Saturday, January 17, 2015

A Victory celebration, 9 years ago today !

“Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honor and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.” 
― Winston Churchill

“Success is the ability to go from one failure to another with no loss of enthusiasm.” 
― Winston Churchill

“As long as we have faith in our own cause and an unconquerable will to win, victory will not be denied us.” 
― Winston Churchill

United States Bankruptcy Appellate Panel for the 9th Circuit Court of Appeals 

January 17, 2006   "We REVERSE and REMAND"  at last a victory in the 6th year of this 15 year saga !

I was renting a room in Murrieta, when it came time to submit my Opening Brief.  against the storage operator Dollar Self Storage, who violated the law, and sold all of my personal and business assets, down to the clothes on my back. Judge Jury sided with the storage operator, Dollar Storage ruling  the law was 'unclear'   therefore she denied my motion for sanctions, and gave me the boot! I appealed to the BAP (Bankruptcy Appellate Panel for the 9th circuit court of appeals.   I filed my Opening Brief 
on April 28, 2005. 

In retrospect, I notice that first sentence in the first paragraph concerned my stolen home, which still had me majorly stressed, while waiting for the 9th Circuit decision, on my house, the current case was about my property, everything I owned. Everything !  

The next month, the landlord decided they did not want to rent the room any longer, I found a room in San Jacinto, which was much closer to my job with Hilton reservations.   

April 28, 2005 BAP  The Opening Brief  

In June of that year the 9th circuit court of appeal denied my appeal against the banks who had stolen my home of 26 years. In July they rejected my motion for them to reconsider       ( with corrections to their understanding of the timeline) No Luck, You are  out !

In August Katrina hit the gulf coast. then, tragically I lost my best friend since third grade, Edward Charles Lutz.  In October I got hired by PaRR inspections, a FEMA sub contractor. Went to Texas for training and deployed to the latest hurricane; WILMA in South Florida. I met up with Eds good friend, Lisa Young, who had done this type of work for years, Lisa helped and guided me while I learned on the job. Thanks Lisa. A week before Christmas I was released and drove back to San Jacinto. 

In January of 2006 I got a call from my former neighbor from Hemet, Tony Garcia, who informed me that I had received some 'official looking' mail. I'll be right over I said.   Skimming the 13 page opinion, I literally fell to my knees when I realized that I had won. Oh happy day, which, coincidentally was the birthday of a friend, from Wichita Falls TX.  Thank You Jesus   !

The Decision  Jan 17, 2006

In Re Ozenne, 337 B.R. 214 (9th Cir. BAP 2006)

Current Update on 11-60039

My current case before 9th Circuit, 11-60039,  was appealed on June 20, 2011. On January 5th 2012,     I submitted my opening brief.

The 9th Circuit Courts of Appeals website FAQ  asserts it resolves cases in  between 12 to 20 months.

My first appeal went 18 months, my second appeal, 2009,was decided in a few short months,, Now, on my third attempt to hit the ball (winning a hearing or trial) the court has already taken 44 months, since my notice of appeal, and 36 months since submitting my opening brief. Not sure why all the delay, considering its the third time they have seen this appeal, but I remain confident and positive.   

Thanks for your support 

 “If you're going through hell, keep going” 
― Winston Churchill

“What is the use of living, if it be not to strive for noble causes and to make this muddled world a better place for those who will live in it after we are gone?” 
― Winston Churchill

No comments:

Post a Comment