Case 8:16-cv-00398-JAK Document 8 Filed 04/27/16 Page 1 of 4 Page ID #:103

Law Offices of Orly Taitz

29839 Santa Margarita, ste 100
Rancho Santa Margarita, CA 92688
ph 949-683-5411 fax 9490766-7603
Attorney for creditor Medical Dental
Development LLC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
In Re David Johnson

) Case No.: SAC16-00398 JAK

RESPONSE TO NOTICE TO SHOW CAUSE

Medical Dental Development LLC v David Johnson Response to Order to Show Cause

Case 8:16-cv-00398-JAK Document 8 Filed 04/27/16 Page 2 of 4 Page ID #:104

On 04.20.2016 Appellant, Medical Dental Development LLC, received an order to show cause in regards
to deficiency of forms.
The appellant responds as follows:
1. The only order that the Appellant received from the Bankruptcy Court, was an order for the
appellant to file the designation of record by 03.11.2016, see below:

41
(4 pgs)

02/26/2016
2.

Notice of Appeal and Statement of Election to United States

District Court.(Official Form 417A) . Fee Amount $298 Filed
by Creditor Medical Dental Development LLC (RE: related
document(s)39 Order Denying Motion to Reopen With
Prejudice) (BNC-PDF)). Appellant Designation due by
3/11/2016. (Bolte, Nickie) (Entered: 02/29/2016)

Appellant promptly complied with the order and filed the designation of record on 03.03.2016,
well before the given date of 03.12.2016:

43
(8 pgs)

03/03/2016

Appellant Designation of Record For Appeal To District

Court Filed by Creditor Medical Dental Development LLC
(RE: related document(s)41 Notice of Appeal and Statement
of Election (Official Form 417A)). Appellee designation due
by 3/17/2016. Transmission of Designation Due by 4/4/2016.
(Bolte, Nickie) (Entered: 03/04/2016)

3. Only after the District Court issued its order on 04.20.2016 to show cause regarding the
deficiency, did the Bankruptcy Court sent the Appellant its order of deficiency. The order of
deficiency from the Bankruptcy Court arrived by mail on 04.21.2016, and until then the Bankruptcy
Court did not notify the Appellant of any deficiency.
47
(1 pg)

04/20/2016

Deficiency notice send to United States District Court: Please, be

advised that the Statement of Issues and Notice of Transcript have
not been filed as required by the Federal Rules of Bankruptcy
Procedure 8003 and 8009 - RE: USDC Case No. SACV16-00398-JAK
(RE: related document(s)41 Notice of Appeal and Statement of
Election (Official Form 417A) filed by Creditor Medical Dental
Development LLC) (Bolte, Nickie) (Entered: 04/20/2016)

Medical Dental Development LLC v David Johnson Response to Order to Show Cause

Case 8:16-cv-00398-JAK Document 8 Filed 04/27/16 Page 3 of 4 Page ID #:105

4. On 04.20.2016, when the order to show cause was issued, the attorney for the appellant was out
of the country. She came back on Sunday, April 24th, and the next day, on April 25th, she filed the
notice of transcript. The transcript was ordered and paid for. See docket entries below:
48
(1 pg)

Transcript Order Form related to an Appeal, regarding Hearing Date

3/7/16 Filed by Creditor Medical Dental Development LLC (RE:
related document(s)37 Motion to Reopen Chapter 7 Case. Fee
Amount $260). (Le, James) (Entered: 04/25/2016)

49

Transcript Record Transmittal (Court transcript records have been

uploaded to FDS). For Order Number: 16-MW-23. RE Hearing Date:
3/7/16, [TRANSCRIPTION SERVICE PROVIDER: BRIGGS REPORTING
CO., INC., Telephone number Ph: (310) 410-4151.] (RE: related
document(s)48 Transcript Order Form (Public Request) filed by
Debtor David A. Johnson) (Le, James) (Entered: 04/25/2016)

51
(1 pg)

Notice of transcripts: hearing date(s): 05/07/2012 - Filed by Creditor

Medical Dental Development LLC (RE: related
document(s)41 Notice of Appeal and Statement of Election (Official
Form 417A)). (Bolte, Nickie) (Entered: 04/26/2016)

50

Acknowledgement of Request for Transcript (RE: Appeal) Received

on 4/25/2016. The Reporter Expects to Have the Transcript
Completed by 5/23/2016. (RE: related document(s) 48 Transcript
Order Form related to an Appeal, regarding Hearing Date 3/7/16
Filed by Creditor Medical Dental Development LLC (RE: related
document(s)37 Motion to Reopen Chapter 7 Case. Fee Amount
$260).). (Martens, Holly) (Entered: 04/26/2016)

04/25/2016

04/25/2016

04/25/2016

04/26/2016

5. On April 26, 2016 she filed with the bankruptcy court the Statement of Issues. See attached as
Exhibit 1 the Statement of Issues with the stamp of the Bankruptcy Court, dated April 26, 2016.
CONCLUSION
As explained above, the moment appellant was notified by the Bankruptcy Court of deficiency, of
two missing forms, those forms were immediately filed and the deficiency was cured. As such, the
appeal should proceed as scheduled.

Medical Dental Development LLC v David Johnson Response to Order to Show Cause

Case 8:16-cv-00398-JAK Document 8 Filed 04/27/16 Page 4 of 4 Page ID #:106

Respectfully submitted
/s/ Dr. Orly Taitz ESQ
04.26. 2016

CERTIFICATE OF SERVICE
I, Orly Taitz, attest that attached pleadings were served on the appellee on 04.27.2016 via ECF and
first class mail
Signed
/s/ Orly Taitz

Medical Dental Development LLC v David Johnson Response to Order to Show Cause

Case 8:16-cv-00398-JAK Document 8-1 Filed 04/27/16 Page 1 of 3 Page ID #:107

Law Offices

of Orly Taitz

FILED
zgS3gSanta Marg arttaPKWY, ste 100
APR

Rancho Santa Margartta CA 92688

26 2016

CLERK U,S. BAITKRUPTCY COURT

CEWN.AL DISTRICT OF CALIFORHIA

BY:

DoPutY Clsrk

ph 949-683-5411 fax 949-766-7643

ATTORI{EY FOR CREDITOR MEDICAL DENTAL

DEVELOPMENTLLC

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA

In Re David Johnson

Case

No.: 11-bk*20423

STATEMENT OF ISSUES ON APPEAL

1. Bankruptcy court erred and abused its discretion in refusing to

reopen

bankruptcy of the debtor after creditor provided the bankruptcy court with new
information received from the partner of the debtor. New information states that

the debtor did not disclose to the bankruptcy court inheritance that he received
from his father. Additionally, debtor placed the value of his chiropractic office as
nominal, while in reality it can be as much as $300,000. The debt that is owed to
the creditor is $290,000. The court abused its' discretion not only in not reopening

the bankruptcy, but

in refusing to even hold a hearing on the matter.

Aforementioned information

is not only a justification for reopening the

bankruptcy, but also for the court to forward this information to the US Attorney's

office for prosecution of the debtor under 18 USC $152.

Case 8:16-cv-00398-JAK Document 8-1 Filed 04/27/16 Page 2 of 3 Page ID #:108

2.In its'refusal to reopen bankruptcy without as much

as a hearing, Judge Wallace

stated that there was a hearing previously. However, during the prior hearing that

was held on 05.02.2012 the creditor stated that the creditor did not receive the
bankruptcy notice and asked to reopen &e bankruptcy on that basis. At the time of
05.07.2012 hearing the only finding that was made by the Bankruptcy court, was
the decision that since the notice was sent, the court assumed that it was received.

The court did not make any findings on the merits. Additionally, at the time the

creditor did not even know about the inheritance as the partner of the debtor
contacted the creditor only recently.

Based on the aboveo the Dishict court should reverse the decision
Bankruptcy court and reopen the bankruptcy
Respectfully submitted,

Orly Taitz, ESQ

Attorney for the Creditor Medical Dental I)evelopment LLC
44.25.20L6

of

the

Case 8:16-cv-00398-JAK Document 8-1 Filed 04/27/16 Page 3 of 3 Page ID #:109

Certificate of Semce

I, Orly Taitz, served attached pleadings on the debtor via first class mail and ECF
on 04.26.2016

Signed

lsl Orly Taitz, Attorney for Creditor Medical-Dental Development LLC