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Stay Motion
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Page 1– CHAPTER 7 TRUSTEE'S OBJECTION TO MOTION FOR RELIEF FROM STAY FILED BY MITCH BOGDEN
JORDAN RAMIS, P.C. 1499 SE Tech Center Place, Suite 380 Vancouver, WA 98683 Telephone: 360-567-3900
Russell D. Garrett, WSBA #18657 Chapter 7 Trustee 1499 SE Tech Center Place, Suite 380 Vancouver, Washington 98683 Telephone: 360-567-3900 Facsimile: 360-567-3901
Hon. Paul B. Snyder Chapter: 7
Location: Vancouver, WA Hearing Date: 10/1/13
Hearing Time: 9:00 a.m. Response Date: 09/24/13
UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON
AT TACOMA
In re: MARK A. LEONARD, Debtor.
No. 13-43836-PBS CHAPTER 7 TRUSTEE'S OBJECTION TO MOTION FOR RELIEF FROM STAY FILED BY MITCH BOGDEN
The Trustee objects to the Motion for Relief from Stay to Proceed Pending State
Court Litigation filed by Mitch Bogden for the following reasons:
1. Mr. Bogden should be precluded from raising this issue so late. The
arbitration award following a fully litigated opportunity to actually determine the issues was
reduced to judgment. After Mr. Bogden filed his Chapter 7 bankruptcy in the Eastern
District, the debtor in this case filed a proof of claim in Mr. Bogden’s bankruptcy. The
Trustee in Mr. Bogden’s bankruptcy paid the claim of Mr. Leonard without objection from
Mr. Leonard. Had Mr. Bogden wished to address this issue, he should have done it in his
own bankruptcy case. He could and should have raised it in the claims process of his own
bankruptcy. Instead, Mr. Bogden allowed his claim to be partially satisfied without any
objection from Mr. Bogden or his counsel. Moreover, Mr. Bogden obtained Relief from Stay
in November 2011, approximately two years ago in his bankruptcy for the purpose of doing
Case 13-43836-PBS Doc 48 Filed 09/23/13 Ent. 09/23/13 16:47:43 Pg. 1 of 3
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Page 2– CHAPTER 7 TRUSTEE'S OBJECTION TO MOTION FOR RELIEF FROM STAY FILED BY MITCH BOGDEN
JORDAN RAMIS, P.C. 1499 SE Tech Center Place, Suite 380 Vancouver, WA 98683 Telephone: 360-567-3900
that which he seeks relief from today again. However, the claim is now property of this
bankruptcy estate. Obtaining relief would put the burden on the Trustee to address this issue
now two years later and after the claim was already allowed, but did not file a motion to
vacate the judgment until May 2013.
2. Allowing Mr. Bogden Relief from Stay at this juncture places a burden on this
bankruptcy estate, particularly when there is a pending adversary proceeding in Eastern
District of Washington, US Bankruptcy Case No. 11-80075-FLK, in Mr. Bogden’s
bankruptcy. Relief would prejudice the Trustee in this case, particularly when the underlying
claim was fully litigated and Mr. Bogden has had two prior opportunities to address this issue
and has not.
WHEREFORE, the Trustee requests that the Court deny Mitch Bogden’s Motion for
Relief from Stay.
DATED this 23rd day of September, 2013.
By: Russell D. Garrett, WSBA #18657 Chapter 7 Trustee
/s/ Russell D. Garrrett
Case 13-43836-PBS Doc 48 Filed 09/23/13 Ent. 09/23/13 16:47:43 Pg. 2 of 3
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Page 1– CERTIFICATE OF MAILING JORDAN RAMIS, P.C. 1499 SE Tech Center Place, Suite 380 Vancouver, WA 98683 Telephone: 360-567-3900
CERTIFICATE OF MAILING
THE UNDERSIGNED HEREBY certifies: 1. My name is Carolyn A. Selid. I am the assistant to the Chapter 7 Trustee in the referenced case. I am a citizen of the United States, over the age of eighteen (18) years, and am not a party to this action. 2. On the 23rd day of September, 2013, I caused to be delivered via first-class U.S. Mail, postage pre-paid, a copy of the following:
CHAPTER 7 TRUSTEE'S OBJECTION TO MOTION FOR RELIEF FROM STAY
FILED BY MITCH BOGDEN
to the following persons:
Mark A. Leonard PO Box 1249 Kalama WA 98625 Debtor
VIA ECF Notice:
United States Trustee [email protected]
David C. Smith [email protected] Attorney for Mitch Bogden Robert C. Brungardt [email protected]
Debtor’s Attorney I SWEAR UNDER PENALTY OF PERJURY that the foregoing is true and correct to the best of my knowledge, information and belief. Carolyn A. Selid, Assistant to
/s/ Carolyn A. Selid
Chapter 7 Trustee Russell D. Garrett
Case 13-43836-PBS Doc 48 Filed 09/23/13 Ent. 09/23/13 16:47:43 Pg. 3 of 3
