Joseph R. Locsin

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United States Bankruptcy Court

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Northern District of California

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INFORMATION

Entered on Docket
June 24, 2011

GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA

FIL
JUN 23 204

BANKRUPTCY COURT
OAKLAND, CALIFORNIA

UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA

OAKLAND DIVISION

In re JOSEPH R. LOCSIN, )
) Case No. 11-42277WJL
) Chapter 7
)

Debtor. ) RS DJB-037

) Hearing: June 15, 2011 at 10:30am
)

DECISION RE MOTION FOR RELIEF FROM STAY

The Motion of Citibank, N.A. for relief from the automatic stay came on for hearing before
the undersigned Bankruptcy Judge at the above-referenced date and time. David Boyer appeared for
Citibank, N.A., the moving party. Joseph Locsin, the Debtor, also appeared.

At the conclusion of the hearing the Court indicated its willingness to grant the Motion as
prayed, provided however that the Court wished to consider further the issue whether cause had
been demonstrated to have the automatic stay of Section 362(a) of the Bankruptcy Code annulled as
of the commencement of this case, with respect to the subject property at 1207 Devonwood,
Hercules, CA 94547 (the “Property”), rather than merely terminated. The Court took the matter
under submission solely to consider this issue.

Having reviewed the Motion and supporting papers, and having considered the arguments of
counsel and the Debtor, and good cause appearing, the Court concludes that this is an appropriate
instance in which to annul the automatic stay as of the petition date with respect to the Property.

First, there is at least some evidence in the Declaration of David Boyer, filed in support of the

ey 11-42277 Doc#26 Filed: 06/23/11 Entered: 06/24/11 15:22:12 Page1of3

1 | Motion, that Citibank, NA was unaware of the commencement of this case until mid-February 2011.

2 || Second, the current status of this matter, in which the Moving Party completed a foreclosure

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process, recorded a Deed Upon Trustee's Sale and commenced unlawful detainer proceedings

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against the Debtor's actual or constructive possession of the Property months before this case was

5 || commenced, indicate to the Court that the Debtor, and this estate, had, as of the commencement of
this bankruptcy case, no lawful interest in the Property whatsoever, and retroactive annulment of the
stay is appropriate. The fact that the Debtor acknowledged during the hearing on the Motion that the

Debtor does not reside in the Property, but had purported to rent it out to a third party, provides

Go So ND

further support for this conclusion.
10 Counsel for Citibank, NA may upload an appropriate form of Order, reflecting the relief

11 || granted.

DATE: | e 3 01 | ‘Pregl -
HON. WILLA TLAEFERITY

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Cas@: 11-42277 Doc#26 Filed: 06/23/11 Entered: 06/24/11 15:22:12 Page 2of3

1 COURT SERVICE LIST
Joseph R. Locsin

PO Box 5081

Hercules, CA 94547

David J. Boyer

Robert J. Jackson and Associates, Inc.
4199 Campus Drive, #700

Irvine, CA 92612

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Tevis Thompson
P.O. Box 1110
Martinez, CA 94553

Office of the U.S. Trustee
1301 Clay St. #690N
Oakland, CA 94612

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Casd@: 11-42277 Doc# 26 Filed: 06/23/11 Entered: 06/24/11 15:22:12 Page 3of3