In the United States Bankruptcy Court AND UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND GREENBELT

DIVISION ) IN RE: JEAN WAILES MICHAUD ) CASE NUMBER 11-10257 WIL DEBTOR ) CHAPTER 13 VS. ) ON APPEAL TO PAUL MONGER ) UNITED STATES DISTRICT COURT MOVEMANT ) GREENBELT case # 8:11-cv-00949-RTW __________________________________________________________________ BRIAN L HOFFMAN ESQUIRES OPPOSITION OH PAUL MONGER TO MOTION OF GEORGE A MCDERMOTT'S EMERGENCY STAY
OF EVICTION TO THE THIRD-PARTY INTERVENORS MOTION AND RESPONSE TO

HON. HON. WENDLIN L. LIPP UNDER RULE 8011 (A)

Comes now George McDermott third-party intervenor, as added and recognized by the United States District Court as of April 13th 2011 case # 8:11-cv-00949-RTW in response to movements attorney Brian L Huffman Esqs, opposition of Paul Monger to motion of George E McDermott's motion for stay of eviction. Hon. 8011 (a).1 as opposition is factually incorrect and not in conformity with the high standards required under this court rule 11 Hoffman has stated 3 arguments which he knows or frivolous and or baseless trying to deceive this court through trickery and deceit to further harm the debtor in this action. And unjustly enrich his client at the cost of bringing dishonor upon this court with false pleadings as movement and his attorney have done so many times in the past. Relying on the courts overburdened schedule. And disdain for citizens to come before this court under 28 USC 1654 asserting their constitutional rights.
1

Rule 8011. Motions (a) Content of motions; response; reply.A request for an order or other relief shall be made by filing with the clerk of the district court or the clerk of the bankruptcy appellate panel a motion for such order or relief with proof of service on all other parties to the appeal. The motion shall contain or be accompanied by any matter required by a specific provision of these rules governing such a motion, shall state with particularity the grounds on which it is based, and shall set forth the order or relief sought. If a motion is supported by briefs, affidavits or other papers, they shall be served and filed with the motion. Any party may file a response in opposition to a motion other than one for a procedural order within seven days after service of the motion, but the district court or the bankruptcy appellate panel may shorten or extend the time for responding to any motion.

1.

Movements counsel in his opposition of April 14, 2011 states and I quote ("Mr.

McDermott is not a party hereto, and has not moved for or been given permission to intervene under bankruptcy rule 2018, 7024 FRCPiv P 24. Counsel should've checked the record in the US District Court as cited above. As a friend of the court and as a reporter having some knowledge as to bankruptcy fraud having been a victim for the last 19 years Mr. McDermott has acquired some knowledge of his duties and obligations under 18 USC 3057 of the United States criminal code and other criminal statutes that compel him to advise the court when it is obvious that a fraud is being committed upon the court by a party.. 2. The court was advised that this investigative reporter after interviewing victim and

checking the record for authenticity found ample grounds to advise the court under 18 USC 3057 that evidence that the movement in his counsel were pressing a illegal claim against the victim/debtor in direct violation of bankruptcy rule 9010(a)(b)(c)2 appear to have been violated by the movements and his counsel placing of forged documents into the court record. And failing to tell the court of their insider connections within the Calgary County judicial circuit. That proceedings in that court resulted in an illegal foreclosure proceeding against the victims/debtor as forensic documents in the court records clearly attest to. George McDermott has chronicled his intervention on behalf of the state of Maryland in video record available to this court@secretjustice.com programs 283 parts (one), ( two ) and (three). this court couldn't know of the injustices suffered by debtor in other courts due to movements Deceit and trickery .

Rule 9010. Representation and Appearances; Powers of Attorney (b) Notice of appearance.An attorney appearing for a party in a case under the Code shall file a notice of appearance with the attorney's name, office address and telephone number, unless the attorney's appearance is otherwise noted in the record. (c) Power of attorney.The authority of any agent, attorney in fact, or proxy to represent a creditor for any purpose other than the execution and filing of a proof of claim or the acceptance or rejection of a plan shall be evidenced by a power of attorney conforming substantially to the appropriate Official Form. The execution of any such power of attorney shall be acknowledged before one of the officers enumerated in 28 U.S.C. 459, 953, Rule 9012, or a person authorized to administer oaths under the laws of the state where the oath is administered.

3.

This court relies on the honesty and integrity of the attorneys appearing before it in

compliance with established rules of professional conduct outlined in Rule 3.5. Impartiality and Decorum of the Tribunal.(a) A lawyer shall not: will (1) seek to influence a judge, prospective, qualified, or sworn juror, or other official by means prohibited by law; opposing counsel had an obligation to alert the court that his close personal relationship with the circuit court judges in Calvert County of court documents and orders obtained recently reveal the judges who had personal close relationships with the movement recuse themselves in matters weeks before but failed to recuse themselves in the matters involving debtor's property being illegally foreclose on. Memorandum of law is attached regarding this issue. 3. Attorney Hoffman states in paragraph 2. ("In any event, Mr. Rick Dermot makes no

showing of any interest in this property or the subject matter oh proceedings which would entitle him to intervene here in."). Once again attorney Hoffman makes an unfounded fictitious statement not supported by facts or evidence. Mr. McDermott is a taxpayer in the United States of America who pays for the operation and administration of courts system, our federal reserve system, and the operation of the federal reserve, due to trillions of dollars in illegal foreclosures in the United States using Robo signers as evidence clearly shows and the fact that $.42 out of every dollar goes for interest on the national debt. Mr. McDermott's duties are to report fraud and waste in our court system under 18 USC 3057. The extremely unusual sale of millions of dollars worth of property to a court insider/movement Paul Monger in an customary closed nonpublic auction raises flags that even this court should not ignore. 4. Mr. McDermott being a victim of bankruptcy fraud the last 17 years emanating from case

# 88 84274 6 PM which now can be documented in at least 105 court cases encompassing almost 7000 docket entries. The record of this can also be seen on the Internet@secretjustice.com

programs 1 through 280 all of these injustices emanating out of the seventh judicial circuit word the courts and judges encourage lawyers take advantage of proceedings litigants and the self represented as retaliation for appearing before the courts. Even though court Rule 3.4. Fairness to Opposing Party and Counsel 3. Prohibit such action. Therefore as a citizen who has taken an oath or affirmation to uphold and defend the Constitution of this nation against all enemies foreign and domestic the same as the officers Of the Court, Mr. McDermott definitely have standing to bring a fraud upon the court to the attention of the court, under 18 USC 3057 and the local FB I as he will do upon filing this document as the US attorneys office is negligent in its oversight of the US trustee's office and is ineffective in preventing abuses of the system. 5. Attorney Hoffman infers and once again paragraphs 3 and I quote ("but the motion of Mr.

McDermott amounts to the unauthorized practice of law.") Once again I believe attorney Hoffman is misrepresenting statement of facts which is sanctionable by this court. 28 USC 1664 gives citizens the right to go into any court in the United States and press actions in defense or for recoupment of losses they may have suffered. This is affirmed under the Maryland Constitution and declaration of rights article 19. 5. The illegal use of court resources by corporate America and its agents such as Paul

Monger and his attorneys acting under color of law and authority diminished state treasuries and federal treasuries which George McDermott is a taxpayer has a right to protect. The illegal sale of debtor's property to an insider for hundreds of thousands of dollars under appraised value with insider only paying $400 over alleged opening bid liens did U.S. Treasury to cover the losses which now amount to trillions of dollars and are threatening the survivability of this nation.
3

Rule 3.4. Fairness to Opposing Party and Counsel A lawyer shall not (a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act; (b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law; (c) knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists; (d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party

If attorney Hoffman and this court is in the belief that filing a friend of the court notice notifying the court of fraud has been committed on it is the illegal practice of law. Then I challenge attorney Hoffman and this court to produce the following documents in support of attorney Hoffman's claim. A. The constitutional amendment to title 28 of the code of the judiciary stating and defining the house bill number, the Senate bill number, the house vote on the bill its passage and recording in the national register. The Senate bill and passage date also recorded on the national register. The date the president of United States signed the bill and the location within the national archives of the United States as required before an amendment to the Constitution can be made. Making it illegal for private citizens to alert the court that a fraud has been committed. B. Secondly the constitutional amendment that gives the judges said officers of the court judicial immunity when they act outside of their oath of office to disenfranchise our citizens of their rights afforded on the Constitution of the United States. Such as is happened in this case both in the state and federal courts ignoring their constitutional duty to uphold and defend victim/debtors rights and liberties this also should be an amendment to the title 28 of the U.S. Constitution once again House and Senate bill numbers, dates of passage, presidential signature, national archives locations needed, C. Thirdly the constitutional amendment to title 28 turning over control of our courts to a monopoly known as the American Bar Association, giving this public nonprofit Corporation the authority to represent corporations against private citizens in the United States as real parties of interest and allowing its members and Associates to operate outside of the law, by not complying with established rules under title 28 of

the Judiciary act, in violation of title 15 commerce act,18 criminal statutes such as 18 USC 3057 requiring officers of the court to act in FULL compliance with the Constitution as established by the Congress of the United States reaffirmed under title 42 for the protection of our citizens against encroachment of our legal and civil rights by agents and insiders of the court system and corporations and entities C control. Once again the United States House Bill number, Senate Bill number, date of passage, presidential seal, and national archives locations as needed for verification. D. Attorney Hoffman asserts that McDermotts request for the court to certify and verify it's court orders amounts to an unauthorized practice of law. The court and attorney Hoffman are now requested to produce the constitutional amendments under all 50 statutes of the U.S. Constitution amending our forefathers wishes that this nation be one nation under God indivisible with equal justice and liberty for all. At one point in time did the Congress of the United States amend the Constitution giving corporate insider/nonprofit agents of the American Bar Association the exclusive right and monopoly over giving legal advice and assisting victims of court and corporate fraud in our nations publicly funded courts. Once again House resolution number, Senate Bill number dates of passage of bills presidential seal and location in national archives authorizing changes to the Constitution disenfranchising or citizens of our rights and liberties, IT is attorney Hoffman and his agents who are guilty of the unauthorized practice of law as they have violated the court rules, United States code, the rules of civil decency, in their economic and judicial terrorism employed against debtor Jane wills Michaud and her family under color of law and authority employing trickery and deceit and outright fraud on the court.

6.

Once again attorney Hoffman has implied in paragraph 4 and I quote ("The Movement, Mr. Monger for a relies upon the ground stated in his opposition to the debtor's own motion for stay") my only response to this is defendant has put forth affirmative defenses under title 15 of the United States code 15 USC 1693 and others which have now been verified by a forensic auditor and these documents were put into the record and Prince Georges County Circuit Court seeking relief, the Calvert County Circuit Court seeking relief. Documents and forensic report with new motions are being placed into the record of this court in the United States District Court which has current jurisdiction over this case under rule 90114 alerting all courts of the illegal activities of Paul Monger at his counsel under 18 USC 3057. George McDermott trading as MdCourtWatch.com & Secret Justice.com NEWS has performed its duty as an investigative reporter by informing the court of the fraud deceit trickery and dishonesty being perpetrated on it by movement Paul Monger and his counsel. Video records have been made available chronicling debtor's efforts to save her property.

7.

[Att 2] is the illegally obtained the eviction document movement Paul Monger and his attorney obtained from the Charles County Sheriff's office under false pleadings stating that all appeals have been exhausted. And movement had a party to evict the debtor knowing full well that appeals were still in play in the Maryland Court of special appeals as well as the United States District Court

Rule 9011 (a) through (e) Verification.Except as otherwise specifically provided by these rules, papers filed in a case under the Code need not be verified. Whenever verification is required by these rules, an unsworn declaration as provided in 28 U.S.C. 1746 satisfies the requirement of verification.(f) Copies of signed or verified papers.When these rules require copies of a signed or verified paper, it shall suffice if the original is signed or verified and the copies are conformed to the original.

the court could take judicial notice that it was notified that for reasons unknown defendants notice of appeal was never properly transferred to the US District Court in a timely fashion. Once again attorney Hoffman taking advantage of unskilled pro se litigant in violation of as victim/debtor

was unaware that the court mishandled her notice of appeal under rules 8004, 8005, and 8006 having not received any deficiency notices. As required by law rule 9022 (a)(b)5

Rule 8001. Manner of Taking Appeal; Voluntary Dismissal; Certification to Court of Appeals(a) Appeal as of right; how taken.An appeal from a judgment, order, or decree of a bankruptcy judge to a district court or bankruptcy appellate panel as permitted by 28 U.S.C. 158(a)(1) or (a)(2) shall be taken by filing a notice of appeal with the clerk within the time allowed by Rule 8002. An appellant's failure to take any step other than timely filing a notice of appeal does not affect the validity of the appeal, but is ground only for such action as the district court or bankruptcy appellate panel deems appropriate, which may include dismissal of the appeal. The notice of appeal shall (1) conform substantially to the appropriate Official Form, (2) contain the names of all parties to the judgment, order, or decree appealed from and the names, addresses, and telephone numbers of their respective attorneys, and (3) be accompanied by the prescribed fee. Each appellant shall file a sufficient number of copies of the notice of appeal to enable the clerk to comply promptly with Rule 8004.

In conclusion George McDermott assert that attorney Hoffman has filed this request for relief in the wrong court as an accomplished attorney he is well aware that filing a notice of appeal divest the lower court of jurisdiction and authority to alter the standing of the parties to limit until after all appeals have been exhausted and the record returned to the court being appealed. Accordingly George McDermott's praise did this court will take appropriate action under 18 USC 3057 as required and under Rule 9012. Oaths and Affirmations report dismounted to the US attorney for a grand jury investigation pursuant to the rules as court personnel and trustees have all taken oaths of office to respect and abide by the Constitution as a part of the employment contract with we the people of these United States, which includes the debtor Jane Wailes Michaud and her family. Attachments support of motion 1. 2. Movement Paul Monger's opposition filed in The Wrong Court, April 14th 2011 Debtors notice of eviction being contested as a fraud in circuit court and US District Court 3. video records attesting that George McDermott is making a documentary movie on abuse of the court system by lawyers part 1,2 & 3 available@secretjustice.com program 228. Memorandum of law in support of opposition motion

Rules Of Professional Conduct Rule 3.5. Impartiality and Decorum of the Tribunal. (a) A lawyer shall not: will (1) seek to influence a judge, prospective, qualified, or sworn juror, or other official by means prohibited by law; (7) communicate ex parte about an adversary proceeding with the judge or other official before whom the proceeding is pending, except as permitted by law; 9

(8) discuss with a judge potential employment of the judge if the lawyer or a firm with which the lawyer is associated has a matter that is pending before the judge; or (9) engage in conduct intended to disrupt a tribunal. (b) A lawyer who has knowledge of any violation of paragraph (a) of this Rule, any improper conduct by a prospective, qualified, or sworn juror or any improper conduct by another towards a prospective, qualified, or sworn juror, shall report it promptly to the court or other appropriate authority. [Amended Dec. 4, 2007, effective Jan. 1, 2008.] Rule 3.4. Fairness to Opposing Party and Counsel A lawyer shall not (a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act; (b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law; (c) knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists; (d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party (e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or (f) request a person other than a client to refrain from voluntarily giving relevant information to another party unless: (1) the person is a relative or an employee or other agent of a client; and (2) the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information.

Rule 8001. Manner of Taking Appeal; Voluntary Dismissal; Certification to Court of Appeals
(a) Appeal as of right; how taken. An appeal from a judgment, order, or decree of a bankruptcy judge to a district court or bankruptcy appellate panel as permitted by 28 U.S.C. 158(a)(1) or (a)(2) shall be taken by filing a notice of appeal with the clerk within the time allowed by Rule 8002. An appellant's failure to take any step other than timely filing a notice of appeal does not affect the validity of the appeal, but is ground only for such action as the district court or bankruptcy appellate panel deems appropriate, which may include dismissal of the appeal. The notice of appeal shall (1) conform substantially to the appropriate Official Form, (2) contain the names of all parties to the judgment, order, or decree appealed from and the names, addresses, and telephone numbers of their respective attorneys, and (3) be accompanied by the prescribed fee. Each appellant shall file a sufficient number of copies of the notice of appeal to enable the clerk to comply promptly with Rule 8004.

10

(b) Appeal by leave; how taken. An appeal from an interlocutory judgment, order, or decree of a bankruptcy judge as permitted by 28 U.S.C. 158(a)(3) shall be taken by filing a notice of appeal, as prescribed in subdivision (a) of this rule, accompanied by a motion for leave to appeal prepared in accordance with Rule 8003 and with proof of service in accordance with Rule 8008.

Rule 8004. Service of the Notice of Appeal

The clerk shall serve notice of the filing of a notice of appeal by mailing a copy thereof to counsel of record of each party other than the appellant or, if a party is not represented by counsel, to the party's last known address. Failure to serve notice shall not affect the validity of the appeal. The clerk shall note on each copy served the date of the filing of the notice of appeal and shall note in the docket the names of the parties to whom copies are mailed and the date of the mailing. The clerk shall forthwith transmit to the United States trustee a copy of the notice of appeal, but failure to transmit such notice shall not affect the validity of the appeal. Notes <nrule8004.htm>

Rule 8005. Stay Pending Appeal

A motion for a stay of the judgment, order, or decree of a bankruptcy judge, for approval of a supersedeas bond, or for other relief pending appeal must ordinarily be presented to the bankruptcy judge in the first instance. Notwithstanding Rule 7062 but subject to the power of the district court and the bankruptcy appellate panel reserved hereinafter, the bankruptcy judge may suspend or order the continuation of other proceedings in the case under the Code or make any other appropriate order during the pendency of an appeal on such terms as will protect the rights of all parties in interest. A motion for such relief, or for modification or termination of relief granted by a bankruptcy judge, may be made to the district court or the bankruptcy appellate panel, but the motion shall show why the relief, modification, or termination was not obtained from the bankruptcy judge. The district court or the bankruptcy appellate panel may condition the relief it grants under this rule on the filing of a bond or other appropriate security with the bankruptcy court. When an appeal is taken by a trustee, a bond or other appropriate security may be required, but when an appeal is taken by the United States or an officer or agency thereof or by direction of any department of the Government of the United States a bond or other security shall not be required. Notes <nrule8005.htm>

Rule 8006. Record and Issues on Appeal

Within 14 days after filing the notice of appeal as provided by Rule 8001(a), entry of an order granting leave to appeal, or entry of an order disposing of the last timely motion outstanding of a type specified in Rule 8002(b), whichever is later, the appellant shall file with the clerk and serve on the appellee a designation of the items to be included in the record on appeal and a statement of the issues to be presented. Within 14 days after the service of the appellant's statement the appellee may file and serve on the appellant a designation of additional items to be included in the record on appeal and, if the appellee has filed a cross appeal, the appellee as cross appellant shall file and serve a statement of the issues to be presented on the cross appeal and a designation of additional items to be included in the record. A cross appellee may, within 14 days of service of the cross appellant's statement, file and serve on the cross appellant a designation of additional items to be included in the record. The record on appeal shall include the items so designated by 11

the parties, the notice of appeal, the judgment, order, or decree appealed from, and any opinion, findings of fact, and conclusions of law of the court. Any party filing a designation of the items to be included in the record shall provide to the clerk a copy of the items designated or, if the party fails to provide the copy, the clerk shall prepare the copy at the party's expense. If the record designated by any party includes a transcript of any proceeding or a part thereof, the party shall, immediately after filing the designation, deliver to the reporter and file with the clerk a written request for the transcript and make satisfactory arrangements for payment of its cost. All parties shall take any other action necessary to enable the clerk to assemble and transmit the record.

Rule 1002. Commencement of Case Rule 9010. Representation and Appearances; Powers of Attorney
(a) Authority to act personally or by attorney. A debtor, creditor, equity security holder, indenture trustee, committee or other party may (1) appear in a case under the Code and act either in the entity's own behalf or by an attorney authorized to practice in the court, and (2) perform any act not constituting the practice of law, by an authorized agent, attorney in fact, or proxy. (b) Notice of appearance. An attorney appearing for a party in a case under the Code shall file a notice of appearance with the attorney's name, office address and telephone number, unless the attorney's appearance is otherwise noted in the record. (c) Power of attorney. The authority of any agent, attorney in fact, or proxy to represent a creditor for any purpose other than the execution and filing of a proof of claim or the acceptance or rejection of a plan shall be evidenced by a power of attorney conforming substantially to the appropriate Official Form. The execution of any such power of attorney shall be acknowledged before one of the officers enumerated in 28 U.S.C. 459, 953, Rule 9012, or a person authorized to administer oaths under the laws of the state where the oath is administered. Notes <nrule9010.htm>

Rule 9011. Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers
(a) Signing of papers. Every petition, pleading, written motion, and other paper, except a list, schedule, or statement, or amendments thereto, shall be signed by at least one attorney of record in the attorney's individual name. A party who is not represented by an attorney shall sign all papers. Each paper shall state the signer's address and telephone number, if any. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party. (b) Representations to the court. By presenting to the court (whether by signing, filing, submitting, or later advocating) a petition, pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to

12

the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, (1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; (2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; (3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. (c) Sanctions. If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation. (1) How initiated. (A) By motion. A motion for sanctions under this rule shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). It shall be served as provided in Rule 7004. The motion for sanctions may not be filed with or presented to the court unless, within 21 days after service of the motion (or such other period as the court may prescribe), the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected, except that this limitation shall not apply if the conduct alleged is the filing of a petition in violation of subdivision (b). If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorney's fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees. (B) On court's initiative. On its own initiative, the court may enter an order describing the specific conduct that appears to violate subdivision (b) and directing an attorney, law firm, or party to show cause why it has not violated subdivision (b) with respect thereto. (2) Nature of sanction; limitations. A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation. (A) Monetary sanctions may not be awarded against a represented party for a violation of subdivision (b)(2).

13

(B) Monetary sanctions may not be awarded on the court's initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party which is, or whose attorneys are, to be sanctioned. (3) Order. When imposing sanctions, the court shall describe the conduct determined to constitute a violation of this rule and explain the basis for the sanction imposed. (d) Inapplicability to discovery. Subdivisions (a) through (c) of this rule do not apply to disclosures and discovery requests, responses, objections, and motions that are subject to the provisions of Rules 7026 through 7037. (e) Verification. Except as otherwise specifically provided by these rules, papers filed in a case under the Code need not be verified. Whenever verification is required by these rules, an unsworn declaration as provided in 28 U.S.C. 1746 satisfies the requirement of verification. (f) Copies of signed or verified papers. When these rules require copies of a signed or verified paper, it shall suffice if the original is signed or verified and the copies are conformed to the original. Notes <nrule9011.htm>

Rule 9012. Oaths and Affirmations

(a) Persons authorized to administer oaths. The following persons may administer oaths and affirmations and take acknowledgments: a bankruptcy judge, clerk, deputy clerk, United States trustee, officer authorized to administer oaths in proceedings before the courts of the United States or under the laws of the state where the oath is to be taken, or a diplomatic or consular officer of the United States in any foreign country. (b) Affirmation in lieu of oath. When in a case under the Code an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof. Notes <nrule9012.htm>

Rule 9013. Motions: Form and Service

A request for an order, except when an application is authorized by these rules, shall be by written motion, unless made during a hearing. The motion shall state with particularity the grounds therefor, and shall set forth the relief or order sought. Every written motion other than one which may be considered ex parte shall be served by the moving party on the trustee or debtor in possession and on those entities specified by these rules or, if service is not required or the entities to be served are not specified by these rules, the moving party shall serve the entities the court directs. Notes <nrule9013.htm>

14

Rule 9014. Contested Matters

(a) Motion. In a contested matter not otherwise governed by these rules, relief shall be requested by motion, and reasonable notice and opportunity for hearing shall be afforded the party against whom relief is sought. No response is required under this rule unless the court directs otherwise. (b) Service. The motion shall be served in the manner provided for service of a summons and complaint by Rule 7004. Any paper served after the motion shall be served in the manner provided by Rule 5(b) F.R.Civ.P. (c) Application of Part VII Rules. Except as provided in this rule, and unless the court directs otherwise, the following rules shall apply: 7009, 7017, 7021, 7025, 7026, 7028-7037, 7041, 7042, 7052, 7054-7056, 7064, 7069, 7071. The following subdivisions of Fed. R. Civ. P. 26. as incorporated by Rule 7026, shall not apply in a contested matter unless the court directs otherwise: 26(a)(1) (mandatory disclosure), 26(a)(2) (disclosures regarding expert testimony) and 26(a)(3)(additional pre-trial disclosure), and 26(f) (mandatory meeting before scheduling conference/discovery plan). An entity that desires to perpetuate testimony may proceed in the same manner as provided in Rule 7027 for the taking of a deposition before an adversary proceeding. The court may at any stage in a particular matter direct that one or more of the other rules in Part VII shall apply. The court shall give the parties notice of any order issued under this paragraph to afford them a reasonable opportunity to comply with the procedures prescribed by the order. (d) Testimony of Witnesses. Testimony of witnesses with respect to disputed material factual issues shall be taken in the same manner as testimony in an adversary proceeding. (e) Attendance of Witnesses. The court shall provide procedures that enable parties to ascertain at a reasonable time before any scheduled hearing whether the hearing will be an evidentiary hearing at which witnesses may testify. In a contested matter in a case under the Code not otherwise governed by these rules, relief shall be requested by motion, and reasonable notice and opportunity for hearing shall be afforded the party against whom relief is sought. No response is required under this rule unless the court orders an answer to a motion. The motion shall be served in the manner provided for service of a summons and complaint by Rule 7004, and, unless the court otherwise directs, the following rules shall apply: 7021, 7025, 7026, 7028-7037, 7041, 7042, 7052, 7054-7056, 7062, 7064, 7069, and 7071. The court may at any stage in a particular matter direct that one or more of the other rules in Part VII shall apply. An entity that desires to perpetuate testimony may proceed in the same manner as provided in Rule 7027 for the taking of a deposition before an adversary proceeding. The clerk shall give notice to the parties of the entry of any order directing that additional rules of Part VII are applicable or that certain of the rules of Part VII are not applicable. The notice shall be given within such time as is necessary to afford the parties a reasonable opportunity to comply with the procedures made applicable by the order. > Notes <nrule9014.htm> 15

Rule 9015. Jury Trials

(a) Applicability of certain Federal Rules of Civil Procedure. Rules 38, 39, 47-49, and 51 F.R.Civ.P., and Rule 81(c) F.R.Civ.P. insofar as it applies to jury trials, apply in cases and proceedings, except that a demand made under Rule 38(b) F.R.Civ.P. shall be filed in accordance with Rule 5005. (b) Consent to have trial conducted by bankruptcy judge. If the right to a jury trial applies, a timely demand has been filed pursuant to Rule 38(b) F.R.Civ.P., and the bankruptcy judge has been specially designated to conduct the jury trial, the parties may consent to have a jury trial conducted by a bankruptcy judge under 28 U.S.C. 157(e) by jointly or separately filing a statement of consent within any applicable time limits specified by local rule. Notes <nrule9015.htm>

Rule 9016. Subpoena

Rule 45 F.R.Civ.P. applies in cases under the Code. Notes <nrule9016.htm>

Rule 9017. Evidence

The Federal Rules of Evidence and Rules 43, 44 and 44.1 F.R.Civ.P. apply in cases under the Code. Notes <nrule9017.htm>

Rule 9018. Secret Confidential, Scandalous, or Defamatory Matter

On motion or on its own initiative, with or without notice, the court may make any order which justice requires (1) to protect the estate or any entity in respect of a trade secret or other confidential research, development, or commercial information, (2) to protect any entity against scandalous or defamatory matter contained in any paper filed in a case under the Code, or (3) to protect governmental matters that are made confidential by statute or regulation. If an order is entered under this rule without notice, any entity affected thereby may move to vacate or modify the order, and after a hearing on notice the court shall determine the motion. Notes <nrule9018.htm>

Rule 9019. Compromise and Arbitration

(a) Compromise. On motion by the trustee and after notice and a hearing, the court may approve a compromise or settlement. Notice shall be given to creditors, the United States trustee, the debtor, and indenture trustees as provided in Rule 2002 and to any other entity as the court may direct. (b) Authority to compromise or settle controversies within classes. After a hearing on such notice as the court may direct, the court may fix a class or classes of controversies and authorize the trustee to compromise or settle controversies within such class or classes without further hearing or notice.

16

(c) Arbitration. On stipulation of the parties to any controversy affecting the estate the court may authorize the matter to be submitted to final and binding arbitration. Notes <nrule9019.htm>

Rule 9020. Contempt Proceedings

Rule 9014 governs a motion for an order of contempt made by the United State trustee or a party in interest. Notes <nrule9020.htm>

Rule 9021. Entry of Judgment

A judgment or order is effective when entered under Rule 5003. Notes <nrule9021.htm>

Rule 9022. Notice of Judgment or Order

(a) Judgment or order of bankruptcy judge. Immediately on the entry of a judgment or order the clerk shall serve a notice of entry in the manner provided in Rule 5(b) F.R.Civ.P. on the contesting parties and on other entities as the court directs. Unless the case is a chapter 9 municipality case, the clerk shall forthwith transmit to the United States trustee a copy of the judgment or order. Service of the notice shall be noted in the docket. Lack of notice of the entry does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted in Rule 8002. (b) Judgment or order of district judge. Notice of a judgment or order entered by a district judge is governed by Rule 77(d) F.R.Civ.P. Unless the case is a chapter 9 municipality case, the clerk shall forthwith transmit to the United States trustee a copy of a judgment or order entered by a district judge. Notes <nrule9022.htm>

Rule 9023. New Trials; Amendment of Judgments

Except as provided in Rule 3008, Rule 59 F.R.Civ.P. applies in cases under the Code. A motion for a new trial or to alter or amend a judgment shall be filed, and a court may on its own order a new trial, no later than 14 days after entry of judgment. Notes <nrule9023.htm>

Rule 9024. Relief from Judgment or Order

Rule 60 F.R.Civ.P. applies in cases under the Code except that (1) a motion to reopen a case under the Code or for the reconsideration of an order allowing or disallowing a claim against the estate entered without a contest is not subject to the one year limitation prescribed in Rule 60(c), (2) a complaint to revoke a discharge in a chapter 7 liquidation case may be filed only within the time allowed by 727(e) of the Code, and (3) a complaint to revoke an order confirming a plan may be filed only within the time allowed by 1144, 1230, or 1330. Notes <nrule9024.htm>

17

Rule 9025. Security: Proceedings Against Sureties

Whenever the Code or these rules require or permit the giving of security by a party, and security is given in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits to the jurisdiction of the court, and liability may be determined in an adversary proceeding governed by the rules in Part VII. Notes <nrule9025.htm>

Rule 9026. Exceptions Unnecessary

Rule 46 F.R.Civ.P. applies in cases under the Code.

Certificate of service
I hereby certify that a copy of the foregoing opposition to move as opposition Wednesday oh conviction was served on the following parties by first class US mail after being date stamped by the respective courts in accordance with court rules US first-class postage prepaid Timothy B Branigan Esquire chapter 13 trustee PO Box 1902, Laurel Maryland 2725. Robert Hager Esquire former attorney 114037 Seneca Forrest circle Germantown, MD 20876. Jane Wailes Michaud PO Box 158, Dowell, MD 20619 William a Gottleid 49 Back Creek Rd., Dowell Md. 20629

FBI Baltimore 2600 Lord Baltimore Drive Baltimore, MD 21244 Attn: agent McFeely Southern Maryland crime task force Foreclosure Fraud division

18

19