James Earl Rogers

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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MEMORANDUM
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	Case No. 10-43310 J
Chapter 13
JAMES EARL ROGERS, JR.,
Debtor./
MEMORANDUM RE SECOND MOTION FOR RECONSIDERATION
James Earl Rogers, Jr., the above debtor (“Rogers”), has
requested this court to reconsider its Order filed May 13, 2010
dismissing this chapter 13 case. 	The court had ruled at a hearing
held February 14, 2011 that it intended to dismiss this case, but
stayed dismissal until March 7, 2011 to allow Rogers to request
reconsideration of the dismissal. 	Rogers requested reconsideration.
A hearing was held on said date, at which U.S. Bank and Martha
Bronitsky, chapter 13 trustee, opposed reconsideration. 	The court
ruled that it would deny Rogers’s motion.
Rogers now claims that he did not have adequate time to respond
to U.S. Bank’s opposition to his motion for reconsideration, and
that he has additional information he wishes the court to consider.
Rogers alleges, among other things, that U.S. Bank wrongfully
Signed: March 14, 2011

EDWARD D. JELLEN
U.S. Bankruptcy Judge

Entered on Docket
March 14, 2011
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 10-43310 Doc# 125 Filed: 03/14/11 Entered: 03/14/11 12:12:35 Page 1 of
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UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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2	MEMORANDUM
instituted foreclosure proceedings against his property, overcharged
him, wrongfully refused to credit payments made, defrauded him in
the loan process, and illegally increased the interest rate on his
loan. 	Rogers states that he intends to retain counsel to assist him
in a lawsuit against U.S. Bank.
The foregoing allegations by Rogers relate to issues of
California law, and are best resolved in a forum other than the
bankruptcy court. 	The court will therefore deny reconsideration,
but will stay its Order of Dismissal filed May 13, 2010 until March
23, 2011 to provide Rogers with additional time to retain counsel,
if he so wishes.
END OF ORDER
Case: 10-43310 Doc# 125 Filed: 03/14/11 Entered: 03/14/11 12:12:35 Page 2 of
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UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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3	MEMORANDUM
COURT SERVICE LIST
All Recipients
Case: 10-43310 Doc# 125 Filed: 03/14/11 Entered: 03/14/11 12:12:35 Page 3 of
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