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Bruce A Thomason SBN 140596

Thomason Law Center
6520 Eastern Ave
Ste 206
Bell Gardens, CA 90201
Tel (323) 319-5435
Fax (323) 837-4766
Email: brucethomason@hotmail.com

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Attorneys for Debtor: Gilberto Real

UNITED STATES BANKRUPTCY COURT

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CENTRAL DISTRICT OF CALIFORNIA RIVERSIDE DIVISION

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In re:

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GILBERTO REAL,
Debtor.

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Case No.: 2:14-bk-30933 VZ

Chapter 13
NOTICE OF MOTION AND MOTION FOR
VACATE DISMISSAL AND REINSTATE
THE CHAPTER 13 PURSUANT LBR10702(c); DECLARATION OF GILBERTO REAL;
DECLARATION OF BRUCE A.
THOMASON IN SUPPORT THEREOF.
Hearing Date:
Time:
Crtrm:
Floor:

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TO THE HONORABLE JUDGE VINCENT P. ZURZOLO ; NANCY K CURRY,

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CHAPTER 13 TRUSTEE; AND ALL OTHER INTERESTED PARTIES: Debtor Gilberto Real

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through his attorney, Bruce A. Thomason, hereby give notice of Hearing re: Motion For Vacate

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Dismissal and Reinstate the Chapter 13 Pursuant LBR 1070-2(c) would be heard on short notice at

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- 1 MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13

the U.S. Bankruptcy Court Central District of California located at 255 East Temple Street Los

Angeles Courtroom 1368, 13th Floor.

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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: 11/14/2014

/s/ Bruce A. Thomason

Bruce A. Thomason, Esq.

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- 2 MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13

JURISDICTION AND VENUE

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1. This Court has Jurisdiction to consider this Motion under 28 U.S.C. Section 157 and

1334. This is a core proceeding under 28 U.S.C. Section 157(b). Venue of this case and

this Motion in this district is proper under 28 U.S.C. Section 1408 and 1409.

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2. The legal predicates for the relief requested herein are Local Bankruptcy Rule 1070-2 (c)

AND and Local Bankruptcy Rule 1007-1.0-3

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BACKGROUND

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3. Debtor through his attorney filed an emergency case under the U.S. Bankruptcy Code
Chapter 13 on November 07, 2014, electronically.

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4. The clerk issued a Notice of Dismissal of Case If required Documents are not filed within

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72 hours on November 07, 2014.

4. The clerk issued a Certificate of Notice of the Dismissal and the Notice and a Notice of

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Voluntary Petition filed on November 09, 2014.

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5. Debtor through his attorney filed a Statement of Social Security form electronically, on
November 10, 2014.

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6. Debtor through his attorney filed the Certificate of Credit Counseling on November 10,

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2014.

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7. Debtor through his attorney filed a Declaration of Electronic Filing on November 10, 2014.

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8. Court clerk set the Meeting of Creditor 341(a) to be held on December 16, 2014 at 12:00

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p.m., Confirmation Hearing Schedule to be heard on April 13, 2015 at 9:00 a.m..

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- 3 MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13

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9. The Court Clerk entered an Order and Notice of Dismissal for failure to file fail initial
Petition documents within 72 hours on November 12, 2014, Email notice indicates Electronic Filing
Declaration does not Attorney signature.
10. Attorney Bruce A. Thomason reviewed the Declaration and in fact it's correct the
Electronic Filing Declaration does not bear his signature and he made a mistake by uploading the
wrong Electronic Filing Declaration.
11. Automatic Stay would not be affected by Debtor's reopening case.
12. Debtor has not filed any other case before or ever and he wishes this case to be re-open.
13. Debtor wishes to complete his chapter 13 case.
14. By reopening the case No Creditor is affected as the case is this case is on initial states.
15. By granting motion Debtor would have ample time to file and serve all required
documents and provide notice and copies to all party in interest.
16.Attorney Bruce A. Thomason had filed an amended Electronic Filing Declaration bearing
his and Debtor's signature.

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17. Debtor had file all required documents and the case is not complete and Debtor is serving
any and all party in interest.

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18. Re opening this case is not discriminatory to any or all party in interest.

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19. For the foregoing reason, the Debtor respectfully request the court to reinstate the petition.

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Dated: 11/14/2014
Respectfully submitted.

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Bruce A. Thomason

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- 4 MOTION TO VACATE THE DISMISSAL AND REINSTATE THE CHAPTER 13

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Bruce A Thomason SBN 140596

Thomason Law Center
6520 Eastern Ave
Ste 206
Bell Gardens, CA 90201
Tel (323) 319-5435
Fax (323) 837-4766
Email: brucethomason@hotmail.com

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Attorneys for Debtor Gilberto Real

UNITED STATES BANKRUPTCY COURT

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CENTRAL DISTRICT OF CALIFORNIA LOS ANGELES DIVISION

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In re:

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GILBERTO REAL,
Debtor.

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Case No.: 2:14-bk-30933 VZ

Chapter 13
DECLARATION OF GILBERTO REAL IN
SUPPORT OF REINSTATEMENT OF THE
CHAPTER 13 CASE PURSUANT TO LBR
1070-2 (c)
Hearing Date:
Time:
Crtrm:
Floor:

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I, Gilberto Real, do declare as follows:

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1. That I have personal knowledge of the facts stated herein, if called to testify, I could and

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would do so competently thereto.

2. That I am the Debtor in the above referenced case.

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3. I filed a Bankruptcy in this case to reorganize my debts on November 07, 2014.

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4.My attorney had informed me that my case was dismissal due to an error on the Electronic

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Filing Declaration as it did not bear his signature. He indicated that he would be filing a motion to
reopen the case.

5. I do not wish to re file any more case with fear to be consider abusive.

6. I understand that all documents has now been prepared and are ready to file or been filed.

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7. For the foregoing reasons, I respectfully request to the Court to reinstate the Chapter 13

petition as I can propose a confirmable plan. To restart a new Chapter 13 would be burdensome to

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me.
I declare under penalty of perjury, under the Laws of these United States of America and
California that the foregoing is true and correct. Executed this 14th day of November, 2014 in Los
Angeles, California.

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Dated: 11/14/2014

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___________________________

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Gilberto Real, Debtor

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Bruce A Thomason SBN 140596

Thomason Law Center
6520 Eastern Ave
Ste 206
Bell Gardens, CA 90201
Tel (323) 319-5435
Fax (323) 837-4766
Email: brucethomason@hotmail.com

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Attorneys for Debtor: Gilberto Real

UNITED STATES BANKRUPTCY COURT

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CENTRAL DISTRICT OF CALIFORNIA LOS ANGELES DIVISION

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In re:

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GILBERTO REAL,
Debtor.

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Case No.:2:14-bk-30933 VZ
Chapter 13
DECLARATION OF BRUCE A.
THOMASON RE: MOTION TO VACATE
THE DISMISSAL AND REINSTATE THE
CHAPTER 13 PURSUANT TO LBR 1070-2
(c).
Hearing Date:
Time:
Crtrm:
Floor:

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I, Bruce A. Thomason, do declare as follows:

1. That I have personal knowledge of the facts stated herein, if called to testify, I could and

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would do so competently thereto.

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2. That I am the Attorney for the Debtor herein.

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3. I filed a bankruptcy case under the chapter 13 on or about November 07, 2014.
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4. I believed all the required documents were filed promptly via the ECF website, Later to
find out that the Electronic Filing Declaration was missing my signature and therefore the case was
dismissal.
5. Debtor's automatic stay would not be affected due if case is reopen.
6. No creditor would be affected and/or abuse for the reopening of the case.

7. Debtor has not file any case within the last 12 months or ever.

8. For the foregoing reasons, the Debtor through their attorney respectfully request the Court

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to reinstate the Chapter 13 Petition.

I declare under penalty of perjury, under the Laws of these United States of America and
California that the foregoing is true and correct. Executed this 14th day of November, 2014 in Los
Angeles, California.

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_______________________________

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Bruce A. Thomason,
Attorney for Movant/Debtor

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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.

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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:
6520 Eastern Ave
Ste 206
Bell Gardens, CA 90201
A true and correct copy of the foregoing document described
NOTICE OF MOTION AND MOTION

FOR

VACATE DISMISSAL AND REINSTATE THE CHAPTER 13 PURSUANT 5010.1;

DECLARATION OF JOSE COVARRUBIAS; DECLARATION OF BRUCE A. THOMASON IN
SUPPORT THEREOF 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 05/01/2014 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:
Nancy K Curry (TR)
ecfnc@trustee13.com
Bruce A Thomason on behalf of Debtor Gilberto Real
brucethomason@hotmail.com, alexsandovalsvc@gmail.com
United States Trustee (LA)
ustpregion16.la.ecf@usdoj.gov
Service information continued on attached page
II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served):
On
11/14/2014
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.

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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.

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Service information continued on attached page

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I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
11/14/2014
Date

Alejandro B Sandoval
Type Name

/S/ Alejandro B Sandoval

Signature

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