[00:00:04] Speaker 00:
Okay, Ms.

[00:00:25] Speaker 03:
Osteorane, can you hear us?

[00:00:27] Speaker 01:
Yes, I can.

[00:00:28] Speaker 03:
We can hear you too.

[00:00:29] Speaker 03:
Okay, you've got 15 minutes.

[00:00:32] Speaker 03:
You have the floor.

[00:00:33] Speaker 03:
I won't ask if you want to reserve any time, since there's nobody on the other side.

[00:00:37] Speaker 01:
Yeah, I'm only going to take about three minutes.

[00:00:40] Speaker 01:
I will begin by saying good morning and thank you for this hearing.

[00:00:45] Speaker 01:
But there's been a glitch in the filing of a supplemental brief.

[00:00:52] Speaker 01:
I had registered for the e-filing on November 17, but my account has not been activated.

[00:00:58] Speaker 01:
I was with the clerk speaking to the clerk yesterday about getting it submitted yesterday, but we couldn't get it submitted.

[00:01:07] Speaker 01:
And so you do not have the supplemental brief.

[00:01:11] Speaker 01:
The supplemental brief touches on the transcript of the hearing.

[00:01:16] Speaker 01:
And that is the core issue of this case.

[00:01:26] Speaker 02:
The time for filing supplemental briefs has passed, so you're not authorized to actually file any additional briefs.

[00:01:33] Speaker 02:
So we understand that you attempted to file one, but I don't believe it's been filed yet, and it's not something that we're going to be willing to consider.

[00:01:42] Speaker 01:
OK, and on the November 10th filing, per your request, I requested to file the supplemental brief at that time.

[00:01:55] Speaker 02:
Why don't you spend your time today telling us why you think that we should reverse the bankruptcy court?

[00:02:02] Speaker 01:
OK.

[00:02:03] Speaker 01:
Basically, there are two issues with the hearing.

[00:02:08] Speaker 01:
The matter was the hearing.

[00:02:11] Speaker 01:
was scheduled for a failure to pay a document fee by the clerk.

[00:02:18] Speaker 01:
At the time of the hearing, the court did not review the document fee, and what the court did is it did not review it, and then it went into reviewing payments.

[00:02:34] Speaker 01:
So the hearing was not noticed for the payments.

[00:02:39] Speaker 01:
It was only noticed for the document fee.

[00:02:45] Speaker 02:
Were you current on your plan payments at that time?

[00:02:48] Speaker 01:
Yes.

[00:02:48] Speaker 01:
Yes, Your Honor.

[00:02:51] Speaker 01:
Let me see if I can find my document.

[00:02:55] Speaker 01:
So basically, the order to show cause was noticed only for the issue of the document fee.

[00:03:02] Speaker 01:
That was the stated purpose of the hearing.

[00:03:04] Speaker 01:
I was not given notice that planned payments would be reviewed or that dismissal on that ground was even on the table.

[00:03:11] Speaker 01:
That is a procedural due process defect.

[00:03:14] Speaker 01:
A court cannot dismiss a case on a ground that was not noticed and not subject to the... But you did have notice of the hearing and you didn't appear, right?

[00:03:25] Speaker 01:
And that's another point.

[00:03:27] Speaker 01:
There was a motion.

[00:03:29] Speaker 01:
So let me see if you have any questions on this point of the OSC.

[00:03:36] Speaker 02:
I'm not sure what you're asking us.

[00:03:39] Speaker 01:
Do you have any questions on why the hearing was scheduled?

[00:03:43] Speaker 01:
No.

[00:03:43] Speaker 01:
And it was only scheduled on the OSC, on the order to show costs for nonpayment of the $34 document fee.

[00:03:52] Speaker 01:
But that's not what happened at the hearing.

[00:03:55] Speaker 01:
At the hearing, the court asked to see if I was making my plan payments.

[00:04:02] Speaker 01:
And my plan payments had been paid.

[00:04:05] Speaker 01:
And the trustees council did not introduce that information to the court.

[00:04:15] Speaker 01:
So the court ruled on something that's factually incorrect.

[00:04:21] Speaker 00:
Had you made the $34 payment by that time?

[00:04:28] Speaker 01:
No, because the $34 fee did not apply.

[00:04:31] Speaker 01:
And I wrote to the clerk.

[00:04:33] Speaker 01:
I was all over writing, showing them that it did not apply.

[00:04:39] Speaker 01:
Now, I did make a payment later, but it did not apply.

[00:04:51] Speaker 03:
But you weren't at the hearing, right?

[00:04:54] Speaker 01:
I was not at the hearing for a reason that was already docketed on the court docket.

[00:05:01] Speaker 01:
I had a health emergency motion that had been filed on April 29th.

[00:05:07] Speaker 01:
And that motion requested for a continuous of the proceedings for 30 days.

[00:05:13] Speaker 03:
And that wasn't granted, right?

[00:05:15] Speaker 01:
Well, it was not addressed by the court.

[00:05:18] Speaker 01:
However, the Trustee's counsel

[00:05:21] Speaker 01:
was personally aware of that because there was a 341 meeting that he covered on May 1st.

[00:05:31] Speaker 01:
And he was in charge of that meeting.

[00:05:33] Speaker 01:
So he was aware that I was managing an emergency.

[00:05:38] Speaker 01:
And that was the reason that I was not at the hearing.

[00:05:42] Speaker 03:
But it was not excused, correct?

[00:05:45] Speaker 01:
Well, the court didn't rule.

[00:05:46] Speaker 03:
It was not excused, correct?

[00:05:47] Speaker 03:
It was not excused.

[00:05:48] Speaker 03:
OK, thank you.

[00:05:53] Speaker 03:
Anything else?

[00:05:54] Speaker 01:
Well, the court did not address the health motion.

[00:05:58] Speaker 03:
Anything else?

[00:06:12] Speaker 01:
The supplemental brief that I wanted to file today, I had asked for permission to file it on November 10th.

[00:06:23] Speaker 01:
And I want to be clear on that.

[00:06:24] Speaker 01:
That's not something new.

[00:06:26] Speaker 01:
At the time that I submitted the transcript, seeing that it was very clear that the case was dismissed not on the document fee, but on plan payments, and I was not noticed for plan payments, and that's a failure.

[00:06:41] Speaker 01:
And I needed to bring that to your attention.

[00:06:46] Speaker 01:
But I think that you could see that on the transcript because you do have the transcript.

[00:06:51] Speaker 01:
The judge dismissed it based on the plan payments and not on the document fee.

[00:07:02] Speaker 01:
So it was dismissed on grounds that were not noticed.

[00:07:11] Speaker 01:
Second point, the dismissal relied on an incomplete record.

[00:07:16] Speaker 01:
As I have said, the pending emergency health motion

[00:07:19] Speaker 01:
And all the plan obligations were current.

[00:07:23] Speaker 01:
They were not late.

[00:07:25] Speaker 01:
And they were made directly to the creditors because it was a brand new case.

[00:07:31] Speaker 01:
It barely had 60 days old.

[00:07:33] Speaker 01:
And it is permitted to make the payments under 1326C.

[00:07:40] Speaker 01:
And because the court acted without proper notice and on an incorrect factual premise, the reversal is warranted.

[00:07:52] Speaker 01:
Do you have any questions, Your Honors?

[00:07:55] Speaker 02:
I do not.

[00:07:56] Speaker 03:
I don't either.

[00:07:58] Speaker 03:
Okay.

[00:07:58] Speaker 03:
If that concludes your presentation, we'll thank you very much and we'll take it under submission and get you a written decision as soon as we can.

[00:08:05] Speaker 01:
Okay.

[00:08:05] Speaker 01:
Would you allow... Excuse me, Your Honor.

[00:08:08] Speaker 01:
Do I have time to ask you, would you allow the filing, the supplemental filing to be filed?

[00:08:14] Speaker 02:
We'll review it and that will be part of our written decision whether or not we'll allow the filing.

[00:08:19] Speaker 02:
All right.

[00:08:20] Speaker 03:
Thank you.

[00:08:21] Speaker 01:
Thank you very much.

[00:08:21] Speaker 03:
Thanks a bunch.

[00:08:22] Speaker 03:
Okay.

[00:08:23] Speaker 03:
Let's call our next matter.