John Shek v. David Burchard
Published: Jul. 12, 2019 | Result Date: May 20, 2019 | Filing Date: Feb. 19, 2019 |Case number: 3:19-cv-00588-EMC Bench Decision – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Pro Per
for Appellant
Defendant
Brisa C. Ramirez
(David Burchard Chapter 13 Trustee)
for Appellee
Lilian G. Tsang
for Appellee
Facts
John Shek filed an appeal to the dismissal of his Chapter 13 bankruptcy petition to prevent foreclosure of his property in San Francisco. The dismissal was due to Shek's failure to make a required payment to the Chapter 13 Trustee.
Contentions
PLAINTIFF'S CONTENTIONS: Shek alleged that the dismissal of his Chapter 13 case was the result of collusion between his bankruptcy attorney, the Trustee's staff, the bank and the bankruptcy court.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions.
Result
The court affirmed the bankruptcy court's dismissal because there was no evidence to support Shek's allegation and because Shek failed to make the required payment.
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