De Jesus v. Aurora Loan Services CA2/3

I. Background Plaintiff Sumikat Castelone De Jesus (Sumikat) is the former owner of real property located at 3224 Stella Avenue, West Covina, California (the property). Sumikat and his wife Brigida Lacayanga De Jesus (Brigida) occupied the property for several years; however, after Sumikat allegedly ceased making payments on a loan secured by the property, the property was sold at a trustee sale and the De Jesuses were evicted. Apparently in connection with the sale of the property and their eviction from it, Sumikat filed two separate bankruptcy proceedings.1 The first, filed July 7, 2011, was dismissed the same month, apparently for failure to file required schedules, statements, or a plan. The second, filed June 15, 2012, resulted in a bankruptcy discharge on September 28, 2012. Brigida also filed several bankruptcy proceedings. One proceeding, filed July 22, 2011, was dismissed, apparently because Brigida failed to appear at a meeting of creditors. The second, an adversary proceeding, was filed November 15, 2011, and dismissed October 4, 2012. The third, filed September 5, 2012, resulted in a bankruptcy discharge on December 28, 2012.

1 Our discussion of the parties’…