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8 09 10 BK SANCTIONS Another Arizona Beat Down From u s Bk Judge Eileen w Hollow Ell in Re Julia v Vasquez

8 09 10 BK SANCTIONS Another Arizona Beat Down From u s Bk Judge Eileen w Hollow Ell in Re Julia v Vasquez

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Categories:Types, Business/Law
Published by: bfindsen3068 on Aug 10, 2010
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12/22/2012

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IN THE UNITED STATES BANKRUPTCY COURTFOR THE DISTRICT OF ARIZONAIn re:)Chapter 13))Case No. 4:08-bk-15510-EWH)JULIA V. VASQUEZ,)
ORDER TO SHOW CAUSE AS TO
 )
WHY SANCTIONS SHOULD NOT BE
)
IMPOSED FOR IMPROPER FILING
Debtor.)
OF PROOF OF CLAIM AND MOTION
)
FOR RELIEF FROM STAY
TO:Saxon Mortgage Services, Inc. (“Saxon”)Natalia Shasko, Corey M. Robertus, Tiffany & Bosco, Mark Bosco,Leonard J. McDonald, Jr.YOU ARE HEREBY ORDERED to appear before this court on
Thursday,September 2, 2010
at
1:30 p.m., U.S. Bankruptcy Court, 38 South Scott Avenue,Courtroom 446, Tucson, AZ 85701
and show cause, if any, why sanctions should notbe imposed on you pursuant to Fed. R. Bankr. P. 9011, 3001, Local BankruptcyRules 4001(e) and 9011-1 and 11 U.S.C. § 105 for the following conduct relating to aproof of claim (“POC”) filed on November 28, 2008, and a Motion for Relief from Stay(“MRS”) filed on January 6, 2009:allegations that Saxon held a secured claim against the Debtor based onexhibits attached to both the POC and MRS, consisting of a note dated
ORDERED.Dated: August 06, 2010
 ________________________________________ EILEEN W. HOLLOWELLU.S. Bankruptcy Judge
 ________________________________________ 
Case 4:08-bk-15510-EWH Doc 91 Filed 08/06/10 Entered 08/06/10 11:34:09 DescMain Document Page 1 of 3
 
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September 8, 2005 (“Note”) and a deed of trust dated September 12, 2005(“DOT”). In fact, as of the dates the POC and MRS were filed, Saxon heldno interest in either the Note or the DOT. It sold all of its interest in theNote and DOT to Deutsche Bank National Trust Company, as Trustee forSaxon Asset Securities Trust 2005-3 (“Deutsche”), in late September2005. Furthermore, on November 17, 2008, recorded an assignment ofthe DOT to Deutsche.If cause is found to impose sanctions, sanctions may include Debtor’s attorneys’fees incurred in objecting to the POC, opposing the MRS, and expenses and attorneys’fees (including discovery fees) incurred in adversary case no. 4-08-00794. Othersanctions may include, but may not be limited to, imposition of a fine payable to theClerk of the Bankruptcy Court and/or a disciplinary referral to the State Bar of Arizona.Dated and signed above.Notice to be sent through theBankruptcy Noticing Center “BNC”to the following:Julia V. Vasquez402 West Melridge StreetTucson, AZ 85706Beverly B. ParkerSouthern Arizona Legal Aid, Inc.2343 East Broadway Blvd. #200Tucson, AZ 85719-6007Eric J. McNeilusHeurlin Sherlock Panahi1636 North Swan Rd., Suite 200Tucson, AZ 85712-4096
Case 4:08-bk-15510-EWH Doc 91 Filed 08/06/10 Entered 08/06/10 11:34:09 DescMain Document Page 2 of 3

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