UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF OREGON MOTION. Pursuant to 11 U.S.C. 105 and 524, and this Court s inherent power, Evan Bowers

Similar documents
UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF OREGON MOTION

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF OREGON LBR CERTIFICATION

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF OREGON. Adv. Proc. No. COMPLAINT

law are made pursuant to Federal Rule of Bankruptcy Procedure IN RE: MICHAEL A. SCOTT and PATRICIA J. SCOTT, Debtors.

UNITED STATES BANKRUPTCY COURT DISTRICT OF OREGON COMPLAINT

Case 3:14-cv HU Document 1 Filed 04/01/14 Page 1 of 14 Page ID#: 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION


UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF OREGON FACTUAL BACKGROUND

Case DMW Doc 43 Filed 04/28/17 Entered 04/28/17 16:50:29 Page 1 of 11

In re Luedtke, Case No svk (Bankr. E.D. Wis. 7/31/2008) (Bankr. E.D. Wis., 2008)

Case 3:17-cv BR Document 1 Filed 01/24/17 Page 1 of 21

UNITED STATES BANKRUPTCY COURT DISTRICT OF OREGON COMPLAINT

IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Doc 4 Filed 01/29/17 Entered 01/29/17 23:00:32 Main Document Pg 1 of 9

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO ) ) ) ) ) ) MEMORANDUM OF OPINION 1

United States Bankruptcy Appellate Panel For the Eighth Circuit

This document has been electronically entered in the records of the United States Bankruptcy Court for the Southern District of Ohio.

Case grs Doc 48 Filed 01/06/17 Entered 01/06/17 14:33:25 Desc Main Document Page 1 of 9

Case: 1:10-cv Document #: 56 Filed: 12/06/10 Page 1 of 9 PageID #:261

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

IN THE UNITED STATES BANKRUPTCY COURT IN AND FOR THE SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION

CHAPTER 13: THE DISCHARGE

INDIVIDUAL CHAPTER 11: A HOW-TO

Case CSS Doc 16 Filed 08/26/14 Page 1 of 9 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION PIKEVILLE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) *** *** *** ***

In the Supreme Court of the United States

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Circuit Court for Prince George s County Case No. CAL UNREPORTED

Case Filed 03/13/13 Doc 764 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

mg Doc 5285 Filed 10/04/13 Entered 10/04/13 16:34:28 Main Document Pg 1 of 7

Case AJC Doc 229 Filed 06/18/09 Page 1 of 7. CASE NO AJC DB ISLAMORADA, LLC, Chapter 11 DEBTOR S MOTION TO DISMISS CASE

From Article at GetOutOfDebt.org

mg Doc 7335 Filed 08/01/14 Entered 08/01/14 10:42:15 Main Document Pg 1 of 8

RULE CHANGES: WHERE ARE WE NOW? THIRTY-NINTH ANNUAL SOUTHEASTERN BANKRUPTCY LAW SEMINAR MARCH 21-23, 2013

Case: SDB Doc#:13 Filed:02/23/18 Entered:02/23/18 20:43:28 Page:1 of 7

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

Case 3:13-cv AC Document 1 Filed 03/09/13 Page 1 of 8 Page ID#: 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

Case 4:11-cv Document 212 Filed in TXSD on 04/24/15 Page 1 of 8

Frequently Asked Questions for Chapter 13 Bankruptcy

UNITED STATES DISTRICT COURT DISTRICT OF OREGON EUGENE DIVISION

Case 4:11-cv Document 220 Filed in TXSD on 01/25/16 Page 1 of 7

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF TENNESSEE

HOUSEHOLD SIZE MEANS TEST

Presentation will focus on three major topic areas:

Presentation will focus on three major topic areas:

Case Doc 117 Filed 06/07/16 Entered 06/07/16 16:16:35 Desc Main Document Page 1 of 13

Case KKS Doc 174 Filed 02/03/15 Page 1 of 10 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

Commonly Asked Questions Regarding Bankruptcy

Case GLT Doc 1706 Filed 08/16/18 Entered 08/16/18 09:59:35 Desc Main Document Page 1 of 7

BANKRUPTCY APPELLATE PANEL

LIQUIDATION UNDER CHAPTER 7 QUESTIONS AND ANSWERS ABOUT CHAPTER 7 BANKRUPTCIES

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF ALABAMA. Case No WRS Chapter 13 MEMORANDUM OPINION

rk Doc 14 FILED 08/07/17 ENTERED 08/07/17 10:27:14 Page 1 of 12

UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS EASTERN DIVISION ) ) ) ) ) ) )

rdd Doc 1548 Filed 12/20/18 Entered 12/20/18 14:11:26 Main Document Pg 1 of 7

4 of 7 DOCUMENTS. DAVID LEWIS OLIVER, et al., Plaintiffs, v. OCWEN LOAN SERVICES, LLC, Defendant. CASE NO. C BHS

ORDERED PUBLISHED UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT

mg Doc 3836 Filed 05/28/13 Entered 05/28/13 10:24:28 Main Document Pg 1 of 11

Chapter 13 from the Trustee s Perspective- The Plan

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MISSOURI

Case bjh11 Doc 7 Filed 09/13/11 Entered 09/13/11 18:48:12 Desc Main Document Page 1 of 10

Case AJC Doc 10 Filed 02/26/13 Page 1 of 7. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA Miami Division

BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION. Negligence

ENTERED TAWANA C. MARSHALL, CLERK THE DATE OF ENTRY IS ON THE COURT'S DOCKET

UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION ) ) ) ) ) ) )

Case 1:18-cv AMD-RLM Document 1 Filed 07/02/18 Page 1 of 10 PageID #: 1

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No EDWIN MICHAEL BURKHART; TERESA STEIN BURKHART, f/k/a Teresa S.

Third District Court of Appeal State of Florida

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

alg Doc 6326 Filed 03/12/14 Entered 03/12/14 22:30:23 Main Document Pg 1 of 6

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

CLASS ACTION ADVERSARY PROCEEDING COMPLAINT. Plaintiffs Karen Ross and Steven Edelman ( Plaintiffs ), on behalf of themselves

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA

United States Court of Appeals For the Eighth Circuit

Cases in Review June, 2018

Case KG Doc 495 Filed 06/20/18 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE. Debtors.

mg Doc Filed 02/02/17 Entered 02/02/17 16:46:10 Main Document Pg 1 of 70

4:09-bk Doc#: 622 Filed: 05/26/15 Entered: 05/26/15 15:34:51 Page 1 of 14

Kim Potoczny v. Aurora Loan Services

smb Doc Filed 09/27/18 Entered 09/27/18 13:05:26 Main Document Pg 1 of 12

Case GLT Doc 577 Filed 06/23/17 Entered 06/23/17 14:22:20 Desc Main Document Page 1 of 8

From Article at GetOutOfDebt.org

IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION INTRODUCTION

ORDERED PUBLISHED UNITED STATES BANKRUPTCY APPELLATE PANEL

IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Signed January 17, 2019 United States Bankruptcy Judge

Case 2:17-cv CB Document 28 Filed 02/28/18 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Case Doc 765 Filed 04/20/10 Page 1 of 13. IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND (Baltimore Division)

BANKRUPTCY CHAPTER 7 (aka Discharge or Liquidation )

United States Court of Appeals For the Eighth Circuit

BANKRUPTCY & STUDENT LOANS

CASE NO. 1D Appellant challenges an order entered by the circuit court that adopted a

Case sgj11 Doc 910 Filed 03/26/15 Entered 03/26/15 16:49:11 Page 1 of 12

Transcription:

Michael Fuller, Oregon Bar No. 09357 Special Counsel for Debtor OlsenDaines, P.C. US Bancorp Tower 111 SW 5th Ave., 31st Fl. Portland, Oregon 97204 michael@underdoglawyer.com Direct 503-201-4570 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF OREGON In re Evan Page Bowers April Ann Bowers, Case No. 09-65924-fra13 DEBTOR S MOTION FOR ORDER OF CONTEMPT AND JUDGMENT AGAINST SETERUS, INC. Debtors. MOTION Pursuant to 11 U.S.C. 105 and 524, and this Court s inherent power, Evan Bowers ( debtor ) moves for an order of contempt and judgment against Seterus, Inc. ( Seterus ) because Seterus refuses to correct the false credit information it furnished about debtor s mortgage debt after bankruptcy, in willful violation of the discharge order. Debtor supports this motion with the attached memorandum, declaration, and exhibits. Debtor respectfully moves for an order and judgment as follows: A. IT IS ORDERED that Seterus, Inc. is held in contempt of the discharge injunction; DEBTOR S MOTION FOR ORDER OF CONTEMPT AND JUDGMENT AGAINST SETERUS, INC. - Page 1 OlsenDaines, P.C. US Bancorp Tower 111 SW 5th Ave., 31st Fl. Portland, Oregon 97204 Direct 503-201-4570

just. B. IT IS ORDERED AND ADJUDGED that Seterus, Inc. must reimburse debtor for the reasonable attorney fees and costs he incurred prosecuting Seterus, Inc. and remedying its contempt in this matter; C. IT IS ORDERED AND ADJUDGED that Seterus, Inc. must pay debtor compensatory damages of not more than $75,000.00; D. IT IS ORDERED AND ADJUDGED that Seterus, Inc. must pay debtor coercive sanctions or serious punitive damages in an amount to be determined by the Court, provided that Seterus, Inc. is afforded an opportunity to reduce or avoid the sanction. Debtor also moves for any other equitable relief that this Court may determine is fair and DATED: July 24, 2015 RESPECTFULLY FILED, /s/ Michael Fuller Michael Fuller, Oregon Bar No. 09357 Special Counsel for Debtor OlsenDaines, P.C. US Bancorp Tower 111 SW 5th Ave., 31st Fl. Portland, Oregon 97204 michael@underdoglawyer.com Direct 503-201-4570 DEBTOR S MOTION FOR ORDER OF CONTEMPT AND JUDGMENT AGAINST SETERUS, INC. - Page 2 OlsenDaines, P.C. US Bancorp Tower 111 SW 5th Ave., 31st Fl. Portland, Oregon 97204 Direct 503-201-4570

CERTIFICATE OF SERVICE I certify that on the date below I caused this document and all attachments to be delivered to the following persons by USPS first class regular and certified mail, return receipt requested, postage pre-paid: Seterus, Inc. c/o R.A. CT Corporation System 388 State St. Ste 420 Salem, Oregon 97301 DATED: July 24, 2015 /s/ Michael Fuller Michael Fuller, Oregon Bar No. 09357 Special Counsel for Debtor OlsenDaines, P.C. US Bancorp Tower 111 SW 5th Ave., 31st Fl. Portland, Oregon 97204 michael@underdoglawyer.com Direct 503-201-4570 DEBTOR S MOTION FOR ORDER OF CONTEMPT AND JUDGMENT AGAINST SETERUS, INC. - Page 3 OlsenDaines, P.C. US Bancorp Tower 111 SW 5th Ave., 31st Fl. Portland, Oregon 97204 Direct 503-201-4570

Michael Fuller, Oregon Bar No. 09357 Special Counsel for Debtor OlsenDaines, P.C. US Bancorp Tower 111 SW 5th Ave., 31st Fl. Portland, Oregon 97204 michael@underdoglawyer.com Direct 503-201-4570 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF OREGON In re Evan Page Bowers April Ann Bowers, Debtors. Case No. 09-65924-fra13 MEMORANDUM IN SUPPORT OF DEBTOR S MOTION FOR ORDER OF CONTEMPT AND JUDGMENT AGAINST SETERUS, INC. FACTUAL BACKGROUND Debtor and his family moved out and surrendered their former residence during their chapter 13 bankruptcy. [Bowers Decl. 8] On March 21, 2013, debtor s mortgage debt was discharged by order of this Court. On February 18, 2015, the real property securing debtor s mortgage debt was sold to Fannie Mae at a foreclosure sale. [Ex. 1] In March 2015, debtor was shocked to discover that he and his wife were unable to finance a new home because Seterus continued to report false derogatory information about his discharged mortgage debt after bankruptcy. [Ex. 3] MEMORANDUM IN SUPPORT OF DEBTOR S MOTION FOR ORDER OF CONTEMPT AND JUDGMENT AGAINST SETERUS, INC. - Page 1 OlsenDaines, P.C. US Bancorp Tower 111 SW 5th Ave., 31st Fl. Portland, Oregon 97204 Direct 503-201-4570

In April 2015, debtor spoke with Seterus and wrote it a letter notifying it of the discharge order. [Ex. 5] Debtor specifically asked Seterus to correct the false information it had furnished to the credit reporting agencies about him. [Id.] In a response letter dated May 21, 2015, Seterus conceded knowledge of the discharge order and foreclosure sale. [Ex. 7] However, Seterus refused, and continues to refuse to correct the false derogatory information it furnished to the credit reporting agencies about debtor after bankruptcy. [Id.; Ex. 13] According to a June 2, 2015 letter from debtor s loan officer, Seterus false credit reporting after bankruptcy is the sole reason debtor does not qualify to finance a new home. [Ex. 9] Debtor and his family must now live in the garage of a relative while they wait for Seterus to remedy its discharge violation. [Bowers Decl. 11] Seterus has refused multiple verbal and written requests from debtor and his loan officer to fix its false credit reporting. [Ex. 5; Ex. 9] Seterus has also ignored several requests from debtor s counsel to resolve this matter outside of Court. [Ex. 12; Ex. 13] MEMORANDUM IN SUPPORT OF DEBTOR S MOTION FOR ORDER OF CONTEMPT AND JUDGMENT AGAINST SETERUS, INC. - Page 2 OlsenDaines, P.C. US Bancorp Tower 111 SW 5th Ave., 31st Fl. Portland, Oregon 97204 Direct 503-201-4570

POINTS AND AUTHORITIES A. Authority to Enforce the Discharge Order Section 105 of Title 11 empowers bankruptcy courts to issue orders and judgments as necessary to enforce section 524 s discharge order provisions. Bankruptcy courts also possess inherent powers to sanction wrongful practices, so long as the sanctions don t contravene express Code provisions. Law v. Siegel, 134 S. Ct. 1188, 1194 (2014); In re Wallace, BAP No. NV-13-1518-JuHlPa (9th Cir. BAP Sept. 18, 2014). B. Conduct Prohibited by the Discharge Order Section 524 provides for a broad injunction to ensure debtors receive a fresh start. Alan N. Resnick & Henry J. Sommer, 4 Collier on Bankruptcy 524.02[2] (16th ed. 2012). The injunction prohibits the frequently unreported tactic of trap hunting. Puller v. Credit Collections USA, Inc. (In re Puller), 2007 Bankr. LEXIS 2017, 22-23 (Bankr. N.D. W. Va. June 20, 2007) (a creditor violates the discharge injunction by trap hunting when it refuses to timely update false credit reporting in hopes a debtor may voluntarily pay discharged debt); see also Torres v. Chase Bank USA, N.A. (In re Torres), 367 B.R. 478, 2007 Bankr. LEXIS 1478 (Bankr. S.D.N.Y. 2007). C. Enforcement of the Discharge Order In the Ninth Circuit, consumers must enforce discharge orders by filing motions for contempt. Walls v. Wells Fargo Bank, N.A., 276 F.3d 502, 506-07 (9th Cir. 2002); Barrientos v. Wells Fargo Bank, 633 F.3d 1186, 1191 (9th Cir. 2011); Fed. R. Bnkr. P. 9020. MEMORANDUM IN SUPPORT OF DEBTOR S MOTION FOR ORDER OF CONTEMPT AND JUDGMENT AGAINST SETERUS, INC. - Page 3 OlsenDaines, P.C. US Bancorp Tower 111 SW 5th Ave., 31st Fl. Portland, Oregon 97204 Direct 503-201-4570

D. Elements of Contempt Contempt requires proof a creditor (1) had knowledge of a bankruptcy court order and (2) intended conduct that violated the order. ZiLOG, Inc. v. Corning, 450 F.3d 996, 1007 (9th Cir. 2006). E. Legal Standard for Contempt To recover compensatory sanctions against a creditor, a violation must be proved with clear and convincing evidence. Renwick v. Bennett, (In re Bennett), 298 F.3d 1059, 1069 (9th Cir. 2002). Creditors are generally entitled to an evidentiary hearing as to whether they received actual notice of a court order. Yen v. Pedroche (In re Pedroche), B.A.P. No. NC-13-1618- JuKuPa (B.A.P. 9th Cir. Nov. 10, 2014). F. Sanctions for Contempt Willful violations of court orders entitle aggrieved debtors to compensatory sanctions including actual damages, punitive damages, and reimbursed fees and costs. Espinosa v. United Student Aid Funds, 553 F.3d 1193, 1205, n.7 (9th Cir. 2008) (opinion by Chief Judge Kozinski, citing 2 Collier Bankruptcy Manual (3d rev. ed.) 524.02[2][c]). 1. Compensation for emotional harm A debtor is entitled to recover compensation for emotional harm resulting from a violation, even in the absence of any economic loss. In re Feldmeier, 335 B.R. 807, 813-814 MEMORANDUM IN SUPPORT OF DEBTOR S MOTION FOR ORDER OF CONTEMPT AND JUDGMENT AGAINST SETERUS, INC. - Page 4 OlsenDaines, P.C. US Bancorp Tower 111 SW 5th Ave., 31st Fl. Portland, Oregon 97204 Direct 503-201-4570

(Bankr. D. Or. 2005) (awarding emotional harm damages under section 524 without any economic loss); In re Culpepper, 481 B.R. at 655 (same). 2. Compensation for expenses Civil contempt compensation includes an award of reasonable attorney s fees incurred during the entirety of the contempt proceedings even those incurred after the violation is remedied. In re Segal, BAP No. CC-14-1175-KuPaTa, pg. 19 (9th Cir. BAP Jan. 29, 2015); In re Culpepper, 2013 Bankr. LEXIS 541, 2013 WL 501662 (Bankr. D. Or. Feb. 11, 2013) (compensating debtor $38,370.50 fees and costs through trial where mortgage servicer s refusal to admit liability necessitated a full evidentiary hearing). 3. Remedial sanctions and punitive damages Bankruptcy courts maintain inherent authority to deter future violations through mild sanctions. Knupfer v. Lindblade (In re Dyer), 322 F.3d 1178, 1197 (9th Cir. 2003). The Ninth Circuit BAP has held that serious coercive sanctions are available only if the contemnor is afforded some opportunity to reduce or avoid the sanction. In re Segal at pg. 18. ARGUMENT This Court should hold Seterus in contempt of the discharge order because clear and convincing evidence shows (1) Seterus acknowledges its receipt of the discharge order, (2) the discharge order is unambiguous and is familiar to Seterus, and (3) Seterus refusal to correct its false credit reporting of discharged debt constituted a willful violation of this Court s discharge order. MEMORANDUM IN SUPPORT OF DEBTOR S MOTION FOR ORDER OF CONTEMPT AND JUDGMENT AGAINST SETERUS, INC. - Page 5 OlsenDaines, P.C. US Bancorp Tower 111 SW 5th Ave., 31st Fl. Portland, Oregon 97204 Direct 503-201-4570

CONCLUSION For the reasons given above, debtor respectfully requests this Court enter an order of contempt and judgment against Seterus. DATED: July 24, 2015 /s/ Michael Fuller Michael Fuller, Oregon Bar No. 09357 Special Counsel for Debtor OlsenDaines, P.C. US Bancorp Tower 111 SW 5th Ave., 31st Fl. Portland, Oregon 97204 michael@underdoglawyer.com Direct 503-201-4570 MEMORANDUM IN SUPPORT OF DEBTOR S MOTION FOR ORDER OF CONTEMPT AND JUDGMENT AGAINST SETERUS, INC. - Page 6 OlsenDaines, P.C. US Bancorp Tower 111 SW 5th Ave., 31st Fl. Portland, Oregon 97204 Direct 503-201-4570

Ex. 1 - Page 1 of 3

Ex. 1 - Page 2 of 3 Case 09-65924-fra13 Doc 51 Filed 07/24/15

Ex. 1 - Page 3 of 3 Case 09-65924-fra13 Doc 51 Filed 07/24/15

04/20/2015 Seterus P.O. Box 2008 Grand Rapids, MI 49501-2008 Evan Bowers P.O. Box 5121 Central Point, OR 97502 (541)821-5979 Email: bowersfor@yahoo.com Re: Loan # 10142483 To Whom It May Concern, I recently applied for a new home loan and the credit report is showing a balance owed to Seterus. I took this loan through a chapter 13 bankruptcy and was discharged on 3/21/2013. The case # for the bankruptcy is 09-65924-fra13. The balance showing is $347,990 and needs to be zero since this was taken through bankruptcy. I need you to please zero the balance and email or mail me a receipt showing that the balance is zero. I spoke with someone from your facility on 4/9/2015 and requested this receipt to be sent and have had no response. I am writing this letter to request again a zeroed balance receipt on this old loan. If I do not receive this receipt I will be having my bankruptcy attorney Lars Olsen getting in touch with you to resolve this matter! Your prompt attention to this matter would greatly be appreciated. Thank you, Evan Bowers Ex. 5 - Page 1 of 1

Ex. 9 - Page 1 of 1

Ex. 12 - Page 2 of 7

Ex. 12 - Page 3 of 7

Ex. 12 - Page 4 of 7

Ex. 12 - Page 5 of 7

Ex. 12 - Page 6 of 7

Ex. 12 - Page 7 of 7

Ex. 13 - Page 1 of 2

Ex. 13 - Page 2 of 2