DeclarationCal. Super. - 3rd Dist.March 27, 2015- 0 OP N D UW B w NY a ? o _ | THE BEST SERVICE CO.INC., S o e U A A BR B b = N N - Ww NM N Y NY N N oO Ww A A BR wo CLARK G REN SBN 50564. st FILED BRIAN NELSON SBN: 220716. ey sg, & "of Superior Cour of Saltrontia « LAW OFFICES OF CLARK GAREN’ - | ee Pen Plag || (SALARIED EMPLOYEES OF THE BEST SERVICE CO. INC ) 7 ‘Noy 0 1 oT 6700 8. CENTINELA AVENUE, THIRD FLOOR - CULVER CITY, CALIFORNIA 90230 . <8 2 Mae cxeodlah?, Chat TEL (310) 391- 0800 oo | ws * eal fiber cl EARGI) GbAML ? "4 a | * Martytta ATTORNEY FOR 8 PLAINTIFF , _ SUPERIOR COURT FOR THE STATE OF CALIFORNIA. ‘FOR COUNTY OF PLACER N NR Catem 4! | Case No.; MCV0063173. Plaintiff, © - he ae oo te ee ee of DECLARATION OF BRIAN C. NELSON. | Vs. |, REGARDING OSC RE: BANKRUPTCY ; STATUS > nae FRANCES HERNANDEZ, | os DATE: November 14, 2017 | “Defendants, a - | TIME: 11:30 a.m. © : a | DEPT:40 | RO M ot 20 DECLARATION OF BRIAN C. NELSON: Sebel Gout ati ~ I; Brian Cc. Nelson, declare as. s follows: | - i 1. = Lam an attorney at _- duly admitted to practice before the Courts of the state of California. I am counsel of record for Plaintiff The Best Service Ge: Ine., is an. 1 action styled The T Best Service Co. Inc., v. Frances. Hemandez Case No. MCV0063 173. I submit this declaration | pursuant to the Odes: to Show Cause re: Bankruptcy Status scheduled for November 14, 2017. 2. Defendant filed chapter 7 bankruptcy on March 21, 2017, case no. 17-21 824. | 3. =A Notice of Stay was filed on April 3, 2017. : . | 4. An Onder to Show Cause re: Hanlrpay Status was originally scheduled and heard ‘on June 6, 2017. 5. . The court continued the pening to November 14, 2017. - The Best Service Co., Inc., v. Frances Hernandez: Declaration of Brian C. Nelson S O C G s a D B H A FB W w N e N Y NN N Y NY N N N H N . N N BS eB o e . S P O S e S e e e RS S B l e e o K N K O A PB O Y N E F O O ( O D B O O O D N O U R O Y O N D L S © © 6. On July 3, 2017 an Order of Discharge was entered. Attached hereto exhibit A. 7. Therefore, Plaintiff has filed’ a Request for Dismissal, and request the hearing scheduled for November 14, 2017 at 11:30 a.m. be vacated. Plaintiff's Request for Dismissal, which was filed concurrently with the Court, is attached for reference. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 31% day of Oct, 2017, at Culver City, California. Brian C. Nelson, Esq. Attorney for Plaintiff The Best Service Co., Inc., v. Frances'Hernandez: Declaration of Brian C. Nelson ii 10 al 12 13 14 215 16 17 18 19 20 2l 22 23 24 25 26 27 28 29 PROOF OF SERVICE STATE OF CALIFORNIA COUNTY OF LOS ANGELES I am employed in the county of Los Angeles, State of California. I.am over the age of 18 and not a party to the within action; my business address is 6700 S. Centinela Ave., 34, Floor, Culver City, CA 90230. On October 31, 2017, I served the foregoing document(s) DECLARATION. OF BRIAN C. NELSON REGARDING OSC RE: BANKRUPTCY STATUS on the interested parties in this action by placing a true copy thereof enclosed in:sealed envelopes addressed.as follows: FRANCES HERNANDEZ 322 % HIGH STREET ROSEVILLE, CA 95678 Lam "readily familiar" with the firm's practice of collection and processing of correspondence for mailing, Under that practice it would be deposited with U.S. postal service -on that same day with postage thereon fully prepaid at Culver City,-California in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on: October 31, 2017 at Culver-City, Ca. TWA. Taylor Rowland Vv’ PROOF OF SERVICE EXHIBIT A Filed 07/03/17 Co Case 17-21824 om Doc 21 Debtor 1 Frances Hernandez Social Security number or ITIN = xxx-xx-6585 FirstName ~ Middle Name - Last Name Debtor 2 ” ae FirstName’ . Middie Name = Last Name (Spouse, if filing) Case number: 17-21824 United States Bankruptcy Court Eastern District of California EIN = Social Security number orITIN __ EIN = Order of Discharge 12/15 IT IS ORDERED: A discharge under 11 U.S.C. § 727 is granted to: Frances Hernandez 332 1/2 High Street Roseville, CA 95678 Dated: T3417 For the Court, Wayne Blackwelder , Clerk Explanation of Bankruptcy Discharge in a Chapter 7 Case This order does not close or dismiss the case, and it does not determine how much money, if any, the trustee will pay creditors. Creditors cannot collect discharged debts This order means that no one may make any attempt to collect a discharged debt from the debtors personally. For example, creditors cannot sue, garnish wages, assert a deficiency, or otherwise try to collect from the debtors personally on discharged debts. Creditors cannot contact the debtors. by mail, phone, or otherwise in any attempt to collect the debt personally. Creditors who violate this order can be required to_pay debtors damages and attorney's fees. However, a creditor with a lien may enforce a claim against the debtors’ property subject to that lien unless the lien was avoided. or eliminated. For example, a creditor may have.the right to foreclose a.home mortgage or repossess an automobile. Official Form 318 Order of Discharge This order does not prevent debtors from paying any debt voluntarily or from paying reaffirmed debts according to the reaffirmation agreement. 11 U.S.C. § 524(c), (f). Most debts are discharged Most debts are covered by the discharge, but not all. Generally, a discharge removes the debtors’ personal liability for debts owed before the debtors’ bankruptcy case was filed. Also, if this case began under a different chapter of the Bankruptcy Code and was later converted to chapter 7, debts owed before the conversion are discharged. : In-a case involving-community.property: Special rules protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case. For more information, see page 2 > page 1 Exhibit "A" Filed 07/03/17 o Some debts are not discharged Examples of debts that are not discharged are: ¢ debts that are domestic support obligations; ¢ debts for most student loans; ¢ debts for most taxes; ¢ debts that the bankruptcy court has decided or will decide are not discharged in this. bankruptcy case; « debts for most fines, penalties, forfeitures, or criminal.restitution obligations; # some debts which the debtors-did not properly list; ! ¢ debts for certain types of loans owed to pension, profit sharing, stock bonus, or retirement plans; and @ debts for death or personal injury caused by operating’a vehicle while intoxicated. Official Form 318 Case 17-21824 Also, debts covered by a valid reaffirmation agreement are not discharged. In addition, this discharge does not stop creditors from collecting from anyone else who is also liable on the debt, such as an insurance company or a person who cosigned or guaranteed a loan. This information is only a general summary of the bankruptcy discharge; some exceptions exist. Because the law is complicated, you should consult an attorney to determine the exact effect of the discharge in this case. . Order of Discharge page 2 Exhibit "A" o Doc 21
