Russell D.

Garrett, WSBA #18657 1 Chapter 7 Trustee 1499 SE Tech Center Place, 2 Suite 380 Vancouver, Washington 98683 3 Telephone: 360-567-3900 Facsimile: 360-567-3901 4 5 6 7 8 9 10 In re: 11 MARK A. LEONARD, 12 13 Debtor.

Hon. Paul B. Snyder Chapter: 7 Location: Vancouver, WA Hearing Date: 10/1/13 Hearing Time: 9:00 a.m. Response Date: 09/24/13

UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA No. 13-43836-PBS CHAPTER 7 TRUSTEE'S OBJECTION TO MOTION FOR RELIEF FROM STAY FILED BY MITCH BOGDEN

The Trustee objects to the Motion for Relief from Stay to Proceed Pending State

14 Court Litigation filed by Mitch Bogden for the following reasons: 15 16 17 18 19 1. Mr. Bogden should be precluded from raising this issue so late. The

arbitration award following a fully litigated opportunity to actually determine the issues was reduced to judgment. After Mr. Bogden filed his Chapter 7 bankruptcy in the Eastern District, the debtor in this case filed a proof of claim in Mr. Bogdens bankruptcy. The

20 Trustee in Mr. Bogdens bankruptcy paid the claim of Mr. Leonard without objection from 21 Mr. Leonard. Had Mr. Bogden wished to address this issue, he should have done it in his 22 own bankruptcy case. He could and should have raised it in the claims process of his own 23 24 25 26 bankruptcy. Instead, Mr. Bogden allowed his claim to be partially satisfied without any objection from Mr. Bogden or his counsel. Moreover, Mr. Bogden obtained Relief from Stay in November 2011, approximately two years ago in his bankruptcy for the purpose of doing
CHAPTER 7 TRUSTEE'S OBJECTION TO MOTION FOR RELIEF FROM STAY FILED BY MITCH BOGDEN
JORDAN RAMIS, P.C. 1499 SE Tech Center Place, Suite 380 Vancouver, WA 98683 Telephone: 360-567-3900

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that which he seeks relief from today again. However, the claim is now property of this

2 bankruptcy estate. Obtaining relief would put the burden on the Trustee to address this issue 3 now two years later and after the claim was already allowed, but did not file a motion to 4 vacate the judgment until May 2013. 5 6 7 8 9 2. Allowing Mr. Bogden Relief from Stay at this juncture places a burden on this

bankruptcy estate, particularly when there is a pending adversary proceeding in Eastern District of Washington, US Bankruptcy Case No. 11-80075-FLK, in Mr. Bogdens bankruptcy. Relief would prejudice the Trustee in this case, particularly when the underlying

10 claim was fully litigated and Mr. Bogden has had two prior opportunities to address this issue 11 and has not. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Page 2 CHAPTER 7 TRUSTEE'S OBJECTION TO MOTION FOR RELIEF FROM STAY FILED BY MITCH BOGDEN
JORDAN RAMIS, P.C. 1499 SE Tech Center Place, Suite 380 Vancouver, WA 98683 Telephone: 360-567-3900

WHEREFORE, the Trustee requests that the Court deny Mitch Bogdens Motion for Relief from Stay. DATED this 23rd day of September, 2013. By: /s/ Russell D. Garrrett Russell D. Garrett, WSBA #18657 Chapter 7 Trustee

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1 2

CERTIFICATE OF MAILING THE UNDERSIGNED HEREBY certifies:

1. My name is Carolyn A. Selid. I am the assistant to the Chapter 7 Trustee in the 3 referenced case. I am a citizen of the United States, over the age of eighteen (18) years, and am not a party to this action. 4 2. On the 23rd day of September, 2013, I caused to be delivered via first-class U.S. 5 Mail, postage pre-paid, a copy of the following: 6 7 CHAPTER 7 TRUSTEE'S OBJECTION TO MOTION FOR RELIEF FROM STAY FILED BY MITCH BOGDEN

8 to the following persons: 9 10 11 Mark A. Leonard PO Box 1249 Kalama WA 98625 Debtor

12 VIA ECF Notice: 13 14 15 16 17 18 19

United States Trustee USTPREGION18.SE.ECT@usdoj.gov

David C. Smith david@davidsmithlaw.com Attorney for Mitch Bogden

Robert C. Brungardt evelyn638@yahoo.com Debtors Attorney

I SWEAR UNDER PENALTY OF PERJURY that the foregoing is true and correct to the best of my knowledge, information and belief. 20 21 22 23 24 25 26
Page 1 CERTIFICATE OF MAILING
JORDAN RAMIS, P.C. 1499 SE Tech Center Place, Suite 380 Vancouver, WA 98683

/s/ Carolyn A. Selid Carolyn A. Selid, Assistant to Chapter 7 Trustee Russell D. Garrett

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Telephone: 360-567-3900

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