1 Pier Paolo Caputo, Esq.

SBN 176698
1010 Wilshire Blvd. #113
2 Los Angeles, CA 90017
3 213.596.7977 TEL

4 Attorney for Debtor

MANUEL ZARAGOSA
5

7 UNITED STATES BANKRUPTCY COURT

8 CENTRAL DISTRICT OF CALIFORNIA
9

10 Case No. 2:10-bk-44207-VK

In re:
11
Chapter 13
12
DEBTORS’ EX PARTE APPLICATION
13 FOR ORDER SHORTENING TIME FOR
MOTION TO VACATE DISMISSAL
14 BASED ON MISTAKE, INADVERTANCE
OR NEGLECT AND TO REINSTATE
15 MANUEL ZARAGOSA, CASE IN ORDER TO FILE A CH 13
PLAN, CASE OPENING DOCUMENTS
16 AND FOR A CONFIRMATION HEARING
17
[No Hearing Required Pursuant to Local
18 Bankruptcy Rule 9020-1 Unless Court So
Debtor. Orders]
19
Date (TO BE SET)
20
Time
21 Crtm

22

23

24
TO THE HONORABLE VICTORIA S. KAUFMAN, UNITED STATES BANKRUPTCY

25 JUDGE; NANCY K. CURRY, CHAPTER 13 TRUSTEE; THE OFFICE OF THE U.S. TRUSTEE;

26 AND ALL PARTIES OF INTEREST:

27

28

Application to Reopen a Closed Case - 1

 1 Debtor/Applicant, MANUEL ZARAGOSA, hereby applies for an order shortening time on the

2 MOTION TO VACATE DISMISSAL BASED ON MISTAKE, INADVERTANCE OR NEGLECT

3
AND TO REINSTATE CASE IN ORDER TO FILE A CH 13 PLAN, CASE OPENING
4
DOCUMENTS AND FOR A CONFIRMATION HEARING.
5
Debtor is filing this motion as an emergency as so they can get the Confirmation hearing back
6

7 on calendar, and be able to file case opening schedules and chapter 13 plan so that Debtor does not

8 lose his home.

9
Debtor and Debtor’s attorney attempted to contact Nancy K Curry to request the
10
postponement of his 341 hearing since he knew in advance that he would be unable to appear,
11
however they were unsuccessful in their attempt and misunderstood counsels’ instructions that
12

13 appearance was mandatory and was dismissed for non appearance at the 341 hearing although

14 counsel was present.

15

16
Respectfully submitted,
17

18

19 Date: ____________________

20 Pier Paulo Caputo

Attorney for Movant
21

22

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25

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Application to Reopen a Closed Case - 2

 1 Pier Paolo Caputo, Esq. SBN 176698
1010 Wilshire Blvd. #113
2 Los Angeles, CA 90017
213.596.7977 TEL
3

4 Attorney for Debtor

MANUEL ZARAGOSA
5

7 UNITED STATES BANKRUPTCY COURT

8 CENTRAL DISTRICT OF CALIFORNIA
9

10 In re: Case No. 2:10-bk-44207-VK

11
Chapter 13
12
DEBTORS’ EX PARTE MOTION FOR
13 ORDER SHORTENING TIME FOR
MOTION TO VACATE DISMISSAL
14 BASED ON MISTAKE INADVERTANCE
OR NEGLECT TO REINSTATE CASE IN
15 MANUEL ZARAGOSA, ORDER TO FILE A CH 13 PLAN, CASE
OPENING DOCUMENTS AND FOR A
16 CONFIRMATION HEARING,
DECLARATION OF DEBTOR MANUEL
17 ZARAGOSA AND DOLLY
YOOZBASHIZADEH IN SUPPORT
18 THEREOF
Debtor.
19

20 [No Hearing Required Pursuant to Local

Bankruptcy Rule 9020-1 Unless Court So
21 Orders]
22 Date (TO BE SET)
23 Time
Crtm
24

25

26 TO THE HONORABLE VICTORIA S. KAUFMAN, UNITED STATES BANKRUPTCY

27 JUDGE; NANCY K. CURRY, CHAPTER 13 TRUSTEE; THE OFFICE OF THE U.S. TRUSTEE;
28 AND ALL PARTIES OF INTEREST:

Application to Reopen a Closed Case - 3

 1 COMES NOW THE DEBTOR, by and through attorney of record Pier Paolo Caputo,

2 Attorney at Law, hereby moves the Court for an EX PARTE MOTION SFOR ORDER
3
SHORTENING TIME FOR MOTION TO VACATE DISMISSAL BASED ON MISTAKE,
4
INADVERTANCE OR NEGLECT AND TO REINSTATE CASE IN ORDER TO FILE CASE
5
OPENING DOCUMENTS, A CH 13 PLAN AND FOR A CONFIRMATION HEARING, based
6

7 upon the following facts and circumstances and shown by the Declarations of Debtor, MANUEL

8 Zaragosa and Dolly Yoozbashizadeh, and exhibits attached in support thereof.

9
1. This Court has jurisdiction over this matter pursuant to 11 U.S.C. Sec. 109 and 349 and
10
rules 8002, 9006, 9013, 9022, and 9024 of the Federal Rules of Bankruptcy Procedures.
11

12

13

14 Respectfully submitted,
15

16
Date: ____________________
17
Pier Paulo Caputo
18
Attorney for Movant
19

20

21

22

23

24

25

26

27

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Application to Reopen a Closed Case - 4

 1 STATEMENT OF FACTS

2 1. Debtor filed a Chapter 13 case herein on August 16, 2010.

3
2. On August 28, 2010, Debtor filed a Motion to Extend Time to File Case Opening
4
Documents so that he may obtain legal assistance with the preparation of documents and
5
possibly hire an attorney to assist with the bankruptcy; although an order was attached to
6

7 the motion, the judge did not rule on the motion. See Attached Exhibit “A”.

8 3. Debtor retained the services of Attorney Pier Paolo Caputo to assist with the completion
9
of his bankruptcy and on September 23, 2010 Mr. Caputo filed the Substitution of
10
Attorney on behalf of Mr. Manuel Zaragosa. See Attached Exhibit “B”.
11
4. On September 22, 2010, Paralegal Dolly Yoozbashizadeh made several phone calls and
12

13 sent an e-mail to Trustee Nancy K. Curry requesting instructions on how to request the

14 postponement of the Debtors 341 hearing. See Attached Exhibit “C”.

15
5. On September 27, 2010, Paralegal Dolly Yoozbashizadeh sent a fax to Trustee Nancy K.
16
Curry’s office stating the numerous attempts to contact Trustee Nancy K. Curry in regards
17
to the rescheduling of the 341 hearing so that Mr. Caputo would have sufficient time to
18

19 prepare Debtor’s case opening schedules and chapter 13 Plan prior to the hearing. See

20 Attached Exhibit “D”.

21
6. On September 29, 2010, Paralegal Dolly Yoozbashizadeh informed Debtor Manuel
22
Zaragosa that she was unable to reach Trustee Nancy K. Curry and that his appearance at
23
the 341 hearing was mandatory. Debtor informed Paralegal Dolly Yoozbashizadeh that
24

25 despite his best attempts to appear he would be unable to do so because his work schedule

26 would not allow him to miss work to appear.

27

28

Application to Reopen a Closed Case - 5

 1 7. Debtor’s attorneys’ paralegal, Dolly Yoozbashizadeh, by mistake believed that since she

2 made several attempts to contact Trustee Nancy K. Curry, and would appear with the
3
attorney on behalf of Debtor at the 341 hearing on September 30, 2010, to show Ms.
4
Curry the numerous attempts to reach her and request that the 341 meeting be postponed,
5
that Trustee Nancy K. Curry would grant the postponement of the hearing and would
6

7 forgive Debtor for not being able to appear.

8 8. Debtor would like to reinstate the Confirmation hearing for January 27, 2011and to be
9
allowed to file case opening documents and chapter 13 Plan.
10
9. If Debtor is unable to have the case reinstated, Debtor is afraid that he will lose his home.
11

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14

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16

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Application to Reopen a Closed Case - 6

 MEMORANDUM OF POINTS AND AUTHORITIES

I.
UPON SHOWING GOOD CAUSE THE COURT MAY ON ITS OWN DISCREDTION
ORDER THE PERIOD REDUCED

Rule 9006 of the Bankruptcy Rule provides, in its most pertinent part as follows

“When an act is required to be done at or within a specified time

by these rules or by notice given thereunder or by order of the court,
the court for cause shown may on its own discretion with or without
motion or notice order the period reduced”

Local Bankruptcy Rule 9075-1 provides that:

“For cause shown, a party may request an emergency motion to be

heard on notice shorter than would otherwise be required by these Local
Bankruptcy Rules”

As demonstrated in this Application, Debtor’s attorney’s Paralegal made a mistake in

believing that Trustee Nancy K. Curry would allow the 341 hearing to be postponed so that case
opening documents could be filed and the Debtor would be able to appear at the postponed hearing.
Debtor is afraid that without completing his bankruptcy and receiving a discharge, that he will lose
his home.

II.
DUE TO MISTAKE, INADVERTANCE, SURPRISE OR NEGLECT UPON DEBTOR,
SETTING ASIDE OF DISMISSAL OF
AND REINSTATING THE CHAPTER 13 SHOULD BE GRANTED

Bankruptcy Rule 9024 Provides that Federal Rules of Civil Procedure 60 supplies in cases
under the Code.

F.R.C.P. 60(b) provides in pertinent

part

“On motion and upon such terms as are just, the Court may relieve a
party or a party legal representative from a final judgement, order or
proceeding for the following reasons: 1) mistake, inadvertence, surprise
or excusable neglect, 2)newly discovered evidence which by due
diligence could not have been discovered in time to move for a new trial
under Rule 59(b).”

Application to Reopen a Closed Case - 8

 In the case herein, Debtor’s attorneys’

paralegal, Dolly Yoozbashizadeh, by mistake

believed that Trustee Nancy K. Curry would

allow the 341 hearing to be rescheduled upon

providing evidence of the several attempted

contacts with trustees office to request such

postponement and would excuse Debtor from his

non appearance at the hearing.

Based on mistake, inadvertence or excusable

neglect of Debtor’s attorney’s paralegal Dolly

Yoozbashizadehs’ assumption, the Debtors case

was dismissed and now Debtor could lose his

home if this motion is not heard on shortened

notice so that Debtor could have the case

reinstated and allowed to file case opening

documents and chapter 13 Plan to be filed as well

as Confirmation hearing heard on January 27,

2011.

III.

CONCLUSION

Based upon the foregoing, Movant requests

that the Court enter an Order Granting Movant’s

Application to Reopen a Closed Case - 8

 EX PARTE MOTION SFOR ORDER

SHORTENING TIME FOR MOTION TO

VACATE DISMISSAL BASED ON MISTAKE,

INADVERTANCE OR NEGLECT AND TO

REINSTATE CASE IN ORDER TO FILE CASE

OPENING DOCUMENTS, A CH 13 PLAN

AND FOR A CONFIRMATION HEARING.

Debtor also requests that the automatic stay be

valid from the day of filing Nune Pro Tune on

August 16, 2010.

Respectfully submitted,

Date:

____________________

Pier Paulo
Caputo
Attorney
for Movant
PROOF OF SERVICE

STATE OF CALIFORNIA COUNTY OF LOS

ANGELES

I am employed in the County of Los Angeles,

State of California. I am over the age of 18 and

not a party to the within action, my business

address is 1010 Wilshire Blvd. #113 Los Angeles,

CA 90017.

Application to Reopen a Closed Case - 8

 On _________________ I served the

foregoing document described as EX PARTE

MOTION SFOR ORDER SHORTENING TIME

FOR MOTION TO VACATE DISMISSAL

BASED ON MISTAKE, INADVERTANCE OR

NEGLECT AND TO REINSTATE CASE IN

ORDER TO FILE CASE OPENING

DOCUMENTS, A CH 13 PLAN AND FOR A

CONFIRMATION HEARING on all interested

parties in this action by placing a true and correct

copy in a sealed envelope with postage thereon

fully prepaid in the United States mail at the City

of Los Angeles, California as follows:

SEE ATTACHED LIST

I declare that I am employed in the office of a

member of the bar of this court at whose direction

the service was made.

_________________________________

Dolly Yoozbashizadeh, Paralegal

Application to Reopen a Closed Case - 8

Pier Paolo Caputo, Esq. SBN 176698
1010 Wilshire Blvd. #113
Los Angeles, CA 90017
213.596.7977 TEL

Attorney for Debtor

MANUEL ZARAGOSA

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA

In re: Case No. 2:10-bk-44207-VK

Chapter 13

DECLARATION OF DEBTOR MANUEL

ZARAGOSA

MANUEL ZARAGOSA,

Debtor.

DECLARATION OF DEBTOR MANUEL ZARAGOSA

I, Manuel Zaragosa, declare as follows:

I am the debtor in the above listed matter, and have

personal knowledge of the facts set forth

in this declaration and, if called as a witness, would be

competent to testify to those acts.

Application to Reorder Closed Case - Declaration

1. I am the Debtor in the above listed bankruptcy.

2. On September 21, 2010 I signed the substitution of attorney appointing Mr. Pier Paolo Caputo

as my attorney for the above listed matter.

3. I made several calls to trustee Nancy K. Curry’s office in an attempt to request the

postponement of my 341 hearing prior to retaining my attorney because I was not able to

take the day off from work and appear.

4. I requested that my attorney attempt to reach Trustee Nancy K. Curry’s office to request the

postponement of my 341 hearing because I was unable to take time off from work to appear.

5. On September 29, 2010, I was contacted by Dolly Yoozbashizade, a paralegal employed by

Mr. Caputo and instructed that my appearance was mandatory at the 341 hearing and I

responded to Mrs. Yoozbashizadeh by letting her know that I would not be able to attend.

6. On September 29, 2010, Paralegal Dolly Yoozbashizadeh informed that she would appear on

my behalf with the attorney at the scheduled 341 hearing and request the postponement on my

behalf and that she believed Trustee Nancy K. Curry would grant us the postponed hearing

upon seeing proof of the many attempts to contact her and her office to make the request and

being unsuccessful at reaching the Trustee or any of her employees.

7. On September 30, 2010 I was contacted by Paralegal Dolly Yoozbashizadeh who informed

me that she had appeared with the attorney at the 341 hearing and that Trustee Nancy K. Curry

would nor postpone the hearing and additionally that my case would be dismissed.

8. On October 5, 2010 I received notice that my case had been ordered for dismissal.

9. This declaration is in support of the ex parte motion for order shortening time for motion to

vacate dismissal based on mistake, inadvertence or neglect and to reinstate case for filing of

case opening documents, chapter 13 plan and for a confirmation hearing.

Application to Reorder Closed Case - Declaration

10. I respectfully request that the order of dismissal is vacated so that I may keep my home which

will be eminent if the order of dismissal is not vacated.

11. I have every reason to believe that my plan will be confirmed and that I will be able to carry

out the plan to the end of its term.

I declare under the penalty of perjury, under the laws of the state of California, that the foregoing

is true and correct.

Dated:

______________________
Manuel Zaragosa, Debtor

Application to Reorder Closed Case - Declaration

Pier Paolo Caputo, Esq. SBN 176698
1010 Wilshire Blvd. #113
Los Angeles, CA 90017
213.596.7977 TEL

Attorney for Debtor

MANUEL ZARAGOSA

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA

In re: Case No. 2:10-bk-44207-VK

Chapter 13

DECLARATION OF DOLLY
YOOZBASHIZADEH

MANUEL ZARAGOSA,

Debtor.

DECLARATION OF DOLLY YOOZBASHIZADEH

I, Dolly Yoozbashizadeh, declare as follows:

I am over the age of 18, and have personal knowledge of

the facts set forth in this declaration

and if called as a witness, would be competent to testify tot

hose facts.

Application to Reorder Closed Case - Declaration

1. I am employed as a paralegal at the Law Offices of Paul Caputo, the attorney who represents

Mr. Manuel Zaragosa in the bankruptcy matter stated above.

2. I made several attempts on behalf of Mr. Manuel Zaragosa to reach Trustee Nancy K. Curry

to request the postponement of the scheduled 341 hearing so that Mr. Zaragosa would be able

to take time off from work and appear and so that Attorney Pier Paolo Caputo would have

time to prepare the Debtors case opening documents and chapter 13 Plan.

3. On September 29, 2010, I was contacted by Mr. Zaragosa, and instructed him that his

appearance was mandatory at the 341 hearing and he informed me that he would not be able to

attend.

4. On September 29, 2010, I informed Mr. Zaragosa that she would personally appear on

his behalf with the attorney at the scheduled 341 hearing and request the postponement on

and I stated that I believed Trustee Nancy K. Curry would grant us the postponed hearing

upon seeing proof of the many attempts to contact her and her office to make the request and

being unsuccessful at reaching the Trustee or any of her employees.

5. On September 30, 2010 I contacted Mr. Zaragosa to inform him that I had appeared at the

hearing with the attorney and that Trustee Nancy K. Curry would not postpone the hearing and

additionally that I was informed that Mr. Zaragosa’s case would be dismissed for non

appearance.

6. On October 5, 2010 I received notice that Mr. Zaragosa’s case had been ordered for dismissal.

7. There was a mistake on my part in assuming that Trustee Nancy K. Curry would postpone the

341 hearing upon seeing the numerous attempts I made in trying to reach her or her office.

Application to Reorder Closed Case - Declaration

8. I made this assumption because I have other cases where I needed to contact Trustee Nancy K.

Curry and was unable to, and upon appearing at the 341 hearing and speaking with the Trustee

I was granted postponed hearings so that the client would be able to appear.

9. This declaration is in support of the ex parte motion for order shortening time for motion to

vacate dismissal based on mistake, inadvertence or neglect and to reinstate case for filing of

case opening documents, chapter 13 plan and for a confirmation hearing as I had appeared in

at other 341 hearings with Ms. Nancy K. Curry and had presented her with similar attempts to

notify her and her office and was granted postponed hearings.

I declare under the penalty of perjury, under the laws of the state of California, that the foregoing

is true and correct.

Dated:

______________________
Dolly Yoozbashizadeh, Paralegal

Application to Reorder Closed Case - Declaration

Application to Reorder Closed Case - Declaration