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In Re v. United States Trustee

September 28, 2012

IN RE: JUAN CARLOS ZAPATA AND PATRICIA ULTRERAS, DEBTORS. JUAN CARLOS ZAPATA; PATRICIA ULTRERAS, APPELLANTS,
v.
UNITED STATES TRUSTEE,*FN1 APPELLEE.



Appeal from the United States Bankruptcy Court for the Central District of California Honorable Robin Riblet, Bankruptcy Judge, Presiding Bk. No. 10-14200-RR

SUSAN M SPRAUL, CLERK U.S. BKCY. APP. PANEL OF THE NINTH CIRCUIT

MEMORANDUM*fn2

Submitted Without Oral Argument on September 20, 2012*fn3

Filed - September 28, 2012

Before: PAPPAS, KIRSCHER and NOVACK,*fn4 Bankruptcy Judges.

Appellants Juan Carlos Zapata and Patricia Ultreras

("Debtors") appeal the orders of the bankruptcy court granting relief from the stay to Aurora Loan Services, LLC ("Aurora"), dismissing their chapter 13*fn5 case, denying recusal of the

bankruptcy judge, and denying removal of the chapter 13 trustee, Elizabeth F. Rojas ("Trustee").

We AFFIRM.

FACTS*fn6

Debtors filed a chapter 13 petition on August 13, 2010. The petition was not accompanied by required schedules and statements, and Debtors were directed to provide the missing documents by

August 27, 2010.

The § 341(a) meeting of creditors was scheduled for September 15; a plan confirmation hearing was set for October 29, 2010. On the Notice of Chapter 13 Bankruptcy Case Meeting to Creditors & Deadlines, Debtors were cautioned that:

Appearance by debtor(s) and the attorney for the debtor(s) is required at both the Section 341(a) meeting and the confirmation hearing. Unexcused failure by the debtor(s) to appear at either the Section 341(a) meeting and/or ...


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