In Re D Johnson Response

8/17/2019 In Re D Johnson Response

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Medical Dental Development LLC v David Johnson Response to Order to Show Cause 1

Law Offices of Orly Taitz

29839 Santa Margarita, ste 100

Rancho Santa Margarita, CA 92688

ph 949-683-5411 fax 9490766-7603

Attorney for creditor Medical Dental

Development LLC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

In Re David Johnson ) Case No.: SAC16-00398 JAK

RESPONSE TO NOTICE TO SHOW CAUSE

Case 8:16-cv-00398-JAK Document 8 Filed 04/27/16 Page 1 of 4 Page ID #:103


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On 04.20.2016 Appellant, Medical Dental Development LLC, received an order to show cause in regards

to deficiency of forms.

The appellant responds as follows:

1. The only order that the Appellant received from the Bankruptcy Court, was an order for the

appellant to file the designation of record by 03.11.2016, see below:

02/26/2016

41(4 pgs)

Notice of Appeal and Statement of Election to United StatesDistrict Court.(Official Form 417A) . Fee Amount $298 Filed by Creditor Medical Dental Development LLC (RE: relateddocument(s)39 Order Denying Motion to Reopen WithPrejudice) (BNC-PDF)). Appellant Designation due by3/11/2016. (Bolte, Nickie) (Entered: 02/29/2016)

2. Appellant promptly complied with the order and filed the designation of record on 03.03.2016,

well before the given date of 03.12.2016:

03/03/2016

43(8 pgs)

Appellant Designation of Record For Appeal To DistrictCourt Filed by Creditor Medical Dental Development LLC(RE: related document(s)41 Notice of Appeal and Statementof Election (Official Form 417A)). Appellee designation due by 3/17/2016. Transmission of Designation Due by 4/4/2016.(Bolte, Nickie) (Entered: 03/04/2016)

3. Only after the District Court issued its’ order on 04.20.2016 to show cause regarding the

deficiency, did the Bankruptcy Court sent the Appellant it’s order of deficiency. The order of

deficiency from the Bankruptcy Court arrived by mail on 04.21.2016, and until then the Bankruptcy

Court did not notify the Appellant of any deficiency.

04/20/2016

47

(1 pg)

Deficiency notice send to United States District Court: Please, be

advised that the Statement of Issues and Notice of Transcript have

not been filed as required by the Federal Rules of Bankruptcy

Procedure 8003 and 8009 - RE: USDC Case No. SACV16-00398-JAK

(RE: related document(s)41 Notice of Appeal and Statement of

Election (Official Form 417A) filed by Creditor Medical Dental

Development LLC) (Bolte, Nickie) (Entered: 04/20/2016)


https://ecf.cacb.uscourts.gov/doc1/973084805086https://ecf.cacb.uscourts.gov/doc1/973084746313https://ecf.cacb.uscourts.gov/doc1/973084869237https://ecf.cacb.uscourts.gov/doc1/973084805086https://ecf.cacb.uscourts.gov/doc1/973085438990https://ecf.cacb.uscourts.gov/doc1/973084805086https://ecf.cacb.uscourts.gov/doc1/973084805086https://ecf.cacb.uscourts.gov/doc1/973085438990https://ecf.cacb.uscourts.gov/doc1/973084805086https://ecf.cacb.uscourts.gov/doc1/973084869237https://ecf.cacb.uscourts.gov/doc1/973084746313https://ecf.cacb.uscourts.gov/doc1/973084805086


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4. On 04.20.2016, when the order to show cause was issued, the attorney for the appellant was out

of the country. She came back on Sunday, April 24th, and the next day, on April 25th, she filed the

notice of transcript. The transcript was ordered and paid for. See docket entries below:

04/25/2016

48

(1 pg)

Transcript Order Form related to an Appeal, regarding Hearing Date

3/7/16 Filed by Creditor Medical Dental Development LLC (RE:

related document(s)37 Motion to Reopen Chapter 7 Case. Fee

Amount $260). (Le, James) (Entered: 04/25/2016)

04/25/2016

49 Transcript Record Transmittal (Court transcript records have been

uploaded to FDS). For Order Number: 16-MW-23. RE Hearing Date:

3/7/16, [TRANSCRIPTION SERVICE PROVIDER: BRIGGS REPORTING

CO., INC., Telephone number Ph: (310) 410-4151.] (RE: related

document(s)48 Transcript Order Form (Public Request) filed by

Debtor David A. Johnson) (Le, James) (Entered: 04/25/2016)

04/25/2016

51

(1 pg)

Notice of transcripts: hearing date(s): 05/07/2012 - Filed by Creditor

Medical Dental Development LLC (RE: related

document(s)41 Notice of Appeal and Statement of Election (Official

Form 417A)). (Bolte, Nickie) (Entered: 04/26/2016)

04/26/2016

50 Acknowledgement of Request for Transcript (RE: Appeal) Received

on 4/25/2016. The Reporter Expects to Have the TranscriptCompleted by 5/23/2016. (RE: related document(s) 48 Transcript

Order Form related to an Appeal, regarding Hearing Date 3/7/16

Filed by Creditor Medical Dental Development LLC (RE: related

document(s)37 Motion to Reopen Chapter 7 Case. Fee Amount

$260).). (Martens, Holly) (Entered: 04/26/2016)

5. On April 26, 2016 she filed with the bankruptcy court the Statement of Issues. See attached as

Exhibit 1 the Statement of Issues with the stamp of the Bankruptcy Court, dated April 26, 2016.

CONCLUSION

As explained above, the moment appellant was notified by the Bankruptcy Court of deficiency, of

two missing forms, those forms were immediately filed and the deficiency was cured. As such, the

appeal should proceed as scheduled.


https://ecf.cacb.uscourts.gov/doc1/973085495343https://ecf.cacb.uscourts.gov/doc1/973084562008https://ecf.cacb.uscourts.gov/doc1/973085495343https://ecf.cacb.uscourts.gov/doc1/973085513112https://ecf.cacb.uscourts.gov/doc1/973084805086https://ecf.cacb.uscourts.gov/doc1/973085495343https://ecf.cacb.uscourts.gov/doc1/973084562008https://ecf.cacb.uscourts.gov/doc1/973084562008https://ecf.cacb.uscourts.gov/doc1/973085495343https://ecf.cacb.uscourts.gov/doc1/973084805086https://ecf.cacb.uscourts.gov/doc1/973085513112https://ecf.cacb.uscourts.gov/doc1/973085495343https://ecf.cacb.uscourts.gov/doc1/973084562008https://ecf.cacb.uscourts.gov/doc1/973085495343


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Respectfully submitted

/s/ Dr. Orly Taitz ESQ

04.26. 2016

CERTIFICATE OF SERVICE

I, Orly Taitz, attest that attached pleadings were served on the appellee on 04.27.2016 via ECF and

first class mail

Signed

/s/ Orly Taitz



5/7

Law

Offices

of

Orly

Taitz

zgS3gSanta

Marg

arttaPKWY,

ste

100

Rancho

Santa

Margartta

CA

92688

ph

949-683-5411

fax

949-766-7643

ATTORI{EY

FOR CREDITOR

MEDICAL

DENTAL

DEVELOPMENTLLC

UNITED

STATES

BANKRUPTCY

COURT

CENTRAL

DISTRICT

OF

CALIFORNIA

In Re David

Johnson

)

Case

No.:

11-bk*20423

STATEMENT

OF

ISSUES ON

APPEAL

1.

Bankruptcy

court

erred

and

abused

its

discretion

in

refusing

to

reopen

bankruptcy

of

the debtor

after

creditor

provided the

bankruptcy

court

with

new

information

received

from

the

partner

of the debtor.

New

information

states that

the debtor

did

not

disclose

to

the bankruptcy

court

inheritance

that

he

received

from

his

father.

Additionally,

debtor

placed

the

value

of his

chiropractic

office

as

nominal,

while

in reality

it

can

be

as

much

as

300,000.

The

debt

that

is

owed

to

the

creditor

is

290,000.

The

court

abused

its'

discretion

not only

in not

reopening

the

bankruptcy,

but

in

refusing

to

even

hold

a

hearing

on

the

matter.

Aforementioned

information

is not

only

a

justification

for reopening

the

bankruptcy,

but

also

for

the court

to

forward

this

information

to

the

US

Attorney's

office

for

prosecution

of

the debtor under

18

USC

152.

FILED

APR

26

2016

CLERK

U,S.

BAITKRUPTCY

COURT

CEWN.AL DISTRICT OF CALIFORHIA

BY:

DoPutY

Clsrk

Case 8:16-cv-00398-JAK Document 8-1 Filed 04/27/16 Page 1 of 3 Page ID #:107


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2.In

its'refusal

to

reopen

bankruptcy

without

as much as

a hearing,

Judge

Wallace

stated

that

there

was

a

hearing

previously.

However,

during

the

prior

hearing

that

was

held

on

05.02.2012

the

creditor

stated that

the creditor

did

not

receive

the

bankruptcy notice

and

asked

to

reopen

&e

bankruptcy on that

basis.

At

the

time

of

05.07.2012

hearing

the only

finding

that

was

made

by

the

Bankruptcy

court,

was

the

decision

that

since

the

notice

was

sent,

the

court

assumed

that

it was received.

The

court

did not

make

any

findings

on the

merits.

Additionally,

at the time

the

creditor

did

not

even

know

about

the

inheritance

as the

partner

of the

debtor

contacted

the

creditor

only

recently.

Based

on the

aboveo

the Dishict

court

should

reverse

the decision

of the

Bankruptcy

court

and

reopen

the

bankruptcy

Respectfully

submitted,

Orly

Taitz,

ESQ

Attorney

for

the Creditor

Medical

Dental

44.25.20L6

I)evelopment

LLC



7/7

Certificate of

Semce

I,

Orly

Taitz,

served attached

pleadings

on

the

debtor

via first

class

mail

and

ECF

on

04.26.2016

Signed

lsl

Orly

Taitz,

Attorney for

Creditor

Medical-Dental

Development

LLC


Documents

In Re D Johnson Response