Adversary Complaint For Public Upload Page 1 Only
Adversary Complaint For Public Upload Page 1 Only
Adversary Complaint For Public Upload Page 1 Only
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CASE NO. ADVERSARY COMPLAINT FOR DAMAGES AND RELIEF [TO DETERMINE ASSETS AND DEBT IN BANKRUPTCY
COMPLAINT TO DETERMINE THE NATURE, EXTENT AND VALIDITY OF LIEN AND TO DISALLOW SECURED CLAIM.
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Plaintiff,
Defendants.
COMES NOW debtor and plaintiff herein (P"), by and through counsel once retained, and files this Complaint as follows: 1. This adversary proceeding is brought pursuant to 11 U.S.C. 506 and Federal Rule
of Bankruptcy Procedure 7001. Pronouns are meant herein to be gender neutral. 2. 3. JURISDICTION AND VENUE ESTABLISHED This court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C.
151, 157 and 1334(b). 4. Venue is proper pursuant to 28 U.S.C. 1409. CORE PROCEEDING ESTABLISHED 5. This adversary proceeding is a core proceeding as defined at 28 U.S.C. 157(b)(2)(b) and
(b)(2)(K) in that it is an action, inter alia, to determine the nature, extent and validity of a lien on property evidenced by a deed of trust, and the allowance or disallowance of a claim. This is a
-2COMPLAINT TO DETERMINE THE NATURE, EXTENT AND VALIDITY OF LIEN AND TO DISALLOW SECURED CLAIM.
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core proceeding pursuant to 28 U.S.C. 157(b), and jurisdiction exists pursuant to 11 U.S.C. 502 (a) and (b) (1), 11 U.S.C. 544 (a) (3) and (b) (1), 28 U.S.C. 1334, 28 U.S.C. 2201 for declaratory relief and 28 U.S.C. 1367 for pendent state claims. DEBTOR HAS STANDING AS CLAIMANT OF REAL PROPERTY 5a. Debtor has standing to pursue this adversary proceeding as a real party in interest and past
owner of a real property defined herein as part of her estate in bankruptcy, otherwise. PARTIES
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PRAYER for ALL Causes of action EXCEPT TRO/Preliminary Injunction: 1. For Non-Economic Damages or General damages according to proof; 2. For Economic Damages, or Special damages according to proof; 3. For Punitive Damages to by example and to punish in a sum of $5,000,000; 4. For Attorneys fees; 5. For Statutory Damages and penalties under state and federal law as proved; 6. For equitable and injunctive relief as prayed including reformation of all document to reflect the title being in the name of plaintiff; 7. For Declaratory Relief to resolve a dispute about duties under a writing; 8. All further relief that to the court seems just. 9. Vacating and reconveyance of real property through wrongful foreclosure. January 20, 2012 ______________________________ , in pro se
-3COMPLAINT TO DETERMINE THE NATURE, EXTENT AND VALIDITY OF LIEN AND TO DISALLOW SECURED CLAIM.
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Verification of Complaint by Plaintiff Signed in ________________________, Colorado, on___________, 2012 ________________________________ , Declarant
-4COMPLAINT TO DETERMINE THE NATURE, EXTENT AND VALIDITY OF LIEN AND TO DISALLOW SECURED CLAIM.
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-5COMPLAINT TO DETERMINE THE NATURE, EXTENT AND VALIDITY OF LIEN AND TO DISALLOW SECURED CLAIM.