Jeffery LY

Southern District of California (Bankruptcy), casb-3:2017-bk-06498

Declaration of Ahren Tiller #

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Case 17-06498-LT7 Filed 12/20/17 Entered 12/20/17 17:01:06 Doc 50-2 Pg. 1 of 2 Ahren A. Tiller, Esq. [SBN: 250608] 1 Bankruptcy Law Center, APC 1230 Columbia St., Ste 1100 2 San Diego, CA 92101 Ph: (800) 492-4033 3 Fax: (866) 444-7026 4 Attorneys for Debtor JEFFERY LY 5 6 7 UNITED STATES BANKRUPTCY COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 11 In re:) Case No.: 17-06498-LT7) 12 JEFFERY LY) Chapter 7) 13 Debtor.) DECLARATION OF AHREN A. TILLER IN) SUPPORT OF MOTION FOR SANCTIONS 14) AGAINST UNITED SHORE FINANCIAL) SERVICES, LLC, d/b/a UNITED 15) WHOLESALE MORTGAGE, FOR JEFFERY LY,) WILLFUL VIOLATIONS OF THE 16) AUTOMATIC STAY Movant,) 17) vs.) 18) UNITED SHORE FINANCIAL SERVICES,) 19 LLC, d/b/a UNITED WHOLESALE) MORTGAGE) 20) Respondents.) Judge: Honorable Laura S. Taylor 21) 22 I, AHREN A. TILLER, am the attorney of record in the above referenced matter. I am 23 admitted to practice law before the Southern District of California Bankruptcy Court. I am over 24 the age of eighteen (18) years, and I am competent to testify regarding the facts contained herein. 25 I possess personal knowledge of the facts contained herein and if called upon to testify I could and 26 would do so as follows. I do hereby declare: 27 1. I am admitted to practice before the Southern District of California Bankruptcy court, and I am 28 the attorney of record in the above-captioned bankruptcy case. DECLARATION OF TILLER 1 Case 17-06498-LT7 Filed 12/20/17 Entered 12/20/17 17:01:06 Doc 50-2 Pg. 2 of 2 1 2. The facts regarding my actions and those of my staff contained in this Motion for Sanctions 2 Against UNITED SHORE FINANCIAL SERVICES, LLC, d/b/a UNITED WHOLESALE 3 MORTGAGE ("UWM"), filed concurrently with this declaration, are true and correct to the 4 best of my knowledge. They are based upon my own personal knowledge, and my office's 5 internal records and files kept in the ordinary course of business. 6 3. The copy of Court Certificate of Mailing with Service by BNC re: Notice of Chapter 7 7 Bankruptcy Filing from the above-captioned bankruptcy case attached hereto and marked for 8 identification as "Exhibit B" is a true and correct copy of that document. 9 4. On November 29, 2017 I drafted a letter to UWM wherein I included a copy of Mr. Ly's Notice 10 of Chapter 7 Bankruptcy Case, and requested that UWM immediately reverse the payments 11 taken from Mr. Ly's bank account in violation of the automatic stay. 12 5. A true and correct copy of the November 29, 2017 letter to WHM is attached hereto and marked 13 for identification as "Exhibit D." 14 6. I exchanged e-mails with the Chapter 7 Trustee Ronald Stadtmueller and the Trustee's 15 Counsel explaining the problem of the continued unlawful payment drafts by UWM and 16 requested input as to whether the Trustee would prefer to pursue the matter via turnover 17 motion or sanction motion filed on behalf of the estate, or if would be preferable for the 18 Debtor to pursue the funds via motion for sanctions. After receiving confirmation from the 19 Trustee and his Counsel, that it would be preferable for the Debtor to pursue the funds via 20 this Motion, we commenced this action. 21 7. The copy of excerpts of e-mails between myself and the Chapter 7 Trustee and the estate's 22 attorney attached hereto and marked for identification as "Exhibit F" and incorporated by 23 this reference. 24 I declare under the penalty of perjury of the laws of the United States of America that the 25 foregoing is true and correct. 26 Dated: December 20, 2017 Submitted By: /s/ Ahren A. Tiller 27 Ahren A. Tiller Bankruptcy Law Center, APC 28 Attorney for Debtor DECLARATION OF TILLER 2