Babatunde M. White

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. 09-40007 J
BABATUNDE M. WHITE, 	Chapter 7
Debtor. 	/
MEMORANDUM RE ORDER DENYING
APPLICATION FOR APPOINTMENT OF COUNSEL
On February 20, 2009, a hearing was held on the motion of
Consumer Solutions REO, LLC (“CSR”) for relief from the automatic
stay provided by Bankruptcy Code § 362(a) to permit it to evict the
above debtor from certain premises in Antioch, California. 	The
motion alleged valid grounds for the relief requested, including the
California Superior Court’s issuance, prior to the filing of
debtor’s petition herein, of a judgment of unlawful detainer.
The debtor opposed relief, based on numerous allegations of
CSR’S wrongdoing beyond the basic scope of the stay relief motion.
The allegations involve claims that were, and still are, property of
the bankruptcy estate subject to the control of Tevis Thompson,
Signed: March 27, 2009

EDWARD D. JELLEN
U.S. Bankruptcy Judge

Entered on Docket
March 30, 2009
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 09-40007 Doc# 40 Filed: 03/27/09 Entered: 03/30/09 16:14:06 Page 1 of 4

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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2	MEMORANDUM
trustee in bankruptcy. 	See Bankruptcy Code § 541(a). 	At the
hearing, the court ruled that it lacked jurisdiction to vacate the
Superior Court’s judgment, and would grant CSR’s motion. 	The court
requested CSR to submit an order, approved as to form by debtor’s
counsel, granting the motion subject to a 20-day stay.
To date, CSR has not submitted an order, apparently because
debtor’s counsel has declined to approve the form of the order CSR
prepared. 	Now the court has received an application from the debtor
seeking authority for the trustee in bankruptcy to employ the
debtor’s counsel, James Gilyard, with respect to the debtor’s
allegations against CSR. 	The same application requests the court to
reconsider its ruling vacating the automatic stay.
The trustee in bankruptcy has submitted no application to
employ Mr. Gilyard. 	In addition, the application does not comply
with Bankruptcy Code § 327(a) or Fed. R.Bankr.P. 2014. 	In addition,
the court cannot vacate the Superior Court’s unlawful detainer
judgment, even if the debtor’s allegations against CSR are true.
See 28 U.S.C. § 1738 (federal courts must give full faith and credit
to state court judgments).
Moreover, the mere presence of the debtor’s allegations is not
sufficient cause for the court to leave the automatic stay in
effect, especially under the circumstances present here where the
Superior Court has already determined that CSR is entitled to
possession of the premises. 	See In re Luz Intern, Ltd., 219 B.R.
837, 842-43 (9th Cir. BAP 1998).
Case: 09-40007 Doc# 40 Filed: 03/27/09 Entered: 03/30/09 16:14:06 Page 2 of 4

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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3	MEMORANDUM
The debtor’s application is devoid of any merit, and the court
will therefore deny the application.
END OF ORDER
Case: 09-40007 Doc# 40 Filed: 03/27/09 Entered: 03/30/09 16:14:06 Page 3 of 4

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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4	MEMORANDUM
COURT SERVICE LIST
Richard Sontag, Esq.
Ruzicka & Wallace, LLP
16520 Bake Parkway, Suite 280
Irvine, CA 92618
James G. Gilyard, Esq.
Law Office
5980 Stoneridge Drive, Suite 116
Pleasanton, CA 94588
Case: 09-40007 Doc# 40 Filed: 03/27/09 Entered: 03/30/09 16:14:06 Page 4 of 4