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 27 28Your name Address Tel Phone # email Attorneys for Emma B. Veri UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA In re: DEBTOR NAME Debtor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: Chapter 13 NOTICE OF MOTION AND MOTION TO RECONSIDERATION AND VACATE DISMISAL ENTERED BY CLERK. Hearing Date: Time: Crtrm: Floor: TO THE HONORABLE _ _; _ _ CHAPTER 13 TRUSTEE; AND ALL OTHER INTERESTED PARTIES: Debtor Name, through her attorney, If any, move this court for an ORDER FOR RECONSIDERATION AND VACATE DISMISSAL ENTERD BY CLERK FOR GOOD CAUSING AS FOLLOWS: - 1 NOTICE OF MOTION AND MOTION FOR RECONSIDERATION 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 27 28 1. On or about January 04, 2013, Debtor’s counsel, If any (hereafter Counsel " ") filed a Voluntary Petition under the Bankruptcy Relief Chapter 13 of Title 11 of the United States Code in the Central District of California, case number case number. 2. 3. The case was filed as an emergency petition. The requirement to file an emergency petition indicate that four different items must be included to file a case or the case would be dismiss within 72 hours the required documents are as follow: Voluntary Petition bearing the correct address and name of Debtor. Matrix and matrix list. Creditor matrix in the form or text file. Statement of Social Security bearing holographic signature by Debtor. 4. On or about January 4, 2013 The court clerk issued a Notice of Dismissal of Case if Required Documents are not filed within 72 hours, incorporated and hereby marked as Exhibit # 1. 5. On or about January 6, 2013 an Certificate of Notice was issued by the court and mailed out to Debtor and Debtor's attorney. 6. On or about January 04, 2013 Debtor through her attorney of record filed some of the required document as follow: Voluntary Petition bearing Debtor correct address and correct name. Matrix list in the form of PDF document. Creditor matrix list in the form of text file. However debtor was missing Social Security Statement. 7. issued. Social Security Statement received a revision on December, 2012 and a new form was - 2 NOTICE OF MOTION AND MOTION FOR RECONSIDERATION 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 27 28 8. Debtor's attorney software was not updated with the new form, Debtor's attorney had previously filed a Social Security Statement for another case and the Social Security Statement was rejected by the Clerk Office. 9. Debtor's attorney not aware of the new revision of the Social Security Statement printed and asked Debtor to signed a prior version issued of the Social Security Statement. 10. Debtor's attorney learned the Social Security Statement was revised and a new version was issued by a prior Social Security Statement be rejected by the clerk of the court in another case. 11. Debtor's attorney immediately download a new version of the Social Security Statement, schedule Debtor to come into his office and signed a revised version of the Social Security Statement. 12. Debtor through her attorney filed a revised Social Security Statement on or about January 08, 2013 on or about 8:40 a.m. 13. Clerk of the Court not aware that Debtor had comply with the notice of filed required document issued a dismissal of the case about the same time that Debtor had filed her Social Secuirty statement or later. Debtor and Debtor's attorney requests to this Court and its Honorable Judge for an Order for reconsideration and for an order to vacate dismissal and allow Debtor to continue her case. I declare under the penalty of perjury under the laws of the State of California and United States that the foregoing is true and correct. Date: /s/ Attorney name Attorney Name - 3 NOTICE OF MOTION AND MOTION FOR RECONSIDERATION 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 27 28 NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I. Proposed orders do not generate an NEF because only orders that have been entered are placed on the CM/ECF docket. PROOF OF SERVICE OF DOCUMENT I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: 707 Wilshire Blvd Ste 5150 Los Angeles, CA 90017 A true and correct copy of the foregoing document described NOTICE OF MOTION AND MOTION TO RECONSIDERATION AND VACATE DISMISAL ENTERED BY CLERK served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner indicated below: I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) – Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) (“LBR”), the foregoing document will be served by the court via NEF and hyperlink to the document. On 01/09/2013 I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the email address(es) indicated below: Service information continued on attached page II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served): On 01/09/2013 I served the following person(s) and/or entity(ies) at the last known address(es) in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States Mail, first class, postage prepaid, and/or with an overnight mail service addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed. Service information continued on attached page III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on I served the following person(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on the judge will be completed no later than 24 hours after the document is filed. Service information continued on attached page - 4 NOTICE OF MOTION AND MOTION FOR RECONSIDERATION 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 27 28 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Date Type Name /S/ Signature Bank of America Home Mortgage 450 American Street Simi Valley, CA 93065 Indy Mac 888 East Walnut Street Pasadena, CA 91101 - 5 NOTICE OF MOTION AND MOTION FOR RECONSIDERATION