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Re: Hierophant post# 28638

Monday, 11/24/2014 8:05:12 PM

Monday, November 24, 2014 8:05:12 PM

Post# of 34476
I'm not sure what your semantic interpretation of "proceeding" is, so I don't quite follow. Would appreciate some clarification. To my understanding:

bankruptcy proceedings n. the bankruptcy procedure is: a) filing a petition (voluntary or involuntary) to declare a debtor person or business bankrupt, or, under Chapter 11 or 13, to allow reorganization or refinancing under a plan to meet the debts of the party unable to meet his/her/its obligations. This petition is supposed to include a schedule of debts, assets and income potential. b) A hearing called "first meeting of creditors" with notice to all known creditors. This is usually brief and the judge assignes the matter to a professional trustee. c) Later the trustee reports and there is a determination of what debts are dischargeable, what assets are exempt, and what payments are possible. d) If there are assets available then the creditors are requested in writing to file a "creditor's claim." e) There may be other hearings, reports, proposals, hearings on claims of fraudulent debts, petitions for removing the stay on foreclosures and other matters. f) The final step is a hearing on discharge of the bankrupt, which wipes out unsecured debts (or a pro rata share of them).


Thus, proceedings have begun, they just cannot continue as Vision does not have representation. As summarized in the California state law Vision is in violation of:

LBR 9011-2. PERSONS APPEARING WITHOUT COUNSEL

(a) Corporation, Partnership, Unincorporated Association, or Trust. A corporation,
a partnership including a limited liability partnership, a limited liability company, or any
other unincorporated association, or a trust may not file a petition or otherwise appear
without counsel in any case or proceeding, except that it may file a proof of claim, file
or appear in support of an application for professional compensation, or file a
reaffirmation agreement, if signed by an authorized representative of the entity


And Judge Kwan's order:

It is hereby ORDERED that Debtor shall appear before the undersigned United
States Bankruptcy Judge on December 3, 2014 at 11:30 a.m. in Courtroom 1675, 255
East Temple Street, Los Angeles, CA 90012 and show cause, if any, why the above captioned
bankruptcy case should not be dismissed for Debtor’s failure to comply with
Local Bankruptcy Rule 9011-2
, which requires artificial entities, such as Debtor, a
corporation, appearing before this court to be represented by an attorney.


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