Judge: Stephen I. Goorvitch, Case: 23STCP00807, Date: 2023-04-10 Tentative Ruling

Case Number: 23STCP00807    Hearing Date: April 10, 2023    Dept: 39

Matthew Bizieff v. JP Morgan Chase Bank, N.A.

Case No. 23STCP00807

Petition for Relief from Financial Obligation

 

            Petitioner Matthew Bizieff (“Petitioner”) filed a petition for relief from financial obligations during his military service. Petitioner represents that he is a full-time active duty service member under Military and Veterans Code, section 400. Petitioner seeks “an additional period of time to pay the obligation equal to the period of time in which [he] is on active military service.”  Petitioner also seeks an order that “interest shall not be charged or accumulated on the principal or interest on which the payment was deferred.”  Counsel for JP Morgan Chase Bank, N.A. (“Respondent”) filed a declaration stating that there is no opposition. 

 

            Based upon the foregoing, the Court orders as follows:

 

            1.         Petitioner’s petition is granted. 

 

            2.         Respondent shall defer Petitioner’s loan obligations during his period of active military service.  Specifically, Respondent shall defer Petitioner’s monthly mortgage loan payments from March 14, 2023 (the date upon which the petition was filed) to September 30, 2023 (the date on which Petitioner’s active military service ends).  During this time period, interest shall not be charged or accumulated on the principal or interest on which the payment was deferred.  Respondent may extend the loan by a number of months equal to the total months deferred due to Petitioner’s active military service.

 

            3.         Petitioner may lodge a proposed order if necessary.

 

            4.         Having granted all relief requested in the petition, the Court sets no future dates, and the Court’s clerk shall close-out this case.

 

            5.         Should Petitioner’s active military service be extended, he shall file a new petition with the new dates and a copy of his orders.

 

            6.         Petitioner’s counsel shall provide notice and file proof of such with the Court.