Case 07-11862

Doc 36

Filed 06/26/08 Entered 06/26/08 11:46:22 Page 1 of 1

Main Document

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA IN RE: RON WILSON LARHONDA WILSON DEBTORS MEMORANDUM TO RECORD JUNE 26, 2008 On this date, the Court heard the Motion for Relief from the Automatic Stay (P-20) filed by Option One Mortgage Corporation (“Option One”) and the Order for D. Clay Wirtz and Dory Goebel to Appear and Show Cause to Explain Amounts Due on Mortgage Loan (P-30). Appearances were made by: D. Clay Wirtz, counsel for Option One Kirk Myers, counsel for Ron and LaRhonda Wilson (“Debtors”) Andrew Wiebelt II, counsel for Chapter 13 Trustee Dory Goebel failed to appear. Upon consideration of the pleadings filed, the arguments and representations of counsel, the record in the case, and the applicable law, the Court denied the Motion for Relief from the Automatic Stay and declared Debtors’s loan current as of 6/30/08, including principal, interest, escrow, and late charges. The Court jointly sanctioned Dory Goebel and Option One $5,000.00 for failing to appear at the hearing, payable within ten (10) days to the Clerk of the U. S. Bankruptcy Court for deposit into the registry of the Court. The Court also jointly sanctioned Dory Goebel and Option One $5,000.00 for filing a false affidavit, payable within ten (10) days to the Clerk of the U. S. Bankruptcy Court for deposit into the registry of the Court. The Court sanctioned D. Clay Wirtz $1,000.00 for failing to amend and update the pleadings and default affidavit after he obtained information which revealed that they were false. The Court reserved the right to award further sanctions. The Court awarded attorneys’ fees of $900.00 payable to Debtors’ counsel within ten (10) days, and the Court reserved the right to award further attorneys’ fees. The Court continued the Order to Show Cause against Dory Goebel and Option One, and ordered Mr. Wirtz to contact his client and chambers to coordinate a date for the continued hearing. The Court will also issue an Order to Show Cause on Fidelity National Network ordering them to appear at that hearing. 6/26/08 /s/ Lauren S. Tebbe CASE NO. 07-11862 SECTION A CHAPTER 13

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