Alan E. Griffin

42 Tara Road

Orinda, California 94563

Telephone (925) 254-4116

Attorney for:     In Pro Per

                        IN THE UNITED STATES  BANKRUPTCY COURT

                          FOR THE NORTHERN DISTRICT OF CALIFORNIA

                                                 OAKLAND DIVISION

In Re:                                                               Case No. 98-71464

ALAN GRIFFIN,                                                        Chapter 7

                        Debtor(s),                                            DECLARATION

                                                                                    OF  DEBTOR

                                                                                    ALAN GRIFFIN

                                                                                    IN SUPPORT OF

                                                                                    OBJECTION TO TRUSTEE'S

                                                                                    PROPOSED SALE OF

                                                                                    OF RESIDENCE

                                                                                    Date: October 30, 2000

                                                                                    Time:   2:30 p.m.

                                                                                    Court:  1300 Clay Street, Rm 201                                                                                Oakland, CA                                                                                                    Court Room No. 201

                                                                                Judge:   Hon. Leslie Tchaikovsky

________________________/                                                                                                                                                                                                                                             

DECLARATION OF ALAN GRIFFIN IN SUPPORT OF OBJECTION  BY DEBTOR ALAN GRIFFIN TO THE PROPOSED TRUSTEE SALE OF  THE TARA RESIDENCE AS SET FORTH IN TRUSTEE'S NOTICE OF PROPOSED SALE. DATED OCTOBER 6, 2000.

Debtor, Alan Griffin, OBJECTS  TO  the SALE OF  AS SET FORTH IN TRUSTEE'S NOTICE OF PROPOSED SALE. DATED OCTOBER 6, 2000.

as follows:

1.   I am the debtor in this action.

2.   All of the following facts are within my personal knowledge, and I can testify

competently as to these facts.

3.   GRIFFIN incorporates his previous objection to the sale and all the

documents filed there in and makes them a part of this objection as though set forth at

length herein  and incorporated the grounds there in as additional grounds to the

objection of the sale.

4.   Debtor Alan Griffin seeks to avoid the sale of the TARA residence

  5. Alan Griffin, the debtor, commenced the above-entitled action

on November 14, 1998 by filing a voluntary petition for relief under

Chapter 13 of Title 11 of the United States Code that was subsequently

converted to a Chapter 7.

6.  The debtor's interest in the property referred to, 42 Tara Road,

Orinda, California has been claimed as fully exempt in this case.

7.  The proposed sale  property impairs exemptions to which the debtor

is entitled under 11 U.S.C., Section 522(B).

8.  If the PROPOSED  SALE  by the TRUSTEE  is not avoided, debtor ,

Alan Griffin, will be deprived of the opportunity of a fresh start.

9. Debtor Alan E. Griffin has been discharged in bankruptcy

10.       The Chapter 7 proceeding is dismissed pursuant to the HUDDLESTONE

MOTION TO DISMISS and the stipulation by debtor Alan E. Griffin that the motion be

granted. The TRUSTEE therefore has no jurisdiction over the property and the further

the TRUSTEE not have jurisdiction to PROCEED WITH THE PROPOSED SALE.

11.       The property is exempt property and there has been no determination that

the TARA residence property is not exempt.12.            The time to object to the homestead exemption has expired and the trustee has no authority to sell the property.

13.       The time to object to the homestead exemption has expired and the court

does not jurisdiction to order or approve the sale of the property.

14.       The CREDITOR STITT alleges he has a  contract for the sale of the property

which CONTRACT has priority over the alleged HUDDLESTONE CONTRACT

and the proposed trustees sale.

15.       The property has not been advertised as required by the bankruptcy code

and the trustee has n not solicited bids in violation of bankruptcy code and rules

16.       Debtor has the right to object and prohibit the sale pursuant to Bankruptcy

Code Section  11 USC § 363(e)

17.       The property is owned by the trust and the trust prohibits sale of the

property.

18. The alleged HUDDLESTONE contract is an Executory contract and it

was discharged in bankruptcy. The has been no hearing, ruling or order that

the property is not exempt.

19. GRIFFIN has motions avoiding the liens on the TARA property

and those motions should be heard before there is any sale. The pending

motions are:

1.  THE LOESCH LIEN

2. THE LOPEZ LIEN

3. THE  F. GRIFFIN LIEN

4.  THE ALLEGED HUDDLESTONE LIEN

20. GRIFFIN  has demanded a jury trial ion the issue of his homestead

exemption

21. GRIFFIN has demanded a jury trial as to all issues related to the

proposed sale by the trustee.

22.  GRIFFIN has been discharged and the property is exempt and the

trustee does not  jurisdiction over the exempt property of a discharged debtor

and the residence is the sole and exclusive property of discharged debtor

GRIFFIN.

23. The proposed sale by the trustee is in violation of California Code OF

Civil  Procedure  Section 704.800(a) - in that the sale will not bring sufficient

proceeds to pay the liens on the property  as mandated by California Code OF

Civil  Procedure  Section 704.800(a). 

24.  An appeal to the denial of the motion to set aside the Contra Costa

County  Judgment is pending.

25.  Trustee violated Automatic stay by opposing motion for relief from

default and the court cannot act on the basis of this violation by the trustee.

26.  Res Judicata as to the Homestead Exemption-- DEBTOR GRIFFIN

has been discharged and the discharge disposes of the objection and the

proposed sale.   The trustee does not have jurisdiction over the property.

WHEREFORE, Debtor prays for an order prohibiting the sale of  the debtor's

property located at 42 Tara Road, Orinda, California and for such additional relief

as the Court may deem just and proper

                                                VERIFICATION

            I,  Alan E. Griffin, declare as follows:

            I am the Debtor In Pro Per  herein.  I have read the foregoing declaration and know

its contents.  The facts alleged in the petition are true to my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct and

that this verification was executed on October 18, 2000, at   Orinda, California.

Dated: October 17, 2000                                 __________________________

                                                                                    Alan E. Griffin