It was February 14, 2011 and at last, after a decade of appeals, I was finally going to get a chance to tell my story in a judicial forum. Earlier I had motioned the court for a hearing, and an opportunity to present my evidence that Ocwen, loan service agent for Chase, violated federal bankruptcy law. And this violation cost my home of 26 years, and my new business, Residential Fire Sprinklers.
I had already been through the appeals process to the Supreme Court, twice, to gain a hearing on my grievances. but not one judge would grant me a hearing. Without telling me where my argument failed. The original Judge ruled she had lost jurisdiction when the case was concluded at dismissal. I found this hard to believe, for if true, undiscovered law violators would need only to keep their violation stealth until the case concluded. I believe that the bankruptcy court continues to maintain jurisdiction for undiscovered violations of bankruptcy law that occurred during the bankruptcy case.
My friend drove me to court early, when I saw that my name was not on the list of cases outside courtroom 302 I went to clerks office and looked up my case, to be astonished to learn that my case was dismissed October 27, 2011(the same day my lifelong friend Greg Vusovich passed away) for 'lack of jurisdiction' the judge wrote on the order.
This was the first time in all my scores of legal filings, that I had failed to receive notice of a court decision. To complicate things, the 10 day window to appeal, had already passed.
I filed a declaration, informing the court that I had not received the notice in the mail.
Next, I drafted a petition for a writ of mandate to the BAP, to order the lower court to follow precedent law, which by this time, completely supported my position. It was denied by the Bankruptcy Appellate Panel for the 9th Circuit Court of Appeals, which, by the way, my judge was now a member of this 7 judge panel, although, obviously was not a member of this 3 judge panel which denied my petition and is now the subject of my current appeal. in the 9th Circuit Court of Appeals, 11-60039. This court has denied two prior appeals in 2005 and 2009.
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