FELIPE DABAO ZULUETA, JR., Date: 11/03/10
Debtor./ 	Time: 9:30 a.m.
Ctrm: 215
DECISION
On November 3, 2010, a hearing was held on the objection filed
by Felipe Dabao Zulueta, Jr. (“Zulueta”), the above debtor, to the
proof of claim filed herein by Deutsche Bank National Trust Co., as
Trustee (“Deutsche Bank”). 	By his objection, Zulueta challenges
Deutsche Bank’s standing to file the claim.
At the hearing, Deutsche Bank made an offer of proof, which the
court accepted, that showed that Zulueta signed the original of the
promissory note at issue to the order of IndyMac Bank (“IndyMac”),
and also signed a deed of trust to secure that note. 	By an
Assignment of Deed of Trust dated April 30, 2008, Indymac assigned
the deed of trust and the note it secures to Deutsche Bank.
Signed: November 09, 2010

EDWARD D. JELLEN
U.S. Bankruptcy Judge

Entered on Docket
November 12, 2010
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 10-42479 Doc# 53 Filed: 11/09/10 Entered: 11/12/10 15:27:20 Page 1 of 3

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2	Decision
Deutsche Bank brought the originals of the note and deed of trust to
the hearing.
At the hearing Deutsche Bank also tendered a Pooling and
Servicing Agreement by which IndyMac was to service the loan on
behalf of Deutsche Bank, and a Notice of Assignment by which Zulueta
was notified that effective March 19, 2009, IndyMac had transferred
the servicing of the loan to IndyMac Mortgage Services, a division
of One West Bank.
The foregoing documents establish that Deutsche Bank is the
holder of Zulueta’s note at issue, and that One West Bank (through
its IndyMac Mortgage Services division) is the servicer of the loan.
The court finds that Deutsche Bank had standing to file a proof
of claim herein in respect of the loan at issue. 	The court will
therefore issue its order overruling Zulueta’s objection to Deutsche
Bank’s claim.
END OF ORDER
Case: 10-42479 Doc# 53 Filed: 11/09/10 Entered: 11/12/10 15:27:20 Page 2 of 3

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3	Decision
COURT SERVICE LIST
Felipe Dabao Zulueta, Jr.
399 Madera Street
Brentwood, CA 94513
Joseph Chun, Esq.
McCarthy & Holthus, LLP
1770 Fourth Avenue
San Diego, CA 92101
Case: 10-42479 Doc# 53 Filed: 11/09/10 Entered: 11/12/10 15:27:20 Page 3 of 3