Foothill Financial LP and their Partners JOHN ACHIERIS and RON ACHIERIS along with their Representing Attorney AMY E. MARTINEZ committed Fraud upon the US Bankruptcy Court Central District of California on July 2 by Knowingly filing a ENTIRELY BASELESS FRAUDULENT MOTION FOR " RELIEF OF STAY "in Chapter 13 Bankruptcy Case 2:10 -20998 Debtor Larry Michael Rusin.
The motion for " relief of stay was based on false certification of post petition payments that they were not entitled to recieve under the terms of the chapter 13 plan and the adequate protection attachment order.
THIS IS A FEDERAL BANKRUPTCY CRIME. This fraudulent motion was not contested by Mr Rusin's Attorney Rhonda K. Walker whom was at the time in the process of being BARRED FROM PRACTICING LAW AT THE US BANKRUPTCY COURT of Central District of California as she was notified on or around July 1.
Debtor had INSISTED AND HAD TRIED TO CONTACT Attorney Rhonda K. Walker numerous times to inform his Attorney of the COMPLETELY FRAUDULENT MOTION FILED BY FOOTHILL FINANCIAL LP. John achieris, attorney amy e. MARTINEZ.
This Fraud resulted in the loss of Mr. Rusin home of over 37 years as was it was taken to Trust Deed Sale on July 15.
All of the Post Petitiion Payments Had been made on time and filed. Both for the Mortgage Lender Ocwen as required and for the Chapter 13 Trustee as required under the Chapter 13 plan.
Mr. Rusin was NOT ORDERED and under the Chapter 13 Plan and the Attachment Order order on April 27 to make payments toFoothill Financial Lp (2nd Mortgage Creditor).
The payments were... Not required. Because Foothill Financial was listed as a creditor LIEN STRIP under the Chapter 13 Plan. This is under the Bankrupcy Code listed as an UNSECURED CREDIT WHICH CAN BE LIEN STRIPPED AS A LISTED 2ND MORTGAGE AS WAS THE CASE WITH FOOTHILL FINANCIAL LP.
Below is a list of the events leading to the fraud upon debtor larry rusin, the us bankruptcy court and the us trustee office in the order it happened
April 27
1) at the chapter 13 341 "meeting of creditors" is was made very clear and foothill financial lp attending partner ron achieris was told... Recorded... On the record that debtor larry rusin was. Not required to make payments to foothill financial lp up until confirmation under the guidelines of judge ahart as clearly stated on the record by the chapter 13 trustee. The confirmation hearing was not to be held until july 8
May 7
2) order for adequate protection attachment order may 7 clearing stating for debtor larry rusin (chapter 13 bankruptcy case # 2:10- 20998)..." that movant shall comply with all bankruptcy rules and procedures and make all payments required... Under the plan!!! In a timely manner!"... This is exactly what debtor larry rusin did yet foothill financial lp ignored the order!
May 24
3) ATTORNEY E. MARTINEZ representing Foothill Financial LP.inTENTIONALLY, RECKLESSLY and even made a 'DECLARATION UNDER THE PENALTY OF PERJURY' objected that DEBTOR LARRY RUSIN did not have to make payments and that his Attorney had not filed the lien strio motion by May 25... But within a few passing days the record shows the lien strip had been filed as the Docket reflects.
4) THE REQUIRED POST PETITION PAYMENTS" both MORTGAGE AND TRUSTE had been made and filed with court under the Chapter 13 Plan. APRIL, MAY, JUNE as required.
July 2
5) JULY 2 John Achieris partner of Foothill Financial Lp makes a 'FALSE DECLARATION DECLARATION" claiming that Foothills Financial LP had not received payments for MAY, JUNE, JULY that Foothill Financial LP was entitled to under the Adequate Protection attachment order.
This was complete fraud and he knew.
July 2
6) ATTORNEY AMY E. MARTINEZ filed the "Motion for Relief of Stay" all well knowing it was based on "False Certification" and by also Filing for a "Shortened Time Hearing " to attempt to expedite
the hearing for ruling because the " MOTIVE " was that Debtor Larry Rusin home located at: 7858 Melva Street Downey, Ca 90242 was set for a SALE DATE OF July 15.
7) If the Property was NOT taken to sale by the Date of JUly 15... The foreclosure process deadline of 365 days (1 year) under California Law 2924 of the procedure of Foreclosure would expire... ANY DEFAULT CLAIM would have to be refiled and start over again as a new case after July 15.
July 8
8) Foothill Financial LP, John Achieris, and representing Attorney Amy E. Martinez took that chance by believing Attorney Rhonda K. Walker would not contest the "False Certification of Post Petition Payments" which she didn't respond resulting in a "Relief of Stay Order" they immediately had posted and took the property to sale by 'DECEIVING DEBTOR LARRY RUSIN AND THE US BANKRUPTCY COURT, US TRUSTEE ON JULY 8.
July 15
9) debtor larry rusin property and home of over 37 years was illegally taken to trust deed sale and sold for the price of $60,000 to hphp properties llc.
ALL OF THE ABOVE IS... ON THE RECORD with PACER and the recording of the 341 MEETING OF CREDITORS is on the record with the US TRUSTEES OFFICE. All... Of the above allegations are true and real.
THIS IS A FEDERAL Bankruptcy crime by both creditor FOOTHILL FINANCIAL LP partner JOHN ACHIERIS and their representing ATTORNEY AMY E. MARTINEZ as they were well aware of the crimes they committed.
Complaints will also be filed with us trustee office of los angeles, the california state bar and the california attorney general office camala harris mortgage fraud dept.
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