Attorney Amy E. Martinez (SBN 245871) of the Geraci Law Firm Knowingly and Recklessly filed a completely Baseless and Fraudulent motion for "Relief of Stay" on July 2nd 2010 against Debtor Larry Michael Rusin. Chapter 13 Bankruptcy Case # 2:10-20998.
The motion was supported by a completely Baseless and Fraudulent declaration under the penalty of perjury by John Aschieris of Foothill Financial lp and Partner Ron Aschieris. This is a side business for Ron Aschieris as he is also a teacher at Morango Elementary School in Pasadena.
The Motive for the Fraudulent claim and filed motion was that if they did not get a "Relief of Stay" by
July 15, 2010 the default notice of the foreclosure process would expire under the California CivilCode 2924 would have to be refiled and the foreclosure process would have to go through the legal process after the 365 day expiration period. [continued below]....
Furthermore, Foothill Financial Lp John and Ron Aschieris feared their loan would be Legally lien stripped by debtor Rusin if refiled because of the fact Debtor Rusin Attorney Rhonda K. Walker (SBN 175108) had failed to include the declaration from the appraiser in the lien strip motion
Instead of going the legal route.. They decided to take a chance and thinking they would not get caught "Committing Fraud" under 9011 and illegally and Knowingly Violated the "Automatic Stay" by overwhelming debtor Rusin and proceeded to foreclose and take my home to trust deed sale and sell their Junior loan for the amount of $ 60,000.
The 1st lender Ocwen Loan Servicing had previously modified the 1st loan and took no part in the Foreclosure and they had no problem with me as the borrower.
This act of Fraud upon the US Bankruptcy Court of the Central District of California has nearly all the same RECKLESS AND MALICIOUS acts of what took place in the case of EILEEN FAGAN US BANKRUPTCY CASE #04 B 23460 9 (ASH).
The Fagan case shadows almost every aspect of what transpired in my Chapter 13 case with the exception of .. .1 IMPORTANT THING !!
*** EILEEN FAGAN NEVER ENDED UP LOSING HER HOME AND NEARLY ALL OF HER BELONGINGS AS I DID AND HAVING MY LIFE NEARLY DESTROYED !
** EILLEN FAGEN ENDED UP RECEIVING OVER $10,000 IN SANCTIONS FROM THE FILING ATTORNEY
* FALSE CERTIFICATION OF POST PETITION DEFAULTS
THIS CASE WAS ENTERED FOR PUBLICATION : IN Re: Gorshstein, 285 B.R. (Bankr S.D.N.Y.)
Motions to lift the stay may be routine and inconsequential to secured creditors and their councel. But to a debtor and his or her family, such a motion and the consuquent loss of the family home may be devestating. Most creditors and councel and conscientious. But some are callus by design or inadvertence, as exemplified by this motion and two thers presented to this Court the same week. The danger here is that a debtor who does not have an attorney or the resources of intellect or spirit to defend against a baseless motion may lose his/her home despite being current on post- petitiion mortgage and plan payments.
I know of no way to protect against such an eventuality if no material consequence attaches to the filing of motions bases upon false certification of fact. Secured creditors and their counsel who know that filing motion to lift the stay will result in material sanctions if caught will undoubtedly be motivated to a higher standard of care.
Dated: White Plains, NY
September 24, 2007
/s/Adlai S. Hardin Jr.
**** ATTN : Attorney Amy E. Martinez (SBN 245871), Ron Aschieris, John Aschieris...
I WILL SEEK LEGAL JUSTICE FOR YOUR CRIMES AGAINST MYSELF AND THE US BANKRUPTCY COURT !