[00:00:04] Speaker 01:
All right, you want to call the next matter in Ray Whitzer, Laurie Heft, Appellant in pro se, Michael S. Kogan, Council for Appellee, Brian D. Whitzer.

[00:00:40] Speaker 00:
Good morning.

[00:00:47] Speaker 00:
Good morning, Your Honors.

[00:00:48] Speaker 00:
I'm Lori Hoft, appellant, pro se.

[00:00:52] Speaker 03:
All right, do you want to reserve some time?

[00:00:55] Speaker 00:
Is the total time 15 minutes?

[00:00:57] Speaker 03:
It is.

[00:00:57] Speaker 03:
And counting.

[00:00:59] Speaker 00:
May I reserve, may I speak for 10, may I speak for 11?

[00:01:03] Speaker 03:
Yeah, you can reserve four.

[00:01:05] Speaker 00:
Okay, thank you.

[00:01:11] Speaker 03:
You're going to have to come back up here when you're ready.

[00:01:55] Speaker 00:
Good morning, Your Honors.

[00:01:57] Speaker 00:
I'm going to be reading from something.

[00:01:59] Speaker 00:
I have a disability head injury and PTSD.

[00:02:02] Speaker 00:
I'm going to do the best I can.

[00:02:05] Speaker 00:
You're probably wondering why I don't have an attorney.

[00:02:08] Speaker 00:
I'm here to ask you to reinstate my adversarial claim which was timely filed under the rule of excusable neglect.

[00:02:18] Speaker 00:
The debtor is also a debtor and a creditor on this bankruptcy of his own bankruptcy.

[00:02:25] Speaker 00:
He misappropriated 38,000 in my client trust funds and my case was dismissed based on a hearing.

[00:02:33] Speaker 00:
His attorney is also an individual creditor

[00:02:37] Speaker 00:
and an individual creditor as his law office.

[00:02:42] Speaker 00:
The estate was able to take $110,000 that I never signed and refused because they didn't have a right to a lien on my case.

[00:02:51] Speaker 03:
You know, none of that actually got adjudicated.

[00:02:53] Speaker 03:
So why don't you tell us what the mistake was that resulted in dismissal?

[00:02:56] Speaker 03:
Because that's really what your problem is, right?

[00:02:59] Speaker 00:
Yes.

[00:02:59] Speaker 00:
Okay.

[00:03:00] Speaker 03:
Why don't you just help us out with that part?

[00:03:01] Speaker 00:
Sure.

[00:03:03] Speaker 00:
I live, I missed the hearings dated April

[00:03:07] Speaker 00:
date February 19th no no I'm it can I read from it judge Lafferty you do whatever you want okay I missed hearings and was not allowed to present evidence or ever have the case tried that's why I wanted it reinstated I was in the middle of a perfect storm which was a

[00:03:27] Speaker 00:
I did not get the mail from the court in February, March and April because right before the February 6 hearing my service dog for disability was diagnosed with bone cancer and I was told she would be dead by February 14th.

[00:03:42] Speaker 00:
February 19th I hired Judy Lynn Shields.

[00:03:46] Speaker 03:
Can I just make sure I understand?

[00:03:47] Speaker 03:
You're not saying that somehow the mail went to the wrong house.

[00:03:50] Speaker 03:
You're saying you simply didn't see it.

[00:03:52] Speaker 00:
I'm saying I live in Playa Vista and I hired a legal document assistant to check Pacer.

[00:04:02] Speaker 03:
Well, if things were mailed to you, are you saying they didn't get to the address?

[00:04:05] Speaker 03:
Are you saying I got them but I didn't look at them or I didn't realize they were important?

[00:04:10] Speaker 00:
I actually live in a building next to this encampment and I didn't go down to the mail room when my dog had the bone cancer.

[00:04:17] Speaker 03:
So you didn't check the mail for three months?

[00:04:20] Speaker 00:
I didn't check the mail.

[00:04:21] Speaker 03:
I just want to know what you're telling me, that's all.

[00:04:23] Speaker 00:
The truth is I didn't check the mail for three months.

[00:04:27] Speaker 00:
I pay my rent, even the landlord, we have to pay our rent online.

[00:04:31] Speaker 00:
It's right next to the river.

[00:04:33] Speaker 00:
It's in the basement.

[00:04:34] Speaker 00:
It's dangerous place as a woman to go down there.

[00:04:37] Speaker 00:
We have no security since COVID.

[00:04:39] Speaker 00:
It's very sketchy and gross.

[00:04:43] Speaker 00:
So yes, your answer is I didn't check the mail and I didn't get the mail.

[00:04:47] Speaker 00:
And I told Judge Basin that, that I was relying on Judy Lynn Shields.

[00:04:51] Speaker 00:
She's not a federal bankruptcy helper.

[00:04:55] Speaker 00:
She's just a legal document assistant.

[00:04:57] Speaker 00:
She has zero experience in federal court.

[00:05:00] Speaker 00:
And only on April 21st, I thought I had to come back April 30th, Judge Basins, I thought, said, we're coming back April 30th.

[00:05:09] Speaker 00:
He was going to order this to mandatory mediation.

[00:05:12] Speaker 00:
That day, February 6, when I had eight days left from AC to live, I said, why don't we just do the mandatory mediation?

[00:05:19] Speaker 00:
Mr. Cogan said, this is way too premature.

[00:05:22] Speaker 00:
So I thought, like the state court timeline, okay, I guess this is going to drag out for a year.

[00:05:26] Speaker 00:
And so Judy contacted me on February 19th, and she said, no further appearances until April 30th.

[00:05:35] Speaker 00:
And I submitted that text.

[00:05:37] Speaker 00:
So April 21st, I was like, what time do I have to be there, April 30th?

[00:05:41] Speaker 00:
She said, oh my God, your case was dismissed.

[00:05:44] Speaker 00:
April 22nd, we filed a motion to vacate the dismissal.

[00:05:48] Speaker 00:
And in the car is the first time I have heard Judy had dyslexia, some kind of dyscalculate, whatever it is.

[00:05:57] Speaker 00:
And I believe potentially like an early onset of dementia, what her father died of.

[00:06:03] Speaker 00:
But if she admits those things, she'll never get hired anywhere.

[00:06:06] Speaker 00:
So I tried to be gentle and pragmatic.

[00:06:09] Speaker 00:
Then we went back to Judge Basin.

[00:06:11] Speaker 00:
I called Judge Basin Chambers and told him I never saw that correspondence.

[00:06:16] Speaker 00:
I would not have missed an appearance.

[00:06:18] Speaker 00:
I'm diligent about things I can be diligent about.

[00:06:21] Speaker 00:
And my service dog, instead of having eight more days to live, lived 59 more weeks with

[00:06:26] Speaker 00:
Stage 4 bone cancer and she she was with me for 13 years so Mr.. The error by me of Missing those two hearings on May 8th Judy Shields, and I we went to public council Neil Basin told me go to public council They thought I could we call them judge Basin

[00:06:46] Speaker 00:
Oh, sorry, certainly.

[00:06:48] Speaker 00:
Judge Neil Basin, who I liked, told me to go to public council.

[00:06:52] Speaker 00:
Judy Shields and I went to public council twice and they told us, just tell Judge Basin that this falls under excusable neglect and you're really sorry and they were aware of excusable neglect because of...

[00:07:06] Speaker 00:
the unforeseen terminal cancer diagnosis of a service doc, Judy Shields cognitive impairment, which she submitted a declaration on, which I had no knowledge of.

[00:07:18] Speaker 00:
And number three, the fact that I didn't get the mail because it was a dangerous place, I did do a backup plan because everything stopped when you hear the words bone cancer.

[00:07:32] Speaker 00:
It's like a race against time.

[00:07:34] Speaker 00:
Every day.

[00:07:35] Speaker 00:
The reason I didn't go down to the mailboxes, I didn't even take a shower for two months.

[00:07:39] Speaker 00:
It was just so heart-wrenching.

[00:07:42] Speaker 00:
And going to the places to try to save Macy's life was heart-wrenching.

[00:07:47] Speaker 00:
I put her in a clinical trial from Yale where they are getting a 65% healing of children and animals with bone cancer.

[00:08:00] Speaker 00:
But when I look at this situation that Brian D. Witzer was able to scam 38,000 out of my client.

[00:08:07] Speaker 03:
Let's not make those allegations here because we can't try them, okay?

[00:08:11] Speaker 03:
We can't find any facts, okay?

[00:08:14] Speaker 03:
Can I make sure I understand something?

[00:08:17] Speaker 03:
What you're relying on really is just the excusable neglect, right?

[00:08:21] Speaker 00:
And some cases that were presented.

[00:08:24] Speaker 03:
But I guess my point is, Judge Basin had a number of hearings.

[00:08:31] Speaker 03:
There were notices that went out.

[00:08:34] Speaker 03:
You didn't get them because you made the decision not to go down to the mailbox.

[00:08:42] Speaker 03:
What did Judge Basin do that was wrong?

[00:08:45] Speaker 03:
I mean, there's two issues here.

[00:08:46] Speaker 03:
Judge Basin might have made a mistake or you might have an excuse.

[00:08:50] Speaker 03:
I'm hearing I have an excuse and I have to decide, we have to decide whether the excuse is sufficient or not.

[00:08:56] Speaker 03:
But what is it that Judge Basin did that was wrong?

[00:09:00] Speaker 00:
Well, what I felt Judge Basin did that was wrong was I felt that I was telling him that I had objective evidence to submit from the state court which was not my opinion on the financial misconduct.

[00:09:17] Speaker 03:
And I asked... Well, and you get to that if you keep your lawsuit alive and you get to a summary judgment motion or you get to a trial which didn't happen here.

[00:09:25] Speaker 03:
So what Judge Basin did was end this before you got to that point.

[00:09:29] Speaker 03:
The question is, why was that a mistake other than I think I have great evidence?

[00:09:34] Speaker 00:
Because Judge Basin told me February 6th that he was inclined to order it to mandatory mediation, leading me to believe that I would have a due process right to have a trial.

[00:09:46] Speaker 03:
Leading you to believe you didn't have to come to hearings?

[00:09:49] Speaker 00:
No, no.

[00:09:51] Speaker 00:
OK.

[00:09:52] Speaker 00:
I didn't know how.

[00:09:52] Speaker 03:
How is that a mistake by Judge Basin?

[00:09:56] Speaker 00:
The mistake by Judge Basin, the only mistake I feel by Judge Basin was he referred me to public counsel that that would be a sufficient way to help myself.

[00:10:11] Speaker 03:
He made no representation or warranty to you.

[00:10:14] Speaker 03:
I'm sure he told you there was a resource, correct?

[00:10:17] Speaker 03:
And you went to the resource.

[00:10:18] Speaker 00:
I take responsibility.

[00:10:21] Speaker 00:
I went to the resource.

[00:10:22] Speaker 00:
I don't know these words, warranty.

[00:10:24] Speaker 00:
So let me just go.

[00:10:26] Speaker 03:
Well, let me tell you what it means, okay?

[00:10:27] Speaker 03:
He didn't tell you, I'm telling you to go to public council.

[00:10:31] Speaker 03:
What he said was, I'm telling you there is a resource, you can use it, right?

[00:10:34] Speaker 03:
and you did that.

[00:10:36] Speaker 00:
That's all good.

[00:10:36] Speaker 00:
Okay.

[00:10:37] Speaker 00:
Of course.

[00:10:38] Speaker 00:
The way that I think that Judge Basin was a little too ... I felt that Judge Basin was ... I felt the topic of whether or not I could present evidence to the court or deserved to be judicial discretion

[00:10:57] Speaker 00:
of excusable neglect for good cause, no bad faith.

[00:11:02] Speaker 00:
He didn't seem to synthesize or hear that I was at the cancer care places.

[00:11:17] Speaker 00:
On both hearings, I was at medical treatments.

[00:11:20] Speaker 00:
He didn't say if this matter is going to be over in 60 days.

[00:11:28] Speaker 00:
He didn't say there was an urgency for mandatory mediation.

[00:11:32] Speaker 00:
He didn't give any ticking clock, like you guys are telling me, hey, you have this many minutes.

[00:11:38] Speaker 00:
There was just none.

[00:11:39] Speaker 00:
On my case with Mr. Whitzer, it dragged out four years.

[00:11:42] Speaker 00:
Two years he was in bankruptcy, he concealed it.

[00:11:45] Speaker 00:
He actually told me until three months before the bankruptcy, I'm on a $200 million trial.

[00:11:50] Speaker 00:
I'm not going to go bankrupt.

[00:11:52] Speaker 00:
Everyone who's listed as a creditor knew he was going bankrupt.

[00:11:56] Speaker 03:
Okay, again, that's not, we can't make any findings about that, okay?

[00:12:00] Speaker 00:
Well, can you make findings about... No, we can't make any findings.

[00:12:03] Speaker 00:
Not findings, I don't know these words.

[00:12:06] Speaker 00:
Can you make, can you reinstate my case based on...

[00:12:16] Speaker 00:
On the word findings through me off.

[00:12:18] Speaker 00:
Can you reinstate my case based on?

[00:12:23] Speaker 00:
Why couldn't judge basin have sanctioned me or some other thing than just dispose of my trial which is about fraud that's not allowed in the bankruptcy code It's not allowed for attorneys to abuse the bankruptcy system.

[00:12:38] Speaker 00:
It's not allowed for their attorneys to abuse the

[00:12:41] Speaker 03:
Yeah, and none of that's been proven yet.

[00:12:43] Speaker 03:
So the question is, should Judge Basin have let you go forward?

[00:12:46] Speaker 03:
That's the question, right?

[00:12:48] Speaker 01:
Yes.

[00:12:48] Speaker 03:
OK.

[00:12:48] Speaker 03:
You know, you're under four minutes.

[00:12:49] Speaker 03:
Do you want to take a little break now?

[00:12:51] Speaker 03:
Totally.

[00:12:51] Speaker 03:
OK.

[00:12:52] Speaker 03:
I bet you do.

[00:12:52] Speaker 03:
Thank you.

[00:12:53] Speaker 03:
Thank you.

[00:12:53] Speaker 03:
Yeah.

[00:13:04] Speaker 02:
Good morning, Your Honors.

[00:13:05] Speaker 02:
Michael Cogan for Brian D. Witzer, the appellee.

[00:13:10] Speaker 02:
This is a difficult one for me.

[00:13:17] Speaker 02:
This case has been so difficult because I have, and I think the court has bent over backwards for the appellant here.

[00:13:32] Speaker 02:
Frankly, the empathy shown by Judge Basin throughout the process and

[00:13:38] Speaker 02:
The amounts of notice and information provided to the appellant by the court and by the parties to the matter are significant.

[00:13:51] Speaker 02:
My brief clearly shows all of the notices and all of the information that was mailed and emailed and responded by the appellant before the hearing on the 20th of February in which the appellant didn't show up, didn't appear.

[00:14:06] Speaker 02:
Judge Basin, on a number of occasions in his orders, court has all of those tentative orders which are parts of the orders and in the notices to the appellant,

[00:14:17] Speaker 02:
Discussed that he understood the appellant was proper that this is a difficult process He provided a law clerk to the the appellant.

[00:14:25] Speaker 02:
I don't recall him providing a Public council I think there was some discussion at the February 6th hearing about public council which was not a hearing on the adversary proceeding by the way was a hearing on early well it was a

[00:14:38] Speaker 02:
It was the February 6th hearing in which Ms.

[00:14:42] Speaker 02:
Hoff appeared was three different hearings.

[00:14:45] Speaker 02:
It was the Chapter 7 trustee in the corporate case motion to dismiss the complaint because he was named as a defendant.

[00:14:55] Speaker 02:
It was a relief from stay motion in the main case filed by Ms.

[00:14:59] Speaker 02:
Hoff to get relief because she had also assumed Mr. Whitzer in state court and named him as a defendant.

[00:15:06] Speaker 02:
And the judge gave her a limited

[00:15:09] Speaker 02:
limited ability to serve him because she still hadn't served him in the in the state court case and But he didn't allow her to proceed in that case and by the way he has subsequently dismissed that Vacated that relief from stay and there was no longer really from state given his dismissal order It's not I don't think it's in the record, but and then the third matter was a motion that

[00:15:32] Speaker 02:
by Mr. Whitzer for violation of the stay under 362K because Ms.

[00:15:38] Speaker 02:
Hoff filed the state court complaint after the bankruptcy and after a number of letters, emails to her to ask her to withdraw, she didn't.

[00:15:48] Speaker 02:
The judge denied that motion.

[00:15:50] Speaker 02:
Those are the three matters at that hearing.

[00:15:52] Speaker 02:
But at that hearing, he also made a note that, because I did appear, and I informed the court that he did not, that he had not, that Mr. DeWitza had not been served.

[00:16:05] Speaker 02:
So he provided information about the, again, the February 20th status conference.

[00:16:11] Speaker 02:
and that he would expect that service would occur again.

[00:16:15] Speaker 02:
Service would occur by that time and that Ms.

[00:16:17] Speaker 02:
Hoff should get a new summons because the summons were stale.

[00:16:21] Speaker 04:
And then counsel, he, you had filed a motion to dismiss it.

[00:16:25] Speaker 02:
I then subsequently about a week later filed a motion to dismiss, asked for it to be heard on short notice on the 20th.

[00:16:30] Speaker 02:
Denied.

[00:16:32] Speaker 02:
The motion was... The accelerated hearing was denied.

[00:16:35] Speaker 02:
The short notice was denied.

[00:16:36] Speaker 02:
What he said was no further briefing, but please, but at the 20th we'll make a determination.

[00:16:43] Speaker 02:
At that 20th hearing, Ms.

[00:16:45] Speaker 02:
Hoff did not show up, did not file a status report.

[00:16:49] Speaker 04:
extended the time for service at that point.

[00:16:51] Speaker 02:
I was just going to get to that, yes.

[00:16:52] Speaker 02:
And so he then issued his own order, which was sent by his clerk, and also I think I sent it as well, which basically said, Ms.

[00:17:01] Speaker 02:
Hoff has until March 5th to get new summons and serve it, that I'm applying a law clerk for your personal service or personal pieces of information if you have any issues.

[00:17:15] Speaker 02:
And third, I understand that we are not

[00:17:19] Speaker 02:
able to give you legal legal advice, but we can help you through the process and then set a status hearing thereafter.

[00:17:26] Speaker 02:
I'm sorry and then set a status hearing and set the status next status conferences April 9th.

[00:17:33] Speaker 04:
Again, that was service happened on the 5th.

[00:17:36] Speaker 04:
I'm did service happen on the 5th of March as indicated in the order did miss Hoff appear at the subsequent status hearing that was no schedule.

[00:17:46] Speaker 02:
And that's and then he issued I appeared and he and he made it again another court order and basically issued his motion is dismissal order on the 15th of April six days later.

[00:18:00] Speaker 02:
I do want to make a couple of comments, because his two orders are so in this positive sense of how much care and effort he went into this case.

[00:18:14] Speaker 02:
The facts are very clear how much work everyone put into it.

[00:18:18] Speaker 02:
And it's inexcusable for Ms.

[00:18:21] Speaker 02:
Hoff to just ignore everything.

[00:18:25] Speaker 02:
I understand her service dog might have cancer and I'm very sad to hear that.

[00:18:32] Speaker 02:
I understand that she may have some disabilities.

[00:18:34] Speaker 02:
We don't know what and what those are necessarily.

[00:18:38] Speaker 02:
She never applied for any accommodations at the bankruptcy court at any time, which the local rules provide for.

[00:18:44] Speaker 02:
You can provide

[00:18:46] Speaker 02:
You can apply, there's an application process and then you give them information and they give you whatever accommodation you need.

[00:18:52] Speaker 02:
She never asked for any continuances of any hearings other than the trustees motion to dismiss which was originally scheduled for, I think it was January 6th and she signed a stipulation that that would be continued to February 6th and in that stipulation that she signed, Ms.

[00:19:08] Speaker 02:
Hoff signed, it specifically said the status conference would be continued to February 20th.

[00:19:13] Speaker 02:
So again, Ms.

[00:19:14] Speaker 02:
Hoff not only,

[00:19:17] Speaker 02:
sign that stipulation knowingly knowing that the status conference was continued until February 20th and whether Ms.

[00:19:24] Speaker 02:
Shields or somebody else didn't look at the docket.

[00:19:28] Speaker 02:
We live in a modern age.

[00:19:30] Speaker 02:
You know, it's not like the old days, where I'd have to send a big stack of papers to the court and trying to figure something out.

[00:19:36] Speaker 02:
I go on paste or I look at that.

[00:19:37] Speaker 02:
I can look at the tenant of orders.

[00:19:39] Speaker 02:
I go on the website.

[00:19:41] Speaker 02:
Ms.

[00:19:41] Speaker 02:
Hoff is clearly capable of that.

[00:19:44] Speaker 02:
And Ms.

[00:19:44] Speaker 02:
Shields, who has been assisting her throughout these processes from day one, not from February 19th, by the way, because there are decorations from prior to that time that state that.

[00:19:56] Speaker 02:
And I just wanted to read, this is in the appendix that I filed.

[00:20:02] Speaker 02:
And this is Ms.

[00:20:05] Speaker 02:
Shields Curriculum Vitae, whatever that is.

[00:20:08] Speaker 02:
She's a certified paralegal from UCLA Paralegal School.

[00:20:13] Speaker 02:
And she said, employed as a paralegal beginning in 1988, experienced with probate and estate planning, conservationships, family law, civil litigation, bankruptcy, and corporate business transactions.

[00:20:26] Speaker 02:
She's an experienced paralegal in bankruptcy, as far as we know, from what she has represented.

[00:20:32] Speaker 02:
There just is no excuse.

[00:20:34] Speaker 02:
And one clarification, and close to the hearing before, Mr. Whitzer did receive the discharge in November of last year.

[00:20:46] Speaker 02:
So I know Ms.

[00:20:48] Speaker 02:
Shields in her, I mean, Ms.

[00:20:50] Speaker 02:
Hoffman her brief said that he had received his discharge yet.

[00:20:53] Speaker 02:
So I just wanted to let the court know that as well.

[00:20:57] Speaker 02:
Is there any other questions?

[00:21:00] Speaker 02:
I have nothing else to add.

[00:21:04] Speaker 02:
Other than I live in Playa Vista as well.

[00:21:08] Speaker 02:
And I think it's an incredibly safe area, secure area.

[00:21:14] Speaker 02:
And I live there because my house in the Palisades burnt.

[00:21:17] Speaker 02:
It's a sad thing for me to live there, but I do live there.

[00:21:25] Speaker 02:
And also, again, even if Ms.

[00:21:28] Speaker 02:
Hoth ignored going to her mailbox, I federal expressed the order to her, and I emailed her, and she responded to those emails.

[00:21:37] Speaker 02:
And that's all on the record, Your Honor.

[00:21:40] Speaker 02:
And there are, you know, the documents over there.

[00:21:44] Speaker 02:
Thank you.

[00:21:50] Speaker 03:
Okay, you have a little less than four minutes.

[00:21:53] Speaker 00:
Ms.

[00:21:53] Speaker 00:
Shields did $200 bankruptcies in 88 advanced paralegals.

[00:22:00] Speaker 00:
She has no federal litigation experience.

[00:22:03] Speaker 00:
Mr. Kogan told Judge Basin that he, she was like, I don't know what her injury is, like my wife says I have a head injury.

[00:22:12] Speaker 00:
The only reason I had a personal injury case with Brian D. Witzer was because he said he can win $4 to $5 million at trial.

[00:22:19] Speaker 00:
I got from the bankruptcy trustee who seemed very distinguished, he fed me things.

[00:22:25] Speaker 00:
I got there on February 6th when Macy was going to die by February 14th.

[00:22:31] Speaker 00:
everything stood still.

[00:22:32] Speaker 00:
I was handling that crisis.

[00:22:34] Speaker 00:
I don't have any emails back and forth with Michael Cogan between February 6th and April 30th.

[00:22:42] Speaker 00:
No, I do not.

[00:22:43] Speaker 00:
And I understand it's easy to vilify me and pretend that Michael Cogan lives in Playa Vista in a housing project and that he has empathy.

[00:22:54] Speaker 00:
No, I don't think it is right for bankruptcy lawyers.

[00:22:57] Speaker 00:
I don't think it's right for debtors to be a debtor and a creditor.

[00:23:01] Speaker 00:
I don't think it's right for me to not be able to admit evidence from the state bar.

[00:23:08] Speaker 00:
They've been on a three-year investigation.

[00:23:11] Speaker 00:
Mr. Cogan represented to Judge Basin.

[00:23:14] Speaker 00:
There's nothing going on at the state bar, all resolved.

[00:23:16] Speaker 00:
They are filing charges against him and I was pleading with Judge Basin to just let me handle the dog, get a good bankruptcy lawyer.

[00:23:25] Speaker 00:
I don't feel anyone should be improper in these chambers.

[00:23:29] Speaker 00:
This is way beyond the average person and I am disabled or this estate wouldn't have gotten $110,000.

[00:23:37] Speaker 00:
I don't even know how they claim to lean.

[00:23:39] Speaker 00:
This estate got paid $110,000 on my personal injury settlement while stealing money from me, while vilifying me the whole time.

[00:23:48] Speaker 00:
I mean, this is not justice being served.

[00:23:54] Speaker 00:
I wanted to say to Judge Basin, and I told him that day at the beginning of the transcript, I had found a bankruptcy lawyer.

[00:24:00] Speaker 00:
And he said, that could be good.

[00:24:02] Speaker 00:
And then after Mr. Cogan spoke, he just flipped.

[00:24:07] Speaker 00:
And so these 10 emails, I had no problem communicating with Timothy Yu.

[00:24:14] Speaker 00:
He's a licensed bankruptcy person.

[00:24:16] Speaker 00:
He FedExed things to my door.

[00:24:18] Speaker 00:
I got them.

[00:24:19] Speaker 00:
I didn't get the things from Michael Cogan in that time window, though he says he lives right on the LA River and he knows my life.

[00:24:27] Speaker 00:
They still pretend like I have no disabilities, that I don't deserve any latitude.

[00:24:33] Speaker 00:
The things that occurred were out of my control.

[00:24:36] Speaker 00:
If anyone's children had bone cancer or if they were having symptoms of dementia, my friend's father was a judge, Judge Armstrong.

[00:24:46] Speaker 00:
He did not want to leave the bench, even though he knew he had that diagnosis.

[00:24:50] Speaker 00:
The kids had to fight him.

[00:24:53] Speaker 00:
I don't have dementia.

[00:24:54] Speaker 00:
I have PTSD and a brain injury.

[00:24:57] Speaker 00:
I have illnesses that were out of my control that prohibited my meticulous detail and I expected that the judge, looking at the seven reasons for excusable neglect,

[00:25:10] Speaker 00:
could institute his discretion, given the facts of the matter, show Whitzer is a creditor and a debtor on his own bankruptcy.

[00:25:20] Speaker 00:
I'm sorry, but I do think some things went on here.

[00:25:23] Speaker 00:
And after Whitzer, I got some people at Girardi to represent me.

[00:25:28] Speaker 00:
I have been through the mill of like a TED Talk of lawyers that have been outside of the bounds.

[00:25:35] Speaker 00:
And so I ask you to please explain to me, not today, but there are seven factors for excusable neglect.

[00:25:45] Speaker 00:
Judy Lynn Shields fits the criteria.

[00:25:48] Speaker 00:
I fit the criteria for medical illness.

[00:25:50] Speaker 00:
My service dog fits the criteria of why I didn't get the correspondence.

[00:25:55] Speaker 00:
Why did I get Timothy Yu's correspondence?

[00:25:58] Speaker 03:
I don't know.

[00:25:58] Speaker 00:
He FedExed it right to my door.

[00:26:01] Speaker 03:
You're over your time.

[00:26:02] Speaker 03:
Thank you very much.

[00:26:02] Speaker 00:
Thank you.

[00:26:04] Speaker 03:
Matter is under submission and we'll get you a written decision as soon as we can.

[00:26:07] Speaker 03:
Thank you very much.

[00:26:09] Speaker 03:
Thank you.