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Record 0n Appeal- Tab 3

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1 LAW OFFICE OF RODNEY M. KLEMAN
RODNEY M. KLEMAN #55808
2 SHIAN MACLEAN #133765
TREVOR R. MIRKES #224261
3 400 Camino El Estero
Monterey, CA 93940
4 (831)649-0200
5 Attorney for Debtor(s)
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7 UNITED STATES BANKRUPTCY COURT
8 NORTHERN DISTRICT OF CALIFORNIA
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10 In re: ACAYA, Leticia I. Chapter 13
Case No. 06-5-1741 MMor
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12 Debtor(s) Date: December 15, 2006
Time: 10:00 A.M.
13 Place: U.S. Bankruptcy Court, 1000 South
Main Street, Room 214, Salinas,
14 DEVIN DERHAM-BURK, California
TRUSTEE Judge: Marilyn Morgan
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AND
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WELL FARGO FINANCIAL
17 ACCEPTANCE
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19 Objector(s)
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PRE-HEARING CONFERENCE STATEMENT RE: OBJECTION BY DEVIN
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DERHAM-BURK, TRUSTEE AND WELLS FARGO FINANCIAL ACCEPTANCE
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Counsel for debtor(s) and Objector(s) have conferred by telephone pursuant to the Court's
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ORDER RE PREHEARING CONFERENCE ON OBJECTION TO CONFIRMATION in
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this matter, and the following is the Prehearing Conference Statement required by that Order:
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1 1. The date the objection was filed:
2 The Chapter 13 Trustee; Devin Derham-Burk, filed an Objection electronically on
3 October 27, 2006. Wells Fargo Financial Acceptance; hereinafter "Wells Fargo,"
4 filed an Objection electronically on October 13, 2006.
5 2. The date of the initial conference to resolve the objection and the dates of all
6 subsequent contacts regarding resolution ofthe objection:
7 The Office Of Devin Derham-Burk, Trustee, and The Law Offices Of Rodney M.
8 Kleman, counsel for the Debtor, initially spoke together on November 7, 2006.
9 Subsequent contact between counsel regarding the resolution of the Objection(s)
10 occurred on: None.
11 Donald H. Cram, Ill, counsel for Wells Fargo, and The Law Offices Of Rodney M.
12 Kleman initially spoke together on October 19, 2006. Subsequent contact between
13 counsel regarding the resolution of the Objection(s) occurred on: None.
14 3. A precise and separate statement of each factual and legal issue which must be
15 determined to resolve the objection and a brief statement of the facts in support
16 thereof
17 The Chapter 13 Trustee; Devin Derham-Burk, filed an Objection to the confirmation
18 of the instant matter as Debtor failed to appear for examination at the scheduled
19 Section 341 Meeting Of Creditors and as Debtor failed to provide the trustee with
20 proof of her identity and Social Security Number.
21 Wells Fargo filed an Objection to the confirmation ofthe instant matter alleging their
22 claim to have arisen within 910 days of the instant Bankruptcy filing and therefore
23 entitled to full contract balance repayment. Further, Wells Fargo Objected to the
24 proposed interest rate and adequate protection payment. Additionally, Wells Fargo
25 questioned the feasibility of Debtor's Plan and requested attomey's fees and costs.
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1 4. Proposed discovery schedules and proposals for alternative dispute resolution:
2 N/A
3 5. Developments since the last hearing and the current status:
4 Debtor appeared before the Chapter 13 Trustee for examination at her Section 341
5 Meeting Of Creditors and provided the Trustee with proof of her identity; thereby
6 resolving the Trustee's Objection.
7 With regard to the Objection filed by Wells Fargo, counsel will be requesting the
8 matter be set for a hearing in either January or February, 2007 so that the Court can
9 rule on whether a negative trade-in on a purchase money security interest contract
10 written within 910 days of Debtor's Bankruptcy filing can be paid at a lesser dividend
11 than the balance of the 910 claim.
12 Respectfully submitted,
13 Dated: November 30, 2006 /s/ Shian MacLean #133765
SHIAN MACLEAN
14 Attorney for the Debtor(s)
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