Overbeck v. US Bank Trust NA et al
Adversary Proceeding
Lead BK case is: 2:11-bk-17921
Lead BK case is: 2:11-bk-17921
Washington Western Bankruptcy Court | |
Chapter 11 | |
Judge: | Timothy W Dore |
Case #: | 2:16-ap-01192 |
Nature of Suit | 2 Bankruptcy - Other 21 Bankruptcy - Validity, priority or extent of lien or other interest in property 71 Bankruptcy - Injunctive relief - imposition of stay |
Case Filed: | Aug 08, 2016 |
Terminated: | Jan 31, 2017 |
Last checked: never |
Defendant
US Bank Trust NA, for LSF9 Master Participation Trust
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Represented By
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Defendant
Caliber Home Loans Inc
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Represented By
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Plaintiff
Michael David Overbeck
4620 So. 148th St.
Tukwila, WA 98168 |
Represented By
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Docket last updated: 11/03/2023 1:06 PM PDT |
Tuesday, January 31, 2017 | ||
order
Close Adversary
Tue 01/31 3:48 PM
CLOSED. Adversary Case 2:16-ap-1192 Closed . (JPK) |
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Monday, January 09, 2017 | ||
41 | 41
order
~Dismissing Case
Mon 01/09 5:16 PM
ORDER Dismissing Adversary Proceeding. Dismissed without prejudice for lack of subject matter jurisdiction. Case Can Close: 1/27/2017. (JPK) |
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Friday, January 06, 2017 | ||
court
Minutes - Hearing Held
Mon 01/09 3:15 PM
Minutes: Cont'd Motion for Judgment on the Pleadings. Appearances: Dallas Jolley rep. debtor/plaintiff; Tina Thomas rep. US Bank. The Court ruled that it does not have jurisdiction; the complaint will be dismissed. The Order will be prepared by the Court. |
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court
Minutes - Hearing Held
Thu 01/12 10:28 AM
Minutes: Cont'd Hearing on Preliminary Injunction. The Court ruled the complaint will be dismissed. Appearances: Dallas Jolley rep. plaintiff; Tina Thomas rep. US Bank. |
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Thursday, January 05, 2017 | ||
40 | 40
ans
Response
Thu 01/05 7:19 PM
Debtor's Response to Judge's request for brief on juridiction accidentally filed in the main case. ... Filed by Dallas W Jolley Jr on behalf of Michael David Overbeck. (Jolley, Dallas) |
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misc
Notice to Court of Intent to Argue (no PDF)
Thu 01/05 9:05 AM
Notice to Court of Intent to Argue. Date of Hearing: 1/6/2017. Filed by Dallas W Jolley Jr on behalf of Michael David Overbeck. . (Jolley, Dallas) |
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Friday, December 30, 2016 | ||
39 | 39
ans
Response
Fri 12/30 1:21 PM
Response to Judge's Request for Brief on Jurisdiction . Proof of Service. Filed by Tina R Thomas of Perkins Coie LLP on behalf of Caliber Home Loans Inc, US Bank Trust NA. (Thomas, Tina) |
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misc
Notice to Court of Intent to Argue (no PDF)
Fri 12/30 8:19 AM
Notice to Court of Intent to Argue. Date of Hearing: 1/6/2017. Filed by Tina R Thomas on behalf of Caliber Home Loans Inc. . (Thomas, Tina) |
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Wednesday, December 07, 2016 | ||
38 | 38
order
Scheduling Order
Wed 12/07 5:09 PM
Second Amended ORDER Setting Deadlines and Trial Date . Trial is scheduled for 5/30/2017 at 09:30 AM at Judge Dore's Courtroom, U.S. Courthouse, Room 8106.. (JPK) |
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Monday, December 05, 2016 | ||
37 | 37
order
~Generic~ Order
Mon 12/05 3:48 PM
Second ORDER Extending Preliminary Injunction . (JPK) |
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36 | 36
order
~Generic~ Order
Mon 12/05 3:45 PM
ORDER Setting Hearing and Briefing Schedule on the Issue of the Court's Jurisdiction . (JPK) |
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Friday, December 02, 2016 | ||
court
Minutes - Hearing Held
Mon 12/05 1:15 PM
Minutes: Hearing on Cont'd Preliminary Injunction. Appearances: Dallas Jolley rep. debtor; Tina Thomas rep. US Bank Trust NA. The Court continued the injunction through 1-10-17 and the hearing is continued to 01/06/2017 at 09:30 AM at Judge Dore's Courtroom, U.S. Courthouse, Room 8106 |
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court
Minutes - Hearing Held
Mon 12/05 1:21 PM
Minutes: Motion for Judgment on the Pleadings. Appearances: Tina Thomas rep. US Bank NA; Dallas Jolley rep. debtor. Argument presented. The Court will allow opitional briefing on the issue of jurisdiction; Mr. Jolley shall file a pleading by 12-20-16 and any response is due by 12-30-16. The pending Motion is Continued to 01/06/2017 at 09:30 AM at Judge Dore's Courtroom, U.S. Courthouse, Room 8106 |
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Thursday, December 01, 2016 | ||
misc
Notice to Court of Intent to Argue (no PDF)
Thu 12/01 9:26 PM
Notice to Court of Intent to Argue. Date of Hearing: 12/2/2016. Filed by Dallas W Jolley Jr on behalf of Michael David Overbeck. . (Jolley, Dallas) |
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Tuesday, November 29, 2016 | ||
35 | 35
ans
Reply
Tue 11/29 8:12 AM
Reply in Support of Motion for Judgment on the Pleadings . Proof of Service. Filed by Tina R Thomas of Perkins Coie LLP on behalf of Caliber Home Loans Inc, US Bank Trust NA. (Thomas, Tina) |
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Monday, November 28, 2016 | ||
misc
Notice to Court of Intent to Argue (no PDF)
Mon 11/28 8:20 AM
Notice to Court of Intent to Argue. Date of Hearing: 12/2/2016. Filed by Kristine Elizabeth Kruger on behalf of Caliber Home Loans Inc, US Bank Trust NA. . (Kruger, Kristine) |
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Friday, November 25, 2016 | ||
34 | 34
ans
Response
Fri 11/25 10:54 PM
Plaintiff's Response to . Proof of Service. Filed by Dallas W Jolley Jr on behalf of Michael David Overbeck. (Jolley, Dallas) |
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Att: 1 Exhibit Exhibit A - Chase letter | ||
Monday, November 21, 2016 | ||
33 | 33
order
Notice of Trial and Order Setting Deadlines
Mon 11/21 3:42 PM
Amended ORDER Setting Deadlines and Trial Date . (JPK) |
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Friday, November 18, 2016 | ||
32 | 32
order
~Generic~ Order
Fri 11/18 5:13 PM
ORDER Extending Preliminary Injunction . (JPK) |
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Thursday, November 10, 2016 | ||
court
Minutes - Hearing Held
Thu 11/17 2:10 PM
Minutes: Cont'd Hearing on Preliminary Injunction regularly scheduled. Appearances: Dallas Jolley rep. debtor; David Perez rep. Caliber Home Loans Inc. The preliminary injunction will be continued to 12-7-16 and the hearing on the continued preliminary injunction shall be held on 12/02/2016 at 09:30 AM at Judge Dore's Courtroom, U.S. Courthouse, Room 8106 (JB ) |
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Tuesday, November 08, 2016 | ||
31 | 31
notice
Notice of Appearance
Tue 11/08 1:08 PM
Notice of Appearance of Tina R. Thomas . Filed by Tina R Thomas of Perkins Coie LLP on behalf of Caliber Home Loans Inc, US Bank Trust NA. (Thomas, Tina) |
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Friday, November 04, 2016 | ||
30 | 30
ans
Reply
Fri 11/04 6:58 PM
Debtor's Reply to Defendants' Opposition to Continuation of Preliminary Injunction . Proof of Service. Filed by Dallas W Jolley Jr on behalf of Michael David Overbeck. (Jolley, Dallas) |
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Att: 1 Exhibit Chase letter regarding refusal to accept payments (doc #4-2 Exhibit B) | ||
Wednesday, November 02, 2016 | ||
29 | 29
ans
Response
Wed 11/02 2:40 PM
Opposition Response to Continuation of Preliminary Injunction . Proof of Service. Filed by Kristine Elizabeth Kruger on behalf of Caliber Home Loans Inc, US Bank Trust NA. (Kruger, Kristine) |
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Monday, October 31, 2016 | ||
28 | 28
order
Lodged Order Submitted But Not Entered
Mon 10/31 12:36 PM
Submitted But Not Entered . (SLA) |
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Friday, October 28, 2016 | ||
27 | 27
misc
Received UNSIGNED Order
Fri 10/28 3:53 PM
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Thursday, October 27, 2016 | ||
26 | 26
order
Lodged Order Submitted But Not Entered
Thu 10/27 2:46 PM
Submitted But Not Entered . (JPK) |
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Wednesday, October 26, 2016 | ||
25 | 25
misc
Received UNSIGNED Order
Wed 10/26 3:23 PM
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24 | 24
ans
Declaration
Wed 10/26 1:29 PM
Declaration Request for Judicial Notice in support of Motion for Judgment on the Pleadings . Proof of Service. Filed by Kristine Elizabeth Kruger on behalf of Caliber Home Loans Inc, US Bank Trust NA. (Kruger, Kristine) |
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Att: 1 Exhibit Exhibit 1 | ||
Att: 2 Exhibit Exhibit 2 | ||
Att: 3 Exhibit Exhibit 3 | ||
Att: 4 Exhibit Exhibit 4 | ||
23 | 23
motion
~generic~ Motion
Wed 10/26 1:13 PM
Motion Motion for Judgment on the Pleadings with Notice of Hearing. Filed by Kristine Elizabeth Kruger on behalf of Caliber Home Loans Inc, US Bank Trust NA The Hearing date is set for 12/2/2016 at 09:30 AM at Judge Dore's Courtroom, U.S. Courthouse, Room 8106. Response due by 11/25/2016. (Kruger, Kristine) |
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Att: 1 Notice of Hearing Notice of Motion for Judgment | ||
Tuesday, October 18, 2016 | ||
22 | 22
misc
Mediation Certification (ADR)
Tue 10/18 6:50 PM
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21 | 21
misc
Mediation Certification (ADR)
Tue 10/18 4:26 PM
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20 | 20
misc
Mediation Certification (ADR)
Tue 10/18 4:25 PM
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Wednesday, September 21, 2016 | ||
19 | 19
order
Scheduling Order
Wed 09/21 1:30 PM
ORDER Setting Deadlines and Trial Date. Trial is scheduled for 2/21/2017 at 09:30 AM at Judge Dore's Courtroom, U.S. Courthouse, Room 8106. (JPK) |
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Monday, September 19, 2016 | ||
18 | 18
ans
Statement
Mon 09/19 4:07 PM
Statement . Proof of Service. Filed by Kristine Elizabeth Kruger on behalf of Caliber Home Loans Inc, US Bank Trust NA. (Kruger, Kristine) |
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17 | 17
notice
Notice of Appearance
Mon 09/19 1:37 PM
Notice of Appearance and Request For Special Notice . Filed by Lance E Olsen of McCarthy & Holthus, LLP on behalf of US Bank Trust NA. (Olsen, Lance) |
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Monday, September 12, 2016 | ||
16 | 16
answer
Answer to Complaint
Mon 09/12 4:31 PM
Answer to Complaint by Def US Bank Trust NA . Filed by Kristine Elizabeth Kruger on behalf of US Bank Trust NA. (Kruger, Kristine) |
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15 | 15
answer
Answer to Complaint
Mon 09/12 4:29 PM
Answer to Complaint by Def. Caliber Home Loans . Filed by Kristine Elizabeth Kruger on behalf of Caliber Home Loans Inc. (Kruger, Kristine) |
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Friday, September 09, 2016 | ||
14 | 14
misc
Proof of Service
Fri 09/09 4:07 PM
Plaintiff's Proof of Service of Order Granting Preliminary Injunction . Filed by Dallas W Jolley Jr on behalf of Michael David Overbeck. . (Jolley, Dallas) |
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Att: 1 Exhibit Preliminary Injunction | ||
Wednesday, August 31, 2016 | ||
13 | 13
order
Lodged Order Submitted But Not Entered
Wed 08/31 5:12 PM
Submitted But Not Entered . (JPK) |
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12 | 12
order
Preliminary Injunction (order)
Wed 08/31 5:11 PM
ORDER Granting Preliminary Injunction . (JPK) |
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11 | 11
misc
Received UNSIGNED Order
Wed 08/31 10:11 AM
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10 | 10
ans
Declaration of No Objection (pdf uploaded)
Wed 08/31 9:42 AM
Declaration of No Objection ... Filed by Dallas W Jolley Jr on behalf of Michael David Overbeck. (Jolley, Dallas) |
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Att: 1 Proposed Order | ||
misc
Set Hearing
Thu 11/17 2:05 PM
Set Hearing: Preliminary Injunction Hearing scheduled for 11/10/2016 at 09:30 AM at Judge Dore's Courtroom, U.S. Courthouse, Room 8106. |
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Thursday, August 18, 2016 | ||
9 | 9
misc
Proof of Service
Thu 08/18 9:26 PM
Debtor's Proof of Service of Summon for the Adversary Case and Blank Mediation Certification Form . Filed by Dallas W Jolley Jr on behalf of Michael David Overbeck. . (Jolley, Dallas) |
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8 | 8
10
pgs
motion
Preliminary Injunction
Thu 08/18 9:21 PM
Debtor's Motion for Preliminary Injunction on Shortened Time, Reimposing Automatic Stay with Notice of Hearing. Filed by Dallas W Jolley Jr on behalf of Michael David Overbeck The Hearing date is set for 9/2/2016 at 09:30 AM at Judge Dore's Courtroom, U.S. Courthouse, Room 8106. Response due by 8/30/2016. (Jolley, Dallas) |
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Att: 1 Notice of Hearing | ||
Att: 2 Proposed Order | ||
Att: 3 Exhibit Exhibit A - Modification Agreement | ||
Att: 4 Exhibit Exhibit B - Chase letter | ||
Att: 5 Exhibit Exhibit C - Comparable sales | ||
Att: 6 Proof of Service | ||
court
Minutes - Hearing Held
Thu 08/18 1:43 PM
Minute Entry: Motion to Reimpose Automatic Stay shall be heard 09/02/2016 at 09:30 AM at Judge Dore's Courtroom, U.S. Courthouse, Room 8106 |
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Wednesday, August 17, 2016 | ||
7 | 7
order
Shorten Time (order)
Wed 08/17 4:47 PM
ORDER Granting Motion Shortening Time . (JPK) |
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6 | 6
misc
Received UNSIGNED Order
Wed 08/17 1:12 PM
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5 | 5
motion
Shorten Time
Wed 08/17 12:39 PM
Debtor's Motion to Shorten Time to Hear Motion to Reimpose Automatic Stay .. Filed by Dallas W Jolley Jr on behalf of Michael David Overbeck (Jolley, Dallas) |
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Att: 1 Proposed Order | ||
4 | 4
motion
Preliminary Injunction
Wed 08/17 11:37 AM
Motion for Preliminary Injunction with Notice of Hearing. Filed by Dallas W Jolley Jr on behalf of Michael David Overbeck The Hearing date is set for 9/9/2016 at 09:00 AM at Judge Dore's Courtroom, U.S. Courthouse, Room 8106. Response due by 9/2/2016. (Jolley, Dallas) |
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Att: 1 Exhibit Exhibit A Loan Modification Agreement | ||
Att: 2 Exhibit Exhibit B Letter From Chase to Debtor | ||
Att: 3 Exhibit Exhibit C Assessed value and Comparable Sales | ||
Thursday, August 11, 2016 | ||
3 | 3
court
Summons and Pretrial Conference (Seattle)
Thu 08/11 11:03 AM
Summons issued to Plaintiff's Attorney for Service on Defendants Caliber Home Loans Inc and US Bank Trust NA. Answer Due 9/12/2016. (CFD) |
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Wednesday, August 10, 2016 | ||
2 | 2
court
Summons Issued (Tacoma)
Wed 08/10 1:04 PM
Summons issued to Plaintiff's Attorney for Service on Defendants Caliber Home Loans Inc US Bank Trust NA Answer Due 9/9/2016 . (CFD) |
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Tuesday, August 09, 2016 | ||
misc
Receipt of Fee (Generic)
Wed 08/10 7:31 AM
Receipt of Adversary Filing Fee - $0.00 by PR. Receipt Number 220608. Jolley (admin) |
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Monday, August 08, 2016 | ||
1 | 1
cmp
Complaint (fee)
Mon 08/08 5:02 PM
Adversary case 16-01192 Complaint by Michael David Overbeck (attorney Dallas W Jolley Jr) against US Bank Trust NA, and Caliber Home Loans Inc. . Nature of Suit: (71 (Injunctive relief - reinstatement of stay)), (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))), (21 (Validity, priority or extent of lien or other interest in property)) (Jolley, Dallas) Modified on 8/9/2016 corrected party text(Jones, John). Modified on 8/9/2016 (Jones, John). |