10:00 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
10:00 AM
Docket 0
- NONE LISTED -
10:00 AM
Stip for adequate protection fld 12/23/20
Docket 165
- NONE LISTED -
Debtor(s):
Ross Friedman Represented By Stella A Havkin
Trustee(s):
Andrew W. Levin (TR) Pro Se
10:00 AM
VELOCITY COMMERCIAL CAPITAL, LLC
Docket 63
- NONE LISTED -
Debtor(s):
Javier Caceres Represented By Onyinye N Anyama
11:00 AM
Docket 921
Final Ruling for January 5, 2021: Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than January 12, 2021.
Debtor(s):
Penthouse Global Media, Inc. Represented By Michael H Weiss Linda F Cantor ESQ
Trustee(s):
David Keith Gottlieb (TR) Represented By
Linda F Cantor ESQ Jeffrey L Kandel Iain A W Nasatir Bradley E Brook
11:00 AM
WGCZ Ltd., S.R.O and its assignees per bankruptcy rule 9019 and authorizing rhe trustee to sell the estates equity interestiIn certain property pursuant to 11 U.S.C. § 363 free and clear of interests.
Docket 918
Final Ruling for January 5, 2021: Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than January 12, 2021.
Debtor(s):
Penthouse Global Media, Inc. Represented By Michael H Weiss Linda F Cantor ESQ
Trustee(s):
David Keith Gottlieb (TR) Represented By
Linda F Cantor ESQ Jeffrey L Kandel Iain A W Nasatir Bradley E Brook
11:00 AM
Docket 61
Final Ruling for January 5, 2021:
Approve requested fees and expenses and authorize proposed payments. No objections filed. Appearances waived. Trustee to lodge an order.
Debtor(s):
Stanley Menaker Represented By Larry D Simons
Joint Debtor(s):
Marina Menaker Represented By Larry D Simons
Trustee(s):
Nancy J Zamora (TR) Pro Se
11:00 AM
Docket 41
- NONE LISTED -
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan Jessica L Bagdanov
1:30 PM
Docket 137
- NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
(II) Granting Senior Secured And Other Liens And Superpriority Claims; (III) Granting Adequate Protection; (IV) Modifying The Automatic Stay; And (V) Granting Related Relief
fr. 11/6/20, 11/16/20, 11/23/20, 12/9/20
Docket 55
Ruling for November 23, 2020
The motion is approved on a final basis as to Gateway Four & Gateway Five. The motion is continued for a final hearing as to Gateway Two to December 9, 2020 at 9:00 a.m.
The trustee may set forthcoming applications to employ real estate brokers for December 9, 2020 at 9:00 a.m. without filing ex parte applications to shorten time.
Ruling for November 16, 2020
As to Gateway Two, the hearing is continued to November 23, 2020 at 10:00 a.m. As to Gateway Four, the proposed order attached as Exhibit 2 to the trustee's Supplemental Reply (case dkt. 89) is approved subject to the clarification that Romspen's lien for postpetition financing will not prime the County's lien for ad valorem real property taxes and is approved only on an interim basis. A final hearing will be held on November 23, 2020 at 10:00 a.m. Any opposition to final approval must be filed by 9:00 a.m. on November 23, 2020.
As to Gateway Five, the proposed order attached as Exhibit 4 to the trustee's Supplemental Reply (case dkt. 89) is approved subject to the clarification that Romspen's lien for postpetition financing will not prime the County's lien for ad valorem real property taxes and is approved only on an interim basis. A final hearing will be held on November 23, 2020 at 10:00 a.m. Any opposition to final approval must be filed by 9:00 a.m. on November 23, 2020. The parties are to continue negotiating regarding the section 506(c) waiver as indicated by the Court at the hearing.
1:30 PM
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro
Movant(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
Docket 150
- NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Movant(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
Docket 39
- NONE LISTED -
Debtor(s):
Oscar R. Ortega Represented By Robert M Yaspan
1:30 PM
Docket 1
Ruling for July 13, 2020: Continued to 11/20/20 at 1:30 p.m. If Debtor has filed a disclosure statement, then the filing of a status report is waived. If the Debtor does not file a disclosure statement, then the Debtor must file an updated status report.
Ruling for June 8, 2020: Debtor to file a supplemental declaration regarding the budget. Continued to 7/13/20 at 1:30 p.m. New status report is waived for the 7/13/20 hearing.
Ruling for May 13, 2020:
Continued to June 8, 2020 at 1:30 p.m. If the debtor provides evidence of the commercial insurance to the US Trustee, the Court will entertain a brief motion to continue the June status conference to September.
Ruling for January 22, 2020: The Court sets a general claims bar date of 3/31/20. Debtor must serve claims bar date by 1/29/20. No deadline for objections to claims. The deadline to file a plan and disclosure statement is 9/30/20. Status conference is continued to 5/13/20 at 1:30 p.m. Status report update must be filed by 4/29/20.
Debtor(s):
Oscar R. Ortega Represented By Robert M Yaspan
1:30 PM
Stip for adequate protection fld 12/23/20
Docket 165
- NONE LISTED -
Debtor(s):
Ross Friedman Represented By Stella A Havkin
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
1:30 PM
Docket 0
- NONE LISTED -
1:30 PM
fr. 1/5/21
Docket 137
Ruling for January 5, 2021
Continued to January 6, 2021 at 1:30 p.m.
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
(II) Granting Senior Secured And Other Liens And Superpriority Claims; (III) Granting Adequate Protection; (IV) Modifying The Automatic Stay; And (V) Granting Related Relief
fr. 11/6/20, 11/16/20, 11/23/20, 12/9/20, 1/5/21
Docket 55
Ruling for January 5, 2021
Continued to January 6, 2021 at 1:30 p.m.
Ruling for November 23, 2020
The motion is approved on a final basis as to Gateway Four & Gateway Five. The motion is continued for a final hearing as to Gateway Two to December 9, 2020 at 9:00 a.m.
The trustee may set forthcoming applications to employ real estate brokers for December 9, 2020 at 9:00 a.m. without filing ex parte applications to shorten time.
Ruling for November 16, 2020
As to Gateway Two, the hearing is continued to November 23, 2020 at 10:00 a.m. As to Gateway Four, the proposed order attached as Exhibit 2 to the trustee's Supplemental Reply (case dkt. 89) is approved subject to the clarification that Romspen's lien for postpetition financing will not prime the County's lien for ad valorem real property taxes and is approved only on an interim basis. A final hearing will be held on November 23, 2020 at 10:00 a.m. Any opposition to final approval must be filed by 9:00 a.m. on November 23, 2020.
As to Gateway Five, the proposed order attached as Exhibit 4 to the trustee's Supplemental Reply (case dkt. 89) is approved subject to the clarification that Romspen's lien for postpetition financing will not prime the County's lien for ad valorem real property taxes and is approved only on an interim basis. A final hearing
1:30 PM
will be held on November 23, 2020 at 10:00 a.m. Any opposition to final approval must be filed by 9:00 a.m. on November 23, 2020. The parties are to continue negotiating regarding the section 506(c) waiver as indicated by the Court at the hearing.
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro
Movant(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
fr. 1/5/21
Docket 150
Ruling for January 5, 2021
Continued to January 6, 2021 at 1:30 p.m.
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Movant(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
11:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:00 AM
RE: [3] Motion Regarding Chapter 11 First Day Motions - Notice of Emergency Motion and Emergency Motion of Debtor for Order Authorizing Debtor to Honor Certain Prepetition Obligations to Customers; Memorandum of Points and Authorities in Support
FR. 10-7-20, 10-8-20, 10-14-20, 11-3-20, 11-5-20, 11-13-20, 12-15-20, 12-30-20
Docket 3
Ruling for December 15, 2020: Continued to 12/30/20 at 9:00 a.m.
Final Ruling for November 13, 2020: Continued to 12/3/20 at 1:30 p.m.
Ruling for November 5, 2020: Continued to 11/13/20 at 10:00 a.m.
Ruling for October 14, 2020: Continued to 11/3/20 at 10:00 a.m.
Ruling for October 8, 2020: Interim relief granted. Continued to 10/14/20 at 12:00 p.m.
Ruling for October 7, 2020: Continued to 10/8/20 at 2:00 p.m. Debtor must file a statement no later than 11:30 a.m. on 10/8/20.
11:00 AM
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
11:00 AM
RE: [8] Motion Regarding Chapter 11 First Day Motions - Notice of Emergency Motion and Emergency Motion of Debtor for Order Authorizing Debtor to Pay and Honor Prepetition Wages, Salaries, and Other Compensation and Benefits; Memorandum of Points and Authorities in Support
FR. 10-7-20, 10-8-20, 10-14-20, 11-3-20, 11-5-20, 11-13-20, 12-15-20, 12-30-20
Docket 8
Ruling for December 15, 2020: Continued to 12/30/20 at 9:00 a.m.
Final Ruling for November 13, 2020: Continued to 12/3/20 at 1:30 p.m.
Ruling for November 5, 2020: Continued to 11/13/20 at 10:00 a.m.
Ruling for October 14, 2020: Continued to 11/3/20 at 10:00 a.m.
Ruling for October 8, 2020: Grant interim relief. Continued to 10/14/20 at 12:00 p.m.
Ruling for October 7, 2020: Continued to 10/8/20 at 2:00 p.m. Debtor must file a statement no later than 11:30 a.m. on 10/8/20.
11:00 AM
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
11:00 AM
RE: [213] Motion for Authority to Obtain Credit Under Section 364(b), Rule 4001(c) or (d) Notice Of Motion And Motion Of Debtor For Order Authorizing Postpetition DIP Financing Under §364(C)(1),(2) And (3); Memorandum Of Points And Authorities; And Proof of Service
FR. 12-20-20, 12-30-20
Docket 213
Ruling for December 30, 2020:
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
11:00 AM
RE: [220] Motion to Use Cash Collateral Notice Of Motion And Motion Of Debtor For Order (1) Authorizing Debtor To Use Cash Collateral; And (2) Granting Adequate Protection To Secured Creditors; Memorandum Of Points And Authorities In Support; And Proof Of Service
FR. 12-30-20
Docket 220
Ruling for December 30, 2020: Continued to 1/7/21 at 11:00 a.m. Opposition due no later than 1/5 at 6:00 pm. Reply due no later than 1/6 at 6:00 p.m.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
Adv#: 1:19-01048 Ismail v. Goldman et al
COUNTER CLAIM
Jasmin Ismail, Counter-Claimant, vs.
Nicole Goldman, an individual, Counter-Defendant
fr. 6/27/19 @1:30 p.m; 6/27/19, 9/12/19; 11/14/19,
12/12/19, 2/6/20; 5/14/20(stip), 9/24/20
Docket 1
Ruling for September 24, 2020: Continuted to 1/8/21 at 1:30 p.m. The scheduling order is as follows: the last day to join parties and amend pleadings is 1/29/21. Also, 1/29/21 is the last day for discovery to be completed. The last day for pre-trial motions to be filed is 2/19/21.
Ruling for February 6, 2020: Continued to 5/14/20 at 1:30 p.m. The parties are ordered to go to mediation and it must be completed by the end of April 2020.
Ruling for 9/12/19: Trustee is instructed to file a complaint within 30 days of the entry of a scheduling order. Status conference continued to 11/14/19 at 1:30 p.m. The motion for consolidation may be set at the same date and time. Trustee must lodge an order.
Ruling for June 27, 2019:
Continued to September 12, 2019 at 2:30 p.m. The deadline to respond to the counter- claims is tolled until the Court rules on the trustee's forthcoming motion.
1:30 PM
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Nicole Goldman Pro Se
Todd Harris Goldman Pro Se
Ostrich House, LLC Pro Se
Plaintiff(s):
Jasmin Ismail Represented By
Michael D Sobkowiak
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan
1:30 PM
Adv#: 1:19-01120 Seror v. Goldman et al
fr. 5/14/20 (stip); 9/24/20
Docket 1
Ruling for September 24, 2020: Continued to 1/8/21 at 1:30 p.m. The scheduling order is as follows: the last day to join parties and amend pleadings is 1/29/21. Also, 1/29/21 is the last day for discovery to be completed. The last day for pre-trial motions to be filed is 2/19/21.
Ruling for February 6, 2020: Continued to 5/14/20 at 1:30 p.m. The parties are ordered to go to mediation and it must be completed by the end of April 2020.
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Nicole Goldman Pro Se
Jasmin Ismail Pro Se
Ostrich House LLC, an Ohio limited Pro Se
Plaintiff(s):
David Seror Represented By
Jorge A Gaitan
1:30 PM
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan
1:30 PM
Adv#: 1:20-01113 Seror v. Ismail et al
avoidance of fraudulent transfers with actual intent
avoidance of constructive fraudulent transfers
recovery and preservation of avoided transfers
Order appv stip to cont hrg ent 12/22/20
Docket 1
- NONE LISTED -
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Hasan Ismail Pro Se
Nasim Ismail Pro Se
Plaintiff(s):
David Seror Represented By
Jessica Wellington
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan
1:30 PM
Adv#: 1:20-01085 GLOSTATION USA, INC., a Delaware corporation, and v. YONKERS
Declaratory relief
Disallowance of claim
Turnover of property of the estate fr. 12/10/20
Docket 1
- NONE LISTED -
Debtor(s):
Glostation USA, Inc. Represented By Steven Werth David S Kupetz Jason D Strabo Claire K Wu Asa S Hami
Defendant(s):
YONKERS ASSOCIATES, LLC, a Pro Se
Plaintiff(s):
GLOSTATION USA, INC., a Represented By David S Kupetz Asa S Hami Claire K Wu
2:30 PM
Adv#: 1:16-01091 Khachatryan v. Martirosian et al
fr. 11/20/20
Docket 185
Ruling for November 20, 2020:
Plaintiff shall prepare a draft order of exactly what Plaintiff is requesting and file and serve it by December 18, 2020. Objections to form of order to be filed by January 5, 2021. Hearing continued to January 7, 2021 at 2:30 p.m.
Debtor(s):
Shahen Martirosian Represented By Armine Singh Jilbert Tahmazian
Defendant(s):
Shahen Martirosian Pro Se
Virginia Martirosian Represented By Stuart R Simone
Anahit Harutyunyan Represented By Stuart R Simone
CPI Real Estate Group, Inc. Pro Se
4705 EXCELENTE INC. Represented By Jilbert Tahmazian
Nathan Jamal Dawood Represented By
Benjamin A Yrungaray
2:30 PM
CITY NATIONAL FINANCE Represented By
Benjamin A Yrungaray Jilbert Tahmazian
Plaintiff(s):
Vazgen Khachatryan Represented By Alana B Anaya
Trustee(s):
Amy L Goldman (TR) Represented By Jorge A Gaitan
2:30 PM
Adv#: 1:19-01089 Ohanessian v. Martirosian
Docket 1
- NONE LISTED -
Debtor(s):
Shahen Martirosian Represented By Armine Singh Jilbert Tahmazian
Defendant(s):
Shahen Martirosian Pro Se
Plaintiff(s):
Seda Ohanessian Represented By Ali R Nader
Trustee(s):
Amy L Goldman (TR) Represented By Jorge A Gaitan
2:30 PM
Adv#: 1:19-01089 Ohanessian v. Martirosian et al
avoidance and recovery of fraudulent conveyance
fr. 9/26/19, 12/12/19, 3/27/20, 5/28/20, 8/13/20, 8/21/20, 11/20/20
Docket 1
Ruling for November 20, 2020:
The Court will issue an OSC re dismissal for failure to prosecute. Continued to January 7, 2021 at 2:30 p.m.
Ruling for August 21, 2020:
Continued to November 20, 2020 @ 2:30 p.m. Plaintiff to move to dismiss the adversary.
Ruling for May 28, 2020
Continued to August 13, 2020 at 1:30 p.m.
Ruling for December 12, 2019
The Court will vacate the default entered against Virginia Martirosian. Continued to March 27, 2020 at 10:00 a.m.
Ruling for September 26, 2019
Plaintiff must supplement the record regarding service of the summons and complaint
2:30 PM
on Virginia Martirosian at the Philiprimm address and service of the summons and complaint on all defendants via email to Kenumi Maatafale.
Plaintiff's motion for default judgment is denied without prejudice. Status conference continued to December 12, 2019 at 1:30 p.m.
Debtor(s):
Shahen Martirosian Represented By Armine Singh Jilbert Tahmazian
Defendant(s):
Shahen Martirosian Pro Se
Anahit Harutyunyan Pro Se
Virginia Martirosian Pro Se
Plaintiff(s):
Seda Ohanessian Represented By Ali R Nader
Trustee(s):
Amy L Goldman (TR) Pro Se
10:00 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
10:00 AM
Docket 0
- NONE LISTED -
10:00 AM
Adv#: 1:19-01120 Seror v. Goldman et al
fr. 5/14/20 (stip); 9/24/20; 1/7/21
Docket 1
Ruling for September 24, 2020: Continued to 1/8/21 at 1:30 p.m. The scheduling order is as follows: the last day to join parties and amend pleadings is 1/29/21. Also, 1/29/21 is the last day for discovery to be completed. The last day for pre-trial motions to be filed is 2/19/21.
Ruling for February 6, 2020: Continued to 5/14/20 at 1:30 p.m. The parties are ordered to go to mediation and it must be completed by the end of April 2020.
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Nicole Goldman Pro Se
Jasmin Ismail Pro Se
Ostrich House LLC, an Ohio limited Pro Se
Plaintiff(s):
David Seror Represented By
Jorge A Gaitan
Trustee(s):
David Seror (TR) Represented By
10:00 AM
Richard Burstein Jorge A Gaitan
10:00 AM
Adv#: 1:19-01048 Ismail v. Goldman et al
COUNTER CLAIM
Jasmin Ismail, Counter-Claimant, vs.
Nicole Goldman, an individual, Counter-Defendant
fr. 6/27/19 @1:30 p.m; 6/27/19, 9/12/19; 11/14/19,
12/12/19, 2/6/20; 5/14/20(stip), 9/24/20; 1/7/21
Docket 1
Ruling for September 24, 2020: Continuted to 1/8/21 at 1:30 p.m. The scheduling order is as follows: the last day to join parties and amend pleadings is 1/29/21. Also, 1/29/21 is the last day for discovery to be completed. The last day for pre-trial motions to be filed is 2/19/21.
Ruling for February 6, 2020: Continued to 5/14/20 at 1:30 p.m. The parties are ordered to go to mediation and it must be completed by the end of April 2020.
Ruling for 9/12/19: Trustee is instructed to file a complaint within 30 days of the entry of a scheduling order. Status conference continued to 11/14/19 at 1:30 p.m. The motion for consolidation may be set at the same date and time. Trustee must lodge an order.
Ruling for June 27, 2019:
Continued to September 12, 2019 at 2:30 p.m. The deadline to respond to the counter- claims is tolled until the Court rules on the trustee's forthcoming motion.
10:00 AM
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Nicole Goldman Pro Se
Todd Harris Goldman Pro Se
Ostrich House, LLC Pro Se
Plaintiff(s):
Jasmin Ismail Represented By
Michael D Sobkowiak
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan
10:00 AM
fr. 1/5/21
Docket 41
- NONE LISTED -
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan Jessica L Bagdanov
10:00 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
10:00 AM
Docket 0
- NONE LISTED -
10:00 AM
fr. 1/5/21, 1/6/21
Docket 137
Ruling for January 11, 2021
The Motion is resolved pursuant to the parties' Stipulation, which is approved.
Ruling for January 6, 2021
Continued to January 11, 2021 at 10:00 a.m.
Ruling for January 5, 2021
Continued to January 6, 2021 at 1:30 p.m.
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
10:00 AM
fr. 1/5/21, 1/6/21
Docket 150
Ruling for January 11, 2021
The Application is resolved pursuant to the parties' Stipulation and the updated form of order at case docket 178 is approved, except that only the three identified agents of NAI are barred from represeting prospective buyers.
Ruling for January 6, 2021
Continued to January 11, 2021 at 10:00 a.m. The Court also shortens time on a forthcoming bidding procedures motion to be filed and served by the trustee no later than January 7, 2021 with service on non-NEF parties by overnight mail. The Court will hear that forthcoming motion on January 11, 2021 at 10:00 a.m. Opposition may be presented orally at the hearing. Any written opposition to the forthcoming motion must be filed by 9:00 a.m. on January 11, 2021.
Ruling for January 5, 2021
Continued to January 6, 2021 at 1:30 p.m.
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Movant(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian
10:00 AM
Trustee(s):
Ron Bender
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
10:00 AM
granting limited and conditional relief from the automatic stay to TPMC services, LLC; and
establishing bidding and auction procedures for the sale of
the real property owned by the Gateway Two, LLC bankruptcy estate
Docket 174
Ruling for January 11, 2021
Granted. The sale hearing will be on February 12, 2021 at 10:00 a.m.
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
RE: [61] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Underwraps Costumes, Inc. v. Citco Enterprises Inc.; Gina Ho; Caesar Ho; 20STCV04156 ; Points and Authorities; Declarations of Payman Shaffa in Support Thereof, with Proof of Service.
Docket 61
- NONE LISTED -
Debtor(s):
Citco Enterprises, Inc. Represented By Michael Jay Berger
Movant(s):
Underwraps Costumes, Inc. Represented By
M. Jonathan Hayes
Trustee(s):
Andrew W. Levin (TR) Pro Se
10:00 AM
RE: [210] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: All inventory of the Debtor, comprised of finished goods, work in progress, raw materials, packaging, etc. located at 45 Industrial Way, Buellton, California 93427. .
Docket 210
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Jeffrey D Sternklar Juliet Y Oh
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
RE: [37] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Ford Explorer; VIN# 1FM5K8GT3HGD90590 .
Docket 37
- NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Movant(s):
Cab West LLC Represented By
Randall P Mroczynski
Trustee(s):
Susan K Seflin (TR) Pro Se
10:00 AM
Docket 17
Tentative Ruling for January 13, 2021: Movant acknowledges that Christopher Lee Carter is the co-owner of the property. The Court does not see any evidence that Mr. Carter has been served with the Motion and the Notice of Hearing. Therefore, the hearing is continued to February 10, 2021 at 10:00 a.m. for proper service on Mr.
Carter. Appearances are waived.
Debtor(s):
Russell Emmanuel Salazar Pro Se
Joint Debtor(s):
Nicole Renee Salazar Pro Se
Movant(s):
Santander Consumer USA Inc. Represented By Sheryl K Ith
Trustee(s):
Jerry Namba (TR) Pro Se
10:00 AM
Docket 8
Tentative Ruling for January 13, 2021: Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than January 20, 2021.
Debtor(s):
Aaron M Sorrentino Represented By Richard E Rossi
Movant(s):
Golden 1 Credit Union Represented By Rebecca M Wicks
Trustee(s):
Jeremy W. Faith (TR) Pro Se
10:00 AM
Docket 11
Tentative Ruling for January 13, 2021: Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than January 20, 2021.
Debtor(s):
Brady Robert Cerda Represented By
Paul Thomas Greco
Movant(s):
Golden 1 Credit Union Represented By Nicholas S Couchot
Trustee(s):
Jerry Namba (TR) Pro Se
10:00 AM
Docket 4
Tentative Ruling for January 13, 2021: The Motion is granted as to the relief requested in pars. 2 and 6. The Motion is denied as to all other requested relief. The moving party shall lodge a conforming order no later than January 20, 2021.
Appearances waived.
Debtor(s):
Legacy Construction and Represented By Matthew D. Resnik
Movant(s):
Westlake Village Industrial Park Represented By
Gary D Fidler
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 12
- NONE LISTED -
Debtor(s):
Elvira Bird Represented By
Randall V Sutter
Joint Debtor(s):
Steven Bird Represented By
Randall V Sutter
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 13
- NONE LISTED -
Debtor(s):
Luiz Fernando Rodriguez Barbosa Represented By
Randall V Sutter
Joint Debtor(s):
Melissa Marie Garcia Represented By Randall V Sutter
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
Debtor(s):
Jose De Jesus Arana Gayo Represented By Michael B Clayton
Joint Debtor(s):
Maria R Arana Represented By Michael B Clayton
Trustee(s):
Sandra McBeth (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
Debtor(s):
Rosa L. Aguiniga Represented By Brent D George
Trustee(s):
Sandra McBeth (TR) Pro Se
11:00 AM
Docket 8
- NONE LISTED -
Debtor(s):
Jessica Leah McDougald Represented By Daniel A Higson
Trustee(s):
Sandra McBeth (TR) Pro Se
11:00 AM
Docket 12
- NONE LISTED -
Debtor(s):
Joseph Quinonez Saipale Represented By William E. Winfield
Trustee(s):
Sandra McBeth (TR) Pro Se
11:00 AM
Docket 8
- NONE LISTED -
Debtor(s):
Sandra Gomez Gutierrez Represented By Todd J Mannis
Trustee(s):
Sandra McBeth (TR) Pro Se
11:00 AM
Docket 9
- NONE LISTED -
Debtor(s):
Diane Jensen Pro Se
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
Docket 11
- NONE LISTED -
Debtor(s):
Michael Joseph Towne Represented By Chris Gautschi
Joint Debtor(s):
Patricia Lou Towne Represented By Chris Gautschi
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 8
- NONE LISTED -
Debtor(s):
Elizabeth Bustoz-Martinez Represented By
R Grace Rodriguez
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 12
- NONE LISTED -
Debtor(s):
Rady Fulgencio Doria Represented By A Mina Tran
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 134
- NONE LISTED -
Debtor(s):
Mindy Chapman-Shapiro Represented By
Michael D Kwasigroch
Movant(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
Order to Show Cause Why Debtor Should Not be Held in Civil Contempt for Failure to Comply with Court Orders Compelling the Production of Documents and Turnover of Funds and Sanctioned for Such Failures
FR. 10-21-20, 12-3-20
Docket 126
Ruling for October 21, 2020: Continued to 12/16/20 at 11:30 a.m. No later than 12/2/20, the Trustee should file a statement as to whether or not there has been further compliance. The Trustee's statement should also explain whether additional sanctions are necessary. No later than 12/9/20, the Debtor should file and serve a response. The Debtor should appear by video and audio, along with his counsel. Contempt order shall be held for 48 hours.
The Court finds Debtor in civil contempt for failure to timely comply with the turnover order. Funds were subject to turnover and no adequate demonstration by the Debtor that Debtor is incapable of complying with the order. The Court will allow the Debtor one last opportunity to purge contempt within 14 days of the entry of the contempt order. .
Also, with respect to failure of turnover of the funds, the Trustee was forced to bring the motion for an order to show cause. Debtor is responsible for the trustee's fees and costs in bringing the motion.
Re the document request, the Court acknowledges there has been compliance with some of the requests. But the Court finds there has not been substantial compliance with the 2004 order. There has been an unjustified failure to timely respond. Debtor has 14 days to purge his contempt from the date of the entry of the contempt order.
Debtor(s):
Mahmood Jafroodi Represented By
11:30 AM
Trustee(s):
David Seror Jessica L Bagdanov Ryan Coy
Jerry Namba (TR) Represented By Chad V Haes
D Edward Hays Laila Masud
1:30 PM
Docket 159
- NONE LISTED -
Debtor(s):
Isaias Raquel Barcarse Represented By Arasto Farsad
Joint Debtor(s):
Clarita Bertis Barcarse Represented By Arasto Farsad
Movant(s):
Isaias Raquel Barcarse Represented By Arasto Farsad Arasto Farsad Arasto Farsad
Clarita Bertis Barcarse Represented By Arasto Farsad Arasto Farsad
1:30 PM
Chapter 11 Status Conference
FR. 11-20-19, 2-26-20, 5-20-20, 7-15-20, 10-7-20
Docket 1
Ruling for October 7, 2020:
Continued to January 13, 2021 @ 1:30 p.m. with a status report to be filed two weeks prior. Dtr to serve a notice of continued status conference with the zoom information no later than October 21, 2020.
Ruling for July 15, 2020
Continued to October 7, 2020 at 1:30 p.m. Debtor must file and serve an updated status report two weeks prior to the continued status conference.
Final Ruling for 5/20/20: Continued to 7/15/20 at 1:30 p.m. Debtor must file an updated status report no later than 7/1/20. Appearances are waived.
Ruling for 2/26/20: Continued to 5/20/20 at 1:30 p.m. Debtor to file a notice of continued status conference/status report two weeks prior to the hearing.
Ruling for November 20, 2019:
Continued to February 20, 2020 at 1:30 p.m.
The bar date is January 31, 2020. Debtor to file and serve the bar date notice by November 27, 2019.
Debtor(s):
Craig Alan Lieberman Represented By Reed H Olmstead
1:30 PM
Docket 81
- NONE LISTED -
Debtor(s):
Craig Alan Lieberman Represented By Reed H Olmstead
Movant(s):
Craig Alan Lieberman Represented By Reed H Olmstead Reed H Olmstead Reed H Olmstead
1:30 PM
305(a) of the bankruptcy code
fr. 10/27/20, 11/4/20, Advanced from 12/16/20, 12/4/20
Docket 139
Ruling for December 4, 2020:
Continued to January 13, 2021 at 1:30. New evidence to be filed by January 6, 2021.
Ruling for November 4, 2020: Continued to 12/16/20 at 1:30 p.m. Debtor to file its additional evidence no later than 12/9/20. Debtor must also file and serve notice of continuance no later than 11/12/20. The notice must include the Zoom information.
Ruling for 10/27/20: Continued to 11/4/20 at 1:30 p.m.
Debtor(s):
Motiv8 Investments, LLC Represented By Lionel E Giron Joanne P Sanchez
Movant(s):
Motiv8 Investments, LLC Represented By Lionel E Giron Joanne P Sanchez
1:30 PM
RE: [65] Chapter 11 Subchapter V Plan of Reorganization
Docket 65
Ruling for October 7, 2020:
The Court sets a bar date of November 23, 2020, with notice of the bar date to be filed and served on all creditors by October 14, 2020. The deadline for the Debtor to file its disclosure statement is extended to December 16, 2020. The status conference is continued to January 13, 2020 at 1:30 p.m. The Debtor shall serve written notice, including the specific zoom connection information, on all creditor with the bar date notice.
Debtor(s):
Citco Enterprises, Inc. Represented By Michael Jay Berger
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
RE: [61] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Underwraps Costumes, Inc. v. Citco Enterprises Inc.; Gina Ho; Caesar Ho; 20STCV04156 ; Points and Authorities; Declarations of Payman Shaffa in Support Thereof, with Proof of Service.
Docket 61
- NONE LISTED -
Debtor(s):
Citco Enterprises, Inc. Represented By Michael Jay Berger
Movant(s):
Underwraps Costumes, Inc. Represented By
M. Jonathan Hayes
Trustee(s):
Andrew W. Levin (TR) Pro Se
2:30 PM
Adv#: 9:19-01049 Klosinski v. United States Department of Education
status conference re: complaint for denial of discharge pursuant to 11 U.S.C. sec 727(a)(2), (a)(3), (a)(4), (a)(7) and (c)
fr. 11-6-19, 1-15-20, 3-25-20, 7-1-20, 10-7-20
Docket 1
Ruling for October 7, 2020: Continued to 1/13/21 at 2:30 p.m. Updated status report is not required.
Ruling for July 1 2020: Continued to 10/7/20 at 2:30 p.m. Updated status report is not required. However, the parties should meet and confer and discuss proposed litigation dates if the matter does not settle.
Ruling for 3/25/20: Continued to 7/1/20 at 2:30 p.m. No new status report is needed.
March 25, 2020
Telephonic Hearing Only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT
(866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for 11/6/19: Continued to January 15, 2020 at 2:30 p.m. Parties may appear by phone. Notice is waived. By January 8, 2020, the parties should provide the Court with an update.
2:30 PM
Debtor(s):
Christopher Richard Klosinski Represented By David Jacob
Defendant(s):
United States Department of Represented By Elan S Levey
Joint Debtor(s):
Judy Lynn Klosinski Represented By David Jacob
Plaintiff(s):
Christopher Richard Klosinski Represented By Christine A Kingston
Trustee(s):
Jerry Namba (TR) Pro Se
2:30 PM
Adv#: 9:19-01080 Quintero v. Staudenbaur et al
Docket 33
- NONE LISTED -
Debtor(s):
Eric C Staudenbaur Represented By Daniel King John D Faucher
Defendant(s):
Maria L Staudenbaur Represented By John D Faucher
Eric C Staudenbaur Represented By John D Faucher
Joint Debtor(s):
Maria L Staudenbaur Represented By Daniel King John D Faucher
Movant(s):
Maria L Staudenbaur Represented By John D Faucher
Eric C Staudenbaur Represented By John D Faucher
Plaintiff(s):
Angela Quintero Represented By
2:30 PM
Trustee(s):
Shawn S White
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:19-01080 Quintero v. Staudenbaur et al
RE: [25] Adversary case 9:19-ap-01080. AMENDED Complaint by Quintero Angela against Maria L Staudenbaur, Eric C Staudenbaur.
FR. 8-26-20
Docket 25
Ruling for August 26, 2020: Continued to 1/13/21 at 2:30 p.m. Updated status report to be filed no later than 1/4/21.
Plaintiff should prepare and lodge a scheduling order with the following dates: 11/6/20 last day to join other parties and amend pleadings and the last day for discovery to be completed;
11/25/20 as the last day for any case dispositive motions to be filed; and 1/13/21 as the last day for case dispositive motions to be heard.
Tentative Ruling for March 11, 2020
Appearance by telephone is authorized for all parties.
Debtor(s):
Eric C Staudenbaur Represented By Daniel King John D Faucher
Defendant(s):
Maria L Staudenbaur Represented By John D Faucher
2:30 PM
Eric C Staudenbaur Represented By John D Faucher
Joint Debtor(s):
Maria L Staudenbaur Represented By Daniel King John D Faucher
Plaintiff(s):
Angela Quintero Represented By Shawn S White
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
RE: [37] Motion to Avoid Lien JUDICIAL LIEN with Lilia Serobian Advanced from 12-16-20
FR. 12-3-20
Docket 37
Ruling for December 3, 2020: Continued to 1/13/21 at 2:30 p.m. The initial status conference in the adversary proceeding is also continued to 1/13/21 at 2:30 p.m.
Debtor(s):
Ragsdale F Panopio Represented By Matthew D. Resnik John K Rounds
Movant(s):
Ragsdale F Panopio Represented By Matthew D. Resnik Matthew D. Resnik Matthew D. Resnik John K Rounds John K Rounds John K Rounds
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:20-01046 Serobian v. Panopio
RE: [1] Adversary case 9:20-ap-01046. Complaint by Lilia Serobian against Ragsdale F Panopio. false pretenses, false representation, actual fraud)),(65 (Dischargeability - other)) (Khojayan, Vahe)
FR. 10-21-20, 12-4-20
Docket 1
Ruling for October 21, 2020: Continued to 12/16/20 at 2:30 p.m. Status report due by 12/2/20. Defendant's answer is due by 11/30/20.
Debtor(s):
Ragsdale F Panopio Represented By Matthew D. Resnik John K Rounds
Defendant(s):
Ragsdale F Panopio Represented By John K Rounds
Plaintiff(s):
Lilia Serobian Represented By Vahe Khojayan
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:20-01033 Castle Real Estate Investments LLC v. Hershman et al
RE: [1] Adversary case 9:20-ap-01033. Complaint by Castle Real Estate Investments LLC against Michael A. Hershman, Linda J. Hershman. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Webb, Larry)
FR. 7-15-20, 8-26-20
Docket 1
Ruling for August 26, 2020: Continued to 1/13/21 at 2:30 p.m.; Updated status report should be filed no later than 1/4/21. Plaintiff must lodge a scheduling order which includes the following dates:
Last day for discovery to be completed - 11/6/20;
Last day to join other parties and to amend pleadings - 11/6/20; Last day to file case dispositive motions - 11/25/20; and
Last day for hearings on the case dispositive motions - 1/13/21.
Debtor(s):
Michael A. Hershman Represented By Brent D George
Defendant(s):
Michael A. Hershman Pro Se
Linda J. Hershman Pro Se
Joint Debtor(s):
Linda J. Hershman Represented By Brent D George
2:30 PM
Plaintiff(s):
Castle Real Estate Investments LLC Represented By
Larry D Webb
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:20-01055 Carrera v. Bradley
Docket 1
- NONE LISTED -
Debtor(s):
Whittaker Bradley Represented By Bryan Diaz
Defendant(s):
Whittaker Bradley Pro Se
Plaintiff(s):
Santana Carrera Represented By Benjamin Tryk
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
3:30 PM
RE: [208] Motion to Convert Case From Chapter 11 to 7. Notice Of Motion And Motion To Convert Debtor's Chapter 11 Case To Chapter 7; Memorandum Of Points And Authorities LLC (Oh, Juliet)
FR. 12-30-20
Docket 208
Ruling for December 30, 2020: Continued to 1/13/21 at 3:30 p.m.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Jeffrey D Sternklar Juliet Y Oh
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
3:30 PM
RE: [210] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: All inventory of the Debtor, comprised of finished goods, work in progress, raw materials, packaging, etc. located at 45 Industrial Way, Buellton, California 93427.
Docket 210
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Jeffrey D Sternklar Juliet Y Oh
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
#1.00 CONT'D Hearing
RE: [44] Motion to Surrender and Dismiss with proof of service FR. 11-5-20
Docket 44
Ruling for November 5, 2020
Continued to 1/14/21 @ 10:00 a.m.
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Movant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GLR, LLC, a Delaware limited Represented By William C Beall
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
10:00 AM
Zev Shechtman Eric P Israel George E Schulman
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
#2.00 CONT'D Hearing
RE: [45] Motion to Surrender and Dismiss with proof of service FR. 11-5-20
Docket 45
Ruling for November 5, 2020
Continued to 1/14/21 @ 10:00 a.m.
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Movant(s):
GRL, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
10:00 AM
Zev Shechtman Eric P Israel George E Schulman
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
RE: [1] Adversary case 9:20-ap-01006. Complaint by Michael A. McConnell, Chapter 11 Trustee against GLR, LLC, a Delaware limited liability company, GRL, LLC, a Delaware limited liability company. (Charge To Estate). Chapter 11 Trustee's Complaint: (1) To Avoid and Recover Preferential Transfers; (2) To Avoid and Recover Fraudulent Transfers; and (3) For Turnover and Accounting Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)) (Shechtman, Zev)
FR. 3-12-20, 4-17-20, 7-15-20, 9-29-20, 12-15-20 (Advanced), 12-2-20
Docket 1
Ruling for 7/15/20: Continued to 9/29/20 at 10:30 a.m.
Ruling for April 17, 2020
Continued to July 15, 2020 at 2:30 p.m. A brief updated status report shall be filed by July 1, 2020.
The discovery cutoff and deadline to join parties and amend pleadings is October 30, 2020.
The deadline to file case-dispositive pre-trial motions is December 4, 2020. The Court will set a deadline for such motions to be heard.
April 17, 2020
The Court previously designated the April 17, 2020 hearings in the above-referenced case and adversary proceedings as telephonic hearings. Parties that intend to participate must arrange for a telephonic appearance with CourtCall at (888) 882-6878 or (866) 582-6878. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and
10:00 AM
FREE access for parties who do not have an attorney (pro se parties).
In addition, the Court is now pleased to offer parties the opportunity to appear on April 17, 2020 by video conference. Interested parties may participate in the hearing using the following URL:
The Court's video conference connection is facilitated using Skype for Business. However, it is not necessary to have a Skype for Business account. Simply open your web browser and type in the URL noted above. You will be prompted to download the Skype for Business web browser plug-in and directed to join the video conference.
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman Eric P Israel George E Schulman
10:00 AM
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
10:00 AM
Docket 0
- NONE LISTED -
10:00 AM
fr. 11/10/20, 11/12/20
Docket 279
Continued to January 15, 2021 @ 10:00 a.m. Simultaneous supplemental briefs addressing the issues identified by the Court to be filed by December 4, 2020 with simultaneous supplemental reply briefs to be filed by December 18, 2020.
Continued to 10:00 a.m. on November 12, 2020.
Debtor(s):
Irina Raskin Represented By
Stella A Havkin
Trustee(s):
David Seror (TR) Represented By Nancy H Zamora
10:00 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
10:00 AM
Docket 0
- NONE LISTED -
10:00 AM
WILMINGTON TRUST, NATIONAL ASSOCIATION
fr. 11/10/20, 12/9/20
STIP FILED 12/17/20
Docket 101
Ruling for December 9, 2020: Continued to 1/19/21 at 10:00 a.m.
Debtor(s):
Sergio Anthony Castaneda Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Joint Debtor(s):
Irene Alvarez-Castaneda Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
Wilmington Trust, National Represented By Darlene C Vigil
10:00 AM
VELOCITY COMMERCIAL CAPITAL, LLC
fr. 1/5/21;
Docket 63
- NONE LISTED -
Debtor(s):
Javier Caceres Represented By Onyinye N Anyama
11:00 AM
Docket 134
Final Ruling for January 19, 2021
Approve requested fees and expenses, and authorize proposed payments. No objections filed. Appearances waived.
Debtor(s):
Kathie E Suissa Represented By Mark J Markus
Gregory M Salvato
Joint Debtor(s):
Elvis D Suissa Represented By Mark J Markus Stella A Havkin
Trustee(s):
Diane C Weil (TR) Represented By David Seror Reagan E Boyce
Jessica L Bagdanov
11:00 AM
Civic Financial Services, LLC
Docket 120
- NONE LISTED -
Debtor(s):
Patrick Kok Wah Wong Represented By Michael Jones
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
fr. 12/9/20
Docket 103
Final Ruling for January 19, 2021: The Debtor has complied with the Court's
instruction regarding notice. However, the Debtor has not yet filed a declaration in support of the disclosure statement. Therefore, this matter is continued to 2/3/21 at 1:30 p.m. The Debtor must file and serve a declaration in support of disclosure statement no later than 1/22/21. Appearances are waived for this hearing.
Ruling for December 9, 2020: Continued to 1/19/21 at 1:30 p.m. Serve amended notice on all creditors, including Wells Fargo, at the proof of claim address.
Debtor(s):
Nilsa Quintana Represented By Lionel E Giron
Crystle Jane Lindsey Joanne P Sanchez
1:30 PM
fr. 6/11/19; 9/11/19, 10/23/19, 12/11/19, 1/22/20, 3/17/20, 5/13/20, 6/8/20, 9/2/20, 9/14/20. 11/10/20, 12/9/20
Docket 1
Ruling for December 9, 2020: Continued to 1/19/21 at 1:30 p.m.
Final Ruling for November 10, 2020: Continued to 12/9/20 at 1:30 to trail the hearing on the disclosure statement. Debtor should file and serve a notice of continued hearing no later than 11/17/20. No updated status report is required.
Ruling for 9/14/20: Continued to 11/10/20 at 1:30 p.m. Debtor should file and serve a notice of continued hearing. No updated status report is required for the continued status conference.
Ruling for June 8, 2020: Deadline to file plan and disclosure statement is 7/31/20. Continued to 9/2/20 at 1:30 p.m. This date may also be used for disclosure statement hearing if there's at least 42 days notice of the hearing.
Ruling for May 13, 2020:
Continued to June 8, 2020 at 1:30
May 13, 2020
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic
1:30 PM
provider, has amended pricing for its services and is offering discounted rates to attorneys through June 30, 2020 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
Final Ruling for March 17, 2020: The chapter 11 status conference is continued to 5/13/20 at 1:30 p.m. Also, the evidentiary hearing which is currently scheduled for 3/31/20 at 10:00 a.m. is continued as a status conference to 5/13/20 at 1:30 p.m.
Appearances for the 3/17/20 status conference are waived.
Ruling for January 22, 2020: Continued to 3/17/20 at 1:30 p.m. No new status report is required. However, the parties may file a status report to update the Court.
Ruling for 12/11/19: Cont. to 1/22/20 at 1:30 p.m. Court will do the order continuing the matter. All parties must be present at the continued hearing.
Ruling for 10/23/19:
Continued to December 11, 2019 at 1:30 p.m.
Ruling for 9/11/19: Cont. to 10/23/19 at 1:30 p.m. No new status report needed. Debtor must file and serve notice of continued status conference.
Ruling for June 11, 2019:
The chapter 11 status conference is continued to September 11, 2019 at 1:30 pm. Appearances on June 11, 2019 are excused.
The debtor shall promptly lodge an order: (i) establishing August 23, 2019 as the general bar date in this case, (ii) directing the debtor to serve notice of the bar date on the required local form no later than June 21, 2019; and (iii) establishing September 27, 2019 as the deadline to file a chapter 11 plan and disclosure statement.
The debtor also shall file and serve on all creditors a notice of continued chapter 11
1:30 PM
status conference.
Debtor(s):
Nilsa Quintana Represented By Lionel E Giron
1:30 PM
Docket 315
Final Ruling for January 19, 2021: Approve fees and costs as requested. The Applicant shall lodge a conforming order no later than January 26, 2021.
Appearances waived.
Debtor(s):
Glostation USA, Inc. Represented By Steven Werth David S Kupetz Jason D Strabo Claire K Wu Asa S Hami
1:30 PM
Docket 322
- NONE LISTED -
Debtor(s):
Glostation USA, Inc. Represented By Steven Werth David S Kupetz Jason D Strabo Claire K Wu Asa S Hami
1:30 PM
Docket 314
- NONE LISTED -
Debtor(s):
Glostation USA, Inc. Represented By Steven Werth David S Kupetz Jason D Strabo Claire K Wu Asa S Hami
1:30 PM
fr. 6/25/19; 9/25/19, 12/11/19, 3/17/20, 5/26/20, 8/12/20; 8/17/20, 9/14/20. 11/10/20
Docket 1
Ruling for 9/14/20: Continued to 11/10/20 at 1:30 p.m. Debtor should file and serve notice of continuance. No updated status report needed.
Ruling for May 26, 2020: Continued to 8/12/20 at1:30 p.m. Debtor to file and serve notice of continued status conference. No new status report needed.
Ruling for March 17, 2020
Appearances waived. Continued to May 26, 2020 at 1:30 p.m.
Tentative Ruling for September 25, 2019: Continued to December 11, 2019 at 1:30
p.m. Debtor shall file an updated status report two weeks prior to the continued status conference. Appearances waived.
Ruling for 6/25/19: Bar date is 8/30/19. Debtor to lodge bar date order which requires the bar date notice to be in the mail by 7/2/19. Deadline for plan and disclosure statement filing is 1/31/20. Continued to 9/25/19 at 1:30 p.m. Debtor must file an updated status report by 9/11/19.
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
1:30 PM
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Brian Anthony Veskosky Represented By Michael R Totaro
Trustee(s):
Susan K Seflin (TR) Pro Se
1:30 PM
and expenses for the period of 5/21/20 to 9/25/20 feesL: $7,933.50, expenses: $60.15.
Docket 124
Final Ruling for January 19, 2021
Approve requested fees and expenses. No objections filed. Appearances waived.
Debtor(s):
Helen Galope Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
fr. 3/17/20, 4/28/20, 6/30/20; 7/13/20, 8/12/20, 8/17/20
Docket 58
Ruling for August 17, 2020
Confirmed. The confirmation order either needs to recite the terms of the Deutsche Bank stipulation or incorporate them by reference and also must include the language in LBR 3020-1(b) re: a post-confirmation conversion. The confirmation order also shall order the reorganized Debtor to serve a notice of Effective Date on all parties entitled to receive a distribution within 30 days of the Effective Date. January 19, 2021 at 1:30 p.m. will be the post-confirmation status conference.
Debtor(s):
Helen Galope Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
10:00 AM
RE: [29] Notice of Motion and Motion in Individual Case for Order Confirming Termination of Stay under 11 U.S.C. 362(j) or That No Stay is in Effect under 11
U.S.C. 362(c)(4)(A)(ii) .
Docket 29
Debtor(s):
Whittaker Bradley Represented By Bryan Diaz
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
11:30 AM
RE: [44] Motion For Sale of Property of the Estate under Section 363(b) - No Fee with proof of service (Beall, William)
Advanced from 12-16-20
FR. 12-3-20, 12-4-20
Docket 44
Debtor(s):
Deepa Biswas Willingham Represented By Reed H Olmstead
Movant(s):
Jerry Namba (TR) Represented By William C Beall Carissa N Horowitz
Trustee(s):
Jerry Namba (TR) Represented By William C Beall Carissa N Horowitz
1:30 PM
Chapter 11 Status Conference
FR. 12-18-19, 3-25-20, 4-29-20, 7-1-20, 8-26-20, 11-18-20
Docket 1
Debtor(s):
Steven Corl Decker Pro Se
1:30 PM
Docket 132
Debtor(s):
Nava Enterprise, Inc Represented By William E. Winfield Donald T Dunning
Trustee(s):
Wesley H Avery (TR) Represented By Tamar Terzian
1:30 PM
RE: [16] Emergency motion Debtor Citco Enterprises, Inc.'s Emergency Motion for Order Authorizing Use of Cash Collateral; Memorandum of Points and Authorities; Declaration of Caesar Ho in Support Thereof
FR. 9-4-20, 9-30-20
Docket 16
Debtor(s):
Citco Enterprises, Inc. Represented By Michael Jay Berger
Movant(s):
Citco Enterprises, Inc. Represented By Michael Jay Berger Michael Jay Berger Michael Jay Berger
Trustee(s):
Andrew W. Levin (TR) Pro Se
2:30 PM
Adv#: 9:20-01016 Faith v. Elias et al
RE: [1] Adversary case 9:20-ap-01016. Complaint by Jeremy W. Faith against David Medina Elias, Corona Elias. (Charge To Estate). (Attachments: # 1 Adversary Coversheet) Nature of Suit: (91 (Declaratory judgment)),(11 (Recovery of money/property - 542 turnover of property)) (Pagay, Carmela)
FR. 4-15-20, 6-17-20, 8-26-20, 10-21-20, 12-4-20
Docket 1
Debtor(s):
Corona Elias Represented By
Vaughn C Taus
Defendant(s):
David Medina Elias Pro Se
Corona Elias Represented By
Vaughn C Taus
Plaintiff(s):
Jeremy W. Faith Represented By Carmela Pagay
Trustee(s):
Jeremy W. Faith (TR) Represented By Carmela Pagay
2:30 PM
Adv#: 9:18-01046 Diversified Engineering of Westlake, Inc v. Payton et al
RE: [39] Motion For Summary Judgment
Docket 39
Debtor(s):
Bridgette Allison Payton Represented By Patrick T Green
Defendant(s):
Bridgette Payton Represented By Patrick T Green
Roy Mendoza Represented By Patrick T Green
Joint Debtor(s):
Roy Esteban Mendoza Represented By Patrick T Green
Plaintiff(s):
Diversified Engineering of Westlake, Represented By
Larry D Webb
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:18-01046 Diversified Engineering of Westlake, Inc v. Payton et al
fraud as fiduciary, embezzlement, larceny (4)dischargeability - 523(a)(6)
willful and malicious injury
Objection / revocation of discharge - 727(c),(d),(e)))
FR. 11/28/18, 2/25/19, 5/22/19, 9/12/19, 12/12/19, 4/15/20, 7/1/20, 9/16/20
Docket 1
Debtor(s):
Bridgette Allison Payton Represented By Patrick T Green
Defendant(s):
Bridgette Payton Represented By Patrick T Green
Roy Mendoza Represented By Patrick T Green
Joint Debtor(s):
Roy Esteban Mendoza Represented By Patrick T Green
Plaintiff(s):
Diversified Engineering of Westlake, Represented By
Larry D Webb
2:30 PM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:18-01046 Diversified Engineering of Westlake, Inc v. Payton et al
RE: [53] Motion DEFENDANTS BRIDGETTE PAYTON AND ROY MENDOZA'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CAUSE OF ACTION
Docket 53
Debtor(s):
Bridgette Allison Payton Represented By Patrick T Green
Defendant(s):
Bridgette Payton Represented By Patrick T Green
Roy Mendoza Represented By Patrick T Green
Joint Debtor(s):
Roy Esteban Mendoza Represented By Patrick T Green
Plaintiff(s):
Diversified Engineering of Westlake, Represented By
Larry D Webb
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:19-01051 Griswold v. Offshore Marina, Inc.
RE: [1] Adversary case 9:19-ap-01051. Complaint by Greg Griswold against Offshore Marina, Inc. . (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))
FR. 12-4-19, 3-25-20, 7-15-20, 9-30-20, 12-4-20
Docket 1
Debtor(s):
Greg Griswold Pro Se
Defendant(s):
Offshore Marina, Inc. Pro Se
Plaintiff(s):
Greg Griswold Pro Se
Trustee(s):
Jerry Namba (TR) Represented By Meghann A Triplett
2:30 PM
Adv#: 9:20-01017 McBeth v. Chapman-Shapiro
RE: [25] Motion Notice of Motion and Motion for Sanctions for Failure to Serve Discovery Responses; Dec. of Felicita A. Torres (Torres, Felicita)
FR. 10-21-20, 12-4-20
Docket 25
Debtor(s):
Mindy Chapman-Shapiro Represented By
Michael D Kwasigroch
Defendant(s):
Mindy Chapman-Shapiro Represented By
Michael D Kwasigroch
Movant(s):
Sandra K. McBeth Represented By Felicita A Torres
Plaintiff(s):
Sandra K. McBeth Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
2:30 PM
Adv#: 9:20-01017 McBeth v. Chapman-Shapiro
Declaratory relief regarding the bindingness of confirmed ch 11 plan;
Injunctive or other equitable relief FR. 4-15-20, 7-1-20, 12-4-20
Docket 1
Debtor(s):
Mindy Chapman-Shapiro Represented By
Michael D Kwasigroch
Defendant(s):
Mindy Chapman-Shapiro Represented By
Michael D Kwasigroch
Plaintiff(s):
Sandra K. McBeth Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
2:30 PM
Adv#: 9:19-01054 Silverlake Park, LLC et al v. Rasbe, Inc et al
RE: [1] Adversary case 9:19-ap-01054. Notice of Removal by Silverlake Park, LLC, Jerry Namba. (Attachments: # 1 Adversary Coversheet # 2 Notice of Status Conference # 3 Proof of Service) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)) (Pagay, Carmela)
FR. 12-4-19, 1-29-20, 2-10-20, 3-25-20, 5-20-20, 7-15-20, 9-30-20, 12-4-20
Docket 1
Debtor(s):
Rasbe, Inc Represented By
Khachik Akhkashian
Defendant(s):
Rasbe, Inc Pro Se
Sherr, LLC Pro Se
Komie, Inc. Pro Se
Emmet, Inc. Pro Se
Benel, Inc. Pro Se
Kayam, Inc. Represented By
Matthew Abbasi
Rone Oren Pro Se
Cucamonga Inc. Pro Se
Laura Ballegeer Represented By Matthew Abbasi
2:30 PM
DOES 1-29 inclusive Pro Se
Plaintiff(s):
Silverlake Park, LLC Pro Se
Jerry Namba Represented By
Carmela Pagay Richard P Steelman Jr
Trustee(s):
Jerry Namba (TR) Represented By Timothy J Yoo Carmela Pagay
2:30 PM
Adv#: 9:19-01077 Valencia v. Sierra
RE: [1] Adversary case 9:19-ap-01077. Complaint by Gustavo Valencia against Sara Sierra. willful and malicious injury)),(64 (Dischargeability - 523(a)(15), divorce/sep property settlement/decree)) (Grant, Karen)
FR. 1-29-20, 4-29-20, 8-5-20, 11-4-20, 12-4-20
Docket 1
Debtor(s):
Sara Sierra Represented By
Kenneth H J Henjum
Defendant(s):
Sara Sierra Represented By
Creighton A Stephens
Plaintiff(s):
Gustavo Valencia Represented By Karen L Grant
Trustee(s):
Jerry Namba (TR) Pro Se
2:30 PM
Adv#: 9:20-01025 Verdi v. Beckstrand
RE: [1] Adversary case 9:20-ap-01025. Complaint by Cameron N Verdi against Dwight G Beckstrand . false pretenses, false representation, actual fraud)) ,(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury))
FR. 5-7-20, 8-26-20, 11-4-20
Docket 1
Debtor(s):
Dwight G Beckstrand Represented By Sandra McBeth
Defendant(s):
Dwight G Beckstrand Pro Se
Plaintiff(s):
Cameron N Verdi Pro Se
Trustee(s):
Jerry Namba (TR) Pro Se
2:30 PM
Adv#: 9:20-01024 Ramirez et al v. Jafroodi
RE: [1] Adversary case 9:20-ap-01024. Complaint by Carolina Ramirez, Luis Angel Colunga Gocabar, Nelly Gonzales, Margarita Hernandez, Rigoberto Saavedra, Liney Silva against Mahmood Jafroodi. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(65 (Dischargeability - other)) (Guevara Zamora, Cecilia)
FR. 4-29-20, 7-15-20, 9-16-20
Docket 1
Debtor(s):
Mahmood Jafroodi Represented By William E. Winfield
Defendant(s):
Mahmood Jafroodi Pro Se
Plaintiff(s):
Carolina Ramirez Represented By
Cecilia Guevara Zamora Ezra Kautz
Luis Angel Colunga Gocabar Represented By
Cecilia Guevara Zamora Ezra Kautz
Nelly Gonzales Represented By
Cecilia Guevara Zamora Ezra Kautz
2:30 PM
Margarita Hernandez Represented By
Cecilia Guevara Zamora Ezra Kautz
Rigoberto Saavedra Represented By
Cecilia Guevara Zamora Ezra Kautz
Liney Silva Represented By
Cecilia Guevara Zamora Ezra Kautz
Trustee(s):
Jerry Namba (TR) Represented By Chad V Haes
D Edward Hays Laila Masud
2:30 PM
Adv#: 9:20-01052 McBeth v. Sosa
RE: [1] Adversary case 9:20-ap-01052. Complaint by Sandra K. McBeth against Edgar Sosa. ($350.00 Fee Charge To Estate). Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Torres, Felicita)
FR. 11-18-20
Docket 1
Debtor(s):
Aldo Sosa Represented By
Bernal P Ojeda
Defendant(s):
Edgar Sosa Pro Se
Plaintiff(s):
Sandra K. McBeth Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Felicita A Torres
1:30 PM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
1:30 PM
Docket 0
- NONE LISTED -
1:30 PM
Adv#: 1:20-01003 GOTTLIEB v. Campbell
recovery of money / property - § 548.fraudulent transfer
recovery of money / property - other
fr. 3/19/20, 6/25/20, 6/26/20, 8/13/20, 8/21/20, 10/29/20
Docket 3
Ruling for October 29, 2020:
Continued to January 21, 2021 at 1:30 p.m.
Ruling for August 21, 2020:
Continued to October 29, 2020 at 1:30 p.m.
Ruling for 6/26/20: Continued to 8/13/20 at 2:30 p.m. No new status report required.
Ruling for 3/19/20: Continued to 6/25/20 at 1:30 p.m. Trustee shall file a motion for default judgment before that date. Trustee should set the motion for default judgment for 6/25/20 at 1:30 p.m. If this is done, then no updated status report is needed.
March 19, 2020
Telephonic Hearing Only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT
(866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
1:30 PM
Debtor(s):
Penthouse Global Media, Inc. Represented By Michael H Weiss
Defendant(s):
Robert Campbell Pro Se
Plaintiff(s):
DAVID K GOTTLIEB Represented By Bradley E Brook
Trustee(s):
David Keith Gottlieb (TR) Represented By
Linda F Cantor ESQ Jeffrey L Kandel Iain A W Nasatir Bradley E Brook
1:30 PM
Adv#: 1:20-01004 GOTTLIEB v. Holland et al
recovery of money/property - 548 fraudulent transfer other actions that would have been brought in state court if unrelated to bankruptcy
fr. 3/19/20, 6/25/20, 6/26/20, 8/13/20, 8/21/20, 10/29/20
Docket 1
Ruling for October 29, 2020:
Continued to January 21, 2021 at 1:30 p.m.
Ruling for August 21, 2020:
Continued to October 29, 2020 at 1:30 p.m.
Ruling for 6/26/20: Continued to 8/13/20 at 2:30 p.m. Trustee should file a notice of continued status conference.
Ruling for 3/19/20: Continued to 6/25/20 at 1:30 p.m. Updated joint status report must be filed by 6/11/20.
Debtor(s):
Penthouse Global Media, Inc. Represented By Michael H Weiss
1:30 PM
Defendant(s):
Kelly Holland Pro Se
Revideo, Inc. Pro Se
Plaintiff(s):
DAVID K GOTTLIEB Represented By Bradley E Brook
Trustee(s):
David Keith Gottlieb (TR) Represented By
Linda F Cantor ESQ Jeffrey L Kandel Iain A W Nasatir Bradley E Brook
1:30 PM
Adv#: 1:20-01073 Seror, Chapter 7 Trustee v. Wallace
objecting to entry of discharge pursuant to 11 U.S.C. §§ 727(a) and (c) and objection / revocation of discharge - 727(c),(d),(e)
fr. 9/24/20
Docket 1
Ruling for September 24, 2020: Continued to 1/22/21 at 1:30 p.m. Non-expert discovery cut-off is 5/31/21. Joint status report or stipulation regarding balance of litigation schedule must be filed by 1/8/21. Plaintiff's counsel should lodge a conforming order.
Debtor(s):
Joe Wallace Represented By
Alfred J Verdi
Defendant(s):
Joe Wallace Pro Se
Plaintiff(s):
David Seror, Chapter 7 Trustee Represented By Susan K Seflin
Trustee(s):
David Seror (TR) Represented By Jessica L Bagdanov David Seror
1:30 PM
Adv#: 1:19-01131 Diane C. Weil, Chapter 7 Trustee for the Bankruptc v. Maldonado
avoidance of fraudulent transfer;
recovery of avoided transfers;
declaratory relief; and
turnover of property [11 U.S.C. §§ 542, 548, and 550] fr. 1/9/20, 3/19/20, 5/28/20, 9/3/20; 9/15/20, 11/20/20
Docket 1
Ruling for September 15, 2020: Continued to 11/20/20 at 2:30 p.m.
1:30 PM
Ruling for May 28, 2020
Continued to September 3, 2020 at 1:30 p.m.
Final Ruling for March 19, 2020: Since the parties are seeking to schedule a mediation in this action, the status conference is continued to 5/28/20 at 1:30 p.m. Should the parties need additional time to mediate, please file and serve a stipulation to continue. Appearances are waived for the 3/19/20 status conference.
Ruling for 1/9/20: Continue to 3/19/20 at 1:30 p.m.
Debtor(s):
Maldonado Construction and Represented By Steven A Alpert
Defendant(s):
Carlos E. Maldonado Pro Se
Plaintiff(s):
Diane C. Weil, Chapter 7 Trustee for Represented By
Anthony A Friedman
Trustee(s):
Diane C Weil (TR) Represented By Anthony A Friedman
1:30 PM
Adv#: 1:19-01099 Novastar LLC, a Delaware limited liability company v. Akopyan
determination of non-dischargeability of debt based upon fraud under 11 U.S.C. section 523(a)(2)(A) of the bankruptcy code
fr. 10/24/19, 11/14/19, 1/23/20, 5/26/20, 8/13/20, 8/21/20
Docket 1
Ruling for August 21, 2020
Continued to January 22, 2021 at 1:30 p.m. If the adversary proceeding has not been dismissed, the parties are required to file a joint status report by January 8, 2020.
Defendant to file and serve notice.
Ruling on January 23, 2020: Continued to 5/28/20 at 1:30 p.m. Joint status report is due by 5/14/20.
Ruling on November 14, 2019
The December 12, 2019 status conference is continued to January 23, 2020 at 2:30 p.m.
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
Defendant(s):
Anait Akopyan Pro Se
1:30 PM
Plaintiff(s):
Novastar LLC, a Delaware limited Represented By
Lori C Hershorin
2:30 PM
Adv#: 1:19-01051 World Systems Inc v. South Bay Properties et al
fr. 9/12/19; 10/23/19; 1/9/20; 2/20/20; 4/2/20, 6/25/20; 6/26/20(stip), 8/24/20, 10/29/20, (adv fr.12/18/20), 12/10/20
Docket 14
Ruling for December 10, 2020: Continued to 1/21/21 at 2:30 p.m.
Ruling for October 29, 2020: Continued to 12/18/20 at 2:30 p.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
World Systems, Inc. Represented By
2:30 PM
Lewis R Landau
Defendant(s):
South Bay Properties Represented By Leslie A Cohen
Best Alliance Foreclosure and Lien Pro Se Equity Title Pro Se
Michael G Anderson Trust Pro Se
Plaintiff(s):
World Systems Inc Represented By Lewis R Landau
2:30 PM
Adv#: 1:19-01051 World Systems Inc v. South Bay Properties et al
fr. 6/27/19, 9/12/19 (from 1:30pm); 9/12/19; 10/23/19; 1/9/20; 2/20/20; 4/2/20, 6/25/20; 6/26/20(stip), 8/24/20,
10/29/20, (adv fr.12/18/20), 12/10/20
Docket 13
Ruling for December 10, 2020: Continued to 1/21/20 at 2:30 p.m.
Ruling for October 29, 2020: Continued to 12/18/20 at 2:30 p.m. Joint status report must be filed by 12/4/20 unless a settlement is reached and a 9019 motion is filed.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
2:30 PM
Ruling for 6/27/19: Amended complaint must be filed by 7/15/19. Answer or responsive pleading due by 8/6/19. Continued to 9/12/19 at 1:30. Parties should file an updated joint status report. Plaintiff must lodge a scheduling order within seven days.
Debtor(s):
World Systems, Inc. Represented By Lewis R Landau
Defendant(s):
South Bay Properties Pro Se
Michael G Anderson Trust Pro Se
Equity Title Pro Se
Best Alliance Foreclosure and Lien Pro Se
Plaintiff(s):
World Systems Inc Pro Se
2:30 PM
fr. 4/1/20, 5/13/20, 6/8/20, 8/12/20, 8/17/20, 10/1/20,
10/29/20, (adv fr. 12/18/20), 12/10/20
Docket 123
Ruling for December 10, 2020: Continued to 1/21/20 at 2:30 p.m.
Ruling for October 29, 2020: Continued to 12/18/20 at 2:30 p.m.
Ruling for 10/1/20:
Continued to October 29, 2020 at 2:30 p.m.
Ruling for August 17, 2020
Tentative adopted.
Ruling for June 8, 2020: Continued to 8/12/20 at 1:30 p.m.
Ruling for May 13, 2020:
Continued to June 8, 2020 at 1:30 p.m.
2:30 PM
Ruling for April 1, 2020: Extension request is granted through 5/13/20. Continued to 5/13/20 at 1:30 p.m.
Debtor(s):
World Systems, Inc. Represented By Lewis R Landau Leslie A Cohen
2:30 PM
fr. 3/26/19; 6/25/19; 8/14/19, 11/13/19, 2/19/20, 4/1/20,
5/13/20, 6/8/20, 8/12/20, 8/17/20, 10/1/20, 10/29/20, (adv 12/18/20),
12/10/20
Docket 1
Ruling for December 10, 2020: Continued to 1/21/20 at 2:30 p.m.
Ruling for October 29, 2020: Continued to 12/18/20 at 2:30 p.m.
Ruling for 10/1/20:
Continued to October 29, 2020 at 2:30 p.m.
Ruling for August 17, 2020
Tentative adopted.
Ruling for June 8, 2020: Continued to 8/12/20 at 1:30 p.m. Debtor is required to file an updated status report by 8/5/20.
2:30 PM
Ruling for May 13, 2020:
Continued to June 8, 2020 at 1:30 p.m.
Ruling for April 1, 2020: Continued to 5/13/20 at 1:30 p.m. Debtor may file a brief update at least one day prior to the hearing.
Ruling for 2/19/20: Continued to 4/1/20 at 1:30 p.m.
Ruling for 11/13/19: Deadline to file plan and disclosure statement continued to 1/31/20. Continued to 2/19/20 at 1:30 p.m. Debtor to file a notice of continued status conference.
Ruling for August 14, 2019:
Continued to November 13, 2019 at 1:30 p.m. The Dtr can set its disclosure statement for hearing at the same date and time.
Ruling for 6/25/19: Debtor to lodge scheduling order establishing 10/1/19 as the deadline for the debtor to file a plan. Continued to 8/14/19 at 1:30 p.m. Debtor to serve notice of continuance. No updated status report needed.
Ruling for March 26, 2019:
The general claims bar date is May 3, 2019. Debtor shall serve notice of the bar date by March 29, 2019. Continued to June 25, 2019 at 1:30 p.m. Debtor shall file and serve notice of the continued status conference.
Debtor(s):
World Systems, Inc. Represented By Lewis R Landau
2:30 PM
Adv#: 1:20-01085 GLOSTATION USA, INC., a Delaware corporation, and v. YONKERS
Docket 13
- NONE LISTED -
Debtor(s):
Glostation USA, Inc. Represented By Steven Werth David S Kupetz Jason D Strabo Claire K Wu Asa S Hami
Defendant(s):
YONKERS ASSOCIATES, LLC, a Represented By
Roger F Friedman
Plaintiff(s):
GLOSTATION USA, INC., a Represented By David S Kupetz Asa S Hami Claire K Wu
1:30 PM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
1:30 PM
Docket 0
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
RE: [29] Notice of Motion and Motion for Relief from the Automatic Stay under 11 U.S.C. 362 (Action in NonBankruptcy Forum)
FR. 1-20-21
Docket 29
Tentative Ruling for February 2, 2021
Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than February 9, 2021.
Debtor(s):
Whittaker Bradley Represented By Bryan Diaz
Movant(s):
Santana Carrera Represented By Benjamin Tryk
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
10:00 AM
RE: [20] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 5505 Topa Topa Drive, Ventura, CA 93003 filed on behalf of Homes for Rent. (Higson, Daniel)
Docket 20
Tentative Ruling for February 2, 2021
Grant relief from stay under 362(d)(2). Deny annulment of the stay. Deny waiver of the stay under FRBP 4001(a)(3). The motion does not address the legal factors applicable to annulment or present ANY facts to support annulment. In re Gasprom, Inc., 500 B.R. 598, 607 (BAP 9th Cir. 2013) citing In re Fjelsted, 293 B.R. 12, 25 (BAP 9th Cir. 2003). The motion also doesn't explain how movant could possibly be unaware of the automatic stay given that the movant was served with notice thereof on August 21, 2020. See Dkt. 8. Likewise, the motion does not articulate let alone demonstrate cause to waive the stay under FRBP 4001(a)(3).
Debtor(s):
Diederik Steur Represented By John K Rounds
Joint Debtor(s):
Miep Steur Represented By
John K Rounds
Movant(s):
Daniel A. Higson Represented By Daniel A Higson
Trustee(s):
Jerry Namba (TR) Pro Se
10:00 AM
RE: [274] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: Interest in Employment Practices Liability Insurance Policy .
Docket 274
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
IPFS Corporation Represented By Brian A Paino
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
Docket 10
Tentative Ruling for February 2, 2021
Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than February 9, 2021. The lodged order must include the following language:
Moratoriums not affected. This order does not terminate any moratorium on evictions, foreclosures or similar relief. Nothing in this order should be construed as making any findings of fact or conclusions of law regarding the existence of, or merits of any dispute regarding, any such moratorium.
Debtor(s):
Joseph Medina Represented By David Joel Follin
Movant(s):
Metropolitan Life Insurance Represented By Robert P Zahradka
Trustee(s):
Jerry Namba (TR) Pro Se
10:00 AM
RE: [9] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Mercedes-Benz GLA250W4, VIN: WDCTG4GBXGJ216668 . (Ith, Sheryl)
Docket 9
- NONE LISTED -
Debtor(s):
Rachel B. Ocampo Represented By Brent D George
Movant(s):
Mercedes-Benz Financial Services Represented By
Sheryl K Ith
Trustee(s):
Jerry Namba (TR) Pro Se
10:00 AM
Docket 15
Tentative Ruling for February 2, 2021
Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than February 9, 2021. The lodged order must include the following language:
Moratoriums not affected. This order does not terminate any moratorium on evictions, foreclosures or similar relief. Nothing in this order should be construed as making any findings of fact or conclusions of law regarding the existence of, or merits of any dispute regarding, any such moratorium.
Debtor(s):
Charlotte Ann Attebery Represented By Matthew D. Resnik
Movant(s):
Champion Mortgage Company Represented By Cassandra J Richey
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 62
Tentative Ruling for February 2, 2021
Approve requested fees and expenses, and authorize proposed payments. No objections filed; appearances waived. The trustee shall lodge a conforming order no later than February 9, 2021.
Debtor(s):
Greg Griswold Pro Se
Trustee(s):
Jerry Namba (TR) Represented By Meghann A Triplett
11:30 AM
Docket 288
- NONE LISTED -
Debtor(s):
Bernd Schaefers Pro Se
Trustee(s):
Sandra McBeth (TR) Represented By Felicita A Torres Joseph M Sholder
11:30 AM
of Service (McBeth (TR), Sandra)
Docket 290
- NONE LISTED -
Debtor(s):
Bernd Schaefers Pro Se
Movant(s):
Sandra McBeth (TR) Represented By Felicita A Torres Joseph M Sholder
Trustee(s):
Sandra McBeth (TR) Represented By Felicita A Torres Joseph M Sholder
11:30 AM
Docket 297
- NONE LISTED -
Debtor(s):
Bernd Schaefers Pro Se
Movant(s):
Franziska Shepherd Represented By William C Beall Carissa N Horowitz
Blizzard Energy, Inc. Represented By William C Beall Carissa N Horowitz
Trustee(s):
Sandra McBeth (TR) Represented By Felicita A Torres Joseph M Sholder
11:30 AM
RE: [232] Motion to Reconsider (related documents 178 Order on Motion for Turnover of Property (BNC-PDF)) Notice of Motion and Motion for Reconsideration of Order Granting Motion for Order Compelling Turnover of Property of the Estate and Sustaining Objection to Claimed Exemption; Memorandum of Points and Authorities and Declarations of Mahmood Jafroodi and Darlene Tardiff in Support Thereof
Docket 232
- NONE LISTED -
Debtor(s):
Mahmood Jafroodi Represented By David Seror
Jessica L Bagdanov Ryan Coy
Movant(s):
Mahmood Jafroodi Represented By David Seror
Jessica L Bagdanov Ryan Coy
Trustee(s):
Jerry Namba (TR) Represented By Chad V Haes
D Edward Hays Laila Masud
11:30 AM
RE: [44] Motion For Sale of Property of the Estate under Section 363(b) - No Fee with proof of service (Beall, William)
FR. 12-3-20, 12-4-20, 1-20-21
Docket 44
Ruling for December 4, 2020:
Granted in part and continued in part. The sale is approved as requested except that rather than $175,000 in homestead exempt funds to be distributed to the Debtor, only
$87,000 shall be distributed to the Debtor at this time. A continued hearing on the issue of whether the Debtor is entitled to the balance of the homestead exempt funds will be held on January 20, 2021 at 11:30 a.m. Simultaneous briefs on that issue to be filed and served by January 8, 2021 and simultaneous reply briefs to be filed and served by January 15, 2021.
Ruling for December 3, 2020: Continued to 12/4/20 at 10:00 a.m.
Debtor(s):
Deepa Biswas Willingham Represented By Reed H Olmstead
Movant(s):
Jerry Namba (TR) Represented By William C Beall Carissa N Horowitz
Trustee(s):
Jerry Namba (TR) Represented By William C Beall Carissa N Horowitz
11:30 AM
Randy W. Williams Represented By Andrew Goodman
11:30 AM
(BNC-PDF) (Related Doc # [9]) Signed on 1/11/2021 (Young, Susan)
Docket 18
- NONE LISTED -
Debtor(s):
Vannesa Morales Aguirre Pro Se
Trustee(s):
Sandra McBeth (TR) Pro Se
1:30 PM
RE: [159] Application for Compensation for Arasto Farsad, Debtor's Attorney, Period: to, Fee: $23065, Expenses: $120.
FR. 1-13-21
Docket 159
Final Ruling for February 2, 2021: Application for fees and costs approved as requested. Appearances waived. Applicant should lodge a conforming order no later than February 9, 2021.
Ruling for January 13, 2021:
Continued to February 2, 2021 at 1:30 p.m.
By January 15, 2021, Applicant to file POS of the application, file and serve notice of the continued hearing and file an addendum to the applicaiton with the firm resume. January 29, 2021 is the new deadline for opposition.
Debtor(s):
Isaias Raquel Barcarse Represented By Arasto Farsad
Joint Debtor(s):
Clarita Bertis Barcarse Represented By Arasto Farsad
Movant(s):
Isaias Raquel Barcarse Represented By Arasto Farsad Arasto Farsad Arasto Farsad
Clarita Bertis Barcarse Represented By
1:30 PM
Arasto Farsad Arasto Farsad
1:30 PM
Chapter 11 Status Conference
FR. 12-18-19, 3-25-20, 4-29-20, 7-1-20, 8-26-20, 11-18-20
FR. 1-20-21
Docket 1
Ruling for November 18, 2020
Continued to 1/20/20 @ 1:30 p.m. No new status report is required. Debtor can set his motion to dismiss the case for the same date and time provided 21 days notice is provided to all creditors.
Ruling for August 26, 2020: Continued to 11/18/20 at 1:30 p.m.
Ruling for April 29, 2020: Continued to 7/1/20 at 1:30 p.m. Debtor should file an updated status report by 6/17/20. Court will prepare an order regarding the extension of the disclosure statement and plan deadline and the continued status conference date.
Ruling for 3/25/20: Continued to 4/29/20 at 1:30 p.m. Court will prepare an order.
Ruling for December 18, 2019
The claims bar date will be February 15, 2020. Debtor must serve notice of the bar date by December 27, 2019 on the mandatory local rules form.
The deadline for the Debtor to object to claims will be March 13, 2020.
The deadline for the Debtor to file his initial plan and disclosure statement will be March 13, 2020.
A continued chapter 11 status conference will be held on March 25, 2020 at 1:30 p.m. Provided Debtor has filed a disclosure statement and plan on March 13, 2020, no updated status report needs to be filed and served. The Court will prepare a scheduling order memorializing these dates. The Debtor will be responsible for serving all creditors with the entered scheduling order.
1:30 PM
Debtor(s):
Steven Corl Decker Pro Se
1:30 PM
Docket 132
Ruling for December 4, 2020:
Debtor to file an amended plan by January 15, 2021.
Continued status conference on the plan on January 20, 2021 at 1:30 p.m. Trustee to lodge a scheduling order.
Debtor(s):
Nava Enterprise, Inc Represented By William E. Winfield Donald T Dunning
Trustee(s):
Wesley H Avery (TR) Represented By Tamar Terzian
1:30 PM
RE: [16] Emergency motion Debtor Citco Enterprises, Inc.'s Emergency Motion for Order Authorizing Use of Cash Collateral; Memorandum of Points and Authorities; Declaration of Caesar Ho in Support Thereof
FR. 9-4-20, 9-30-20, 1-20-21
Docket 16
Ruling for September 30, 2020:
Granted pursuant to the terms of the cash collateral stipulation, as amended on the record at the hearing re: the validation of the SBA's prepetition liens. A final hearing will be held on January 20, 2021 at 1:30 p.m.
Ruling for September 4, 2020:
Granted on an interim basis only, and without prejudice to the SBA objecting. A final hearing will be held on September 30, 2020 at 1:30 p.m. No later than September 9, 2020 the Debtor shall serve written notice of the continued hearing on the SBA, the 20 largest unsecured creditors, special notice parties and the Office of the United States Trustee. The Debtor shall serve the motion on the SBA in accordance with FRBP 7004, and at the address listed in the loan agreement attached to the Motion and the address provided for the SBA in the case commencement documents. Opposition to the Motion to be filed no later than September 24, 2020 and any reply papers to be filed no later than September 29, 2020.
Debtor(s):
Citco Enterprises, Inc. Represented By Michael Jay Berger
Movant(s):
Citco Enterprises, Inc. Represented By
1:30 PM
Trustee(s):
Michael Jay Berger Michael Jay Berger Michael Jay Berger
Andrew W. Levin (TR) Pro Se
1:30 PM
Docket 272
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
RE: [273] Motion to Extend Time for Debtor to Assume or Reject Non- Residential Real Property Leases and Notice of Motion; Memorandum of Points and Authorities; and Declaration of Jaime Dietenhoffer in Support Thereof
Docket 273
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
2:30 PM
Adv#: 9:20-01016 Faith v. Elias et al
RE: [1] Adversary case 9:20-ap-01016. Complaint by Jeremy W. Faith against David Medina Elias, Corona Elias. (Charge To Estate). (Attachments: # 1 Adversary Coversheet) Nature of Suit: (91 (Declaratory judgment)),(11 (Recovery of money/property - 542 turnover of property)) (Pagay, Carmela)
FR. 4-15-20, 6-17-20, 8-26-20, 10-21-20, 12-4-20, 1-20-21
Docket 1
Final Ruling for February 2, 2021: Continued to March 10, 2021 at 2:30 p.m. The parties have settled. On January 14, 2021, the Plaintiff filed a motion to approve compromise in the main bankruptcy case. Appearances are waived.
Final Ruling for December 4, 2020: Based on the representations in the Plaintiff's Unilateral Status Report that the parties have settled, the status conference is continued to January 20, 2021 at 2:30 p.m. If a settlement agreement is not filed before that date, then the parties must file an updated status report no later than January 6, 2021. Appearances are waived.
Final Ruling for October 21, 2020: Based on the representations in the Plaintiff's Unilateral Status Report, the status conference is continued to December 16, 2020 at 2:30 p.m. If a settlement agreement is not filed before that date, then the parties must file an updated status report no later than December 2, 2020. Appearances are waived.
Tentative Ruling for August 26, 2020: Continued to October 21, 2020 at 2:30 p.m. An updated status report must be filed no later than October 7, 2020. Appearances are waived.
Ruling for June 17, 2020: Continued to 8/26/20 at 2:30 p.m.
2:30 PM
Debtor(s):
Corona Elias Represented By
Vaughn C Taus
Defendant(s):
David Medina Elias Pro Se
Corona Elias Represented By
Vaughn C Taus
Plaintiff(s):
Jeremy W. Faith Represented By Carmela Pagay
Trustee(s):
Jeremy W. Faith (TR) Represented By Carmela Pagay
2:30 PM
Adv#: 9:18-01046 Diversified Engineering of Westlake, Inc v. Payton et al
RE: [39] Motion For Summary Judgment FR. 1-20-21
Docket 39
- NONE LISTED -
Debtor(s):
Bridgette Allison Payton Represented By Patrick T Green
Defendant(s):
Bridgette Payton Represented By Patrick T Green
Roy Mendoza Represented By Patrick T Green
Joint Debtor(s):
Roy Esteban Mendoza Represented By Patrick T Green
Movant(s):
Diversified Engineering of Westlake, Represented By
Larry D Webb
Plaintiff(s):
Diversified Engineering of Westlake, Represented By
Larry D Webb
2:30 PM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:18-01046 Diversified Engineering of Westlake, Inc v. Payton et al
RE: [53] Motion DEFENDANTS BRIDGETTE PAYTON AND ROY MENDOZA'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CAUSE OF ACTION
FR. 1-20-21
Docket 53
- NONE LISTED -
Debtor(s):
Bridgette Allison Payton Represented By Patrick T Green
Defendant(s):
Bridgette Payton Represented By Patrick T Green
Roy Mendoza Represented By Patrick T Green
Joint Debtor(s):
Roy Esteban Mendoza Represented By Patrick T Green
Movant(s):
Bridgette Payton Represented By Patrick T Green
Roy Mendoza Represented By Patrick T Green
2:30 PM
Plaintiff(s):
Diversified Engineering of Westlake, Represented By
Larry D Webb
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:18-01046 Diversified Engineering of Westlake, Inc v. Payton et al
(3)fraud as fiduciary, embezzlement, larceny (4)dischargeability - 523(a)(6)
willful and malicious injury
Objection / revocation of discharge - 727(c),(d),(e)))
FR. 11/28/18, 2/25/19, 5/22/19, 9/12/19, 12/12/19, 4/15/20, 7/1/20, 9/16/20, 1/20/21
Docket 1
Ruling for September 16, 2020: Continued to 1/20/21 at 2:30 p.m. Plaintiff should file and serve a notice of continued hearing.
Ruling for July 1 2020: Continued to 9/16/20 at 2:30 p.m.
Ruling for 4/15/20: Continued to 7/1/20 at 2:30 p.m. The parties may use this date for a case dispositive motion. This will be a video hearing. Parties should lodge an agreed form of order regarding relevant dates.
April 15, 2020
Telephonic Hearing Only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or
(866)582-6878. Additional details are available by visiting their website: https://courtcall.com.
2:30 PM
Ruling for 12/12/19: Cont. to 4/15/20 at 1:30 p.m. Parties should file an updated joint status report 14 days before the hearing.
Ruling for 9/12/19: The deadline for the completion of discovery and the filing of case dispositive motions is extended to 2/28/20. Continued to 12/12/19 at 1:30 p.m. The parties may appear telephonically. No new status report is required.
Ruling for May 22, 2019:
The status conference is continued to September 12, 2019 at 1:30 p.m. in Woodland Hills; the parties may appear telephonically. The parties shall file a brief joint status report prior to the continued status conference. The last day for discovery to be completed, inclduing receiving responses to discovery requests, is December 6, 2019. The last day to join other parties and to amend pleadings is December 6, 2019. The last day for case dispositive pre-trial motions to be filed and served is January 30, 2020.
Ruling for November 28, 2018: Amended complaint must be filed no later than January 14, 2019. Answer must be filed no later than February 13, 2019. The status conference is continued to February 25, 2019 at 2:00 p.m. No updated status report is required.
Debtor(s):
Bridgette Allison Payton Represented By Patrick T Green
Defendant(s):
Bridgette Payton Represented By Patrick T Green
Roy Mendoza Represented By Patrick T Green
Joint Debtor(s):
Roy Esteban Mendoza Represented By
2:30 PM
Patrick T Green
Plaintiff(s):
Diversified Engineering of Westlake, Represented By
Larry D Webb
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:20-01017 McBeth v. Chapman-Shapiro
RE: [25] Motion Notice of Motion and Motion for Sanctions for Failure to Serve Discovery Responses; Dec. of Felicita A. Torres (Torres, Felicita)
FR. 10-21-20, 12-4-20, 1-20-21
Docket 25
Ruling for December 4, 2020:
Mr. Kwasigroch is ordered to appear at a continued status conference on January 20, 2021 at 2:30 p.m. unless the proceeding is dismissed prior to that date. No updated status report is required.
Ruling for October 21, 2020: Continued to 12/16/20 at 2:30 p.m. Upon entry of the order on the stipulation and an order dismissing the case, then Trustee should lodge an order, with leave of court, that the motion for sanctions is withdrawn.
Debtor(s):
Mindy Chapman-Shapiro Represented By
Michael D Kwasigroch
Defendant(s):
Mindy Chapman-Shapiro Represented By
Michael D Kwasigroch
Movant(s):
Sandra K. McBeth Represented By Felicita A Torres
Plaintiff(s):
Sandra K. McBeth Represented By
2:30 PM
Trustee(s):
Felicita A Torres
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
2:30 PM
Adv#: 9:20-01017 McBeth v. Chapman-Shapiro
Declaratory relief regarding the bindingness of confirmed ch 11 plan;
Injunctive or other equitable relief FR. 4-15-20, 7-1-20, 12-4-20, 1-20-21
Docket 1
Ruling for December 4, 2020:
Mr. Kwasigroch is ordered to appear at a continued status conference on January 20, 2021 at 2:30 p.m. unless the proceeding is dismissed prior to that date. No updated status report is required.
Ruling for July 1 2020: Continued to 12/16/20 at 2:30 p.m. Plaintiff shall lodge a scheduling order.
April 15, 2020
Telephonic Hearing Only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or
(866)582-6878. Additional details are available by visiting their website: https://courtcall.com.
2:30 PM
Debtor(s):
Mindy Chapman-Shapiro Represented By
Michael D Kwasigroch
Defendant(s):
Mindy Chapman-Shapiro Represented By
Michael D Kwasigroch
Plaintiff(s):
Sandra K. McBeth Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
2:30 PM
Adv#: 9:19-01054 Silverlake Park, LLC et al v. Rasbe, Inc et al
RE: [36] Motion Jerry Namba, Chapter 7 Trustees Notice Of Motion And Motion For Leave To File A Second Amended Complaint; Memorandum Of Points And Authorities And Declaration In Support Thereof (Steelman, Richard)
Docket 36
Tentative Ruling for February 2, 2021: Grant; No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than February 9, 2021.
Debtor(s):
Rasbe, Inc Represented By
Khachik Akhkashian
Defendant(s):
Rasbe, Inc Pro Se
Sherr, LLC Pro Se
Komie, Inc. Pro Se
Emmet, Inc. Pro Se
Benel, Inc. Pro Se
Kayam, Inc. Represented By
Matthew Abbasi
Rone Oren Represented By
Michael N Sofris
Cucamonga Inc. Pro Se
Laura Ballegeer Represented By
2:30 PM
Matthew Abbasi
DOES 1-29 inclusive Pro Se
Movant(s):
Jerry Namba Represented By
Carmela Pagay Richard P Steelman Jr
Jerry Namba (TR) Represented By Carmela Pagay
Richard P Steelman Jr
Plaintiff(s):
Silverlake Park, LLC Pro Se
Jerry Namba Represented By
Carmela Pagay Richard P Steelman Jr
Trustee(s):
Jerry Namba (TR) Represented By Timothy J Yoo Carmela Pagay
2:30 PM
Adv#: 9:19-01054 Silverlake Park, LLC et al v. Rasbe, Inc et al
RE: [1] Adversary case 9:19-ap-01054. Notice of Removal by Silverlake Park, LLC, Jerry Namba. (Attachments: # 1 Adversary Coversheet # 2 Notice of Status Conference # 3 Proof of Service) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)) (Pagay, Carmela)
FR. 12-4-19, 1-29-20, 2-10-20, 3-25-20, 5-20-20, 7-15-20, 9-30-20, 12-4-20,
1-20-21
Docket 1
Ruling for December 4, 2020:
Continued to January 20, 2021 at 2:30 p.m. to be heard with the Trustee's forthcoming motion to amend complaint. No updated status report is required.
Ruling for September 30, 2020: Continued to 12/16/20 at 2:30 p.m. Trustee to file and serve notice of continued status conference.
Ruling for July 15, 2020: Continued to 9/30/20 at 2:30 p.m. No joint status report is required.
Ruling for May 20, 2020:
The last day to amend the pleadings and join parties, or obtain leave to do so, is January 31, 2021. The last day to file and serve case dispositive pre-trial motions is February 15, 2021. Status conference continued to July 15, 2020 at 2:30 p.m.
Plaintiff to lodge a scheduling order.
Ruling for 3/25/20: Discovery cut-off is 1/31/21. Continued status conference is 5/20/20 at 2:30 p.m. No new status report required. Parties may appear by phone at the continued status conference. Plaintiff's counsel should lodge a scheduling order.
2:30 PM
Ruling for 2/10/20: Continued to 3/25/20 at 11:30 a.m.
Ruling for January 29, 2020:
Continued to 2/10/20 at 11:30 a.m., to coincide with the pending motion to dismiss the bankruptcy case. The Trustee shall serve all parties with notice of the continued status conference. APPEARANCES WAIVED ON JANUARY 29, 2020
Ruling for December 4, 2019:
Continued to 1/29/20 at 2:30 p.m. Trustee to serve all parties with notice of the continued status conference.
Debtor(s):
Rasbe, Inc Represented By
Khachik Akhkashian
Defendant(s):
Rasbe, Inc Pro Se
Sherr, LLC Pro Se
Komie, Inc. Pro Se
Emmet, Inc. Pro Se
Benel, Inc. Pro Se
Kayam, Inc. Represented By
Matthew Abbasi
Rone Oren Represented By
Michael N Sofris
Cucamonga Inc. Pro Se
Laura Ballegeer Represented By Matthew Abbasi
2:30 PM
DOES 1-29 inclusive Pro Se
Plaintiff(s):
Silverlake Park, LLC Pro Se
Jerry Namba Represented By
Carmela Pagay Richard P Steelman Jr
Trustee(s):
Jerry Namba (TR) Represented By Timothy J Yoo Carmela Pagay
2:30 PM
Adv#: 9:19-01077 Valencia v. Sierra
RE: [1] Adversary case 9:19-ap-01077. Complaint by Gustavo Valencia against Sara Sierra. willful and malicious injury)),(64 (Dischargeability - 523(a)(15), divorce/sep property settlement/decree)) (Grant, Karen)
FR. 1-29-20, 4-29-20, 8-5-20, 11-4-20, 12-4-20, 1-20-21
Docket 1
Ruling for December 4, 2020:
Continued to January 20, 2021 at 2:30 p.m. No new status report is needed.
Ruling for November 4, 2020: Continued to 12/16/20 at 2:30 p.m. No new status report is needed.
Debtor(s):
Sara Sierra Represented By
Kenneth H J Henjum
Defendant(s):
Sara Sierra Represented By
Creighton A Stephens
Plaintiff(s):
Gustavo Valencia Represented By Karen L Grant
Trustee(s):
Jerry Namba (TR) Pro Se
2:30 PM
Adv#: 9:20-01025 Verdi v. Beckstrand
RE: [1] Adversary case 9:20-ap-01025. Complaint by Cameron N Verdi against Dwight G Beckstrand . false pretenses, false representation, actual fraud)) ,(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury))
FR. 5-7-20, 8-26-20, 11-4-20, 1-20-21
Docket 1
Ruling for November 4, 2020: Continued to 1/20/21 at 2:30 p.m. Plaintiff may use this date and time for a motion for default judgment if the motion is timely filed. If Plaintiff files a motion for default judgment, then a status report is not required.
Tentative Ruling for August 26, 2020: Continued to 11/4/20 at 2:30 p.m. A status report must be filed no later than 10/21/20. Appearances are waived.
Ruling for May 7, 2020: Continued to 8/26/20 at 2:30 p.m.
Debtor(s):
Dwight G Beckstrand Represented By Sandra McBeth
Defendant(s):
Dwight G Beckstrand Pro Se
Plaintiff(s):
Cameron N Verdi Pro Se
2:30 PM
Trustee(s):
Jerry Namba (TR) Pro Se
2:30 PM
Adv#: 9:20-01024 Ramirez et al v. Jafroodi
RE: [1] Adversary case 9:20-ap-01024. Complaint by Carolina Ramirez, Luis Angel Colunga Gocabar, Nelly Gonzales, Margarita Hernandez, Rigoberto Saavedra, Liney Silva against Mahmood Jafroodi. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(65 (Dischargeability - other)) (Guevara Zamora, Cecilia)
FR. 4-29-20, 7-15-20, 9-16-20, 1-20-21
Docket 1
Ruling for September 16, 2020: Continued to 1/20/21 at 2:30 p.m. Plaintiffs must file and serve a notice of continued status conference.
Ruling for 7/15/20: Continued to 9/16/20 at 2:30 p.m. An updated status report is not required. Plaintiff must file and serve a notice of continued status conference.
Ruling for 4/29/20:
Status conference continued to July 15, 2020 at 2:30 p.m. Plaintiff to file and serve a notice of continued status conference. The parties must file an updated status report by July 1, 2020. The Defendant's motion to dismiss is also continued to July 15, 2020 at 2:30 p.m. The Defendant shall file and serve a notice of continued hearing. All the response deadlines regarding that motion will be based on the July 15, 2020 hearing date.
Debtor(s):
Mahmood Jafroodi Represented By David Seror
2:30 PM
Jessica L Bagdanov Ryan Coy
Defendant(s):
Mahmood Jafroodi Represented By David Seror Ryan Coy
Plaintiff(s):
Carolina Ramirez Represented By
Cecilia Guevara Zamora Ezra Kautz
Luis Angel Colunga Gocabar Represented By
Cecilia Guevara Zamora Ezra Kautz
Nelly Gonzales Represented By
Cecilia Guevara Zamora Ezra Kautz
Margarita Hernandez Represented By
Cecilia Guevara Zamora Ezra Kautz
Rigoberto Saavedra Represented By
Cecilia Guevara Zamora Ezra Kautz
Liney Silva Represented By
Cecilia Guevara Zamora Ezra Kautz
Trustee(s):
Jerry Namba (TR) Represented By Chad V Haes
D Edward Hays Laila Masud
2:30 PM
Adv#: 9:20-01052 McBeth v. Sosa
RE: [1] Adversary case 9:20-ap-01052. Complaint by Sandra K. McBeth against Edgar Sosa. ($350.00 Fee Charge To Estate). Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Torres, Felicita)
FR. 11-18-20, 1-20-21
Docket 1
Ruling for February 2, 2021
Continued to April 7, 2021 @ 2:30 p.m. Appearances waived for February 2, 2021. The trustee shall lodge both an order granting her motion for default judgment and a proposed judgment.
Debtor(s):
Aldo Sosa Represented By
Bernal P Ojeda
Defendant(s):
Edgar Sosa Pro Se
Plaintiff(s):
Sandra K. McBeth Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Felicita A Torres
1:30 PM
Docket 64
Ruling for 10/27/20: Continued to 2/2/21 at 1:30 p.m. Debtor to file and serve a
notice of continued hearing.
Ruling for July 13, 2020: Continued to 10/27/20 at 1:30 p.m. Status report due no later than 10/13/20.
Final Ruling for May 13, 2020: Continued to 7/13/20 at 1:30 p.m. Debtor is required to file an updated status report no later than 6/29/20. Appearances waived.
May 13, 2020
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through June 30, 2020 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
Ruling for January 22, 2020: The revised treatment of the plan does not materially affect the treatment of the creditors. Plan is confirmed. The Debtor shall upload an order that attaches the plan and the stipulations. The order on the plan should include the language from LBR 3020 about a post-confirmation status conference. Debtor
1:30 PM
may select a date for the status conference from the self-calendardates as posted on the website.
Ruling for 11/12/19: Continued to 1/22/20 at 1:30 p.m. File and serve any supplements by 1/8/20.
Debtor(s):
DAK Construction Corp. Represented By Giovanni Orantes Luis A Solorzano
1:30 PM
Docket 141
Ruling for 10/1/20:
Confirmed as to the second amended plan at docket number 148. The lodged confirmation order must express how the plan has been modified by the stipulation with Wells Fargo and state, verbatim, the terms which change the plan, e.g., the paragraph at page X is revised to state Y. Alternatively, the Debtors may file a modified second amended plan, redlined. The Court will not hold the lodged confirmation order for seven days. A post-confirmation status conference will be held on February 2, 2021 at 1:30 p.m and a post-confirmation status report complying with LBR 3020-1(b) by January 19, 2021.
Ruling for August 17, 2020
Debtors' motion to modify the first amended plan is granted.
The confirmation hearing is continued to October 1, 2020 at 1:30 p.m. By September 10, 2020, the Debtors shall file and serve a clean and redlined Second Amended Plan and Disclosure Statement addressing the payment of the postpetition property taxes and who is reponsible for paying property taxes and insurance going forward, declarations from both Debtors in support of confirmation, an unpdated Exhibit A1 cash flow projections and notice of the continued hearing. Any objections to confirmation of the Second Amended Plan shall be filed, along with admissible evidence, by September 17, 2020. Debtors' reply thereto shall be filed by September 24, 2020. The Debtors shall lodge a scheduling order.
Ruling for May 26, 2020: Amended plan and supporting evidence must be filed by 7/17/20. Continued to 8/12/20 at 1:30 p.m.
1:30 PM
Debtor(s):
Rosalinda Del Socorro Mendoza Represented By
Lionel E Giron Crystle Jane Lindsey Merdaud Jafarnia Joanne P. Sanchez
Joint Debtor(s):
Jose Padilla Saldivar Represented By Lionel E Giron
Crystle Jane Lindsey Merdaud Jafarnia Joanne P. Sanchez
1:30 PM
fr. 1/22/20, 3/17/20, 5/26/20, 8/12/20, 8/17/20, 10/27/20. 11/10/20
Docket 1
is waived.
Tentative Ruling for October 27, 2020: The status conference is continued to November 10, 2020 at 1:30 p.m. Appearances are waived.
Ruling for August 17, 2020
The deadline to file a plan and disclosure statement is extended to September 4, 2020. Debtors shall lodge an order re: that extension. Continued to October 27, 2020 at 1:30 p.m.
Final Ruling for March 17, 2020: The status conference is continued to 5/26/20 at 1:30 p.m. Also, the Debtor's motion to value collateral, which is currently set for hearing on 4/1/20 at 1:30 p.m., will be continued to 5/26/20 at 1:30 p.m. Appearances for the 3/17/20 status conference are waived.
Tentative Ruling for January 22, 2020: The chapter 11 status conference is continued to 3/17/20 at 1:30 p.m. The deadline to file proofs of claim is 4/3/20. Debtor must file and serve a notice of claims bar date no later than 1/31/20. At this time, the Court does not believe a deadline for objections to claims is necessary.
Appearances waived.
Debtor(s):
Sergio Anthony Castaneda Represented By Matthew D. Resnik
1:30 PM
Roksana D. Moradi-Brovia
Joint Debtor(s):
Irene Alvarez-Castaneda Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
Docket 1
scheduling order which includes the following dates: 12/21/20 is general bar date. Notice of bar date should be served by 11/16/20. Serve Howard Ehrenberg, the chapter 7 trustee, in the related case. 1/26/21 is the deadline to file a plan and disclosure statement. Updated status report is due 1/19/21. The order should be lodged no later than 11/16/20.
Debtor(s):
E.B.J.T. Enterprise, LLC Represented By Matthew Abbasi
10:00 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
10:00 AM
Docket 0
- NONE LISTED -
10:00 AM
WILMINGTON TRUST, NATIONAL ASSOCIATION fr. 11/10/20, 12/9/20; 1/19/21
STIP FILED 12/17/20
Docket 101
Ruling for December 9, 2020: Continued to 1/19/21 at 10:00 a.m.
Debtor(s):
Sergio Anthony Castaneda Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Joint Debtor(s):
Irene Alvarez-Castaneda Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
Wilmington Trust, National Represented By Darlene C Vigil
10:00 AM
fr. 1/22/20, 3/17/20, 5/26/20, 8/12/20, 8/17/20, 10/27/20. 11/10/20, 2/2/20
Docket 1
Tentative Ruling for October 27, 2020: The status conference is continued to November 10, 2020 at 1:30 p.m. Appearances are waived.
Ruling for August 17, 2020
The deadline to file a plan and disclosure statement is extended to September 4, 2020. Debtors shall lodge an order re: that extension. Continued to October 27, 2020 at 1:30 p.m.
Final Ruling for March 17, 2020: The status conference is continued to 5/26/20 at 1:30 p.m. Also, the Debtor's motion to value collateral, which is currently set for hearing on 4/1/20 at 1:30 p.m., will be continued to 5/26/20 at 1:30 p.m. Appearances for the 3/17/20 status conference are waived.
Tentative Ruling for January 22, 2020: The chapter 11 status conference is continued to 3/17/20 at 1:30 p.m. The deadline to file proofs of claim is 4/3/20. Debtor must file and serve a notice of claims bar date no later than 1/31/20. At this time, the Court does not believe a deadline for objections to claims is necessary.
Appearances waived.
Debtor(s):
Sergio Anthony Castaneda Represented By Matthew D. Resnik
10:00 AM
Roksana D. Moradi-Brovia
Joint Debtor(s):
Irene Alvarez-Castaneda Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
10:00 AM
KPRS CONSTRUCTION SERVICES, INC
Docket 184
NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
10:00 AM
(II) Granting Senior Secured And Other Liens And Superpriority Claims; (III) Granting Adequate Protection; (IV) Modifying The Automatic Stay; And (V) Granting Related Relief
fr. 11/6/20, 11/16/20, 11/23/20, 12/9/20, 1/5/21, 1/6/21
Docket 55
Ruling for January 6, 2021
Continued to February 3, 2021 at 1:30 p.m.
Ruling for January 5, 2021
Continued to January 6, 2021 at 1:30 p.m.
Ruling for November 23, 2020
The motion is approved on a final basis as to Gateway Four & Gateway Five. The motion is continued for a final hearing as to Gateway Two to December 9, 2020 at 9:00 a.m.
The trustee may set forthcoming applications to employ real estate brokers for December 9, 2020 at 9:00 a.m. without filing ex parte applications to shorten time.
Ruling for November 16, 2020
As to Gateway Two, the hearing is continued to November 23, 2020 at 10:00 a.m. As to Gateway Four, the proposed order attached as Exhibit 2 to the trustee's Supplemental Reply (case dkt. 89) is approved subject to the clarification that Romspen's lien for postpetition financing will not prime the County's lien for ad valorem real property taxes and is approved only on an interim basis. A final hearing will be held on November 23, 2020 at 10:00 a.m. Any opposition to final approval must be filed by 9:00 a.m. on November 23, 2020.
As to Gateway Five, the proposed order attached as Exhibit 4 to the trustee's
10:00 AM
Supplemental Reply (case dkt. 89) is approved subject to the clarification that Romspen's lien for postpetition financing will not prime the County's lien for ad valorem real property taxes and is approved only on an interim basis. A final hearing will be held on November 23, 2020 at 10:00 a.m. Any opposition to final approval must be filed by 9:00 a.m. on November 23, 2020. The parties are to continue negotiating regarding the section 506(c) waiver as indicated by the Court at the hearing.
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro
Movant(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
10:00 AM
Approving, on an interim basis, the stipulation authorizing chapter 11 trustee to continue using the cash collateral of the Gateway Four, LP Bankruptcy Estate;
Scheduling a final hearing on this motion and the stipulation; and
Granting Related Relief
Docket 213
NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
VELOCITY COMMERCIAL CAPITAL, LLC
fr. 1/5/21, 1/19/21
Docket 63
NONE LISTED -
Debtor(s):
Javier Caceres Represented By Onyinye N Anyama
1:30 PM
Docket 1
Ruling for November 20, 2020: Plan and Disclosure Statement deadline is 1/29/21. The bar date is 1/22/21. The notice of bar date should be mailed by 11/30/20.
Continued to 2/3/21 at 1:30 p.m. Debtor should lodge a scheduling order. An updated status report is due by 1/20/21.
Debtor(s):
Javier Caceres Represented By Onyinye N Anyama
1:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Queen City Rehabs and Renovations Represented By
Roseann Frazee
1:30 PM
fr. 1/19/21
Docket 1
NONE LISTED -
Debtor(s):
Brian Anthony Veskosky Represented By Michael R Totaro
Trustee(s):
Susan K Seflin (TR) Pro Se
1:30 PM
Docket 1
Debtor(s):
E.B.J.T. Enterprise, LLC Represented By Matthew Abbasi
1:30 PM
fr. 10/27/20, 11/4/20, Advanced from 12/16/20, 12/4/20, 1/13/21
Docket 139
Ruling for December 4, 2020:
Continued to January 13, 2021 at 1:30. New evidence to be filed by January 6, 2021.
Ruling for November 4, 2020: Continued to 12/16/20 at 1:30 p.m. Debtor to file its additional evidence no later than 12/9/20. Debtor must also file and serve notice of continuance no later than 11/12/20. The notice must include the Zoom information.
Ruling for 10/27/20: Continued to 11/4/20 at 1:30 p.m.
Debtor(s):
Motiv8 Investments, LLC Represented By Lionel E Giron Joanne P Sanchez
Movant(s):
Motiv8 Investments, LLC Represented By Lionel E Giron Joanne P Sanchez
1:30 PM
fr. 6/25/19; 9/25/19, 12/11/19, 3/17/20, 5/26/20, 8/12/20; 8/17/20, 9/14/20. 11/10/20, 1/19/21
Docket 1
Ruling for 9/14/20: Continued to 11/10/20 at 1:30 p.m. Debtor should file and serve notice of continuance. No updated status report needed.
Ruling for May 26, 2020: Continued to 8/12/20 at1:30 p.m. Debtor to file and serve notice of continued status conference. No new status report needed.
Ruling for March 17, 2020
Appearances waived. Continued to May 26, 2020 at 1:30 p.m.
Tentative Ruling for September 25, 2019: Continued to December 11, 2019 at 1:30
p.m. Debtor shall file an updated status report two weeks prior to the continued status conference. Appearances waived.
Ruling for 6/25/19: Bar date is 8/30/19. Debtor to lodge bar date order which requires the bar date notice to be in the mail by 7/2/19. Deadline for plan and disclosure statement filing is 1/31/20. Continued to 9/25/19 at 1:30 p.m. Debtor must file an updated status report by 9/11/19.
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
1:30 PM
Docket 137
- NONE LISTED -
Debtor(s):
Robert James Roon II Represented By
R Grace Rodriguez
1:30 PM
fr. 3/5/19; 4/30/19; 5/28/19, 8/14/19; 9/11/19, 12/11/19, 2/5/20, 3/17/20, 4/1/20; 5/13/20; 6/30/20, 10/1/20, 11/20/20,
12/9/20
Docket 1
Ruling for December 9, 2020: A hearing on the disclosure statement is set for 2/3/21 at 1:30 p.m. Debtor must file and serve a notice of disclosure statement hearing no later than 12/14/20. The notice of the hearing must identify the docket numbers of the disclosure statement. The notice should also provide that objections are due no later than 1/20/21. The status conference is continued to 2/3/21 at 1:30
p.m. Updated status report is not required. Debtor must lodge a scheduling order.
Ruling for November 20, 2020: Continued to 12/9/20 at 1:30 p.m.
Ruling for 10/1/20:
Continued to November 20, 2020 at 1:30 p.m. The Court will issue an OSC re dismissal.
Ruling for June 30, 2020
Continued to October 1, 2020 at 1:30 p.m. No new status report is required.
The deadline for the Debtor to file a disclosure statement and plan is September 1, 2020.
Ruling for April 1, 2020: Continued to 5/13/20 at 1:30 p.m.
April 1, 2020
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of
1:30 PM
the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (888-882-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for February 5, 2020: Continued to 3/17/20 at 1:30 p.m. Court will issue an OSC re why this case should not be dismissed.
Ruling for December 11, 2019
Continued to February 5, 2020 at 1:30 p.m. The status report must be filed and served on January 22, 2020. The Court sanctions counsel $150 for failing to file and serve a chapter 11 status report.
Ruling for 9/11/19: Debtor must lodge a scheduling order and continue s/c to 12/11/19 at 1:30 p.m. Debtor must file his plan and disclosure statement by 10/30/19 and may use 12/11/19 as the hearing on his disclosure statement.
Ruling for August 14, 2019:
Continued to September 11, 2019 at 1:30 p.m.
Ruling for May 28, 2019:
Debtor shall file and serve a FRBP 9019 motion re: the two cash collateral stipulations. Debtor shall file a FRBP 2015.3 financial report re: Global Moto Outlet, Inc.
Continued to August 14, 2019 at 1:30 p.m. Debtor to file an updated status report on July 31, 2019 addressing a timeline for a plan and disclosure statement.
Ruling for 4/30/19: Bar date amended to 6/28/19. Bar date notice to be served by 5/3/19. File and serve notice of continued status conference by 5/3/19. File amended
1:30 PM
status report with attached deed of trust no later than 5/10/19. If not done, the Court will dismiss the case. Continued to 5/28/19 at 1:30 p.m.
Ruling for March 5, 2019
The general bar date is May 10, 2019. Debtor to serve the bar date notice by March 15, 2019. Continued to April 30, 2019 at 1:30 p.m. Updated status report to be filed by April 16, 2019. Debtor to file and serve notice of the continued status conference.
Debtor(s):
Robert James Roon II Represented By
R Grace Rodriguez
1:30 PM
fr. 12/9/20; 1/19/21
Docket 103
Ruling for December 9, 2020: Continued to 1/19/21 at 1:30 p.m. Serve amended notice on all creditors, including Wells Fargo, at the proof of claim address.
Debtor(s):
Nilsa Quintana Represented By Lionel E Giron
Crystle Jane Lindsey Joanne P Sanchez
1:30 PM
fr. 6/11/19; 9/11/19, 10/23/19, 12/11/19, 1/22/20, 3/17/20, 5/13/20, 6/8/20, 9/2/20, 9/14/20. 11/10/20, 12/9/20; 1/19/21
Docket 1
Ruling for December 9, 2020: Continued to 1/19/21 at 1:30 p.m.
Final Ruling for November 10, 2020: Continued to 12/9/20 at 1:30 to trail the hearing on the disclosure statement. Debtor should file and serve a notice of continued hearing no later than 11/17/20. No updated status report is required.
Ruling for 9/14/20: Continued to 11/10/20 at 1:30 p.m. Debtor should file and serve a notice of continued hearing. No updated status report is required for the continued status conference.
Ruling for June 8, 2020: Deadline to file plan and disclosure statement is 7/31/20. Continued to 9/2/20 at 1:30 p.m. This date may also be used for disclosure statement hearing if there's at least 42 days notice of the hearing.
Ruling for May 13, 2020:
Continued to June 8, 2020 at 1:30
May 13, 2020
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to
1:30 PM
attorneys through June 30, 2020 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
Final Ruling for March 17, 2020: The chapter 11 status conference is continued to 5/13/20 at 1:30 p.m. Also, the evidentiary hearing which is currently scheduled for 3/31/20 at 10:00 a.m. is continued as a status conference to 5/13/20 at 1:30 p.m.
Appearances for the 3/17/20 status conference are waived.
Ruling for January 22, 2020: Continued to 3/17/20 at 1:30 p.m. No new status report is required. However, the parties may file a status report to update the Court.
Ruling for 12/11/19: Cont. to 1/22/20 at 1:30 p.m. Court will do the order continuing the matter. All parties must be present at the continued hearing.
Ruling for 10/23/19:
Continued to December 11, 2019 at 1:30 p.m.
Ruling for 9/11/19: Cont. to 10/23/19 at 1:30 p.m. No new status report needed. Debtor must file and serve notice of continued status conference.
Ruling for June 11, 2019:
The chapter 11 status conference is continued to September 11, 2019 at 1:30 pm. Appearances on June 11, 2019 are excused.
The debtor shall promptly lodge an order: (i) establishing August 23, 2019 as the general bar date in this case, (ii) directing the debtor to serve notice of the bar date on the required local form no later than June 21, 2019; and (iii) establishing September 27, 2019 as the deadline to file a chapter 11 plan and disclosure statement.
The debtor also shall file and serve on all creditors a notice of continued chapter 11 status conference.
1:30 PM
Debtor(s):
Nilsa Quintana Represented By Lionel E Giron
1:30 PM
Docket 314
- NONE LISTED -
Debtor(s):
Glostation USA, Inc. Represented By Steven Werth David S Kupetz Jason D Strabo Claire K Wu Asa S Hami
1:30 PM
fr. 1/19/21
Docket 322
- NONE LISTED -
Debtor(s):
Glostation USA, Inc. Represented By Steven Werth David S Kupetz Jason D Strabo Claire K Wu Asa S Hami
1:30 PM
Docket 334
- NONE LISTED -
Debtor(s):
Glostation USA, Inc. Represented By Steven Werth David S Kupetz Jason D Strabo Claire K Wu Asa S Hami
1:30 PM
fr. 6/30/20, 9/2/20, 9/14/20; 11/10/20, 12/9/20
Docket 1
Ruling for December 9, 2020: Continued to 2/3/21 at 1:30 p.m. Debtor should
lodge an order setting forth the confirmation schedule.
Ruling for 9/14/20: Continued to 11/10/20 at 1:30 p.m. No later than 11/4/20, Debtor should file a proposed timeline for holding confirmation hearing, as well as additional deadlines. All other interested parties can respond by 11/9/20. Debtor should file and serve a notice of continued status conference with those dates. It should be served on the trustee, UST, 20 largest, and secured creditors.
Ruling for June 30, 2020
Continued to September 2, 2020 at 1:30 p.m. Debtor to file and serve a notice of continued status conference. Debtor to file and serve an updated status report by August 28, 2020.
Debtor(s):
Jay B. Reznick Represented By James R Selth Daniel J Weintraub
Crystle Jane Lindsey
1:30 PM
Trustee(s):
Gregory Kent Jones (TR) Pro Se
1:30 PM
Docket 151
- NONE LISTED -
Debtor(s):
Jay B. Reznick Represented By James R Selth Daniel J Weintraub
Crystle Jane Lindsey
Trustee(s):
Gregory Kent Jones (TR) Pro Se
1:30 PM
Granting Senior Secured And Other Liens And Superpriority Claims; (III) Granting Adequate Protection; (IV) Modifying The Automatic Stay; And (V) Granting Related Relief
fr. 11/6/20, 11/16/20, 11/23/20, 12/9/20, 1/5/21, 1/6/21
Docket 55
Ruling for January 6, 2021
Continued to February 3, 2021 at 1:30 p.m.
Ruling for January 5, 2021
Continued to January 6, 2021 at 1:30 p.m.
Ruling for November 23, 2020
The motion is approved on a final basis as to Gateway Four & Gateway Five. The motion is continued for a final hearing as to Gateway Two to December 9, 2020 at 9:00 a.m.
The trustee may set forthcoming applications to employ real estate brokers for December 9, 2020 at 9:00 a.m. without filing ex parte applications to shorten time.
Ruling for November 16, 2020
As to Gateway Two, the hearing is continued to November 23, 2020 at 10:00 a.m. As to Gateway Four, the proposed order attached as Exhibit 2 to the trustee's Supplemental Reply (case dkt. 89) is approved subject to the clarification that Romspen's lien for postpetition financing will not prime the County's lien for ad valorem real property taxes and is approved only on an interim basis. A final hearing will be held on November 23, 2020 at 10:00 a.m. Any opposition to final approval must be filed by 9:00 a.m. on November 23, 2020.
As to Gateway Five, the proposed order attached as Exhibit 4 to the trustee's
1:30 PM
Supplemental Reply (case dkt. 89) is approved subject to the clarification that Romspen's lien for postpetition financing will not prime the County's lien for ad valorem real property taxes and is approved only on an interim basis. A final hearing will be held on November 23, 2020 at 10:00 a.m. Any opposition to final approval must be filed by 9:00 a.m. on November 23, 2020. The parties are to continue negotiating regarding the section 506(c) waiver as indicated by the Court at the hearing.
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro
Movant(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
Docket 96
- NONE LISTED -
Debtor(s):
Super Calidad Auto Sales, Inc. Represented By Louis J Esbin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
1:30 PM
fr. 9/10/19, 11/12/19; 1/22/20, 5/13/20, 7/13/20, 10/27/20,
2/2/20
Docket 64
Ruling for 10/27/20: Continued to 2/2/21 at 1:30 p.m. Debtor to file and serve a notice of continued hearing.
Ruling for July 13, 2020: Continued to 10/27/20 at 1:30 p.m. Status report due no later than 10/13/20.
Final Ruling for May 13, 2020: Continued to 7/13/20 at 1:30 p.m. Debtor is required to file an updated status report no later than 6/29/20. Appearances waived.
May 13, 2020
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through June 30, 2020 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
1:30 PM
Ruling for January 22, 2020: The revised treatment of the plan does not materially affect the treatment of the creditors. Plan is confirmed. The Debtor shall upload an order that attaches the plan and the stipulations. The order on the plan should include the language from LBR 3020 about a post-confirmation status conference. Debtor may select a date for the status conference from the self-calendardates as posted on the website.
Ruling for 11/12/19: Continued to 1/22/20 at 1:30 p.m. File and serve any supplements by 1/8/20.
Debtor(s):
DAK Construction Corp. Represented By Giovanni Orantes Luis A Solorzano
1:30 PM
fr. 5/26/20, 8/12/20, 8/17/20, 10/1/20, 2/2/20
Docket 141
Ruling for 10/1/20:
Confirmed as to the second amended plan at docket number 148. The lodged confirmation order must express how the plan has been modified by the stipulation with Wells Fargo and state, verbatim, the terms which change the plan, e.g., the paragraph at page X is revised to state Y. Alternatively, the Debtors may file a modified second amended plan, redlined. The Court will not hold the lodged confirmation order for seven days. A post-confirmation status conference will be held on February 2, 2021 at 1:30 p.m and a post-confirmation status report complying with LBR 3020-1(b) by January 19, 2021.
Ruling for August 17, 2020
Debtors' motion to modify the first amended plan is granted.
The confirmation hearing is continued to October 1, 2020 at 1:30 p.m. By September 10, 2020, the Debtors shall file and serve a clean and redlined Second Amended Plan and Disclosure Statement addressing the payment of the postpetition property taxes and who is reponsible for paying property taxes and insurance going forward, declarations from both Debtors in support of confirmation, an unpdated Exhibit A1 cash flow projections and notice of the continued hearing. Any objections to confirmation of the Second Amended Plan shall be filed, along with admissible evidence, by September 17, 2020. Debtors' reply thereto shall be filed by September 24, 2020. The Debtors shall lodge a scheduling order.
Ruling for May 26, 2020: Amended plan and supporting evidence must be filed by 7/17/20. Continued to 8/12/20 at 1:30 p.m.
1:30 PM
Debtor(s):
Rosalinda Del Socorro Mendoza Represented By
Lionel E Giron Crystle Jane Lindsey Merdaud Jafarnia Joanne P Sanchez
Joint Debtor(s):
Jose Padilla Saldivar Represented By Lionel E Giron
Crystle Jane Lindsey Merdaud Jafarnia Joanne P Sanchez
10:00 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
10:00 AM
Docket 0
- NONE LISTED -
10:00 AM
Adv#: 1:19-01120 Seror v. Goldman et al
fr. 5/14/20 (stip); 9/24/20; 1/7/21. 1/8/21
Docket 1
Ruling for January 8, 2021: Continued to 2/4/21 at 10:00 a.m. No new status report is required.
Ruling for September 24, 2020: Continued to 1/8/21 at 1:30 p.m. The scheduling order is as follows: the last day to join parties and amend pleadings is 1/29/21. Also, 1/29/21 is the last day for discovery to be completed. The last day for pre-trial motions to be filed is 2/19/21.
Ruling for February 6, 2020: Continued to 5/14/20 at 1:30 p.m. The parties are ordered to go to mediation and it must be completed by the end of April 2020.
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Nicole Goldman Pro Se
Jasmin Ismail Pro Se
Ostrich House LLC, an Ohio limited Pro Se
Plaintiff(s):
David Seror Represented By
Jorge A Gaitan
10:00 AM
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan
10:00 AM
of the federal rules of bankruptcy procedure fr. 1/5/21, 1/8/21
Docket 41
Ruling for January 8, 2021: Continued to 2/4/21 at 10:00 a.m. Supplemental briefing in support of the motion must be filed and served no later than 1/20/21. Reply to the supplement must be filed by 1/29/21. The Court must receive the pleadings no later than 1/29/21.
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan Jessica L Bagdanov
10:00 AM
Adv#: 1:19-01048 Ismail v. Goldman et al
COUNTER CLAIM
Jasmin Ismail, Counter-Claimant, vs.
Nicole Goldman, an individual, Counter-Defendant
fr. 6/27/19 @1:30 p.m; 6/27/19, 9/12/19; 11/14/19,
12/12/19, 2/6/20; 5/14/20(stip), 9/24/20; 1/7/21, 1/8/21
Docket 1
Ruling for January 8, 2021: Continued to 2/4/21 at 10:00 a.m. No new status report is required.
Ruling for September 24, 2020: Continuted to 1/8/21 at 1:30 p.m. The scheduling order is as follows: the last day to join parties and amend pleadings is 1/29/21. Also, 1/29/21 is the last day for discovery to be completed. The last day for pre-trial motions to be filed is 2/19/21.
Ruling for February 6, 2020: Continued to 5/14/20 at 1:30 p.m. The parties are ordered to go to mediation and it must be completed by the end of April 2020.
Ruling for 9/12/19: Trustee is instructed to file a complaint within 30 days of the entry of a scheduling order. Status conference continued to 11/14/19 at 1:30 p.m. The motion for consolidation may be set at the same date and time. Trustee must lodge an order.
10:00 AM
Ruling for June 27, 2019:
Continued to September 12, 2019 at 2:30 p.m. The deadline to respond to the counter- claims is tolled until the Court rules on the trustee's forthcoming motion.
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Nicole Goldman Pro Se
Todd Harris Goldman Pro Se
Ostrich House, LLC Pro Se
Plaintiff(s):
Jasmin Ismail Represented By
Michael D Sobkowiak
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
10:00 AM
- NONE LISTED -
10:00 AM
RE: [17] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2011 Honda Pilot, VIN: 5FNYF4H55BB091022 . (Ith, Sheryl)
FR. 1-13-21
Docket 17
Tentative Ruling for February 10, 2021: Movant has properly served the co-owner of the property, Christopher Lee Carter. Therefore, as no opposition has been filed, the motion is granted except for paragraph 11. Appearances are waived. The moving party shall lodge a conforming order no later than February 17, 2021.
Carter. Appearances are waived.
Debtor(s):
Russell Emmanuel Salazar Pro Se
Joint Debtor(s):
Nicole Renee Salazar Pro Se
Movant(s):
Santander Consumer USA Inc. Represented By Sheryl K Ith
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [232] Motion to Reconsider (related documents 178 Order on Motion for Turnover of Property (BNC-PDF)) Notice of Motion and Motion for Reconsideration of Order Granting Motion for Order Compelling Turnover of Property of the Estate and Sustaining Objection to Claimed Exemption; Memorandum of Points and Authorities and Declarations of Mahmood Jafroodi and Darlene Tardiff in Support Thereof
FR. 2-2-21
Docket 232
- NONE LISTED -
Debtor(s):
Mahmood Jafroodi Represented By David Seror
Jessica L Bagdanov Ryan Coy
Movant(s):
Mahmood Jafroodi Represented By David Seror
Jessica L Bagdanov Ryan Coy
Trustee(s):
Jerry Namba (TR) Represented By Chad V Haes
D Edward Hays Laila Masud
11:30 AM
RE: [134] Motion for Turnover of Property Trustee's Motion for Order Compelling Debtor to Turn Over Property of the Estate and Cooperate with Trustee; Memo Points and Authorities; Declarations of Sandra K. McBeth, Felicita A. Torres and Fritz Kling (Torres, Felicita)
FR. 1-13-21
Docket 134
Ruling for January 13, 2021: Continued to 2/10/21 at 11:30 a.m. Trustee may respond to the late-filed opposition by 2/3/21. Mr. Kwasigroch is sanctioned in the amount of $425 for his failure to file a timely opposition and timely motion to continue the hearing. It is payable directly to the Trustee within four weeks.
Debtor(s):
Mindy Chapman-Shapiro Represented By
Michael D Kwasigroch
Movant(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
RE: [143] Motion to Abandon .
Docket 143
- NONE LISTED -
Debtor(s):
Mindy Chapman-Shapiro Represented By
Michael D Kwasigroch
Movant(s):
Mindy Chapman-Shapiro Represented By
Michael D Kwasigroch
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
RE: [1] Chapter 7 Involuntary Petition Against an Individual Michael I. Gauss. (Filed by attorney Robert M Yaspan, Petitioning Creditors: Rasel, Ltd., Consul Group RE 2021, S.R.L, NEEW TNG fka RSW Investments Group Ltd, SWIG AMERICA CONSULTING, LLC, Arteam Consult, Ltd, Genius of Wealth, LLC, and SWIG International Ltd.)
Docket 1
- NONE LISTED -
Debtor(s):
Michael I. Gauss Pro Se
1:30 PM
Docket 195
- NONE LISTED -
Debtor(s):
Steven Gregory Ow Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
FR. 8-16-19, 11-20-19, 2-10-20, 3-25-20, 5-20-20, 8-5-20, 9-16-20, 12-4-20
Docket 1
Ruling for December 4, 2020:
Continued to February 10, 2021 at 1:30 p.m. No new status report is required.
Ruling for September 16, 2020: Continued to 12/16/20 at 1:30. Deadline to file plan and disclosure statement is 10/16/20. Debtor may calendar a hearing on the disclosure statement for 12/16/20 at 1:30 p.m. An updated status report is not required.
Ruling for 8/5/20:
Continued to 9/16/20 at 1:30 p.m. Debtor to file and serve a notice of continued status conference.
Ruling for 2/10/20: Continued to 3/25/20 at 1:30. Updated status report requirement is waived.
Ruling for November 20, 2019:
Continued to February 10, 2020 at 1:30 p.m. No updated status report is required. The deadline for the Debtor to file his plan and disclosure statement is extended to December 13, 2019.
Ruling for 8/16/19: Continued to 11/20/19 at 1:30 p.m. The bar date is set for 10/25/19. The notice of bar date should be mailed by 8/23/19. The plan and disclosure statement should be filed by 11/22/19.
Debtor(s):
Steven Gregory Ow Represented By Matthew D. Resnik
1:30 PM
Roksana D. Moradi-Brovia
1:30 PM
RE: [3] Motion Regarding Chapter 11 First Day Motions - Notice of Emergency Motion and Emergency Motion of Debtor for Order Authorizing Debtor to Honor Certain Prepetition Obligations to Customers; Memorandum of Points and Authorities in Support
FR. 10-7-20, 10-8-20, 10-14-20, 11-3-20, 11-5-20, 11-13-20, 12-15-20,
12-30-20,
1-7-21
Docket 3
Tentative Ruling for February 10, 2021: Grant on a final basis. No opposition to entry of a final order has been filed; appearances waived. The Debtor shall lodge a conforming order no later than February 17, 2021.
Ruling for January 7, 2021: Cont. to 2/10/21 at 1:30 p.m. Debtor to give notice of continuance. Objection to a final order is due on 1/27/21. A reply is due on 2/3/21.
Ruling for December 15, 2020: Continued to 12/30/20 at 9:00 a.m.
Final Ruling for November 13, 2020: Continued to 12/3/20 at 1:30 p.m.
Ruling for November 5, 2020: Continued to 11/13/20 at 10:00 a.m.
Ruling for October 14, 2020: Continued to 11/3/20 at 10:00 a.m.
Ruling for October 8, 2020: Interim relief granted. Continued to 10/14/20 at 12:00 p.m.
1:30 PM
Ruling for October 7, 2020: Continued to 10/8/20 at 2:00 p.m. Debtor must file a statement no later than 11:30 a.m. on 10/8/20.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
RE: [8] Motion Regarding Chapter 11 First Day Motions - Notice of Emergency Motion and Emergency Motion of Debtor for Order Authorizing Debtor to Pay and Honor Prepetition Wages, Salaries, and Other Compensation and Benefits; Memorandum of Points and Authorities in Support
FR. 10-7-20, 10-8-20, 10-14-20, 11-3-20, 11-5-20, 11-13-20, 12-15-20,
12-30-20,
1-7-21
Docket 8
Tentative Ruling for February 10, 2021: Grant on a final basis. No opposition to entry of a final order has been filed; appearances waived. The Debtor shall lodge a conforming order no later than February 17, 2021.
Ruling for January 7, 2021: Cont. to 2/10/21 at 1:30 p.m. Debtor to give notice of continuance. Objection to a final order is due on 1/27/21. A reply is due on 2/3/21.
Ruling for December 15, 2020: Continued to 12/30/20 at 9:00 a.m.
Final Ruling for November 13, 2020: Continued to 12/3/20 at 1:30 p.m.
Ruling for November 5, 2020: Continued to 11/13/20 at 10:00 a.m.
Ruling for October 14, 2020: Continued to 11/3/20 at 10:00 a.m.
Ruling for October 8, 2020: Grant interim relief. Continued to 10/14/20 at 12:00 p.m.
1:30 PM
Ruling for October 7, 2020: Continued to 10/8/20 at 2:00 p.m. Debtor must file a statement no later than 11:30 a.m. on 10/8/20.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
2:30 PM
Adv#: 9:19-01051 Griswold v. Offshore Marina, Inc.
RE: [1] Adversary case 9:19-ap-01051. Complaint by Greg Griswold against Offshore Marina, Inc. . (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))
FR. 12-4-19, 3-25-20, 7-15-20, 9-30-20, 12-4-20, 1-20-21
Docket 1
Ruling for September 30, 2020: Cont. to 12/16/20 at 2:30 p.m.
Ruling for 3/25/20: Continued to 7/15/20 at 2:30 p.m. Court will issue an order of continuance.
March 25, 2020
Telephonic Hearing Only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT
(866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for December 4, 2019:
The Plaintiff is permitted to appear telephonically on future status conferences unless a motion for summary judgment is on calendar.
Debtor(s):
Greg Griswold Pro Se
Defendant(s):
Offshore Marina, Inc. Pro Se
2:30 PM
Plaintiff(s):
Greg Griswold Pro Se
Trustee(s):
Jerry Namba (TR) Represented By Meghann A Triplett
2:30 PM
Adv#: 9:19-01051 Griswold v. Offshore Marina, Inc.
Docket 21
- NONE LISTED -
Debtor(s):
Greg Griswold Pro Se
Defendant(s):
Offshore Marina, Inc. Pro Se
Plaintiff(s):
Greg Griswold Pro Se
Trustee(s):
Jerry Namba (TR) Represented By Meghann A Triplett
2:30 PM
Adv#: 9:19-01076 Faith, Chapter 7 Trustee v. MacDonald et al
RE: [1] Adversary case 9:19-ap-01076. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Joan R. MacDonald, Joan R. MacDonald, as Trustee of the Chamberlain-MacDonald Living Trust dated May 29, 1993. (Charge To Estate). Complaint For: (1) Avoidance of Actual Fraudulent Transfers [11 U.S.C. §§ 544, 548(a)(1)(A); Cal. Civ. Code §§ 3439.04, 3439.07, 3439.09]; (2) Avoidance of Fraudulent Transfers [11 U.S.C. § 544, 548(a)(1)(B); Cal. Civ. Code §§ 3439.05, 3439.07, 3439.09]; and (3)Recovery of Avoided Transfers [11 U.S.C.§ 550] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Madoyan, Noreen)
FR. 1-15-20, 3-11-20, 5-20-20, 8-26-20, 11-18-20, 12-4-20
Docket 1
Ruling for August 26, 2020: Continued to 11/18/20 at 2:30 p.m.
Ruling for May 20, 2020:
Status conference continued to 8/26/20 @ 2:30 p.m. A joint status report to be filed by 8/12/20. The last day to amend the pleadings and join other parties is 9/11/20. The last day for discovery to be completed, including receiving responses to discovery requests, is 9/11/20. The last day for case dispositive pretrial motions is 9/30/20. The last date for such motions to be heard is 11/18/20. Plaintiff to lodge a scheduling order.
Ruling for March 11, 2020: Continued to 5/20/20 at 2:30 p.m. Updated status report must be filed two weeks prior to the status conference.
Tentative Ruling for March 11, 2020
Appearance by telephone is authorized for all parties.
2:30 PM
Debtor(s):
Jeffrey Paul Chamberlain Represented By Heidi Hohler
Defendant(s):
Joan R. MacDonald Represented By Robert D Bass
Joan R. MacDonald, as Trustee of Pro Se
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Noreen A Madoyan Meghann A Triplett
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
2:30 PM
Adv#: 9:19-01078 Elias v. Lieberman
RE: [1] Adversary case 9:19-ap-01078. Complaint by Patricia Elias against Craig Alan Lieberman . willful and malicious injury)) (Ortiz, Amber)
FR. 1-29-20, 6-3-20, 6-17-20, 8-26-20, 11-4-20
Docket 1
Tentative Ruling for August 26, 2020: Continued to 11/4/20 at 2:30 p.m. A status report must be filed no later than 10/21/20. Appearances are waived.
Ruling for June 17, 2020 Continued to 8/26/20 at 2:30 p.m No updated status report required.
Tentative Ruling for January 29, 2020
In light of the pending criminal matter and related proceedings, continue status conference to June 3, 2020 at 2:30 pm and require an updated joint status report
2:30 PM
(including a proposed litigation schedule), to be filed no later than May 27, 2020. If counsel for plaintiff and defendant BOTH concur with this tentative ruling, their appearance on January 29, 2020 is excused. Otherwise, both should appear.
Debtor(s):
Craig Alan Lieberman Represented By Reed H Olmstead
Defendant(s):
Craig Alan Lieberman Represented By Reed H Olmstead
Plaintiff(s):
Patricia Elias Represented By
Chad M. Prentice
2:30 PM
Adv#: 9:20-01045 McBeth v. Borsack
RE: [1] Adversary case 9:20-ap-01045. Complaint by Sandra K. McBeth against Carmen Corcoba Borsack. ($350.00 Fee Charge To Estate). - Adversary Proceeding Cover Sheet and Complaint to Sell Interest of Estate and of Co- Owner in Real Property Pursuant to 11 U.S.C.§ 363(h). Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Torres, Felicita)
FR. 10-21-20, 12-4-20
Docket 1
Ruling for December 4, 2020:
Continued to February 10, 2021 at 2:30 p.m. A joint status report is due February 3, 2021.
Last day to complete discovery, including receipt of all discvoery requests, and to amend pleadings, or to seek leave to do so, is March 31, 2021.
Last day to file case-dispositive motions is April 14, 2021.
Last day for case-dispositive motions to be heard is May 26, 2021. The trustee to lodge a Rule 16 scheduling order.
Ruling for October 21, 2020: Continued to 12/16/20 at 2:30 p.m. Trustee should file and serve a notice of continued status conference.
Debtor(s):
Donald Carl Goldammer Pro Se
Defendant(s):
Carmen Corcoba Borsack Pro Se
2:30 PM
Joint Debtor(s):
Yolanda Marie Goldammer Pro Se
Plaintiff(s):
Sandra K. McBeth Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder
2:30 PM
Adv#: 9:20-01047 McBeth,Chapter 7 Trustee v. Oakes et al
RE: [1] Adversary case 9:20-ap-01047. Complaint by Sandra K McBeth,Chapter 7 Trustee against Patrick D. Oakes, Jeannette Palazules. ($350.00 Fee Charge To Estate). Complaint for: (1) Declaratory Judgment; (2) Quiet Title; and (3) Turnover of Property of the Estate [11 U.S.C. §§ 541, 542] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (91 (Declaratory judgment)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)) (Triplett, Meghann)
FR. 10-21-20, 12-4-20
Docket 1
Ruling for December 4, 2020: Continued to February 10, 2021 at 2:30 p.m. No appearances required on December 4, 2020.
Ruling for October 21, 2020
Continue to December 16, 2020 at 2:30 p.m. The parties shall file a status report by December 2, 2020. Appearances waived for October 21, 2020.
Debtor(s):
Wanda E Oakes Represented By David L Hagan
Defendant(s):
Patrick D. Oakes Pro Se
Jeannette Palazules Pro Se
2:30 PM
Plaintiff(s):
Sandra K McBeth,Chapter 7 Trustee Represented By
Meghann A Triplett
Trustee(s):
Sandra McBeth (TR) Represented By Meghann A Triplett
2:30 PM
Adv#: 9:20-01042 Robert M. Gurfield Living Trust et al v. Albawab
RE: [1] Adversary case 9:20-ap-01042. Complaint by Robert M. Gurfield Living Trust against Bashar Albawab. false pretenses, false representation, actual fraud)) (Winfield, William)
FR. 9-30-20, 12-4-20
Docket 1
Ruling for December 4, 2020: Continued to February 10, 2021 at 2:30 p.m. No appearances required on December 4, 2020.
Ruling for September 30, 2020: Continued to 12/16/20 at 2:30 p.m.
Debtor(s):
Bashar Albawab Represented By Brian Nomi
Defendant(s):
Bashar Albawab Pro Se
Plaintiff(s):
Robert M. Gurfield Living Trust Represented By
William E. Winfield
Robert M. Gurfield Represented By William E. Winfield
Trustee(s):
Jerry Namba (TR) Represented By Meghann A Triplett
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
10:00 AM
- NONE LISTED -
10:00 AM
Docket 1539
Final Ruling for February 11, 2021
LBR 9020-1 does not require motions for the issuance of an order to show cause re: contempt. The trustee, however, set this Motion for hearing. As no opposition was filed in response to the Motion, no purpose will be served by holding a hearing on the Motion. Appearances on February 11, 2021 are waived. The Court will take the Motion under submission.
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
Docket 1550
Final Ruling for February 11, 2021
As no opposition was filed in response to the Motion, no purpose will be served by holding a hearing on the Motion. The Motion is granted. Appearances on February 11, 2021 are waived. The trustee shall lodge an order no later than February 18, 2021.
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
Adv#: 9:20-01039 McConnell, Chapter 11 Trustee v. California Asphalt Production, Inc., a
RE: [1] Adversary case 9:20-ap-01039. Complaint by Michael A. McConnell, Chapter 11 Trustee against California Asphalt Production, Inc., a California corporation, GTL1, LLC a Colorado limited liability company, GIT, INC., a Colorado corporation. (Charge To Estate). Trustee's Complaint: (1) For Declaratory Relief; and (2) For Violation of Automatic Stay Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Singh, Sonia)
FR. 9-29-20, 11-5-20
Docket 1
Ruling for November 5, 2020
Consolidated with 20-01048, 20-1049 & 20-1050. Defendants amended answer(s) & counterclaims to be filed by December 31, 2020. The trustee's response to any such counterclaims will be due as provided by Rule 15(a)(3). A status conference will be held on February 11, 2021 at 10:00 a.m.
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
California Asphalt Production, Inc., Pro Se GTL1, LLC a Colorado limited Pro Se GIT, INC., a Colorado corporation Pro Se
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
10:00 AM
Trustee(s):
Sonia Singh George E Schulman
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
10:00 AM
Docket 0
10:00 AM
Approving sale of real property owned by the Gateway Two, LP bankruptcy estate free and clear of all liens, claims, encumbrances and other Interests; (2) Waiving the 14-day stay period set forth in bankruptcy rule 6004(h); and (3) Granting related relief
Docket 194
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
8:30 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
8:30 AM
Docket 0
- NONE LISTED -
11:00 AM
Docket 55
- NONE LISTED -
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan Jessica L Bagdanov Aram Ordubegian Annie Y Stoops
11:00 AM
Docket 244
Final Ruling for February 16, 2021
Fees and expenses approved pursuant to the Stipulation between the Chapter 7 Trustee and Applicant Bryner Crosby, APC. Applicant to lodge a conforming order by February 22, 2021. Appearances on February 16, 2021 waived.
Debtor(s):
Freshstart Home Solutions, LLC Represented By
Candice Candice Bryner
Trustee(s):
Jason M Rund (TR) Represented By Thomas H Casey
11:00 AM
fr. 2/16/21 (1:30 p.m.).
Docket 240
Final Ruling for February 16, 2021
Fees and expenses approved pursuant to the Stipulation between the Chapter 7 Trustee and Applicant Bryner Totaro & Shanahan. Applicant to lodge a conforming order by February 22, 2021. Appearances on February 16, 2021 waived.
Debtor(s):
Freshstart Home Solutions, LLC Represented By
Candice Candice Bryner
Trustee(s):
Jason M Rund (TR) Represented By Thomas H Casey
1:30 PM
11 U.S.C.§§ 327 and 328 in Gateway Five, LLC bankruptcy case
Docket 150
- NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Parmelee Investments LLC Represented By Matthew Abbasi
1:30 PM
Docket 13
Ruling for 10/27/20: Continued to 2/16/21 at 1:30 p.m.
Ruling for September 22, 2020:
Continued to October 27, 2020 at 1:30 p.m.
Debtor(s):
Super Calidad Auto Sales, Inc. Represented By Louis J Esbin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
1:30 PM
9/2/20, 9/14/20; 9/22/20; 10/27/20
Docket 1
Ruling for 10/27/20: Continued to 2/16/21 at 1:30 p.m. Debtor to file and serve a notice of continued status conference.
Ruling for September 22, 2020:
Continued to October 27, 2020 @ 1:30 pm
Debtor(s):
Super Calidad Auto Sales, Inc. Represented By Louis J Esbin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
1:30 PM
Docket 141
- NONE LISTED -
Debtor(s):
Sergio Anthony Castaneda Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Joint Debtor(s):
Irene Alvarez-Castaneda Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
Docket 140
- NONE LISTED -
Debtor(s):
Sergio Anthony Castaneda Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Joint Debtor(s):
Irene Alvarez-Castaneda Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
Docket 139
- NONE LISTED -
Debtor(s):
Sergio Anthony Castaneda Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Joint Debtor(s):
Irene Alvarez-Castaneda Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
WILMINGTON TRUST, NATIONAL ASSOCIATION fr. 11/10/20, 12/9/20; 1/19/21. 2/3/21
Docket 101
Ruling for February 3, 2021: Continued to 2/16/21 at 1:30 p.m.
Ruling for December 9, 2020: Continued to 1/19/21 at 10:00 a.m.
Debtor(s):
Sergio Anthony Castaneda Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Joint Debtor(s):
Irene Alvarez-Castaneda Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
Wilmington Trust, National Represented By Darlene C Vigil
1:30 PM
fr. 1/22/20, 3/17/20, 5/26/20, 8/12/20, 8/17/20, 10/27/20. 11/10/20, 2/2/20. 2/3/21
Docket 1
Ruling for February 3, 2021: Continued to 2/16/21 at 1:30 p.m.
Tentative Ruling for October 27, 2020: The status conference is continued to November 10, 2020 at 1:30 p.m. Appearances are waived.
Ruling for August 17, 2020
The deadline to file a plan and disclosure statement is extended to September 4, 2020. Debtors shall lodge an order re: that extension. Continued to October 27, 2020 at 1:30 p.m.
Final Ruling for March 17, 2020: The status conference is continued to 5/26/20 at 1:30 p.m. Also, the Debtor's motion to value collateral, which is currently set for hearing on 4/1/20 at 1:30 p.m., will be continued to 5/26/20 at 1:30 p.m. Appearances for the 3/17/20 status conference are waived.
Tentative Ruling for January 22, 2020: The chapter 11 status conference is continued to 3/17/20 at 1:30 p.m. The deadline to file proofs of claim is 4/3/20. Debtor must file and serve a notice of claims bar date no later than 1/31/20. At this time, the Court does not believe a deadline for objections to claims is necessary.
Appearances waived.
1:30 PM
Debtor(s):
Sergio Anthony Castaneda Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Joint Debtor(s):
Irene Alvarez-Castaneda Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
fr. 11/10/20, 12/9/20
Docket 116
Ruling for December 9, 2020: Continued to 2/16/21 at 1:30 p.m. Supplement due by 2/9/21.
Ruling for November 10, 2020: Continued to 12/9/20 at 1:30 p.m. Debtor to file and serve a notice of continued hearing no later than 11/13/20. The notice should indicate Debtor filed a 2nd amended plan on 10/28/20. The modifications should be explained. It should also note an objection deadline of 11/24/20. Debtor may reply by 12/2/20.
Debtor(s):
Jose Jesus Ortiz Represented By Lionel E Giron
Crystle Jane Lindsey Joanne P Sanchez
1:30 PM
fr. 3/26/19; 5/28/19; 8/21/19, 11/15/19, 12/11/19, 4/1/20, 5/26/20, 8/12/20, 8/17/20, 11/10/10, 12/9/20
Docket 1
Ruling for December 9, 2020: Continued to 2/16/21 at 1:30 p.m.
Ruling for August 17, 2020
Continued to November 10, 2020 at 1:30 p.m.
Ruling for May 26, 2020: Continued to 8/12/20 at 1:30 p.m.
Ruling for April 1, 2020: Debtor to send out notice setting disclosure statement hearing for 5/26/20 at 1:30. The chapter 11 status conference is also continued to 5/26/20 at 1:30 p.m. Updated status report is not required.
Ruling for 8/21/19: Debtor to lodge a scheduling order regarding plan and disclosure statement deadline of 11/15/19. Scheduling order should also continue the status conference to 12/11/19 at 1:30 p.m. Debtor should file an update.
Ruling for May 28, 2019:
Continued to August 21, 2019 at 1:30 p.m. Debtor to file an updated status report by August 7, 2019. Appearances waived.
Ruling for March 26, 2019:
The general claims bar date is May 28, 2019. Debtor shall serve notice of the bar date
1:30 PM
by April 9, 2019. Continued to May 28, 2019 at 1:30 p.m. Debtor shall file and serve notice of the continued status conference. Debtor to lodge a bar date order.
Debtor(s):
Jose Jesus Ortiz Represented By Lionel E Giron
1:30 PM
Docket 240
- NONE LISTED -
Debtor(s):
Freshstart Home Solutions, LLC Represented By
Candice Candice Bryner
Trustee(s):
Jason M Rund (TR) Represented By Thomas H Casey
1:30 PM
Docket 144
Ruling for November 20, 2020: Continued to February 16, 2021 at 1:30 p.m. Objections to be filed by February 2, 2021. Debtor to give notice to all creditors, including those listed on the record as having not been served, with notice of the continued hearing and notice of the objection deadline.
Debtor(s):
Ross Friedman Represented By Stella A Havkin
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
fr. 4/28/20, 9/2/20, 9/14/20, 10/1/20, 11/20/20
Docket 1
Ruling for November 20, 2020: Continued to 2/16/21 at 1:30 p.m.
Ruling for October 1, 2020:
Tentative adopted.
Tentative Ruling on October 1, 2020
Continued to November 20, 2020 at 1:30 p.m.. No new status report required as the confirmation hearing is set for the same date and time. Appearances on October 1, 2020 waived.
Ruling for 4/28/20: Debtor's counsel should lodge an order providing for the following: Bar date is set for 6/19/20; Notice of bar date should be filed by 5/1/20. Deadline to file plan and disclosure statement is 7/20/20. Debtor should file objections to claims by 7/10/20. Status conference continued to ??? (Court will do an order with continued status conf date.)
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
1:30 PM
Debtor(s):
Ross Friedman Represented By Stella A Havkin
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
Docket 1
Ruling for November 20, 2020: The docket erroneously indicates there is a plan and disclosure statement deadline. The Court vacates this deadline. The Court sets a general bar date of 2/12/21. Debtor must mail the notice of bar date no later than 11/30/20. Continued to 2/16/21 at 1:30 p.m. Updated status report is due 2/2/21.
Debtor(s):
Cross Country Holdings Partnership, Represented By
Raymond H. Aver
1:30 PM
Docket 68
- NONE LISTED -
Debtor(s):
ARM Management LLC Represented By
R Grace Rodriguez
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
ARM Management LLC Represented By
R Grace Rodriguez
1:30 PM
fr. 12/11/19; 1/22/20 (stip), 2/19/20; 5/13/20 (stip) advanced fr. 6/10/20, 6/8/20, 9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20. 12/8/20
Docket 59
Ruling for December 8, 2020
Continued to February 16, 2021 @ 1:30 p.m. If Movants choose to supplement the Motion with new grounds for relief, those papers must be filed by January 26, 2021. Debtors' response will be due February 2, 2021 and any supplemental reply will be due February 9, 2021.
Ruling for November 9, 2020
Continued to December 8, 2020 @ 1:30 p.m.
Ruling for October 1, 2020:
Continued to November 6, 2020 at 10:00 a.m.
Ruling for June 8, 2020: Continued to 9/2/20 at 1:30 p.m. 8/19/20 is deadline for Movant to file supplement. 8/26/20 is the deadline for the Debtor to respond. The parties are ordered to meet and confer on a discovery schedule within the next 10 days.
Ruling for 2/19/20:
Continued to May 13, 2020 at 1:30 p.m.
1:30 PM
Ruling for December 11, 2019
Continued to 1/22/20 at 1:30 p.m.
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
1:30 PM
Docket 295
- NONE LISTED -
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Gregory Kent Jones (TR) Pro Se
1:30 PM
fr. 11/13/19 (stip) ; 12/11/19 (stip); 1/22/20 (stip); 4/1/20(stip); 5/13/20 (stip)
advanced fr. 6/10/20, 6/8/20, 9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20, 12/8/20
Docket 41
Ruling for December 8, 2020
Continued to February 16, 2021 @ 1:30 p.m. to trail the amended disclosure statement.
Ruling for November 9, 2020
Continued to December 8, 2020 @ 1:30 p.m.
Ruling for October 1, 2020:
Continued to November 6, 2020 at 10:00 a.m.
Ruling for June 8, 2020: Continued to 9/2/20 at 1:30 p.m. However, no new briefing is ordered. This will be a status conference on the motion.
April 1, 2020
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No.
1:30 PM
making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
1:30 PM
Docket 299
NONE LISTED -
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Gregory Kent Jones (TR) Pro Se
1:30 PM
fr. 9/10/19, 12/11/19, 1/22/20, 3/19/20, 5/13/20, 6/8/20,
9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20. 12/8/20
Docket 1
Ruling for December 8, 2020
The Rule 2015.3 reports which were due in September 2020 must be filed by December 22, 2020.
Debtors amended disclosure statement and amended plan, including redlines, to be filed by January 26, 2021. Objections to the amended disclosure statement to be filed by February 2, 2021. Debtors reply to any such objections to be filed by February 9, 2020. A hearing on the forthcoming amended disclosure statement will be held February 16, 2021 @ 1:30 p.m.
The status conference is continued to February 16, 2021 @ 1:30 p.m.
Ruling for November 9, 2020
Continued to December 8, 2020 @ 1:30 p.m.
Ruling for October 1, 2020:
Continued to November 6, 2020 at 10:00 a.m.
Ruling for June 8, 2020: Plan confirmation hearing set for 9/2/20 at 1:30 p.m. Deadline for objections to plan confirmation is 8/19/20. Deadline for the Debtor to file a brief in support of confirmation and response to objections is 8/26/20. No new status report needed.
Ruling for May 13, 2020:
1:30 PM
Continued to June 8, 2020 at 1:30 p.m. Debtor to file and serve a notice of continuance.
May 13, 2020
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through June 30, 2020 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
Ruling for December 11, 2019
Continued to 1/22/20 at 1:30 p.m.
Ruling for September 10, 2019
The application to employ the Orantes Law Firm is set for hearing on October 7, 2019 at 1:30 p.m. The Orantes Law Firm shall files its supplemental brief by September 23, 2019 on the issues identified by the Court during the status conference. Any opposition shall be filed by September 30, 2019.
The bar date is set for November 1, 2019. Notice of the bar date to be filed and served by September 17, 2019.
Continued to December 11, 2019 at 1:30 p.m. Dtr to file and serve a notice of continued status conference. Dtr to file an updated status report by November 27, 2019.
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes
1:30 PM
2:30 PM
relief from the automatic stay and
transfer of venue
Docket 16
NONE LISTED -
Debtor(s):
James Alexander Represented By David B Golubchik
Trustee(s):
Gregory Kent Jones (TR) Pro Se
3:00 PM
Requiring Adequate Protection Pursuant to 11 U.S.C. Section 363(e)
Docket 19
NONE LISTED -
Debtor(s):
Clear Distribution, LLC Represented By Sevan Gorginian
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
1:30 PM
Docket 0
Docket 1
Debtor(s):
Cross Country Holdings Partnership, Represented By
Raymond H. Aver | ||
1:20-11492 | ARM Management LLC | Chapter 11 |
#2.00 | Motion to convert case from chapter 11 to 7 fr. 2/16/21 | |
Docket 68 |
Debtor(s):
ARM Management LLC Represented By
R Grace Rodriguez
1:30 PM
Docket 1
Debtor(s):
ARM Management LLC Represented By
R Grace Rodriguez
fr. 12/11/19; 1/22/20 (stip), 2/19/20; 5/13/20 (stip) advanced fr. 6/10/20, 6/8/20, 9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20. 12/8/20, 2/16/21
Docket 59
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
1:30 PM
2/16/21
Docket 295
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Gregory Kent Jones (TR) Pro Se
1:19-11657 | Pierrick Brillouet and Yong Chu Kim-Brillouet | Chapter 11 |
#6.00 | Creditor's motion to disallow debtors' claimed homestead exemption | |
fr. 11/13/19 (stip) ; 12/11/19 (stip); 1/22/20 (stip); 4/1/20(stip); 5/13/20 (stip) advanced fr. 6/10/20, 6/8/20, 9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20, 12/8/20, 2/16/21 |
1:30 PM
Docket 41
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
fr. 2/16/21
Docket 299
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By
1:30 PM
Trustee(s):
Giovanni Orantes Luis A Solorzano
Gregory Kent Jones (TR) Pro Se
fr. 9/10/19, 12/11/19, 1/22/20, 3/19/20, 5/13/20, 6/8/20,
9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20. 12/8/20,
2/16/21
Docket 1
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes
10:00 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
10:00 AM
Docket 0
NONE LISTED -
10:00 AM
(II) Granting Senior Secured And Other Liens And Superpriority Claims; (III) Granting Adequate Protection; (IV) Modifying The Automatic Stay; And (V) Granting Related Relief
fr. 11/6/20, 11/16/20, 11/23/20, 12/9/20, 1/5/21, 1/6/21, 2/3/21
Docket 55
Ruling for February 3, 2021: Granted on a final basis.
Ruling for January 6, 2021
Continued to February 3, 2021 at 1:30 p.m.
Ruling for January 5, 2021
Continued to January 6, 2021 at 1:30 p.m.
Ruling for November 23, 2020
The motion is approved on a final basis as to Gateway Four & Gateway Five. The motion is continued for a final hearing as to Gateway Two to December 9, 2020 at 9:00 a.m.
The trustee may set forthcoming applications to employ real estate brokers for December 9, 2020 at 9:00 a.m. without filing ex parte applications to shorten time.
Ruling for November 16, 2020
As to Gateway Two, the hearing is continued to November 23, 2020 at 10:00 a.m. As to Gateway Four, the proposed order attached as Exhibit 2 to the trustee's Supplemental Reply (case dkt. 89) is approved subject to the clarification that Romspen's lien for postpetition financing will not prime the County's lien for ad valorem real property taxes and is approved only on an interim basis. A final hearing
10:00 AM
will be held on November 23, 2020 at 10:00 a.m. Any opposition to final approval must be filed by 9:00 a.m. on November 23, 2020.
As to Gateway Five, the proposed order attached as Exhibit 4 to the trustee's Supplemental Reply (case dkt. 89) is approved subject to the clarification that Romspen's lien for postpetition financing will not prime the County's lien for ad valorem real property taxes and is approved only on an interim basis. A final hearing will be held on November 23, 2020 at 10:00 a.m. Any opposition to final approval must be filed by 9:00 a.m. on November 23, 2020. The parties are to continue negotiating regarding the section 506(c) waiver as indicated by the Court at the hearing.
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro
Movant(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
10:00 AM
Approving, on an interim basis, the stipulation authorizing chapter 11 trustee to continue using the cash collateral of the Gateway Four, LP Bankruptcy Estate;
Scheduling a final hearing on this motion and the stipulation; and
Granting Related Relief fr. 2/3/21
Docket 213
Ruling for February 3, 2021: Continued for final approval to 2/18/21 at 10:00 a.m. Trustee must file and serve a notice of hearing by 2/4/21. The notice of hearing should include the posted Zoom information. The notice should include what the Court approved at this hearing. Objection must be received by 2/16/21. Response to the objection may be filed anytime before 2/18/21.
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
and Ghorbanian DDS II, Inc. [claim no. 7] or, in the alternative to estimate claim for allowance purposes
fr. 5/7/19; 5/13/19, 6/11/19; 7/17/19, 12/5/19, (advanced fr.12/11/19), 12/10/19, 2/19/20; 4/1/20; 6/10/20, 8/12/20, 9/2/20,
9/14/20, 12/9/20
Docket 268
Ruling for 9/14/20: Continued to 12/9/20 at 11:00 a.m. Parties are ordered to mediate. This will be noted on the docket. Parties should agree to a mediator and then lodge an order.
Ruling for April 1, 2020: Continued to June 10, 2020 at 1:30 p.m. The parties must file and serve a status report no later than May 27, 2020. Appearances are waived.
April 1, 2020
April 1, 2020
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of
1:30 PM
the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT ((888)-882-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for 2/19/20: Continued to 4/1/20 at 11:00 a.m.
Ruling for 12/10/19: Continued as a status conference until after the chapter 7 trustee is appointed. Continued to 2/19/20 at 11:00 a.m. Ghorbanians must file and serve a notice of continued status conference.
Ruling for July 17, 2019
The Ghorbanian Parties are ordered to produce documents, and serve amended responses / objections, to the subpoena served by the Debtor no later than July 31, 2019. The Court approves all other provisions of the parties' stipulation/status reports. Debtor shall lodge an order approving. In the future the parties are admonished to prepare a proper discovery stipulation rather than each side filing a "status report" regarding the discovery dispute. No further status conference will be held on this motion. The pretrial conference remains on calendar for December 5, 2019 at 2:30 p.m.
Ruling for 6/11/19: Continued as status conference to 7/17/19 at 1:30 p.m. Evidentiary hearing set for 12/16/19 at 10:00 a.m., afternoon of 12/17, and 12/20/19 at 10:00 a.m.
Rulilng for 5/13/19: Continued to 6/11/19 at 1:30 p.m.
Ruling for 5/7/19: Continued to 5/13/19 at 10:00 a.m. as a status conference.
1:30 PM
Debtor(s):
Mohammad Sadegh Namazikhah Represented By
Raymond H. Aver
1:30 PM
Adv#: 1:20-01073 Seror, Chapter 7 Trustee v. Wallace
objecting to entry of discharge pursuant to 11 U.S.C. §§ 727(a) and (c) and objection / revocation of discharge - 727(c),(d),(e)
fr. 9/24/20; 1/21/21
Docket 1
Ruling for September 24, 2020: Continued to 1/22/21 at 1:30 p.m. Non-expert discovery cut-off is 5/31/21. Joint status report or stipulation regarding balance of litigation schedule must be filed by 1/8/21. Plaintiff's counsel should lodge a conforming order.
Debtor(s):
Joe Wallace Represented By
Alfred J Verdi
Defendant(s):
Joe Wallace Pro Se
Plaintiff(s):
David Seror, Chapter 7 Trustee Represented By Susan K Seflin
Trustee(s):
David Seror (TR) Represented By Jessica L Bagdanov David Seror
1:30 PM
Adv#: 1:20-01113 Seror v. Ismail et al
avoidance of fraudulent transfers with actual intent
avoidance of constructive fraudulent transfers
recovery and preservation of avoided transfers fr. 01/07/21(stip)
Docket 1
NONE LISTED -
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Hasan Ismail Pro Se
Nasim Ismail Pro Se
Plaintiff(s):
David Seror Represented By
Jessica Wellington
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan
1:30 PM
Adv#: 1:20-01118 Seror v. Goldman et al
Declaratory relief
Avoidance of fraudulent transfers with actual intent [11 USC. §§ 544(b)]
Avoidance of fraudulent transfers with actual intent [11 USC.§548(a)(1)(A)]
Avoidance of constructively fraudulent transfers
Recovery and preservation of avoided transfers
Conversion
Turnover
Accounting
Injunctive relief
Stip to continue filed 12/31/20
Docket 5
NONE LISTED -
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Todd Harris Goldman Pro Se
Maya Hamblet Pro Se
Matthew Roch Argall Pro Se
Roy Revivo Pro Se
Andrew Goldman Pro Se
David & Goliath, Inc. Pro Se
1:30 PM
Nerf Pong Productions, LLC Pro Se
The Ross Art Group Inc. Pro Se
Quality Art Auctions, Inc. Pro Se
Plaintiff(s):
David Seror Represented By
Annie Y Stoops Aram Ordubegian
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan Jessica L Bagdanov
2:30 PM
Adv#: 1:20-01082 Seror v. Kasarjian et al
fr. 12/10/20(stip)
Docket 1
NONE LISTED -
Debtor(s):
Allana Baroni Represented By Michael S Riley Richard L Antognini Matthew D. Resnik
M. Jonathan Hayes
Defendant(s):
Jack Kasarjian Pro Se
Karlene Kelley Pro Se
Plaintiff(s):
David Seror Represented By
Ryan Coy
Trustee(s):
David Seror (TR) Represented By Susan K Seflin
Jessica L Bagdanov
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
NONE LISTED -
10:00 AM
Docket 288
NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Jordanos, Inc./Pacific Beverage Represented By Felicita A Torres
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
Docket 82
NONE LISTED -
Debtor(s):
Deepa Biswas Willingham Represented By Reed H Olmstead
Movant(s):
Bank of America, N.A. Represented By Nancy L Lee
Trustee(s):
Jerry Namba (TR) Represented By William C Beall Carissa N Horowitz
Randy W. Williams Represented By Andrew Goodman
11:30 AM
Order to Show Cause Why Debtor Should Not be Held in Civil Contempt for Failure to Comply with Court Orders Compelling the Production of Documents and Turnover of Funds and Sanctioned for Such Failures
FR. 10-21-20, 12-3-20, 1-13-21
Docket 126
Ruling for January 13, 2021: Continued to 2/19/21 at 11:30 a.m. The Trustee shall
file a pleading in connection with the privilege issue by 1/29/21. Debtor must file response by 2/12/21. Reply is due no later than 2/17/21. Trustee must file a scheduling order which includes the excusal of Debtor's appearance. Also, the Court orders the parties to meet and confer (by phone or video) with respect to the privilege issue.
Ruling for October 21, 2020: Continued to 12/16/20 at 11:30 a.m. No later than 12/2/20, the Trustee should file a statement as to whether or not there has been further compliance. The Trustee's statement should also explain whether additional sanctions are necessary. No later than 12/9/20, the Debtor should file and serve a response. The Debtor should appear by video and audio, along with his counsel. Contempt order shall be held for 48 hours.
The Court finds Debtor in civil contempt for failure to timely comply with the turnover order. Funds were subject to turnover and no adequate demonstration by the Debtor that Debtor is incapable of complying with the order. The Court will allow the Debtor one last opportunity to purge contempt within 14 days of the entry of the contempt order. .
Also, with respect to failure of turnover of the funds, the Trustee was forced to bring the motion for an order to show cause. Debtor is responsible for the trustee's fees and costs in bringing the motion.
11:30 AM
Re the document request, the Court acknowledges there has been compliance with some of the requests. But the Court finds there has not been substantial compliance with the 2004 order. There has been an unjustified failure to timely respond. Debtor has 14 days to purge his contempt from the date of the entry of the contempt order.
Debtor(s):
Mahmood Jafroodi Represented By David Seror
Jessica L Bagdanov Ryan Coy
Trustee(s):
Jerry Namba (TR) Represented By Chad V Haes
D Edward Hays Laila Masud
11:30 AM
Docket 7
NONE LISTED -
Debtor(s):
Michael I. Gauss Represented By Matthew A Lesnick
Movant(s):
Michael I. Gauss Represented By Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick
11:30 AM
RE: [1] Chapter 7 Involuntary Petition Against an Individual Michael I. Gauss. (Filed by attorney Robert M Yaspan, Petitioning Creditors: Rasel, Ltd., Consul Group RE 2021, S.R.L, NEEW TNG fka RSW Investments Group Ltd, SWIG AMERICA CONSULTING, LLC, Arteam Consult, Ltd, Genius of Wealth, LLC, and SWIG International Ltd.)
FR. 2-10-21
Docket 1
NONE LISTED -
Debtor(s):
Michael I. Gauss Represented By Matthew A Lesnick
1:30 PM
Chapter 11 Status Conference
FR. 11-20-19, 2-26-20, 5-20-20, 7-15-20, 10-7-20, 1-13-21
Docket 1
Ruling for January 13, 2021:
Continued to February 19, 2021 at 1:30 p.m. Debtor should be prepared to address deadlines and what needs to be done, must file and serve notice of the continued status conference and a brief status report.
Ruling for October 7, 2020:
Continued to January 13, 2021 @ 1:30 p.m. with a status report to be filed two weeks prior. Dtr to serve a notice of continued status conference with the zoom information no later than October 21, 2020.
Ruling for July 15, 2020
Continued to October 7, 2020 at 1:30 p.m. Debtor must file and serve an updated status report two weeks prior to the continued status conference.
Final Ruling for 5/20/20: Continued to 7/15/20 at 1:30 p.m. Debtor must file an updated status report no later than 7/1/20. Appearances are waived.
Ruling for 2/26/20: Continued to 5/20/20 at 1:30 p.m. Debtor to file a notice of continued status conference/status report two weeks prior to the hearing.
Ruling for November 20, 2019:
Continued to February 20, 2020 at 1:30 p.m.
The bar date is January 31, 2020. Debtor to file and serve the bar date notice by November 27, 2019.
1:30 PM
Debtor(s):
Craig Alan Lieberman Represented By Reed H Olmstead
1:30 PM
Docket 91
Tenative Ruling for February 19, 2021
No opposition filed. Application is approved and payments authorized as requested. Appearances waived. Applicant to lodge an order no later than February 26, 2021.
Debtor(s):
Citco Enterprises, Inc. Represented By Michael Jay Berger
Movant(s):
Citco Enterprises, Inc. Represented By Michael Jay Berger Michael Jay Berger Michael Jay Berger
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
Docket 299
NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
Docket 288
NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Jordanos, Inc./Pacific Beverage Represented By Felicita A Torres
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
Docket 56
NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Movant(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Juliet Y Oh
Trustee(s):
Susan K Seflin (TR) Pro Se
11:00 AM
#0.00 VACATED - All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
11:00 AM
Docket 0
NONE LISTED -
11:00 AM
Docket 287
Final Ruling for March 2, 2021
Approve requested fees and expenses, and authorize proposed payments. No objections filed; appearances waived. The trustee shall lodge a conforming order no later than March 9, 2021.
Debtor(s):
Marvin Singer Represented By Shai S Oved
Trustee(s):
Amy L Goldman (TR) Represented By Lovee D Sarenas Jasmin Yang Maria L Garcia
1:30 PM
Docket 41
NONE LISTED -
Debtor(s):
Cross Country Holdings Partnership, Represented By
Raymond H. Aver
1:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Clear Distribution, LLC Represented By Sevan Gorginian
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
Docket 176
Ruling for November 20, 2020: Continued to February 16, 2021 at 1:30 p.m. Objections to be filed by February 2, 2021. Debtor to give notice to all creditors, including those listed on the record as having not been served, with notice of the continued hearing and notice of the objection deadline.
Debtor(s):
Ross Friedman Represented By Stella A Havkin
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
fr. 4/28/20, 9/2/20, 9/14/20, 10/1/20, 11/20/20, 2/16/21
Docket 1
Ruling for November 20, 2020: Continued to 2/16/21 at 1:30 p.m.
Ruling for October 1, 2020:
Tentative adopted.
Tentative Ruling on October 1, 2020
Continued to November 20, 2020 at 1:30 p.m.. No new status report required as the confirmation hearing is set for the same date and time. Appearances on October 1, 2020 waived.
Ruling for 4/28/20: Debtor's counsel should lodge an order providing for the following: Bar date is set for 6/19/20; Notice of bar date should be filed by 5/1/20. Deadline to file plan and disclosure statement is 7/20/20. Debtor should file objections to claims by 7/10/20. Status conference continued to ??? (Court will do an order with continued status conf date.)
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
1:30 PM
Debtor(s):
Ross Friedman Represented By Stella A Havkin
Trustee(s):
Andrew W. Levin (TR) Pro Se
2:00 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
NONE LISTED -
2:00 PM
RE: [320] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: Accounts receivable of the Debtor for monies owed by the Debtor's affiliates, Figueroa Mountain Entertainment Westlake Village, LLC and Figueroa Mountain Entertainment Arroyo Grande, LLC .
Docket 320
NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Jeffrey D Sternklar Juliet Y Oh
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
2:00 PM
RE: [63] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: .
Docket 63
NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Movant(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Juliet Y Oh
Trustee(s):
Susan K Seflin (TR) Pro Se
10:00 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
10:00 AM
Docket 0
NONE LISTED -
10:00 AM
fr. 11/10/20, 11/12/20, 1/15/21
Docket 279
Ruling for January 15, 2021:
Continued to March 5, 2021 at 10:00 a.m.
Continued to January 15, 2021 @ 10:00 a.m. Simultaneous supplemental briefs addressing the issues identified by the Court to be filed by December 4, 2020 with simultaneous supplemental reply briefs to be filed by December 18, 2020.
Continued to 10:00 a.m. on November 12, 2020.
Debtor(s):
Irina Raskin Represented By
Stella A Havkin
Trustee(s):
David Seror (TR) Represented By Nancy H Zamora
10:00 AM
Docket 176
Tentative Ruling for March 5, 2021:
Debtor shall be prepared to address the following:
What treatment is provided for in the Amended Plan for Proof of Claim #17 (Lionel Levin, Esq.; unsecured priority claim for $22,800)? If POC #17 is a member of Class 1(a), the Amended Plan needs to say that. Is Levin being paid directly on account of POC #17 or does the Debtor propose to pay Larissa Soltanova Friedman ("Larissa") on behalf of Levin and, if so, has Levin consented to this arrangement? If Levin has not consented, and is a member of Class 1(a), the class appears to be impaired.
Why does the Amended Plan characterize Classes 2, 2(a) and 2(b) as "secured?" Only claims secured by collateral in which the estate holds an interest can be deemed secured. 11 U.S.C. § 506(a). If 123 Ramona, LLC and 801 Vendome, LLC own the real properties securing these obligations, the claims are unsecured.
Why does the Amended Plan create a current obligation to pay what appear to be contingent guaranty claims in Class 2? It is unclear what the facts are regarding the guaranty claims in favor of Axos Bank fka BOFL ("Axos") asserted in Proofs of Claim #12, #13 and #15. POC #12 and #13 include a written guaranty from the Debtor of the principal obligations of 123 Ramona, LLC. POC #15 asserts it is a guaranty from the Debtor of the principal obligation of 801 Vendome, LLC but no written guaranty is attached to POC #
15. The Amended Plan appears to describe all of these guaranty claims as contingent. If the claims are contingent, why does the Amended Plan require the Debtor – as opposed to the principal obligors – to make current payments
10:00 AM
to Axos? If the principal obligors are current on these debts, why would the Debtor be required to make payments to Axos on the same debts?
Why does the Amended Plan characterize Class 2 as "unimpaired?" In the 9th Circuit, any alteration of a creditor’s rights, including enhancement of such rights, constitutes impairment. In re L & J Anaheim Assocs., 995 F.2d 940, 942–43 (9th Cir. 1993). To the extent the Amended Plan enhances Axos’ rights on contingent guaranty claims, Class 2 is impaired.
Why does the Amended Plan characterize Class 3 as "unimpaired" if no postpetition interest is paid to members of this class? The rule in the 9th Circuit is that unsecured creditors of a solvent debtor must be paid postpetition interest (at no less than the federal post-judgment rate) to be deemed unimpaired. In re Cardelucci, 285 F.3d 1231, 1233–34, 1236 (9th Cir. 2002). See also, In re Cuker Interactive, LLC, 622 B.R. 67, 71 (Bankr. S.D. Cal. 2020); In re PG&E Corp., 610 B.R. 308, 312-13, 315 (Bankr. N.D. Cal. 2019), leave to appeal denied sub nom. Ad Hoc Comm. of Holders of Trade Claims v. PG&E Corp., 614 B.R. 344 (N.D. Cal. 2020). The Amended Plan does not mention the payment of any postpetition interest to Class 3, therefore it is impaired.
What claims are members of Class 3? The Amended Plan does not direct the reader to an exhibit listing all of the creditors included in Class 3. Claims listed on the Debtor’s Schedule F which are not listed as contingent or unliquidated or disputed are deemed prima facie valid. Fed. R. Bankr. P. 3003(b)(1). The following claims from Debtor’s Schedule F are deemed allowed but do not appear to be accounted for in the Amended Plan:
Michael Kliman | $100,000 |
Michael Warsavsky | $12,000 |
Adil Friedman | $150,000 |
Why does the Amended Plan assert that Class 3 will be paid "100%"? It appears that the amount of claims in Class 3 is at least $345,967.45, excluding accrued postpetition interest. The Amended Plan provides for only $83,967.45
10:00 AM
in payments to Class 3.
Will the Debtor cure any amounts owing under the CCAP / Santander auto lease? The Errata to the Amended Plan states the Debtor will be assuming this lease at confirmation. Proof of Claim #4 filed by CCAP asserts a default amount of $594.88 as of the Petition Date. The Debtor must cure any monetary defaults under the lease as a condition of assumption. 11 U.S.C. § 365(b)(1)(A). The Amended Plan needs to state the amount of any cure so that all parties in interest can assess the feasibility of the Amended Plan.
Is the Debtor rejecting the auto lease with Mercedes Benz Financial Services listed on Schedule G? If so, does the Amended Plan need to fix a bar date for filing a rejection damages claim? Although the Debtor’s declaration mentions that he "turned in the Mercedes," the Amended Plan does not appear to address whether this lease was (or will be) rejected.
Why is paragraph 8.08 "Retention of Jurisdiction" left blank?
The March 1, 2021 Stipulation Regarding Debtor’s Amended Plan of Reorganization between the Debtor and Axos appears to be an untimely reaffirmation agreement. See Fed. R. Bankr. P. 4008(a) ("A reaffirmation agreement shall be filed no later than 60 days after the first date set for the meeting of creditors under § 341(a) of the Code"). Did Axos otherwise comply with Bankruptcy Code section 524(c)(2) and (k)? Will Debtor’s counsel be filing the declaration required by Bankruptcy Code section 524(c) (3)?
Ruling for November 20, 2020: Continued to February 16, 2021 at 1:30 p.m. Objections to be filed by February 2, 2021. Debtor to give notice to all creditors, including those listed on the record as having not been served, with notice of the continued hearing and notice of the objection deadline.
Debtor(s):
Ross Friedman Represented By Stella A Havkin
10:00 AM
Trustee(s):
Andrew W. Levin (TR) Pro Se
10:00 AM
fr. 4/28/20, 9/2/20, 9/14/20, 10/1/20, 11/20/20, 2/16/21, 3/2/21
Docket 1
Ruling for November 20, 2020: Continued to 2/16/21 at 1:30 p.m.
Ruling for October 1, 2020:
Tentative adopted.
Tentative Ruling on October 1, 2020
Continued to November 20, 2020 at 1:30 p.m.. No new status report required as the confirmation hearing is set for the same date and time. Appearances on October 1, 2020 waived.
Ruling for 4/28/20: Debtor's counsel should lodge an order providing for the following: Bar date is set for 6/19/20; Notice of bar date should be filed by 5/1/20. Deadline to file plan and disclosure statement is 7/20/20. Debtor should file objections to claims by 7/10/20. Status conference continued to ??? (Court will do an order with continued status conf date.)
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
10:00 AM
Debtor(s):
Ross Friedman Represented By Stella A Havkin
Trustee(s):
Andrew W. Levin (TR) Pro Se
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
NONE LISTED -
10:00 AM
Docket 49
Ruling for March 10, 2021
Granted.
Debtor(s):
Bashar Albawab Represented By Brian Nomi
Trustee(s):
Jerry Namba (TR) Represented By Meghann A Triplett
10:00 AM
Docket 8
Ruling for March 10, 2021
Tentative adopted.
Tentative Ruling for March 10, 2021
Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than March 17, 2021.
Debtor(s):
Samuel Lopez Romero Represented By Navid Kohan
Trustee(s):
Sandra McBeth (TR) Pro Se
10:00 AM
Docket 13
Ruling for March 10, 2021
Tentative adopted.
Tentative Ruling for March 10, 2021
Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than March 17, 2021.
Debtor(s):
Mercedis Flores Represented By
Edmond Richard McGuire
Trustee(s):
Jeremy W. Faith (TR) Pro Se
10:00 AM
Docket 10
Ruling for March 10, 2021
Tentative adopted.
Tentative Ruling for March 10, 2021
Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than March 17, 2021.
Debtor(s):
Crystal Hernandez Represented By Janet A Lawson
Trustee(s):
Jerry Namba (TR) Pro Se
10:00 AM
Docket 11
Ruling for March 10, 2021
Tentative adopted.
Tentative Ruling for March 10, 2021
Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than March 17, 2021.
Debtor(s):
Robert Bruce Larson Represented By Nicholas M Wajda
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 11
Ruling for March 10, 2021
Not approved as the debtor does not personally benefit from use of the car.
Debtor(s):
Sandra Luz Bacelis Represented By Todd J Mannis
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 10
Ruling for March 10, 2021
Not approved.
Debtor(s):
Juan Cervantez Jr. Represented By Daniel A Higson
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 10
Ruling for March 10, 2021
Approved.
Debtor(s):
Juan Gabriel Polvo Hernandez Represented By Randall V Sutter
Joint Debtor(s):
Angelica Ramirez Sanchez Represented By Randall V Sutter
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
Docket 17
Ruling for March 10, 2021
Not approved.
Debtor(s):
Christopher James Chambers Represented By Leslie A Tos
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 10
Ruling for March 10, 2021
Continued to 4/19/21 @ 11:30 a.m. to allow the debtor to negotiate with the lender.
Debtor(s):
Marco Antonio Bello Represented By Daniel A Higson
Joint Debtor(s):
Nancy Bello Represented By
Daniel A Higson
Trustee(s):
Sandra McBeth (TR) Pro Se
11:00 AM
Docket 10
Ruling for March 10, 2021
Approved.
Debtor(s):
Aldo Nicholas Argana Represented By Beatriz Chen
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
RE: [9] Reaffirmation Agreement Between Debtor and Santander Consumer USA, Inc., successor in interest to Gateway One Lending & Finance, LLC
Docket 9
Debtor(s):
Luis Gil Represented By
Michael B Clayton
Trustee(s):
Sandra McBeth (TR) Pro Se
11:00 AM
Docket 10
Ruling for March 10, 2021
Continued to 4/19/21 @ 11:30 a.m.
Debtor(s):
Elizabeth Severson Represented By Christopher C Barsness
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 10
Ruling for March 10, 2021
Continued to 4/19/21 @ 11:30 a.m. to allow the debtor to try to negotiate a lower monthly payment with TD Auto Finance.
Debtor(s):
Deidre E Walker Represented By Linda S Blonsley
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
Docket 9
Ruling for March 10, 2021
Approved.
Debtor(s):
Raynold Rodriguez Represented By Stephen Stern
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 11
Ruling for March 10, 2021
Not approved.
Debtor(s):
Raynold Rodriguez Represented By Stephen Stern
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 10
Ruling for March 10, 2021
Not approved.
Debtor(s):
Carlos Molina Jr Pro Se
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 10
Ruling for March 10, 2021
Not approved.
Debtor(s):
Susan Gallardo Represented By Janet A Lawson
Trustee(s):
Sandra McBeth (TR) Pro Se
1:30 PM
Stipulation By Jordanos, Inc./Pacific Beverage Company and Notice of Motion per FRBP 4001 and LBR 9013-1(o) and Motion for Approval of Stipulation Between Debtor and Creditor Jordanos/Pacific Beverage Co. Regarding Relief from Stay; Declaration of Felicita A. Torres Filed by Creditor Jordanos, Inc./Pacific Beverage Company (Torres, Felicita)
FR. 2-19-21
Docket 288
Ruling for February 19, 2021: Continued to 3/10/21 at 1:30 p.m.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Jordanos, Inc./Pacific Beverage Represented By Felicita A Torres
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
RE: [65] Chapter 11 Subchapter V Plan of Reorganization FR. 1-13-21
Docket 65
Ruling for January 13, 2021:
The Court sets the following confirmation schedule:
Confirmation hearing -- March 10, 2021 @ 1:30 p.m. Deadline for objections to confirmation -- February 25, 2021.
Deadline for Debtor to file its brief, and all necessary evidence, in support of confirmation -- March 3, 2021.
Debtor to file an amended plan by January 27, 2021.
Debtor to file and serve notice & the amended plan on all creditors by January 27, 2021.
Ruling for October 7, 2020:
The Court sets a bar date of November 23, 2020, with notice of the bar date to be filed and served on all creditors by October 14, 2020. The deadline for the Debtor to file its disclosure statement is extended to December 16, 2020. The status conference is continued to January 13, 2020 at 1:30 p.m. The Debtor shall serve written notice, including the specific zoom connection information, on all creditor with the bar date notice.
Debtor(s):
Citco Enterprises, Inc. Represented By Michael Jay Berger
1:30 PM
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
Docket 1
Ruling for March 10, 2021: Continued to 6/9/21 at 1:30 p.m.
Ruling for November 18, 2020
Continued to March 10, 2020 at 1:30 p.m. Debtor to file and serve a notice of the continued status conference. Updated status report to be filed two weeks before.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
Chapter 11 Status Conference FR. 12-4-20
Docket 1
Ruling for March 10, 2021: Continued to 6/9/21 at 1:30 p.m.
Ruling for December 4, 2020:
Continued to March 10, 2021 at 1:30 p.m. Dtr to file and serve a notice of continued status conference with the zoomgov connection information. A brief updated status report is due two weeks prior to the status conference.
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Trustee(s):
Susan K Seflin (TR) Pro Se
2:30 PM
Adv#: 9:20-01041 NAMBA v. Kirby et al
RE: [1] Adversary case 9:20-ap-01041. Complaint by JERRY NAMBA against Jon Kirby, Kathy Crowder. ($350.00 Fee Charge To Estate). Nature of Suit: (14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)) (Beall, William)
FR. 9-30-20, 12-4-20
Docket 1
Ruling for September 30, 2020: Continued to 12/16/20 at 2:30 p.m. Updated joint
status report must be filed by 12/2/20.
Debtor(s):
Janel Kirby Pro Se
Defendant(s):
Jon Kirby Represented By
Brian Nomi
Kathy Crowder Represented By Brian Nomi
Plaintiff(s):
JERRY NAMBA Represented By William C Beall
Trustee(s):
Jerry Namba (TR) Represented By William C Beall
2:30 PM
Adv#: 9:19-01078 Elias v. Lieberman
RE: [1] Adversary case 9:19-ap-01078. Complaint by Patricia Elias against Craig Alan Lieberman . willful and malicious injury)) (Ortiz, Amber)
FR. 1-29-20, 6-3-20, 6-17-20, 8-26-20, 11-4-20, 2-10-21
Docket 1
Ruling for March 10, 2021: Continued to 7/28/21 at 2:30 p.m. Defendant should file a notice of continued status conference. The notice should require both Plaintiff and Defendant to appear. The requirement of an updated status report is waived.
Tentative Ruling for August 26, 2020: Continued to 11/4/20 at 2:30 p.m. A status report must be filed no later than 10/21/20. Appearances are waived.
Ruling for June 17, 2020 Continued to 8/26/20 at 2:30 p.m No updated status report required.
2:30 PM
Tentative Ruling for January 29, 2020
In light of the pending criminal matter and related proceedings, continue status conference to June 3, 2020 at 2:30 pm and require an updated joint status report (including a proposed litigation schedule), to be filed no later than May 27, 2020. If counsel for plaintiff and defendant BOTH concur with this tentative ruling, their appearance on January 29, 2020 is excused. Otherwise, both should appear.
Debtor(s):
Craig Alan Lieberman Represented By Reed H Olmstead
Defendant(s):
Craig Alan Lieberman Represented By Reed H Olmstead
Plaintiff(s):
Patricia Elias Represented By
Chad M. Prentice
2:30 PM
RE: [37] Motion to Avoid Lien JUDICIAL LIEN with Lilia Serobian FR. 12-3-20, 1-13-21
Docket 37
Ruling for March 10, 2021: Off-calendar.
Ruling for January 13, 2021:
Continued to March 10, 2021 at 2:30 p.m. for the parties to lodge a stipulated order reflecting their agreement.
Ruling for December 3, 2020: Continued to 1/13/21 at 2:30 p.m. The initial status conference in the adversary proceeding is also continued to 1/13/21 at 2:30 p.m.
Debtor(s):
Ragsdale F Panopio Represented By Matthew D. Resnik John K Rounds
Movant(s):
Ragsdale F Panopio Represented By Matthew D. Resnik Matthew D. Resnik Matthew D. Resnik John K Rounds John K Rounds John K Rounds
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
2:30 PM
Adv#: 9:20-01046 Serobian v. Panopio
RE: [1] Adversary case 9:20-ap-01046. Complaint by Lilia Serobian against Ragsdale F Panopio. false pretenses, false representation, actual fraud)),(65 (Dischargeability - other)) (Khojayan, Vahe)
FR. 10-21-20, 12-4-20, 1-13-21
Docket 1
Ruling for March 10, 2021: Continued to 4/26/21 at 2:30. The Court does not require an updated status report.
Ruling for January 13, 2021:
Continued to March 10, 2021 at 2:30 p.m.
Ruling for October 21, 2020: Continued to 12/16/20 at 2:30 p.m. Status report due by 12/2/20. Defendant's answer is due by 11/30/20.
Debtor(s):
Ragsdale F Panopio Represented By Matthew D. Resnik John K Rounds
Defendant(s):
Ragsdale F Panopio Represented By John K Rounds
Plaintiff(s):
Lilia Serobian Represented By Vahe Khojayan
2:30 PM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:20-01055 Carrera v. Bradley
RE: [1] Adversary case 9:20-ap-01055. Complaint by Santana Carrera against Whittaker Bradley . (willful and malicious injury)
FR. 1-13-21
Docket 1
Ruling for March 10, 2021: Continued to 7/28/21 at 2:30 p.m. Updated status report is due two weeks prior to the hearing.
Ruling for January 13, 2021:
Continued to March 10, 2021 at 2:30 p.m. Plaintiff may set motion for default judgment for that date and time.
Debtor(s):
Whittaker Bradley Represented By Bryan Diaz
Defendant(s):
Whittaker Bradley Pro Se
Plaintiff(s):
Santana Carrera Represented By Benjamin Tryk
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
2:30 PM
Adv#: 9:20-01055 Carrera v. Bradley
RE: [11] Motion for Default Judgment Under LBR 7055-1
Docket 11
NONE LISTED -
Debtor(s):
Whittaker Bradley Represented By Bryan Diaz
Defendant(s):
Whittaker Bradley Pro Se
Plaintiff(s):
Santana Carrera Represented By Benjamin Tryk
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
2:30 PM
Adv#: 9:20-01016 Faith v. Elias et al
RE: [1] Adversary case 9:20-ap-01016. Complaint by Jeremy W. Faith against David Medina Elias, Corona Elias. (Charge To Estate). (Attachments: # 1 Adversary Coversheet) Nature of Suit: (91 (Declaratory judgment)),(11 (Recovery of money/property - 542 turnover of property)) (Pagay, Carmela)
FR. 4-15-20, 6-17-20, 8-26-20, 10-21-20, 12-4-20, 1-20-21, 2-2-21
Docket 1
Final Ruling for February 2, 2021: Continued to March 10, 2021 at 2:30 p.m. The parties have settled. On January 14, 2021, the Plaintiff filed a motion to approve compromise in the main bankruptcy case. Appearances are waived.
Final Ruling for December 4, 2020: Based on the representations in the Plaintiff's Unilateral Status Report that the parties have settled, the status conference is continued to January 20, 2021 at 2:30 p.m. If a settlement agreement is not filed before that date, then the parties must file an updated status report no later than January 6, 2021. Appearances are waived.
Final Ruling for October 21, 2020: Based on the representations in the Plaintiff's Unilateral Status Report, the status conference is continued to December 16, 2020 at 2:30 p.m. If a settlement agreement is not filed before that date, then the parties must file an updated status report no later than December 2, 2020. Appearances are waived.
Tentative Ruling for August 26, 2020: Continued to October 21, 2020 at 2:30 p.m. An updated status report must be filed no later than October 7, 2020. Appearances are waived.
Ruling for June 17, 2020: Continued to 8/26/20 at 2:30 p.m.
2:30 PM
Debtor(s):
Corona Elias Represented By
Vaughn C Taus
Defendant(s):
David Medina Elias Pro Se
Corona Elias Represented By
Vaughn C Taus
Plaintiff(s):
Jeremy W. Faith Represented By Carmela Pagay
Trustee(s):
Jeremy W. Faith (TR) Represented By Carmela Pagay
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
#1.00 CONT'D Hearing
RE: [44] Motion to Surrender and Dismiss with proof of service FR. 11-5-20, 1-14-21
Docket 44
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Movant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GLR, LLC, a Delaware limited Represented By William C Beall
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman Eric P Israel George E Schulman
10:00 AM
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
#2.00 CONT'D Hearing
RE: [45] Motion to Surrender and Dismiss with proof of service FR. 11-5-20, 1-14-21
Docket 45
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Movant(s):
GRL, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman Eric P Israel George E Schulman
10:00 AM
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
RE: [1] Adversary case 9:20-ap-01006. Complaint by Michael A. McConnell, Chapter 11 Trustee against GLR, LLC, a Delaware limited liability company, GRL, LLC, a Delaware limited liability company. (Charge To Estate). Chapter 11 Trustee's Complaint: (1) To Avoid and Recover Preferential Transfers; (2) To Avoid and Recover Fraudulent Transfers; and (3) For Turnover and Accounting Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)) (Shechtman, Zev)
FR. 3-12-20, 4-17-20, 7-15-20, 9-29-20, 12-15-20 (Advanced), 12-2-20, 1-14-21
Docket 1
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman Eric P Israel George E Schulman
10:00 AM
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
#0.00 VACATED - All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
10:00 AM
Docket 0
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
10:00 AM
NONE LISTED -
11:30 AM
Docket 28
Final Ruling for March 17, 2021
Approve requested fees and expenses, and authorize proposed payments. No objections filed; appearances waived. The trustee may now lodge a conforming order. The order shall be lodged no later than March 24, 2021.
Debtor(s):
A&C Health Care Unlimted, LLC Represented By
Matthew D. Resnik
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 109
Final Ruling for March 17, 2021
Approve requested fees and expenses, and authorize proposed payments. No objections filed; appearances waived. The trustee may now lodge a conforming order. The order shall be lodged no later than March 24, 2021.
Debtor(s):
Art Sebastian Galindo Represented By Larry D Webb
Joint Debtor(s):
Mary Virginia Galindo Represented By Larry D Webb
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Order to Show Cause Why Debtor Should Not be Held in Civil Contempt for Failure to Comply with Court Orders Compelling the Production of Documents and Turnover of Funds and Sanctioned for Such Failures
FR. 10-21-20, 12-3-20, 1-13-21, 2-19-21
Docket 126
Ruling for January 13, 2021: Continued to 2/19/21 at 11:30 a.m. The Trustee shall file a pleading in connection with the privilege issue by 1/29/21. Debtor must file response by 2/12/21. Reply is due no later than 2/17/21. Trustee must file a scheduling order which includes the excusal of Debtor's appearance. Also, the Court orders the parties to meet and confer (by phone or video) with respect to the privilege issue.
Ruling for October 21, 2020: Continued to 12/16/20 at 11:30 a.m. No later than 12/2/20, the Trustee should file a statement as to whether or not there has been further compliance. The Trustee's statement should also explain whether additional sanctions are necessary. No later than 12/9/20, the Debtor should file and serve a response. The Debtor should appear by video and audio, along with his counsel. Contempt order shall be held for 48 hours.
The Court finds Debtor in civil contempt for failure to timely comply with the turnover order. Funds were subject to turnover and no adequate demonstration by the Debtor that Debtor is incapable of complying with the order. The Court will allow the Debtor one last opportunity to purge contempt within 14 days of the entry of the contempt order. .
Also, with respect to failure of turnover of the funds, the Trustee was forced to bring the motion for an order to show cause. Debtor is responsible for the trustee's fees and costs in bringing the motion.
11:30 AM
Re the document request, the Court acknowledges there has been compliance with some of the requests. But the Court finds there has not been substantial compliance with the 2004 order. There has been an unjustified failure to timely respond. Debtor has 14 days to purge his contempt from the date of the entry of the contempt order.
Debtor(s):
Mahmood Jafroodi Represented By David Seror
Jessica L Bagdanov Ryan Coy
Trustee(s):
Jerry Namba (TR) Represented By Chad V Haes
D Edward Hays Laila Masud
11:30 AM
Docket 17
NONE LISTED -
Debtor(s):
Jared Adam Falk Represented By Kevin T Simon
Movant(s):
LOGIX FEDERAL CREDIT Represented By
A. Lysa Simon
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 18
NONE LISTED -
Debtor(s):
Jared Adam Falk Represented By Kevin T Simon
Movant(s):
LOGIX FEDERAL CREDIT Represented By
A. Lysa Simon
Trustee(s):
Jerry Namba (TR) Pro Se
1:30 PM
RE: [112] MOTION FOR SUPPLEMENTAL ORDER AUTHORIZING DEBTOR TO SELL BANKRUPTCY ESTATES INTEREST IN REAL PROPERTY FREE AND CLEAR OF THE LIEN OF GARY YOUNG; DECLARATION OF CRAIG ALAN LIEBERMAN
Docket 112
NONE LISTED -
Debtor(s):
Craig Alan Lieberman Represented By Reed H Olmstead
1:30 PM
Docket 195
Ruling for February 10, 2021: Continued to 3/17/21 at 1:30 p.m. Ballot deadline is 3/3/21. Brief and ballot tabulation due 3/10/21. Debtor to file a notice of continuance with the following deadlines noted. No new status report is required.
Debtor(s):
Steven Gregory Ow Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
FR. 8-16-19, 11-20-19, 2-10-20, 3-25-20, 5-20-20, 8-5-20, 9-16-20, 12-4-20,
2-10-21
Docket 1
Ruling for February 10, 2021: Continued to 3/17/21 at 1:30 p.m.
Ruling for December 4, 2020:
Continued to February 10, 2021 at 1:30 p.m. No new status report is required.
Ruling for September 16, 2020: Continued to 12/16/20 at 1:30. Deadline to file plan and disclosure statement is 10/16/20. Debtor may calendar a hearing on the disclosure statement for 12/16/20 at 1:30 p.m. An updated status report is not required.
Ruling for 8/5/20:
Continued to 9/16/20 at 1:30 p.m. Debtor to file and serve a notice of continued status conference.
Ruling for 2/10/20: Continued to 3/25/20 at 1:30. Updated status report requirement is waived.
Ruling for November 20, 2019:
Continued to February 10, 2020 at 1:30 p.m. No updated status report is required. The deadline for the Debtor to file his plan and disclosure statement is extended to December 13, 2019.
Ruling for 8/16/19: Continued to 11/20/19 at 1:30 p.m. The bar date is set for 10/25/19. The notice of bar date should be mailed by 8/23/19. The plan and disclosure statement should be filed by 11/22/19.
1:30 PM
Debtor(s):
Steven Gregory Ow Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
PAYMENT OF FINAL FEES AND/OR EXPENSES for Law Offices of Reed H. Olmstead, Creditor's Attorney, Period: 5/31/2019 to 12/14/2020, Fee: $44,493.50, Expenses: $3,249.06.
Docket 166
NONE LISTED -
Debtor(s):
ProUsys, Inc. Represented By
Reed H Olmstead
1:30 PM
Docket 206
NONE LISTED -
Debtor(s):
Nava Enterprise, Inc Represented By William E. Winfield Donald T Dunning
Movant(s):
Wesley H Avery (TR) Represented By Tamar Terzian
Trustee(s):
Wesley H Avery (TR) Represented By Tamar Terzian
1:30 PM
Docket 132
Ruling for February 2, 2021
Debtor to file a 3d amended plan by February 26, 2021. Status conference continued to March 17, 2021 at 1:30
Ruling for December 4, 2020:
Debtor to file an amended plan by January 15, 2021.
Continued status conference on the plan on January 20, 2021 at 1:30 p.m. Trustee to lodge a scheduling order.
Debtor(s):
Nava Enterprise, Inc Represented By William E. Winfield Donald T Dunning
Trustee(s):
Wesley H Avery (TR) Represented By Tamar Terzian
1:30 PM
Docket 347
NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
Docket 181
Final Ruling for March 17, 2021
Approve trustee's requested fees. No objections filed; appearances waived. The trustee may now lodge a conforming order. The order shall be lodged no later than March 24, 2021.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
2:30 PM
Adv#: 9:20-01007 Mastagni v. Mastagni
RE: [1] Adversary case 9:20-ap-01007. Complaint by Dennis Mastagni against Delani Rae Mastagni. fraud as fiduciary, embezzlement, larceny)),(64 (Dischargeability - 523(a)(15), divorce/sep property settlement/decree)) (Beall, William)
FR. 3-25-20, 9-16-20
Docket 1
NONE LISTED -
Debtor(s):
Delani Rae Mastagni Represented By Paul F Ready
Defendant(s):
Delani Rae Mastagni Represented By Leslie A Tos
Plaintiff(s):
Dennis Mastagni Represented By William C Beall
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
2:30 PM
Adv#: 9:20-01025 Verdi v. Beckstrand
RE: [1] Adversary case 9:20-ap-01025. Complaint by Cameron N Verdi against Dwight G Beckstrand . false pretenses, false representation, actual fraud)) ,(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury))
FR. 5-7-20, 8-26-20, 11-4-20, 1-20-21, 2-2-21
Docket 1
Ruling for February 2, 2021
Continued to March 17, 2021 at 2:30 p.m. Plaintiff may use this date and time for a motion for default judgment if the motion is timely filed.
Ruling for November 4, 2020: Continued to 1/20/21 at 2:30 p.m. Plaintiff may use this date and time for a motion for default judgment if the motion is timely filed. If Plaintiff files a motion for default judgment, then a status report is not required.
Tentative Ruling for August 26, 2020: Continued to 11/4/20 at 2:30 p.m. A status report must be filed no later than 10/21/20. Appearances are waived.
Ruling for May 7, 2020: Continued to 8/26/20 at 2:30 p.m.
Debtor(s):
Dwight G Beckstrand Represented By Sandra McBeth
Defendant(s):
Dwight G Beckstrand Pro Se
2:30 PM
Plaintiff(s):
Cameron N Verdi Pro Se
Trustee(s):
Jerry Namba (TR) Pro Se
2:30 PM
Adv#: 9:20-01024 Ramirez et al v. Jafroodi
RE: [1] Adversary case 9:20-ap-01024. Complaint by Carolina Ramirez, Luis Angel Colunga Gocabar, Nelly Gonzales, Margarita Hernandez, Rigoberto Saavedra, Liney Silva against Mahmood Jafroodi. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(65 (Dischargeability - other)) (Guevara Zamora, Cecilia)
FR. 4-29-20, 7-15-20, 9-16-20, 1-20-21, 2-2-21
Docket 1
The parties are required to file and serve an updated status report no later than 5/12/21.
Ruling for February 2, 2021
Continued to March 17, 2021 at 2:30 p.m. Joint status report is due March 3, 2021.
Ruling for September 16, 2020: Continued to 1/20/21 at 2:30 p.m. Plaintiffs must file and serve a notice of continued status conference.
Ruling for 7/15/20: Continued to 9/16/20 at 2:30 p.m. An updated status report is not required. Plaintiff must file and serve a notice of continued status conference.
Ruling for 4/29/20:
Status conference continued to July 15, 2020 at 2:30 p.m. Plaintiff to file and serve a notice of continued status conference. The parties must file an updated status report by July 1, 2020. The Defendant's motion to dismiss is also continued to July 15, 2020 at 2:30 p.m. The Defendant shall file and serve a notice of continued hearing. All the
2:30 PM
response deadlines regarding that motion will be based on the July 15, 2020 hearing date.
Debtor(s):
Mahmood Jafroodi Represented By David Seror
Jessica L Bagdanov Ryan Coy
Defendant(s):
Mahmood Jafroodi Represented By David Seror Ryan Coy
Plaintiff(s):
Carolina Ramirez Represented By
Cecilia Guevara Zamora Ezra Kautz
Luis Angel Colunga Gocabar Represented By
Cecilia Guevara Zamora Ezra Kautz
Nelly Gonzales Represented By
Cecilia Guevara Zamora Ezra Kautz
Margarita Hernandez Represented By
Cecilia Guevara Zamora Ezra Kautz
Rigoberto Saavedra Represented By
Cecilia Guevara Zamora Ezra Kautz
Liney Silva Represented By
2:30 PM
Trustee(s):
Cecilia Guevara Zamora Ezra Kautz
Jerry Namba (TR) Represented By Chad V Haes
D Edward Hays Laila Masud
2:30 PM
Adv#: 9:20-01033 Castle Real Estate Investments LLC v. Hershman et al
RE: [1] Adversary case 9:20-ap-01033. Complaint by Castle Real Estate Investments LLC against Michael A. Hershman, Linda J. Hershman. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Webb, Larry)
FR. 7-15-20, 8-26-20, 1-13-21
Docket 1
Ruling for August 26, 2020: Continued to 1/13/21 at 2:30 p.m.; Updated status report should be filed no later than 1/4/21. Plaintiff must lodge a scheduling order which includes the following dates:
Last day for discovery to be completed - 11/6/20;
Last day to join other parties and to amend pleadings - 11/6/20; Last day to file case dispositive motions - 11/25/20; and
Last day for hearings on the case dispositive motions - 1/13/21.
Debtor(s):
Michael A. Hershman Represented By Brent D George
Defendant(s):
Michael A. Hershman Pro Se
Linda J. Hershman Pro Se
Joint Debtor(s):
Linda J. Hershman Represented By Brent D George
2:30 PM
Plaintiff(s):
Castle Real Estate Investments LLC Represented By
Larry D Webb
Trustee(s):
Jeremy W. Faith (TR) Pro Se
10:00 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
10:00 AM
Docket 0
NONE LISTED -
10:00 AM
Docket 317
Ruling for March 23, 2021
Tentative adopted.
Tentative Ruling for March 23, 2021
Local Bankruptcy Rule 9013-1(k) requires parties to comply with Rule 7041 of the Federal Rules of Bankruptcy Procedure, which includes Rule 41 of the Federal Rules of Civil Procedure. Because the Debtors filed a response to the Motion, Rule 41(a)(1)
(A) precludes the Movant from unilaterally withdrawing the Motion. Instead, a stipulation for withdrawal of the Motion is required. Based on Movant’s attempt to withdraw the Motion, the Court denies the Motion as moot. Appearances waived. Movant to lodge an order.
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Gregory Kent Jones (TR) Pro Se
10:00 AM
Docket 50
Ruling for March 23, 2021
Continued to 4/27/21 @ 10:00 a.m.
Movant to serve the lienholders with the motion and to serve debtor and debtor's counsel with notice of cont'd hearing and the deadlines below by 4/16/21.
If Movant wants to rely on the BPO attached as exhibit 4 as evidence of value, Movant must file a broker's declaration by 4/16/21. Any supplemental evidence from the Dtr must be filed by 4/16/21.
Movant and the debtor may respond to any supplemental filings by 4/23/21.
Debtor(s):
Queen City Rehabs and Renovations Represented By
Roseann Frazee
10:00 AM
VELOCITY COMMERCIAL CAPITAL, LLC
Docket 78
Ruling for March 23, 2021
Granted pursuant to the oral stipulation by the parties allowing Movant to record a Notice of Sale but not allowing a sale of the property for 45 days. (same motion as # 4).
Debtor(s):
Javier Caceres Represented By Onyinye N Anyama
10:00 AM
VELOCITY COMMERCIAL CAPITAL, LLC
fr. 1/5/21, 1/19/21, 2/3/21
Docket 63
Ruling for March 23, 2021
Granted pursuant to the oral stipulation by the parties allowing Movant to record a Notice of Sale but not allowing a sale of the property for 45 days.
Ruling for February 3, 2021:
Continued to March 23, 2021 at 10:00 a.m. to allow Movant to correct the service defects by March 2, 2021. Any supplemental evidence from the Debtor to be filed by March 9, 2021.
Debtor(s):
Javier Caceres Represented By Onyinye N Anyama
10:00 AM
Docket 1
Ruling for March 23, 2021
Dtr is required to file a motion to dismiss the case. The status conference is continued to 6/15/21 @ 1:30 p.m.
Ruling for February 3, 2021:
Continued to March 23, 2021 at 10:00 a.m. Debtor to file an updated status report by March 16, 2021.
Ruling for November 20, 2020: Plan and Disclosure Statement deadline is 1/29/21. The bar date is 1/22/21. The notice of bar date should be mailed by 11/30/20.
Continued to 2/3/21 at 1:30 p.m. Debtor should lodge a scheduling order. An updated status report is due by 1/20/21.
Debtor(s):
Javier Caceres Represented By Onyinye N Anyama
10:00 AM
1SHARPE OPPORTUNITY INTERMEDIATE TRUST REO ENTITY
Docket 66
Ruling for March 23, 2021
Withdrawn on the record with leave of court.
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure
Trustee(s):
Diane C Weil (TR) Represented By David Seror
10:00 AM
(stip to be filed)
Docket 179
Ruling for March 23, 2021
Granted.
Debtor(s):
Jay B. Reznick Represented By James R Selth Daniel J Weintraub
Crystle Jane Lindsey
Trustee(s):
Gregory Kent Jones (TR) Pro Se
11:00 AM
Docket 69
Ruling for March 23, 2021
The Court vacates the ruling posted below and continues the hearing to a date to be specified in a forthcoming order.
Final Ruling for March 23, 2021
Approve requested fees and expenses, and authorize proposed payments. No objections filed; appearances waived. The trustee shall lodge a conforming order no later than March 30, 2021.
Debtor(s):
Valley Aire, Inc. Represented By Michael R Totaro
Trustee(s):
Diane C Weil (TR) Represented By Natella Royzman
11:00 AM
Docket 533
Final Ruling for March 23, 2021
Approve requested fees and expenses, and authorize proposed payments. No objections filed; appearances waived. The trustee shall lodge a conforming order no later than March 30, 2021.
Debtor(s):
Porchlight Entertainment, Inc. Represented By Scott C Timpe
Porchlight Distribution Inc Represented By Scott C Timpe
Trustee(s):
David Keith Gottlieb (TR) Represented By Ashley M McDow Michael T Delaney
1:30 PM
Docket 41
NONE LISTED -
Debtor(s):
Cross Country Holdings Partnership, Represented By
Raymond H. Aver
1:30 PM
Docket 1
Ruling for February 17, 2021
The Court sets a new bar date of 4/5/21. Debtor to file and serve a bar date notice by 2/22/21. Status conference continued to 3/23/21 @ 1:30 p.m. No new status report is required. If the Debtor has not reached a stipulation with the principal lender by 3/23/21, the Court will set a deadline to file a plan and disclosure statement. Debtor to lodge an order vacating the prior bar date, setting a new bar date and continuing the status conference.
Ruling for November 20, 2020: The docket erroneously indicates there is a plan and disclosure statement deadline. The Court vacates this deadline. The Court sets a general bar date of 2/12/21. Debtor must mail the notice of bar date no later than 11/30/20. Continued to 2/16/21 at 1:30 p.m. Updated status report is due 2/2/21.
Debtor(s):
Cross Country Holdings Partnership, Represented By
Raymond H. Aver
1:30 PM
fr. 5/26/20, 8/12/20, 8/17/20, 10/1/20, 2/2/20,
2/3/21
Docket 141
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m. Debtors to file an updated post confirmation status report supported by a declaration by March 16, 2021.
Ruling for 10/1/20:
Confirmed as to the second amended plan at docket number 148. The lodged confirmation order must express how the plan has been modified by the stipulation with Wells Fargo and state, verbatim, the terms which change the plan, e.g., the paragraph at page X is revised to state Y. Alternatively, the Debtors may file a modified second amended plan, redlined. The Court will not hold the lodged confirmation order for seven days. A post-confirmation status conference will be held on February 2, 2021 at 1:30 p.m and a post-confirmation status report complying with LBR 3020-1(b) by January 19, 2021.
Ruling for August 17, 2020
Debtors' motion to modify the first amended plan is granted.
The confirmation hearing is continued to October 1, 2020 at 1:30 p.m. By September 10, 2020, the Debtors shall file and serve a clean and redlined Second Amended Plan and Disclosure Statement addressing the payment of the postpetition property taxes and who is reponsible for paying property taxes and insurance going forward, declarations from both Debtors in support of confirmation, an unpdated Exhibit A1 cash flow projections and notice of the continued hearing. Any objections to
1:30 PM
confirmation of the Second Amended Plan shall be filed, along with admissible evidence, by September 17, 2020. Debtors' reply thereto shall be filed by September 24, 2020. The Debtors shall lodge a scheduling order.
Ruling for May 26, 2020: Amended plan and supporting evidence must be filed by 7/17/20. Continued to 8/12/20 at 1:30 p.m.
Debtor(s):
Rosalinda Del Socorro Mendoza Represented By
Lionel E Giron Crystle Jane Lindsey Merdaud Jafarnia Joanne P Sanchez
Joint Debtor(s):
Jose Padilla Saldivar Represented By Lionel E Giron
Crystle Jane Lindsey Merdaud Jafarnia Joanne P Sanchez
1:30 PM
fr. 11/10/20, 12/9/20, 2/16/21
Docket 116
Ruling for February 16, 2021: Continued to 3/23/21 at 1:30 p.m. Debtor to file and serve a notice of continuance.
Ruling for December 9, 2020: Continued to 2/16/21 at 1:30 p.m. Supplement due by 2/9/21.
Ruling for November 10, 2020: Continued to 12/9/20 at 1:30 p.m. Debtor to file and serve a notice of continued hearing no later than 11/13/20. The notice should indicate Debtor filed a 2nd amended plan on 10/28/20. The modifications should be explained. It should also note an objection deadline of 11/24/20. Debtor may reply by 12/2/20.
Debtor(s):
Jose Jesus Ortiz Represented By Lionel E Giron
Crystle Jane Lindsey Joanne P Sanchez
1:30 PM
fr. 3/26/19; 5/28/19; 8/21/19, 11/15/19, 12/11/19,
4/1/20, 5/26/20, 8/12/20, 8/17/20, 11/10/10, 12/9/20, 2/16/21
Docket 1
Ruling for February 16, 2021: Continued to 3/23/21 at 1:30 p.m. Debtor to file and serve a notice of continuance.
Ruling for December 9, 2020: Continued to 2/16/21 at 1:30 p.m.
Ruling for August 17, 2020
Continued to November 10, 2020 at 1:30 p.m.
Ruling for May 26, 2020: Continued to 8/12/20 at 1:30 p.m.
Ruling for April 1, 2020: Debtor to send out notice setting disclosure statement hearing for 5/26/20 at 1:30. The chapter 11 status conference is also continued to 5/26/20 at 1:30 p.m. Updated status report is not required.
Ruling for 8/21/19: Debtor to lodge a scheduling order regarding plan and disclosure statement deadline of 11/15/19. Scheduling order should also continue the status conference to 12/11/19 at 1:30 p.m. Debtor should file an update.
Ruling for May 28, 2019:
1:30 PM
Continued to August 21, 2019 at 1:30 p.m. Debtor to file an updated status report by August 7, 2019. Appearances waived.
Ruling for March 26, 2019:
The general claims bar date is May 28, 2019. Debtor shall serve notice of the bar date by April 9, 2019. Continued to May 28, 2019 at 1:30 p.m. Debtor shall file and serve notice of the continued status conference. Debtor to lodge a bar date order.
Debtor(s):
Jose Jesus Ortiz Represented By Lionel E Giron
1:30 PM
Docket 39
Ruling for January 5, 2021
Continued to March 23, 2021 at 1:30 p.m. Debtor to file an amended disclosure statement and amended plan addressing the issues identified by the Court on the record by February 9, 2021.
Debtor to correct the service defects and serve notice on all creditors by February 9, 2021.
Debtor(s):
Oscar R. Ortega Represented By Robert M Yaspan
1:30 PM
fr. 1/22/20, 5/13/20, 6/8/20, 7/13/20, 11/20/20, 1/5/21
Docket 1
Ruling for January 5, 2021
Continued to March 23, 2021 at 1:30 p.m.
Ruling for July 13, 2020: Continued to 11/20/20 at 1:30 p.m. If Debtor has filed a disclosure statement, then the filing of a status report is waived. If the Debtor does not file a disclosure statement, then the Debtor must file an updated status report.
Ruling for June 8, 2020: Debtor to file a supplemental declaration regarding the budget. Continued to 7/13/20 at 1:30 p.m. New status report is waived for the 7/13/20 hearing.
Ruling for May 13, 2020:
Continued to June 8, 2020 at 1:30 p.m. If the debtor provides evidence of the commercial insurance to the US Trustee, the Court will entertain a brief motion to continue the June status conference to September.
Ruling for January 22, 2020: The Court sets a general claims bar date of 3/31/20. Debtor must serve claims bar date by 1/29/20. No deadline for objections to claims. The deadline to file a plan and disclosure statement is 9/30/20. Status conference is continued to 5/13/20 at 1:30 p.m. Status report update must be filed by 4/29/20.
1:30 PM
Debtor(s):
Oscar R. Ortega Represented By Robert M Yaspan
1:30 PM
fr. 6/25/19; 9/25/19, 12/11/19, 3/17/20, 5/26/20, 8/12/20; 8/17/20, 9/14/20. 11/10/20, 1/19/21, 2/3/21
Docket 1
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m. Amended Plan and Disclosure Statement to be filed by March 2, 2021. Objections due by March 16, 2021. Provided the amended Plan and Disclosure Statement are filed, no new status report is required.
Ruling for 9/14/20: Continued to 11/10/20 at 1:30 p.m. Debtor should file and serve notice of continuance. No updated status report needed.
Ruling for May 26, 2020: Continued to 8/12/20 at1:30 p.m. Debtor to file and serve notice of continued status conference. No new status report needed.
Ruling for March 17, 2020
Appearances waived. Continued to May 26, 2020 at 1:30 p.m.
Tentative Ruling for September 25, 2019: Continued to December 11, 2019 at 1:30
p.m. Debtor shall file an updated status report two weeks prior to the continued status conference. Appearances waived.
Ruling for 6/25/19: Bar date is 8/30/19. Debtor to lodge bar date order which requires the bar date notice to be in the mail by 7/2/19. Deadline for plan and disclosure statement filing is 1/31/20. Continued to 9/25/19 at 1:30 p.m. Debtor must file an updated status report by 9/11/19.
1:30 PM
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
1:30 PM
Docket 116
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m.
Debtor to file and serve a 2d amended plan by February 24, 2021. Objections to confirmation to be filed by March 12, 2021. Replies to be filed by March 19, 2021. Debtor to lodge a scheduling order.
Debtor(s):
Super Calidad Auto Sales, Inc. Represented By Louis J Esbin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
1:30 PM
9/2/20, 9/14/20; 9/22/20; 10/27/20, 2/16/21
Docket 1
Ruling for 10/27/20: Continued to 2/16/21 at 1:30 p.m. Debtor to file and serve a notice of continued status conference.
Ruling for September 22, 2020:
Continued to October 27, 2020 @ 1:30 pm
Debtor(s):
Super Calidad Auto Sales, Inc. Represented By Louis J Esbin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
1:30 PM
fr. 1/19/21, 2/3/21
Docket 1
Ruling for February 3, 2021:
Debtor to file the projections omitted from the status report by February 5, 2021. Status conference is continued to March 23, 2021 at 1:30 p.m.
Debtor(s):
Brian Anthony Veskosky Represented By Michael R Totaro
Trustee(s):
Susan K Seflin (TR) Pro Se
1:30 PM
fr. 2/16/21
Docket 16
Ruling for February 16, 2021:
Debtor(s):
James Alexander Represented By David B Golubchik
Trustee(s):
Gregory Kent Jones (TR) Pro Se
1:30 PM
Re: 3335 Santa Anita Avenue, El Monte, California 91731 ROMSPEN MORTGAGE LIMITED PARTNERSHIP
Docket 252
NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
SAM LAMONICA BY AND THROUGH HIS AGENT CITIVEST REALTY AND MORTGAGE COMPANY
Docket 236
NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
11 U.S.C.§§ 327 and 328 in Gateway Five, LLC bankruptcy case fr. 2/16/21
Docket 150
Ruling for February 16, 2021: Continued to 3/23/21 at 1:30 p.m. Trustee's counsel should file and serve a notice of continuance.
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
Docket 244
NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
NONE LISTED -
10:00 AM
fr. 12/11/19; 1/22/20 (stip), 2/19/20; 5/13/20 (stip) advanced fr. 6/10/20, 6/8/20, 9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20. 12/8/20, 2/16/21, 2/17/21
Docket 59
Ruling for February 17, 2021
Continued to March 26, 2021 @ 10:00 a.m.
Ruling for December 8, 2020
Continued to February 16, 2021 @ 1:30 p.m. If Movants choose withdraw this Motion and file a new Motion with new grounds for relief, those papers must be filed by January 26, 2021. Debtors' response will be due February 2, 2021 and any supplemental reply will be due February 9, 2021.
Ruling for November 9, 2020
Continued to December 8, 2020 @ 1:30 p.m.
Ruling for October 1, 2020:
Continued to November 6, 2020 at 10:00 a.m.
Ruling for June 8, 2020: Continued to 9/2/20 at 1:30 p.m. 8/19/20 is deadline for Movant to file supplement. 8/26/20 is the deadline for the Debtor to respond. The parties are ordered to meet and confer on a discovery schedule within the next 10 days.
10:00 AM
Ruling for 2/19/20:
Continued to May 13, 2020 at 1:30 p.m.
Ruling for December 11, 2019
Continued to 1/22/20 at 1:30 p.m.
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
fr. 11/13/19 (stip) ; 12/11/19 (stip); 1/22/20 (stip); 4/1/20(stip); 5/13/20 (stip)
advanced fr. 6/10/20, 6/8/20, 9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20, 12/8/20, 2/16/21, 2/17/21
Docket 41
Ruling for February 17, 2021
Continued to March 26, 2021 @ 10:00 a.m.
Ruling for December 8, 2020
Continued to February 16, 2021 @ 1:30 p.m. to trail the amended disclosure statement.
Ruling for November 9, 2020
Continued to December 8, 2020 @ 1:30 p.m.
Ruling for October 1, 2020:
Continued to November 6, 2020 at 10:00 a.m.
Ruling for June 8, 2020: Continued to 9/2/20 at 1:30 p.m. However, no new briefing is ordered. This will be a status conference on the motion.
10:00 AM
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
fr. 2/16/21, 2/17/21
Docket 328
Ruling for February 17, 2021
Continued to March 26, 2021 @ 10:00 a.m. Debtors to file their amended disclosure statement and plan by March 19, 2021. Objections may be presented orally at the hearing.
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Gregory Kent Jones (TR) Pro Se
10:00 AM
fr. 9/10/19, 12/11/19, 1/22/20, 3/19/20, 5/13/20, 6/8/20,
9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20. 12/8/20,
2/16/21, 2/17/21
Docket 1
Ruling for February 17, 2021
Continued to March 26, 2021 @ 10:00 a.m.
Ruling for December 8, 2020
The Rule 2015.3 reports which were due in September 2020 must be filed by December 22, 2020.
Debtors amended disclosure statement and amended plan, including redlines, to be filed by January 26, 2021. Objections to the amended disclosure statement to be filed by February 2, 2021. Debtors reply to any such objections to be filed by February 9, 2020. A hearing on the forthcoming amended disclosure statement will be held February 16, 2021 @ 1:30 p.m.
The status conference is continued to February 16, 2021 @ 1:30 p.m.
Ruling for November 9, 2020
Continued to December 8, 2020 @ 1:30 p.m.
Ruling for October 1, 2020:
Continued to November 6, 2020 at 10:00 a.m.
Ruling for June 8, 2020: Plan confirmation hearing set for 9/2/20 at 1:30 p.m. Deadline for objections to plan confirmation is 8/19/20. Deadline for the Debtor to file a brief in support of confirmation and response to objections is 8/26/20. No new
10:00 AM
status report needed.
Ruling for May 13, 2020:
Continued to June 8, 2020 at 1:30 p.m. Debtor to file and serve a notice of continuance.
May 13, 2020
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through June 30, 2020 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
Ruling for December 11, 2019
Continued to 1/22/20 at 1:30 p.m.
Ruling for September 10, 2019
The application to employ the Orantes Law Firm is set for hearing on October 7, 2019 at 1:30 p.m. The Orantes Law Firm shall files its supplemental brief by September 23, 2019 on the issues identified by the Court during the status conference. Any opposition shall be filed by September 30, 2019.
The bar date is set for November 1, 2019. Notice of the bar date to be filed and served by September 17, 2019.
Continued to December 11, 2019 at 1:30 p.m. Dtr to file and serve a notice of continued status conference. Dtr to file an updated status report by November 27, 2019.
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes
10:00 AM
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes
11:00 AM
Establishing protocols for providing notice of bankruptcy filing and other matters to subscribers;
Authorizing debtor to redact certain personal identification information for subscribers;
Authorizing debtor to include in its schedules of assets and liabilities a general statement regarding potential claims of subscribers;
Limiting notice; and
Establishing bar date for filing proofs of claim
Docket 11
NONE LISTED -
Debtor(s):
Orby TV, LLC Represented By Ron Bender
Krikor J Meshefejian
11:00 AM
of subscriber agreements
Docket 23
NONE LISTED -
Debtor(s):
Orby TV, LLC Represented By Ron Bender
Krikor J Meshefejian
1:30 PM
Adv#: 1:20-01003 GOTTLIEB v. Campbell
recovery of money / property - § 548.fraudulent transfer
recovery of money / property - other
fr. 3/19/20, 6/25/20, 6/26/20, 8/13/20, 8/21/20,10/29/20; 1/21/21
Docket 3
Ruling for October 29, 2020:
Continued to January 21, 2021 at 1:30 p.m.
Ruling for August 21, 2020:
Continued to October 29, 2020 at 1:30 p.m.
Ruling for 6/26/20: Continued to 8/13/20 at 2:30 p.m. No new status report required.
Ruling for 3/19/20: Continued to 6/25/20 at 1:30 p.m. Trustee shall file a motion for default judgment before that date. Trustee should set the motion for default judgment for 6/25/20 at 1:30 p.m. If this is done, then no updated status report is needed.
March 19, 2020
Telephonic Hearing Only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT
(866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
1:30 PM
Debtor(s):
Penthouse Global Media, Inc. Represented By Michael H Weiss
Defendant(s):
Robert Campbell Pro Se
Plaintiff(s):
DAVID K GOTTLIEB Represented By Bradley E Brook
Trustee(s):
David Keith Gottlieb (TR) Represented By
Linda F Cantor ESQ Jeffrey L Kandel Iain A W Nasatir Bradley E Brook
1:30 PM
Adv#: 1:20-01004 GOTTLIEB v. Holland et al
recovery of money/property - 548 fraudulent transfer other actions that would have been brought in state court if unrelated to bankruptcy
fr. 3/19/20, 6/25/20, 6/26/20, 8/13/20, 8/21/20, 10/29/20, 1/21/21
Docket 1
Ruling for October 29, 2020:
Continued to January 21, 2021 at 1:30 p.m.
Ruling for August 21, 2020:
Continued to October 29, 2020 at 1:30 p.m.
Ruling for 6/26/20: Continued to 8/13/20 at 2:30 p.m. Trustee should file a notice of continued status conference.
Ruling for 3/19/20: Continued to 6/25/20 at 1:30 p.m. Updated joint status report must be filed by 6/11/20.
Debtor(s):
Penthouse Global Media, Inc. Represented By Michael H Weiss
1:30 PM
Defendant(s):
Kelly Holland Pro Se
Revideo, Inc. Pro Se
Plaintiff(s):
DAVID K GOTTLIEB Represented By Bradley E Brook
Trustee(s):
David Keith Gottlieb (TR) Represented By
Linda F Cantor ESQ Jeffrey L Kandel Iain A W Nasatir Bradley E Brook
1:30 PM
Adv#: 1:21-01008 Seror, Chapter 7 Trustee v. Rubanenko et al
Docket 1
NONE LISTED -
Debtor(s):
Heaven Hospice Inc. Represented By Michael Jay Berger
Defendant(s):
Adam Rubanenko Pro Se
Roy Rubanenko Pro Se
Plaintiff(s):
David Seror, Chapter 7 Trustee Represented By Ryan Coy
Trustee(s):
David Seror (TR) Represented By Jessica L Bagdanov Ryan Coy
1:30 PM
Adv#: 1:19-01131 Diane C. Weil, Chapter 7 Trustee for the Bankruptc v. Maldonado
avoidance of fraudulent transfer;
recovery of avoided transfers;
declaratory relief; and
turnover of property [11 U.S.C. §§ 542, 548, and 550]
fr. 1/9/20, 3/19/20, 5/28/20, 9/3/20; 9/15/20, 11/20/20; 1/21/21
Stip to dismiss filed 3/19/21
Docket 1
1:30 PM
Ruling for September 15, 2020: Continued to 11/20/20 at 2:30 p.m.
Ruling for May 28, 2020
Continued to September 3, 2020 at 1:30 p.m.
Final Ruling for March 19, 2020: Since the parties are seeking to schedule a mediation in this action, the status conference is continued to 5/28/20 at 1:30 p.m. Should the parties need additional time to mediate, please file and serve a stipulation to continue. Appearances are waived for the 3/19/20 status conference.
Ruling for 1/9/20: Continue to 3/19/20 at 1:30 p.m.
Debtor(s):
Maldonado Construction and Represented By Steven A Alpert
Defendant(s):
Carlos E. Maldonado Pro Se
Plaintiff(s):
Diane C. Weil, Chapter 7 Trustee for Represented By
Anthony A Friedman
Trustee(s):
Diane C Weil (TR) Represented By Anthony A Friedman
2:30 PM
Adv#: 1:19-01051 World Systems Inc v. South Bay Properties et al
fr. 9/12/19; 10/23/19; 1/9/20; 2/20/20; 4/2/20, 6/25/20; 6/26/20(stip), 8/24/20, 10/29/20, (adv fr.12/18/20), 12/10/20; 1/21/21
Docket 14
Ruling for December 10, 2020: Continued to 1/21/21 at 2:30 p.m.
Ruling for October 29, 2020: Continued to 12/18/20 at 2:30 p.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
World Systems, Inc. Represented By Lewis R Landau
2:30 PM
Defendant(s):
South Bay Properties Represented By Leslie A Cohen
Best Alliance Foreclosure and Lien Pro Se Equity Title Pro Se
Michael G Anderson Trust Pro Se
Plaintiff(s):
World Systems Inc Represented By Lewis R Landau
2:30 PM
Adv#: 1:19-01051 World Systems Inc v. South Bay Properties et al
fr. 6/27/19, 9/12/19 (from 1:30pm); 9/12/19; 10/23/19; 1/9/20; 2/20/20; 4/2/20, 6/25/20; 6/26/20(stip), 8/24/20,
10/29/20, (adv fr.12/18/20), 12/10/20; 1/21/21
Docket 13
Ruling for December 10, 2020: Continued to 1/21/20 at 2:30 p.m.
Ruling for October 29, 2020: Continued to 12/18/20 at 2:30 p.m. Joint status report must be filed by 12/4/20 unless a settlement is reached and a 9019 motion is filed.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for 6/27/19: Amended complaint must be filed by 7/15/19. Answer or
2:30 PM
responsive pleading due by 8/6/19. Continued to 9/12/19 at 1:30. Parties should file an updated joint status report. Plaintiff must lodge a scheduling order within seven days.
Debtor(s):
World Systems, Inc. Represented By Lewis R Landau
Defendant(s):
South Bay Properties Pro Se Best Alliance Foreclosure and Lien Pro Se Equity Title Pro Se
Michael G Anderson Trust Pro Se
Plaintiff(s):
World Systems Inc Pro Se
2:30 PM
fr. 4/1/20, 5/13/20, 6/8/20, 8/12/20, 8/17/20, 10/1/20,
10/29/20, (adv fr. 12/18/20), 12/10/20; 1/21/21
Docket 123
Ruling for December 10, 2020: Continued to 1/21/20 at 2:30 p.m.
Ruling for October 29, 2020: Continued to 12/18/20 at 2:30 p.m.
Ruling for 10/1/20:
Continued to October 29, 2020 at 2:30 p.m.
Ruling for August 17, 2020
Tentative adopted.
Ruling for June 8, 2020: Continued to 8/12/20 at 1:30 p.m.
Ruling for May 13, 2020:
Continued to June 8, 2020 at 1:30 p.m.
Ruling for April 1, 2020: Extension request is granted through 5/13/20. Continued
2:30 PM
to 5/13/20 at 1:30 p.m.
Debtor(s):
World Systems, Inc. Represented By Lewis R Landau Leslie A Cohen
2:30 PM
fr. 3/26/19; 6/25/19; 8/14/19, 11/13/19, 2/19/20, 4/1/20,
5/13/20, 6/8/20, 8/12/20, 8/17/20, 10/1/20, 10/29/20, (adv 12/18/20),
12/10/20; 1/21/21
Docket 1
Ruling for December 10, 2020: Continued to 1/21/20 at 2:30 p.m.
Ruling for October 29, 2020: Continued to 12/18/20 at 2:30 p.m.
Ruling for 10/1/20:
Continued to October 29, 2020 at 2:30 p.m.
Ruling for August 17, 2020
Tentative adopted.
Ruling for June 8, 2020: Continued to 8/12/20 at 1:30 p.m. Debtor is required to file an updated status report by 8/5/20.
Ruling for May 13, 2020:
2:30 PM
Continued to June 8, 2020 at 1:30 p.m.
Ruling for April 1, 2020: Continued to 5/13/20 at 1:30 p.m. Debtor may file a brief update at least one day prior to the hearing.
Ruling for 2/19/20: Continued to 4/1/20 at 1:30 p.m.
Ruling for 11/13/19: Deadline to file plan and disclosure statement continued to 1/31/20. Continued to 2/19/20 at 1:30 p.m. Debtor to file a notice of continued status conference.
Ruling for August 14, 2019:
Continued to November 13, 2019 at 1:30 p.m. The Dtr can set its disclosure statement for hearing at the same date and time.
Ruling for 6/25/19: Debtor to lodge scheduling order establishing 10/1/19 as the deadline for the debtor to file a plan. Continued to 8/14/19 at 1:30 p.m. Debtor to serve notice of continuance. No updated status report needed.
Ruling for March 26, 2019:
The general claims bar date is May 3, 2019. Debtor shall serve notice of the bar date by March 29, 2019. Continued to June 25, 2019 at 1:30 p.m. Debtor shall file and serve notice of the continued status conference.
Debtor(s):
World Systems, Inc. Represented By Lewis R Landau
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
NONE LISTED -
10:00 AM
Docket 116
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m.
Debtor to file and serve a 2d amended plan by February 24, 2021. Objections to confirmation to be filed by March 12, 2021. Replies to be filed by March 19, 2021. Debtor to lodge a scheduling order.
Debtor(s):
Super Calidad Auto Sales, Inc. Represented By Louis J Esbin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
10:00 AM
9/2/20, 9/14/20; 9/22/20; 10/27/20, 2/16/21, 3/23/21
Docket 1
Ruling for 10/27/20: Continued to 2/16/21 at 1:30 p.m. Debtor to file and serve a notice of continued status conference.
Ruling for September 22, 2020:
Continued to October 27, 2020 @ 1:30 pm
Debtor(s):
Super Calidad Auto Sales, Inc. Represented By Louis J Esbin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
10:00 AM
Docket 49
Liquidation Analysis. The liquidation analysis in section I.C is cursory, incomplete and unacceptable. A liquidation analysis needs to account for all of the debtor's property and estimate the amount that would be yielded for each of those assets if liquidated in a hypothetical chapter 7.
The brief discussion here acknowledges that the Debtor has equity interests in various businesses but makes no attempt to value those interests if they were liquidated by a chapter 7 trustee. In a single sentence, this section mentions a property and something about costs of sale, but to someone other than a bankruptcy lawyer this sentence is unintelligible. Further, no other information is given about the Debtor's other tangible and intangible property interests. This is not an adequate liquidation analysis.
The liquidation analysis should illustrate the "waterfall" of distribution in a hypothetical chapter 7 case. This is most effectively done in an exhibit (i.e., a detailed chart), together with detailed explanatory text. No such exhibit was provided, even though it is clearly contemplated by Official Form 425A. Moreover, the text explains very little.
The Debtor must amend the Plan to include a real liquidation analysis. The
10:00 AM
analysis should, at a minimum, account for all of the Debtor's assets, identify estimated liquidation values and the basis for those values for each asset or category of assets, identify each of the secured creditors and the amounts of their claims, estimate all administrative expenses in a chapter 7 liquidation of the estate, estimate the amount of priority unsecured claims, estimate the amount of unsecured claims, and show the "math."
Class 1 Priority Tax Claim: In Article 2, dealing with "Classification of Claims and Interests," the Plan states that Class 1 priority claims will be paid within 24 months of the effective date under the Plan. In Article 3, dealing with "Treatment of Claims and Interests," the Plan states that Class 1 priority claims will be paid in full on the Effective Date. The Debtor must fix this inconsistency. The Court notes that Article 2 should not contain any treatment information in any event, as that section should only address classification.
Franchise Tax Board, Proof of Claim #1: The FTB filed a proof of claim on December 11, 2020. The claim is listed as secured in the amount of
$32,407.69. Upon the filing of the claim, it was deemed allowed. 11 U.S.C. § 502(a). The Plan, however, fails to address this claim in any way. Was it simply an oversight? Does the Debtor intend to object to the claim and obtain an adjudication prior to confirmation? If not, how does the plan propose to deal with it? These issues must be clarified.
Class 2 Secured Claims. These subsections are ambiguous. Are you purporting to describe the existing terms of these secured claims? Or the modified terms of these claims, following treatment under the plan? This must be clarified.
Class 3. The Debtor contends there are just two allowed claims in Class 3. The Plan should specifically identify the holders of these claims by name and the amounts at which those claims are allowed. The Court notes that the Debtor has scheduled a series of disputed claims in very significant amounts. Although claims that are scheduled as disputed in a chapter 11 case are not deemed allowed, see 11
U.S.C. § 1111(a), the Court believes that the additional specificity is warranted—so it is absolutely clear which unsecured creditors the plan is proposing to pay.
Class 3 Impairment? The Plan fails to state whether Class 3 is
10:00 AM
impaired. It appears from the Plan that the class is impaired and should be designated accordingly.
Voting Classes. Subject to the foregoing, the Plan generally identifies which classes are impaired but fails to identify which classes are entitled to vote.
Executory Contract/Unexpired Lease. The Plan asserts that the Debtor has no executory contracts or unexpired leases. The Debtor, however, identifies a vehicle lease in his Schedule G, the Schedule of Executory Contracts and Unexpired Leases. Why the discrepancy? Either the Plan or Schedule G must be amended.
Effective Date Funding Requirements. The Plan should—but does not—identify the amount of cash necessary to satisfy all claims that will be due on the occurrence of the effective date of the Plan. The Court believes this is an important element of the Plan. In connection with confirmation, and satisfying his burden with respect to feasibility, the Debtor will have to show that the funds are available to satisfy this amount.
Administrative Expense Claims. The text of section 3.01 is nonsensical. It says that there are no unclassified administrative expense claims. In the next section, section 3.02, the Plan states that there are unclassified administrative expense claims, i.e., administrative expenses of the Sub V trustee. Why did the Debtor deviate here from the text of Official Form 425A with respect to section 3.01? What was the Debtor trying to achieve? Section 3.01 is inconsistent with section 3.02 (and common sense) and should be corrected.
Further, Section 3.02 is infirm on its face for multiple reasons. First, it provides no treatment for any administrative expense claim. Treatment must be specified.
Second, it identifies no administrative expense claims other than the Sub V trustee. This is not plausible. What about counsel? Is counsel working for free? What about administrative tax claims and other obligations that arose in the ordinary course of the Debtor's affairs during the case? Third, it is inadequate to say the Sub V fees are not known. The Debtor should endeavor to get an estimate from the Sub V trustee and the Sub V trustee should accommodate such a request.
180 Day Income and Expense Projections. These projections are potentially confusing to creditors because they do not clearly reflect all payments that
10:00 AM
will be due under the plan and do not clearly show whether the Debtor is able to meet those obligations. There are references to payments on a first, second and third deed of trust. To which classes under the Plan do these payments correspond? Where are the payments on administrative expenses and priority tax claims? Where are the payments to the holders of unsecured claims? Presumably some of these payments will be on the effective date of the plan and some over time—that needs to be shown.
Provisions on Default. Article 10 of the Plan states that if the Debtor does not make all required plan payment, the plan's default provisions will control. Those provisions, at least as described in section 10.01, are incomplete. They propose a process for noticing a default but say nothing of the consequences of a failure to cure. What is the point of having default procedures if they don't say what happens?
Debtor(s):
Brian Anthony Veskosky Represented By Michael R Totaro
Trustee(s):
Susan K Seflin (TR) Pro Se
10:00 AM
fr. 1/19/21, 2/3/21, 3/23/21
Docket 1
Ruling for February 3, 2021:
Debtor to file the projections omitted from the status report by February 5, 2021. Status conference is continued to March 23, 2021 at 1:30 p.m.
Debtor(s):
Brian Anthony Veskosky Represented By Michael R Totaro
Trustee(s):
Susan K Seflin (TR) Pro Se
10:00 AM
Docket 60
NONE LISTED -
Debtor(s):
Queen City Rehabs and Renovations Represented By
Roseann Frazee
10:00 AM
Dismiss this case with a 1 year bar to refiling or
Convert to chapter 7 or
Transfer case to the Western District of North Carolina based on improper venue
Docket 1
NONE LISTED -
Debtor(s):
Queen City Rehabs and Renovations Represented By
Roseann Frazee
10:00 AM
fr. 2/16/21, 3/23/21
Docket 16
Ruling for February 16, 2021:
RFS granted as of 4:05 p.m. The motion to transfer venue is continued to March 23, 2021 at 1:30 p.m. Supplemental brief by Movants to be filed by March 2, 2021; supplemental opposition to be filed by March 16, 2021; supplemental reply papers to be filed by March 19, 2021.
Debtor(s):
James Alexander Represented By David B Golubchik
Trustee(s):
Gregory Kent Jones (TR) Pro Se
10:00 AM
Docket 88
NONE LISTED -
Debtor(s):
Javier Caceres Represented By Onyinye N Anyama
10:00 AM
SAM LAMONICA BY AND THROUGH HIS AGENT CITIVEST REALTY AND MORTGAGE COMPANY
fr. 3/23/21
Docket 236
NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
10:00 AM
Re: 3335 Santa Anita Avenue, El Monte, California 91731 ROMSPEN MORTGAGE LIMITED PARTNERSHIP
fr. 3/23/21
Docket 252
NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
10:00 AM
Approving stipulation granting relief from the automatic stay;
Authorizing the chapter 11 trustee to disburse funds pursuant to the terms of the stipulation; and
Dismissing this bankruptcy case pursuant to the terms of the stipulation
Docket 275
NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
10:00 AM
Authorizing disbursement of estate funds;
Dismissing bankruptcy case; and
Granting related relief
Docket 279
NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
10:00 AM
Authohrizing the chapter 11 tustee to obtain postpetition financing and use cash collateral
Granting senior secured and other liens and superpriority claims (III)Granting adequate protection
Modifying the automatic stay; and
Granting related relief
Docket 282
NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
10:00 AM
11 U.S.C.§§ 327 and 328 in Gateway Five, LLC bankruptcy case fr. 2/16/21, 3/23/21
Docket 150
Ruling for February 16, 2021: Continued to 3/23/21 at 1:30 p.m. Trustee's counsel should file and serve a notice of continuance.
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
10:00 AM
Docket 244
- NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
12:00 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
tab "Telephonic Instructions."
Docket 0
12:00 PM
Docket 19
Debtor(s):
Orby TV, LLC Represented By Ron Bender
Krikor J Meshefejian
1:30 PM
fr. 5/26/20, 8/12/20, 8/17/20, 10/1/20, 2/2/20, 2/3/21, 3/23/21
Docket 141
Debtor(s):
Rosalinda Del Socorro Mendoza Represented By
Lionel E Giron Crystle Jane Lindsey Merdaud Jafarnia Joanne P Sanchez
Joint Debtor(s):
Jose Padilla Saldivar Represented By Lionel E Giron
Crystle Jane Lindsey Merdaud Jafarnia Joanne P Sanchez
1:30 PM
fr. 11/10/20, 12/9/20, 2/16/21, 3/23/21
Docket 116
Debtor(s):
Jose Jesus Ortiz Represented By Lionel E Giron
Crystle Jane Lindsey Joanne P Sanchez
1:30 PM
4/1/20, 5/26/20, 8/12/20, 8/17/20, 11/10/10, 12/9/20, 2/16/21,
3/23/21
Docket 1
Debtor(s):
Jose Jesus Ortiz Represented By Lionel E Giron
1:30 PM
# 2 Exhibit Exhibits :L- M
Docket 197
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
1:30 PM
fr. 6/25/19; 9/25/19, 12/11/19, 3/17/20, 5/26/20, 8/12/20; 8/17/20, 9/14/20. 11/10/20, 1/19/21, 2/3/21,
3/23/21
Docket 1
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
1:30 PM
Docket 39
Debtor(s):
Oscar R. Ortega Represented By Robert M Yaspan
1:30 PM
fr. 1/22/20, 5/13/20, 6/8/20, 7/13/20, 11/20/20, 1/5/21, 3/23/21
Docket 1
Debtor(s):
Oscar R. Ortega Represented By Robert M Yaspan
1:30 PM
Docket 41
Debtor(s):
Cross Country Holdings Partnership, Represented By
Raymond H. Aver
1:30 PM
Docket 1
Debtor(s):
Cross Country Holdings Partnership, Represented By
Raymond H. Aver
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
Docket 106
- NONE LISTED -
Debtor(s):
Craig Alan Lieberman Represented By Reed H Olmstead
Movant(s):
CalLoan Corp, a California Represented By Daniel K Fujimoto Caren J Castle
10:00 AM
Docket 16
Tentative Ruling for April 7, 2021
Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than April 14, 2021.
Debtor(s):
Terry Edward Larson Represented By Leslie A Tos
Joint Debtor(s):
Vanessa Lynn Larson Represented By Leslie A Tos
Movant(s):
PennyMac Loan Services, LLC Represented By Robert P Zahradka
Trustee(s):
Jeremy W. Faith (TR) Pro Se
10:00 AM
Docket 8
Tentative Ruling for April 7, 2021
Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than April 14, 2021.
Debtor(s):
Teresa B Guerrero Represented By Michael B Clayton
Movant(s):
Kinecta Federal Credit Union Represented By Mark S Blackman
Trustee(s):
Sandra McBeth (TR) Pro Se
10:00 AM
RE: [9] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Dodge Journey, VIN:3C4P DCBG 0FT6 90911 .
Docket 9
- NONE LISTED -
Debtor(s):
Claudia Leticia Casillas Represented By Steven A Alpert
Movant(s):
Mechanics Bank Auto Finance Represented By Vincent V Frounjian
Trustee(s):
Sandra McBeth (TR) Pro Se
10:00 AM
Docket 8
- NONE LISTED -
Debtor(s):
Alfred Leory Sweet Represented By
Adele M Schneidereit
Movant(s):
Kia Motors Finance Represented By Sheryl K Ith
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 32
- NONE LISTED -
Debtor(s):
David Brogan Represented By Todd J Mannis
Joint Debtor(s):
Ghina Brogan Represented By Todd J Mannis
Movant(s):
Jerry Namba (TR) Represented By Reed H Olmstead
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
11:30 AM
Docket 61
Final Ruling for April 7, 2021
Granted. No opposition or objections filed. Movant to lodge an order granting the motion and a separate order dismissing the related adversary proceeding.
Appearances waived.
Debtor(s):
Bashar Albawab Represented By Brian Nomi
Movant(s):
Robert M. Gurfield Living Trust Represented By
William E. Winfield
Trustee(s):
Jerry Namba (TR) Represented By Meghann A Triplett
11:30 AM
RE: [7] Motion to Dismiss Debtor Notice of Motion and Motion to Dismiss Involuntary Petition and Award Fees, Costs and Sanctions Pursuant to 11
U.S.C. § 303(i); Memorandum of Points and Authorities; Declaration of Michael Guss in Support Thereof
FR. 2-19-21
Docket 7
Ruling for February 19, 2021
Continued to 4/7/21 @ 11:30 a.m. The Petition Creditors shall filed an amended petition correcting the defects, and file their Rule 1010(b) statements by 3/5/21. The alleged debtor may supplement the Motion by 3/12/21. The Petitioning Creditors may supplement their opposition by 3/26/21. The alleged debtor may file supplemental reply papers by 4/2/21.
Debtor(s):
Michael I. Gauss Represented By Matthew A Lesnick
Movant(s):
Michael I. Gauss Represented By Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick Matthew A Lesnick
11:30 AM
Matthew A Lesnick Matthew A Lesnick
11:30 AM
RE: [1] Chapter 7 Involuntary Petition Against an Individual Michael I. Gauss. (Filed by attorney Robert M Yaspan, Petitioning Creditors: Rasel, Ltd., Consul Group RE 2021, S.R.L, NEEW TNG fka RSW Investments Group Ltd, SWIG AMERICA CONSULTING, LLC, Arteam Consult, Ltd, Genius of Wealth, LLC, and SWIG International Ltd.)
FR. 2-10-21, 2-19-21
Docket 1
Ruling for February 19, 2021
Continued to 4/7/21 @ 11:30 a.m.
Debtor(s):
Michael I. Gauss Represented By Matthew A Lesnick
1:30 PM
Docket 156
- NONE LISTED -
Debtor(s):
Isaias Raquel Barcarse Represented By Arasto Farsad
Joint Debtor(s):
Clarita Bertis Barcarse Represented By Arasto Farsad
1:30 PM
Docket 109
- NONE LISTED -
Debtor(s):
Craig Alan Lieberman Represented By Reed H Olmstead
1:30 PM
Chapter 11 Status Conference
FR. 12-18-19, 3-25-20, 4-29-20, 7-1-20, 8-26-20, 11-18-20
FR. 1-20-21, 1-27-21
Docket 1
Ruling for February 2, 2021
Continued to April 7, 2021 at 1:30 p.m.
Ruling for November 18, 2020
Continued to 1/20/20 @ 1:30 p.m. No new status report is required. Debtor can set his motion to dismiss the case for the same date and time provided 21 days notice is provided to all creditors.
Ruling for August 26, 2020: Continued to 11/18/20 at 1:30 p.m.
Ruling for April 29, 2020: Continued to 7/1/20 at 1:30 p.m. Debtor should file an updated status report by 6/17/20. Court will prepare an order regarding the extension of the disclosure statement and plan deadline and the continued status conference date.
Ruling for 3/25/20: Continued to 4/29/20 at 1:30 p.m. Court will prepare an order.
Ruling for December 18, 2019
The claims bar date will be February 15, 2020. Debtor must serve notice of the bar date by December 27, 2019 on the mandatory local rules form.
The deadline for the Debtor to object to claims will be March 13, 2020.
The deadline for the Debtor to file his initial plan and disclosure statement will be March 13, 2020.
A continued chapter 11 status conference will be held on March 25, 2020 at 1:30 p.m. Provided Debtor has filed a disclosure statement and plan on March 13, 2020, no
1:30 PM
updated status report needs to be filed and served. The Court will prepare a scheduling order memorializing these dates. The Debtor will be responsible for serving all creditors with the entered scheduling order.
Debtor(s):
Steven Corl Decker Pro Se
1:30 PM
RE: [1] Chapter 11 Voluntary Petition Individual. Janet Lawson)
Docket 1
- NONE LISTED -
Debtor(s):
Eileen Lazar Represented By
Janet A Lawson
2:30 PM
Adv#: 9:18-01046 Diversified Engineering of Westlake, Inc v. Payton et al
(3)fraud as fiduciary, embezzlement, larceny (4)dischargeability - 523(a)(6)
willful and malicious injury
Objection / revocation of discharge - 727(c),(d),(e)))
FR. 11/28/18, 2/25/19, 5/22/19, 9/12/19, 12/12/19, 4/15/20, 7/1/20, 9/16/20, 1/20/21, 2/2/21
Docket 1
Ruling for February 2, 2021: Continued as a pretrial conference to 4/7/21 at 2:30 p.m.
Ruling for September 16, 2020: Continued to 1/20/21 at 2:30 p.m. Plaintiff should file and serve a notice of continued hearing.
Ruling for July 1 2020: Continued to 9/16/20 at 2:30 p.m.
Ruling for 4/15/20: Continued to 7/1/20 at 2:30 p.m. The parties may use this date for a case dispositive motion. This will be a video hearing. Parties should lodge an agreed form of order regarding relevant dates.
April 15, 2020
Telephonic Hearing Only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic
2:30 PM
appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866)582-6878. Additional details are available by visiting their website: https://courtcall.com.
Ruling for 12/12/19: Cont. to 4/15/20 at 1:30 p.m. Parties should file an updated joint status report 14 days before the hearing.
Ruling for 9/12/19: The deadline for the completion of discovery and the filing of case dispositive motions is extended to 2/28/20. Continued to 12/12/19 at 1:30 p.m. The parties may appear telephonically. No new status report is required.
Ruling for May 22, 2019:
The status conference is continued to September 12, 2019 at 1:30 p.m. in Woodland Hills; the parties may appear telephonically. The parties shall file a brief joint status report prior to the continued status conference. The last day for discovery to be completed, inclduing receiving responses to discovery requests, is December 6, 2019. The last day to join other parties and to amend pleadings is December 6, 2019. The last day for case dispositive pre-trial motions to be filed and served is January 30, 2020.
Ruling for November 28, 2018: Amended complaint must be filed no later than January 14, 2019. Answer must be filed no later than February 13, 2019. The status conference is continued to February 25, 2019 at 2:00 p.m. No updated status report is required.
Debtor(s):
Bridgette Allison Payton Represented By Patrick T Green
Defendant(s):
Bridgette Payton Represented By Patrick T Green
Roy Mendoza Represented By Patrick T Green
2:30 PM
Joint Debtor(s):
Roy Esteban Mendoza Represented By Patrick T Green
Plaintiff(s):
Diversified Engineering of Westlake, Represented By
Larry D Webb
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:19-01051 Griswold v. Offshore Marina, Inc.
Docket 1
- NONE LISTED -
Debtor(s):
Greg Griswold Pro Se
Defendant(s):
Offshore Marina, Inc. Pro Se
Plaintiff(s):
Greg Griswold Pro Se
Trustee(s):
Jerry Namba (TR) Represented By Meghann A Triplett
2:30 PM
Adv#: 9:19-01049 Klosinski v. United States Department of Education
Status Conference re: [1] Complaint for Denial of Discharge (11 U.S.C. Sections 727(a)(2), (a)(3), (a)(4), (a)(7) and (c))
FR. 11-6-19, 1-15-20, 3-25-20, 7-1-20, 10-7-20, 1-13-21
Docket 1
Ruling for January 13, 2021:
Continued to April 7, 2021 at 2:30 p.m.
Ruling for October 7, 2020: Continued to 1/13/21 at 2:30 p.m. Updated status report is not required.
Ruling for July 1 2020: Continued to 10/7/20 at 2:30 p.m. Updated status report is not required. However, the parties should meet and confer and discuss proposed litigation dates if the matter does not settle.
Ruling for 3/25/20: Continued to 7/1/20 at 2:30 p.m. No new status report is needed.
March 25, 2020
Telephonic Hearing Only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT
(866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for 11/6/19: Continued to January 15, 2020 at 2:30 p.m. Parties may appear
2:30 PM
by phone. Notice is waived. By January 8, 2020, the parties should provide the Court with an update.
Debtor(s):
Christopher Richard Klosinski Represented By David Jacob
Defendant(s):
United States Department of Represented By Elan S Levey
Joint Debtor(s):
Judy Lynn Klosinski Represented By David Jacob
Plaintiff(s):
Christopher Richard Klosinski Represented By Christine A Kingston
Trustee(s):
Jerry Namba (TR) Pro Se
2:30 PM
Adv#: 9:19-01054 Namba v. Rasbe, Inc et al
RE: [1] Adversary case 9:19-ap-01054. Notice of Removal by Silverlake Park, LLC, Jerry Namba. (Attachments: # 1 Adversary Coversheet # 2 Notice of Status Conference # 3 Proof of Service) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)) (Pagay, Carmela)
FR. 12-4-19, 1-29-20, 2-10-20, 3-25-20, 5-20-20, 7-15-20, 9-30-20, 12-4-20,
1-20-21, 1-27-21
Docket 1
Ruling for February 2, 2021
Continued to April 7, 2021 @ 2:30 p.m.
Ruling for December 4, 2020:
Continued to January 20, 2021 at 2:30 p.m. to be heard with the Trustee's forthcoming motion to amend complaint. No updated status report is required.
Ruling for September 30, 2020: Continued to 12/16/20 at 2:30 p.m. Trustee to file and serve notice of continued status conference.
Ruling for July 15, 2020: Continued to 9/30/20 at 2:30 p.m. No joint status report is required.
Ruling for May 20, 2020:
The last day to amend the pleadings and join parties, or obtain leave to do so, is January 31, 2021. The last day to file and serve case dispositive pre-trial motions is February 15, 2021. Status conference continued to July 15, 2020 at 2:30 p.m.
Plaintiff to lodge a scheduling order.
2:30 PM
Ruling for 3/25/20: Discovery cut-off is 1/31/21. Continued status conference is 5/20/20 at 2:30 p.m. No new status report required. Parties may appear by phone at the continued status conference. Plaintiff's counsel should lodge a scheduling order.
Ruling for 2/10/20: Continued to 3/25/20 at 11:30 a.m.
Ruling for January 29, 2020:
Continued to 2/10/20 at 11:30 a.m., to coincide with the pending motion to dismiss the bankruptcy case. The Trustee shall serve all parties with notice of the continued status conference. APPEARANCES WAIVED ON JANUARY 29, 2020
Ruling for December 4, 2019:
Continued to 1/29/20 at 2:30 p.m. Trustee to serve all parties with notice of the continued status conference.
Debtor(s):
Rasbe, Inc Represented By
Khachik Akhkashian
Defendant(s):
Rasbe, Inc Pro Se
Sherr, LLC Pro Se
Komie, Inc. Pro Se
Emmet, Inc. Pro Se
Benel, Inc. Pro Se
Kayam, Inc. Represented By
Matthew Abbasi
Rone Oren Represented By
Michael N Sofris
Cucamonga Inc. Pro Se
2:30 PM
Laura Ballegeer Represented By Matthew Abbasi
DOES 1-29 inclusive Pro Se
Plaintiff(s):
Jerry Namba Represented By
Carmela Pagay Richard P Steelman Jr
Trustee(s):
Jerry Namba (TR) Represented By Timothy J Yoo Carmela Pagay
2:30 PM
Adv#: 9:19-01077 Valencia v. Sierra
RE: [1] Adversary case 9:19-ap-01077. Complaint by Gustavo Valencia against Sara Sierra. willful and malicious injury)),(64 (Dischargeability - 523(a)(15), divorce/sep property settlement/decree)) (Grant, Karen)
FR. 1-29-20, 4-29-20, 8-5-20, 11-4-20, 12-4-20, 1-20-21, 2-2-21
Docket 1
Ruling for February 2, 2021
Continued to a forthcoming date to trail the plaintiff's MSJ. The Court will enter a scheduling order.
Ruling for December 4, 2020:
Continued to January 20, 2021 at 2:30 p.m. No new status report is needed.
Ruling for November 4, 2020: Continued to 12/16/20 at 2:30 p.m. No new status report is needed.
Debtor(s):
Sara Sierra Represented By
Kenneth H J Henjum
Defendant(s):
Sara Sierra Represented By
Creighton A Stephens
Plaintiff(s):
Gustavo Valencia Represented By Karen L Grant
2:30 PM
Trustee(s):
Jerry Namba (TR) Pro Se
2:30 PM
Adv#: 9:19-01077 Valencia v. Sierra
Docket 23
- NONE LISTED -
Debtor(s):
Sara Sierra Represented By
Kenneth H J Henjum
Defendant(s):
Sara Sierra Represented By
Creighton A Stephens
Movant(s):
Gustavo Valencia Represented By Karen L Grant
Plaintiff(s):
Gustavo Valencia Represented By Karen L Grant
Trustee(s):
Jerry Namba (TR) Pro Se
2:30 PM
Adv#: 9:19-01077 Valencia v. Sierra
RE: [1] Adversary case 9:19-ap-01077. Complaint by Gustavo Valencia against Sara Sierra. willful and malicious injury)),(64 (Dischargeability - 523(a)(15), divorce/sep property settlement/decree)) (Grant, Karen)
FR. 1-29-20, 4-29-20, 8-5-20, 11-4-20, 12-4-20, 1-20-21, 2/2/21
Docket 1
Ruling for February 2, 2021
Continued to a forthcoming date to trail the plaintiff's MSJ. The Court will enter a scheduling order.
Ruling for December 4, 2020:
Continued to January 20, 2021 at 2:30 p.m. No new status report is needed.
Ruling for November 4, 2020: Continued to 12/16/20 at 2:30 p.m. No new status report is needed.
Debtor(s):
Sara Sierra Represented By
Kenneth H J Henjum
Defendant(s):
Sara Sierra Represented By
Creighton A Stephens
Plaintiff(s):
Gustavo Valencia Represented By Karen L Grant
2:30 PM
Trustee(s):
Jerry Namba (TR) Pro Se
2:30 PM
Adv#: 9:19-01080 Quintero v. Staudenbaur et al
RE: [25] Adversary case 9:19-ap-01080. AMENDED Complaint by Quintero Angela against Maria L Staudenbaur, Eric C Staudenbaur.
FR. 8-26-20, 1-13-21
Docket 25
Ruling for January 13, 2021:
The Court will issue a scheduling order continuing the status conference to April 7, 2021 at 2:30 p.m.
Ruling for August 26, 2020: Continued to 1/13/21 at 2:30 p.m. Updated status report to be filed no later than 1/4/21.
Plaintiff should prepare and lodge a scheduling order with the following dates: 11/6/20 last day to join other parties and amend pleadings and the last day for discovery to be completed;
11/25/20 as the last day for any case dispositive motions to be filed; and 1/13/21 as the last day for case dispositive motions to be heard.
Tentative Ruling for March 11, 2020
Appearance by telephone is authorized for all parties.
Debtor(s):
Eric C Staudenbaur Represented By Daniel King John D Faucher
2:30 PM
Defendant(s):
Maria L Staudenbaur Represented By John D Faucher
Eric C Staudenbaur Represented By John D Faucher
Joint Debtor(s):
Maria L Staudenbaur Represented By Daniel King John D Faucher
Plaintiff(s):
Angela Quintero Represented By Shawn S White
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:20-01052 McBeth v. Sosa
Docket 13
- NONE LISTED -
Debtor(s):
Aldo Sosa Represented By
Bernal P Ojeda
Defendant(s):
Edgar Sosa Represented By
Bernal P Ojeda
Movant(s):
Sandra K. McBeth Represented By Felicita A Torres
Plaintiff(s):
Sandra K. McBeth Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Felicita A Torres
2:30 PM
Adv#: 9:20-01052 McBeth v. Sosa
Docket 22
- NONE LISTED -
Debtor(s):
Aldo Sosa Represented By
Bernal P Ojeda
Defendant(s):
Edgar Sosa Represented By
Bernal P Ojeda
Movant(s):
Edgar Sosa Represented By
Bernal P Ojeda
Plaintiff(s):
Sandra K. McBeth Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Felicita A Torres
2:30 PM
Adv#: 9:20-01052 McBeth v. Sosa
RE: [1] Adversary case 9:20-ap-01052. Complaint by Sandra K. McBeth against Edgar Sosa. ($350.00 Fee Charge To Estate). Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Torres, Felicita)
FR. 11-18-20, 1-20-21, 2-2-21
Docket 1
Ruling for February 2, 2021
Continued to April 7, 2021 @ 2:30 p.m. Appearances waived for February 2, 2021. The trustee shall lodge both an order granting her motion for default judgment and a proposed judgment.
Debtor(s):
Aldo Sosa Represented By
Bernal P Ojeda
Defendant(s):
Edgar Sosa Represented By
Bernal P Ojeda
Plaintiff(s):
Sandra K. McBeth Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Felicita A Torres
2:30 PM
Adv#: 9:20-01042 Robert M. Gurfield Living Trust et al v. Albawab
RE: [1] Adversary case 9:20-ap-01042. Complaint by Robert M. Gurfield Living Trust against Bashar Albawab. false pretenses, false representation, actual fraud)) (Winfield, William)
FR. 9-30-20, 12-4-20, 2-10-21
Docket 1
Ruling for February 10, 2021: Continued to 4/7/21 at 2:30 p.m. Plaintiff should continue the motion to approve settlement to 4/7/21 at 2:30. Plaintiff must file and serve a Rule 7041 notice to all creditors.
Ruling for December 4, 2020: Continued to February 10, 2021 at 2:30 p.m. No appearances required on December 4, 2020.
Ruling for September 30, 2020: Continued to 12/16/20 at 2:30 p.m.
Debtor(s):
Bashar Albawab Represented By Brian Nomi
Defendant(s):
Bashar Albawab Pro Se
Plaintiff(s):
Robert M. Gurfield Represented By William E. Winfield
Robert M. Gurfield Living Trust Represented By
William E. Winfield
2:30 PM
Trustee(s):
Jerry Namba (TR) Represented By Meghann A Triplett
2:30 PM
Adv#: 9:21-01002 White Winston Select Asset Funds, LLC v. Figueroa Mountain Brewery,
RE: [1] Adversary case 9:21-ap-01002. Complaint by White Winston Select Asset Funds, LLC against Figueroa Mountain Brewery, LLC. LLC for Determination of the Validity, Extent and Priority of Liens and Amount of Claim - Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Karasik, Eve)
Docket 1
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Defendant(s):
Figueroa Mountain Brewery, LLC Represented By
Matthew A Lesnick
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
2:30 PM
Adv#: 9:21-01003 White Winston Select Asset Funds, LLC v. Dietenhofer
RE: [1] Adversary case 9:21-ap-01003. Complaint by White Winston Select Asset Funds, LLC against Jaime Gray Dietenhofer. (4) and (6) (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Young, Beth Ann)
Docket 1
- NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Defendant(s):
Jaime Gray Dietenhofer Pro Se
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Juliet Y Oh
Beth Ann R Young Eve H Karasik
Trustee(s):
Susan K Seflin (TR) Pro Se
2:30 PM
Adv#: 9:21-01004 White Winston Select Asset Funds, LLC v. Dietenhofer
RE: [1] Adversary case 9:21-ap-01004. Complaint by White Winston Select Asset Funds, LLC against Jaime Gray Dietenhofer. LLC for Determination of the Validity, Extent and Priority of Liens and Amount of Claim - Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Karasik, Eve)
Docket 1
- NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Defendant(s):
Jaime Gray Dietenhofer Pro Se
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik
Trustee(s):
Susan K Seflin (TR) Pro Se
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
RE: [1578] Motion for Turnover of Property - Trustee's Notice of Motion and Motion for Turnover of Debtor's Books and Records; Memorandum of Points and Authorities, Declaration of Michael A. McConnell and Request for Judicial Notice in Support Thereof; proof of service (Israel, Eric)
Docket 1578
- NONE LISTED -
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Movant(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
#2.00 CONT'D Hearing
RE: [44] Motion to Surrender and Dismiss with proof of service FR. 11-5-20, 1-14-21, 3-11-21
Docket 44
Ruling for January 14, 2021
Continued to March 11, 2021 at 10:00 a.m.
Ruling for November 5, 2020
Continued to 1/14/21 @ 10:00 a.m.
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Movant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GLR, LLC, a Delaware limited Represented By William C Beall
10:00 AM
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman Eric P Israel George E Schulman
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
#3.00 CONT'D Hearing
RE: [45] Motion to Surrender and Dismiss with proof of service FR. 11-5-20, 1-14-21, 3-11-21
Docket 45
Ruling for January 14, 2021
Continued to March 11, 2021 at 10:00 a.m.
Ruling for November 5, 2020
Continued to 1/14/21 @ 10:00 a.m.
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Movant(s):
GRL, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
10:00 AM
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman Eric P Israel George E Schulman
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
RE: [74] Motion For Summary Judgment with proof of service
Docket 74
- NONE LISTED -
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Movant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman
10:00 AM
Trustee(s):
Eric P Israel George E Schulman
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
RE: [1] Adversary case 9:20-ap-01006. Complaint by Michael A. McConnell, Chapter 11 Trustee against GLR, LLC, a Delaware limited liability company, GRL, LLC, a Delaware limited liability company. (Charge To Estate). Chapter 11 Trustee's Complaint: (1) To Avoid and Recover Preferential Transfers; (2) To Avoid and Recover Fraudulent Transfers; and (3) For Turnover and Accounting Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)) (Shechtman, Zev)
FR. 3-12-20, 4-17-20, 7-15-20, 9-29-20, 12-15-20 (Advanced),
12-2-20, 1-14-21, 3-11-21
Docket 1
Ruling for January 14, 2021
Continued to March 11, 2021 at 10:00 a.m.
Ruling for 7/15/20: Continued to 9/29/20 at 10:30 a.m.
Ruling for April 17, 2020
Continued to July 15, 2020 at 2:30 p.m. A brief updated status report shall be filed by July 1, 2020.
The discovery cutoff and deadline to join parties and amend pleadings is October 30, 2020.
The deadline to file case-dispositive pre-trial motions is December 4, 2020. The Court will set a deadline for such motions to be heard.
10:00 AM
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman Eric P Israel George E Schulman
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
Adv#: 9:20-01039 McConnell, Chapter 11 Trustee v. California Asphalt Production, Inc., a
RE: [1] Adversary case 9:20-ap-01039. Complaint by Michael A. McConnell, Chapter 11 Trustee against California Asphalt Production, Inc., a California corporation, GTL1, LLC a Colorado limited liability company, GIT, INC., a Colorado corporation. (Charge To Estate). Trustee's Complaint: (1) For Declaratory Relief; and (2) For Violation of Automatic Stay Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Singh, Sonia)
FR. 9-29-20, 11-5-20, 2-11-21
Docket 1
Ruling for November 5, 2020
Consolidated with 20-01048, 20-1049 & 20-1050. Defendants amended answer(s) & counterclaims to be filed by December 31, 2020. The trustee's response to any such counterclaims will be due as provided by Rule 15(a)(3). A status conference will be held on February 11, 2021 at 10:00 a.m.
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
California Asphalt Production, Inc., Pro Se GTL1, LLC a Colorado limited Pro Se GIT, INC., a Colorado corporation Pro Se
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
10:00 AM
Trustee(s):
Sonia Singh George E Schulman
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
10:00 AM
Docket 22
Debtor(s):
Orby TV, LLC Represented By Ron Bender
Krikor J Meshefejian
1:30 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
1:30 PM
RE: [7] Emergency Motion by Debtor For Order (1) Authorizing the Debtor to Continue its Cash Management System, (2) Maintain its Existing Bank Accounts and Business Forms, and (3) Granting Related Relief with proof of service
Docket 7
- NONE LISTED -
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan
Movant(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Michael S Kogan
1:30 PM
RE: [8] Emergency Motion by Debtor for Order (1) Authorizing the Debtor to Continue its Prepetition Insurance Coverage, (2) Satisfy Payment of Prepetition Obligations Related to That Insurance Coverage in the Ordinary Course of Business, and (3) Renew, Supplement, or Enter into New Insurance Coverage in the Ordinary Course of Business, and (4) Granting Related Relief with proof of service
Docket 8
- NONE LISTED -
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan
Movant(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Michael S Kogan
1:30 PM
RE: [9] Emergency Motion by Debtor for Order (1) Authorizing the Debtor to Pay Certain Prepetition and Postpetition Taxes and Fees, and (2) Granting Related Relief with proof of service
Docket 9
- NONE LISTED -
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan
Movant(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Michael S Kogan
1:30 PM
RE: [10] Emergency Motion by Debtor for Order (1) Authorizing the Debtor to Maintain and Administer Their Existing Customer Programs and Honor Certain Prepetition Obligations Related Thereto, and (2) Granting Related Relief with proof of service
Docket 10
- NONE LISTED -
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan
Movant(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Michael S Kogan
1:30 PM
RE: [11] Emergency First Day Motion to Reject Real Property Executory Contracts Under 11 U.S.C. 365 with proof of service
Docket 11
- NONE LISTED -
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan
Movant(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Michael S Kogan
11:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:00 AM
Docket 142
Final Ruling for April 13, 2021
Approve requested fees and expenses, and authorize proposed payments. No objections filed; appearances waived. The trustee shall lodge a conforming order no later than April 20, 2021.
Debtor(s):
Kathie E Suissa Represented By Mark J Markus
Gregory M Salvato
Joint Debtor(s):
Elvis D Suissa Represented By Mark J Markus Stella A Havkin
Trustee(s):
Diane C Weil (TR) Represented By David Seror Reagan E Boyce
Jessica L Bagdanov
11:00 AM
Docket 72
Tentative Ruling for April 13, 2021
Deny.
In In re Menaker, 603 B.R. 628, 632–34 (Bankr. C.D. Cal. 2019), this Court observed the following:
The Bankruptcy Appellate Panel for the Ninth Circuit ("BAP") has held that the language of section 523(a)(3)(A) should be construed in accordance with its plain language—which does not provide for any equitable exception. "The language contained in section 523(a)(3)(A) is clear and not ambiguous: a debt is excepted from discharge if the creditor was neither listed nor scheduled and did not otherwise know of the bankruptcy case in time to file a timely [proof of claim]. As there is nothing for us to interpret, we must enforce the statute according to its terms." In re Mahakian, 529 B.R. at 274 (citing United States v. Ron Pair Enters., Inc., 489 U.S. 235, 241, 109 S.Ct. 1026, 103 L.Ed.2d 290
(1989)); see also Purcell v. Khan (In re Purcell), 362 B.R. 465 (Bankr. E.D. Cal. 2007) (there are no equitable exceptions to section 523(a)(3)(A); the plain language of the statute controls) (citing Laczko v. Gentran, Inc. (In re Laczko), 37 B.R. 676, 678-79 (9th Cir. B.A.P. 1984), aff'd without opinion, 772 F.2d
912 (9th Cir. 1985)).
The Motion asks the Court for equitable relief that is not available in the statute, permitting the Debtor to re-create a deadline for the filing of a complaint to determine dischargeability with respect to a debt, where the debtor failed to timely provide notice to the creditor and where the claim has already been excepted from the discharge pursuant to Bankruptcy Code section 523(a)(3).
11:00 AM
The language of Bankruptcy Code section 523(a)(3)(B) clearly states that any prepetition claims the creditor, Rothschild, may have had against the Debtor were not discharged unless the creditor "had notice or actual knowledge" of this case in time to file a non-dischargeability complaint by the deadline for doing so, which was May 26, 2017. The Debtor admits that the creditor did not receive such notice. Federal Rule of Bankruptcy Procedure 4007(b) clearly states that under these circumstances, the creditor may file a section 523(a)(3) complaint against the Debtor "at any time." The relief now requested by the Debtor would contradict the plain meaning of section 523(a) and Rule 4007(b).
Additionally, prudential concerns support denial. First, Los Angeles Superior Court has concurrent subject matter jurisdiction over any section 523(a)(3) claims that Rothschild may bring. For reasons of comity, it would be inappropriate for this Court to create a deadline for filing such a complaint that would be binding on a court of concurrent jurisdiction. Second, some of the events alleged in Rothchild’s state court complaint occurred postpetition and it is unclear when the claims accrued under state law. Some of Rothchild’s claims may be outside the jurisdiction of this court.
Debtor(s):
Richard J Disisto Represented By Andrew Goodman
Trustee(s):
David Seror (TR) Pro Se
11:00 AM
fr. 11/10/20, 11/12/20, 1/15/21, 3/5/21
Docket 279
Ruling for January 15, 2021:
Continued to March 5, 2021 at 10:00 a.m.
Continued to January 15, 2021 @ 10:00 a.m. Simultaneous supplemental briefs addressing the issues identified by the Court to be filed by December 4, 2020 with simultaneous supplemental reply briefs to be filed by December 18, 2020.
Continued to 10:00 a.m. on November 12, 2020.
Debtor(s):
Irina Raskin Represented By
Stella A Havkin
Trustee(s):
David Seror (TR) Represented By Nancy H Zamora
11:00 AM
Docket 55
- NONE LISTED -
Debtor(s):
Maldonado Construction and Represented By Steven A Alpert David Brian Lally
Trustee(s):
Diane C Weil (TR) Represented By Anthony A Friedman
1:30 PM
from: 8/28/18, 1/15/19; 4/9/19; 5/9/19, 12/12/19 from 1:30 p.m., 2/20/20, 8/5/20, 8/12/20, 8/17/20, 12/9/20
Docket 443
Ruling for December 9, 2020:
Continued to April 13, 2021 at 1:30 p.m. Trustee must file and serve an updated status report by April 6, 2021. Appearances on December 9, 2020 are waived.
Ruling for August 17, 2020: Continued to December 9, 2020 at 1:30 p.m. Trustee must file and serve notice of continued status conference. Appearances on August 17, 2020 are waived.
Tentative Ruling for February 20, 2020:
The Court has reviewed the status report filed by the Plan Trustee on February 6, 2020. Dkt. 626. The post-confirmation status conference is continued to August 5, 2020, at 1:30 p.m. Appearances are waived on February 20, 2020.
Ruling for 5/9/19: Continued to 12/12/19 at 1:30 p.m. Trustee must file and serve notice of continued status conference.
Ruling for August 28, 2018
Tentative adopted.
Tentative Ruling for August 28, 2018:
The Court has reviewed the status report filed by the Plan Trustee on August 14, 2018. Dkt. 593. The post-confirmation status conference is continued to January 15, 2019, at 1:30 p.m. Appearances are waived on August 28, 2018.
1:30 PM
Debtor(s):
ICPW Liquidation Corporation, a Represented By
Ron Bender
Krikor J Meshefejian Monica Y Kim
1:30 PM
fr. 9/10/19, 11/12/19; 1/22/20, 5/13/20, 7/13/20, 10/27/20,
2/2/20, 2/3/21
Docket 64
Ruling for 10/27/20: Continued to 2/2/21 at 1:30 p.m. Debtor to file and serve a notice of continued hearing.
Ruling for July 13, 2020: Continued to 10/27/20 at 1:30 p.m. Status report due no later than 10/13/20.
Final Ruling for May 13, 2020: Continued to 7/13/20 at 1:30 p.m. Debtor is required to file an updated status report no later than 6/29/20. Appearances waived.
May 13, 2020
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through June 30, 2020 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
1:30 PM
Ruling for January 22, 2020: The revised treatment of the plan does not materially affect the treatment of the creditors. Plan is confirmed. The Debtor shall upload an order that attaches the plan and the stipulations. The order on the plan should include the language from LBR 3020 about a post-confirmation status conference. Debtor may select a date for the status conference from the self-calendardates as posted on the website.
Ruling for 11/12/19: Continued to 1/22/20 at 1:30 p.m. File and serve any supplements by 1/8/20.
Debtor(s):
DAK Construction Corp. Represented By Giovanni Orantes Luis A Solorzano
1:30 PM
Docket 155
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m.
Debtor to file and serve an amended disclosure statement and plan, with redlines, by March 2, 2021. Debtor to also file a notice of continued hearing and that any objections are due by March 15, 2021.
Debtor(s):
Robert James Roon II Represented By
R Grace Rodriguez
1:30 PM
fr. 3/5/19; 4/30/19; 5/28/19, 8/14/19; 9/11/19, 12/11/19, 2/5/20, 3/17/20, 4/1/20; 5/13/20; 6/30/20, 10/1/20, 11/20/20,
12/9/20, 2/3/21
Docket 1
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m.
Ruling for December 9, 2020: A hearing on the disclosure statement is set for 2/3/21 at 1:30 p.m. Debtor must file and serve a notice of disclosure statement hearing no later than 12/14/20. The notice of the hearing must identify the docket numbers of the disclosure statement. The notice should also provide that objections are due no later than 1/20/21. The status conference is continued to 2/3/21 at 1:30
p.m. Updated status report is not required. Debtor must lodge a scheduling order.
Ruling for November 20, 2020: Continued to 12/9/20 at 1:30 p.m.
Ruling for 10/1/20:
Continued to November 20, 2020 at 1:30 p.m. The Court will issue an OSC re dismissal.
Ruling for June 30, 2020
Continued to October 1, 2020 at 1:30 p.m. No new status report is required.
The deadline for the Debtor to file a disclosure statement and plan is September 1, 2020.
Ruling for April 1, 2020: Continued to 5/13/20 at 1:30 p.m.
1:30 PM
April 1, 2020
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (888-882-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for February 5, 2020: Continued to 3/17/20 at 1:30 p.m. Court will issue an OSC re why this case should not be dismissed.
Ruling for December 11, 2019
Continued to February 5, 2020 at 1:30 p.m. The status report must be filed and served on January 22, 2020. The Court sanctions counsel $150 for failing to file and serve a chapter 11 status report.
Ruling for 9/11/19: Debtor must lodge a scheduling order and continue s/c to 12/11/19 at 1:30 p.m. Debtor must file his plan and disclosure statement by 10/30/19 and may use 12/11/19 as the hearing on his disclosure statement.
Ruling for August 14, 2019:
Continued to September 11, 2019 at 1:30 p.m.
Ruling for May 28, 2019:
Debtor shall file and serve a FRBP 9019 motion re: the two cash collateral stipulations. Debtor shall file a FRBP 2015.3 financial report re: Global Moto Outlet, Inc.
Continued to August 14, 2019 at 1:30 p.m. Debtor to file an updated status report on
1:30 PM
July 31, 2019 addressing a timeline for a plan and disclosure statement.
Ruling for 4/30/19: Bar date amended to 6/28/19. Bar date notice to be served by 5/3/19. File and serve notice of continued status conference by 5/3/19. File amended status report with attached deed of trust no later than 5/10/19. If not done, the Court will dismiss the case. Continued to 5/28/19 at 1:30 p.m.
Ruling for March 5, 2019
The general bar date is May 10, 2019. Debtor to serve the bar date notice by March 15, 2019. Continued to April 30, 2019 at 1:30 p.m. Updated status report to be filed by April 16, 2019. Debtor to file and serve notice of the continued status conference.
Debtor(s):
Robert James Roon II Represented By
R Grace Rodriguez
1:30 PM
fr. 12/9/20; 1/19/21, 2/3/21
Docket 103
Ruling for February 3, 2021:
Continued to April 13, 2021 at 1:30 p.m. By March 30, 2021 the Debtor is required to file either an amended disclosure statement and plan (to which any objections will be due by April 9, 2021) or a status report updating the Court re: the Debtor's condition.
Ruling for December 9, 2020: Continued to 1/19/21 at 1:30 p.m. Serve amended notice on all creditors, including Wells Fargo, at the proof of claim address.
Debtor(s):
Nilsa Quintana Represented By Lionel E Giron
Crystle Jane Lindsey Joanne P Sanchez
1:30 PM
fr. 6/11/19; 9/11/19, 10/23/19, 12/11/19, 1/22/20, 3/17/20, 5/13/20, 6/8/20, 9/2/20, 9/14/20. 11/10/20, 12/9/20; 1/19/21,
2/3/21
Docket 1
Ruling for February 3, 2021:
Continued to April 13, 2021 at 1:30 p.m.
Ruling for December 9, 2020: Continued to 1/19/21 at 1:30 p.m.
Final Ruling for November 10, 2020: Continued to 12/9/20 at 1:30 to trail the hearing on the disclosure statement. Debtor should file and serve a notice of continued hearing no later than 11/17/20. No updated status report is required.
Ruling for 9/14/20: Continued to 11/10/20 at 1:30 p.m. Debtor should file and serve a notice of continued hearing. No updated status report is required for the continued status conference.
Ruling for June 8, 2020: Deadline to file plan and disclosure statement is 7/31/20. Continued to 9/2/20 at 1:30 p.m. This date may also be used for disclosure statement hearing if there's at least 42 days notice of the hearing.
Ruling for May 13, 2020:
Continued to June 8, 2020 at 1:30
May 13, 2020
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court
1:30 PM
Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through June 30, 2020 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
Final Ruling for March 17, 2020: The chapter 11 status conference is continued to 5/13/20 at 1:30 p.m. Also, the evidentiary hearing which is currently scheduled for 3/31/20 at 10:00 a.m. is continued as a status conference to 5/13/20 at 1:30 p.m.
Appearances for the 3/17/20 status conference are waived.
Ruling for January 22, 2020: Continued to 3/17/20 at 1:30 p.m. No new status report is required. However, the parties may file a status report to update the Court.
Ruling for 12/11/19: Cont. to 1/22/20 at 1:30 p.m. Court will do the order continuing the matter. All parties must be present at the continued hearing.
Ruling for 10/23/19:
Continued to December 11, 2019 at 1:30 p.m.
Ruling for 9/11/19: Cont. to 10/23/19 at 1:30 p.m. No new status report needed. Debtor must file and serve notice of continued status conference.
Ruling for June 11, 2019:
The chapter 11 status conference is continued to September 11, 2019 at 1:30 pm. Appearances on June 11, 2019 are excused.
The debtor shall promptly lodge an order: (i) establishing August 23, 2019 as the general bar date in this case, (ii) directing the debtor to serve notice of the bar date on the required local form no later than June 21, 2019; and (iii) establishing September 27, 2019 as the deadline to file a chapter 11 plan and disclosure statement.
1:30 PM
The debtor also shall file and serve on all creditors a notice of continued chapter 11 status conference.
Debtor(s):
Nilsa Quintana Represented By Lionel E Giron
1:30 PM
Docket 211
Ruling for March 5, 2021:
Debtor to file and serve a 2d Amended Plan by March 22, 2021. Debtor to file and serve written notice of the plan confirmation hearing, ballot deadline and objection deadline by March 22, 2021. Ballots and objections to the 2d Amended Plan due by April 6, 2021. Debtor's response to any such objections and all evidence in support of confirmation due by April 12, 2021.
Tentative Ruling for March 5, 2021:
Debtor shall be prepared to address the following:
What treatment is provided for in the Amended Plan for Proof of Claim #17 (Lionel Levin, Esq.; unsecured priority claim for $22,800)? If POC #17 is a member of Class 1(a), the Amended Plan needs to say that. Is Levin being paid directly on account of POC #17 or does the Debtor propose to pay Larissa Soltanova Friedman ("Larissa") on behalf of Levin and, if so, has Levin consented to this arrangement? If Levin has not consented, and is a member of Class 1(a), the class appears to be impaired.
Why does the Amended Plan characterize Classes 2, 2(a) and 2(b) as "secured?" Only claims secured by collateral in which the estate holds an interest can be deemed secured. 11 U.S.C. § 506(a). If 123 Ramona, LLC and 801 Vendome, LLC own the real properties securing these obligations, the claims are unsecured.
Why does the Amended Plan create a current obligation to pay what appear to be contingent guaranty claims in Class 2? It is unclear what the facts are
1:30 PM
regarding the guaranty claims in favor of Axos Bank fka BOFL ("Axos") asserted in Proofs of Claim #12, #13 and #15. POC #12 and #13 include a
written guaranty from the Debtor of the principal obligations of 123 Ramona, LLC. POC #15 asserts it is a guaranty from the Debtor of the principal obligation of 801 Vendome, LLC but no written guaranty is attached to POC #
15. The Amended Plan appears to describe all of these guaranty claims as contingent. If the claims are contingent, why does the Amended Plan require the Debtor – as opposed to the principal obligors – to make current payments to Axos? If the principal obligors are current on these debts, why would the Debtor be required to make payments to Axos on the same debts?
Why does the Amended Plan characterize Class 2 as "unimpaired?" In the 9th Circuit, any alteration of a creditor’s rights, including enhancement of such rights, constitutes impairment. In re L & J Anaheim Assocs., 995 F.2d 940, 942–43 (9th Cir. 1993). To the extent the Amended Plan enhances Axos’ rights on contingent guaranty claims, Class 2 is impaired.
Why does the Amended Plan characterize Class 3 as "unimpaired" if no postpetition interest is paid to members of this class? The rule in the 9th Circuit is that unsecured creditors of a solvent debtor must be paid postpetition interest (at no less than the federal post-judgment rate) to be deemed unimpaired. In re Cardelucci, 285 F.3d 1231, 1233–34, 1236 (9th Cir. 2002). See also, In re Cuker Interactive, LLC, 622 B.R. 67, 71 (Bankr. S.D. Cal. 2020); In re PG&E Corp., 610 B.R. 308, 312-13, 315 (Bankr. N.D. Cal. 2019), leave to appeal denied sub nom. Ad Hoc Comm. of Holders of Trade Claims v. PG&E Corp., 614 B.R. 344 (N.D. Cal. 2020). The Amended Plan does not mention the payment of any postpetition interest to Class 3, therefore it is impaired.
What claims are members of Class 3? The Amended Plan does not direct the reader to an exhibit listing all of the creditors included in Class 3. Claims listed on the Debtor’s Schedule F which are not listed as contingent or unliquidated or disputed are deemed prima facie valid. Fed. R. Bankr. P. 3003(b)(1). The following claims from Debtor’s Schedule F are deemed allowed but do not appear to be accounted for in the Amended Plan:
1:30 PM
Michael Kliman | $100,000 |
Michael Warsavsky | $12,000 |
Adil Friedman | $150,000 |
Why does the Amended Plan assert that Class 3 will be paid "100%"? It appears that the amount of claims in Class 3 is at least $345,967.45, excluding accrued postpetition interest. The Amended Plan provides for only $83,967.45 in payments to Class 3.
Will the Debtor cure any amounts owing under the CCAP / Santander auto lease? The Errata to the Amended Plan states the Debtor will be assuming this lease at confirmation. Proof of Claim #4 filed by CCAP asserts a default amount of $594.88 as of the Petition Date. The Debtor must cure any monetary defaults under the lease as a condition of assumption. 11 U.S.C. § 365(b)(1)(A). The Amended Plan needs to state the amount of any cure so that all parties in interest can assess the feasibility of the Amended Plan.
Is the Debtor rejecting the auto lease with Mercedes Benz Financial Services listed on Schedule G? If so, does the Amended Plan need to fix a bar date for filing a rejection damages claim? Although the Debtor’s declaration mentions that he "turned in the Mercedes," the Amended Plan does not appear to address whether this lease was (or will be) rejected.
Why is paragraph 8.08 "Retention of Jurisdiction" left blank?
The March 1, 2021 Stipulation Regarding Debtor’s Amended Plan of Reorganization between the Debtor and Axos appears to be an untimely reaffirmation agreement. See Fed. R. Bankr. P. 4008(a) ("A reaffirmation agreement shall be filed no later than 60 days after the first date set for the meeting of creditors under § 341(a) of the Code"). Did Axos otherwise comply with Bankruptcy Code section 524(c)(2) and (k)? Will Debtor’s counsel be filing the declaration required by Bankruptcy Code section 524(c) (3)?
1:30 PM
Ruling for November 20, 2020: Continued to February 16, 2021 at 1:30 p.m. Objections to be filed by February 2, 2021. Debtor to give notice to all creditors, including those listed on the record as having not been served, with notice of the continued hearing and notice of the objection deadline.
Debtor(s):
Ross Friedman Represented By Stella A Havkin
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
fr. 4/28/20, 9/2/20, 9/14/20, 10/1/20, 11/20/20, 2/16/21, 3/2/21, 3/5/21
Docket 1
Ruling for November 20, 2020: Continued to 2/16/21 at 1:30 p.m.
Ruling for October 1, 2020:
Tentative adopted.
Tentative Ruling on October 1, 2020
Continued to November 20, 2020 at 1:30 p.m.. No new status report required as the confirmation hearing is set for the same date and time. Appearances on October 1, 2020 waived.
Ruling for 4/28/20: Debtor's counsel should lodge an order providing for the following: Bar date is set for 6/19/20; Notice of bar date should be filed by 5/1/20. Deadline to file plan and disclosure statement is 7/20/20. Debtor should file objections to claims by 7/10/20. Status conference continued to ??? (Court will do an order with continued status conf date.)
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
1:30 PM
Debtor(s):
Ross Friedman Represented By Stella A Havkin
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
fr. 2/3/21(stip)
Docket 151
- NONE LISTED -
Debtor(s):
Jay B. Reznick Represented By James R Selth Daniel J Weintraub
Crystle Jane Lindsey
Trustee(s):
Gregory Kent Jones (TR) Pro Se
1:30 PM
fr. 6/30/20, 9/2/20, 9/14/20; 11/10/20, 12/9/20; 2/3/21(stip)
Docket 1
Ruling for December 9, 2020: Continued to 2/3/21 at 1:30 p.m. Debtor should lodge an order setting forth the confirmation schedule.
Ruling for 9/14/20: Continued to 11/10/20 at 1:30 p.m. No later than 11/4/20, Debtor should file a proposed timeline for holding confirmation hearing, as well as additional deadlines. All other interested parties can respond by 11/9/20. Debtor should file and serve a notice of continued status conference with those dates. It should be served on the trustee, UST, 20 largest, and secured creditors.
Ruling for June 30, 2020
Continued to September 2, 2020 at 1:30 p.m. Debtor to file and serve a notice of continued status conference. Debtor to file and serve an updated status report by August 28, 2020.
Debtor(s):
Jay B. Reznick Represented By James R Selth Daniel J Weintraub
Crystle Jane Lindsey
1:30 PM
Trustee(s):
Gregory Kent Jones (TR) Pro Se
1:30 PM
[dkt 161] and [163]
Docket 161
- NONE LISTED -
Debtor(s):
Jaguar Distribution Corp. Represented By Zev Shechtman
John N Tedford IV Michael G D'Alba
1:30 PM
Docket 65
- NONE LISTED -
Debtor(s):
E.B.J.T. Enterprise, LLC Represented By Matthew Abbasi
1:30 PM
Docket 64
- NONE LISTED -
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure
Trustee(s):
Diane C Weil (TR) Represented By David Seror Tamar Terzian
1:30 PM
Docket 1
Ruling for February 3, 2021:
Bar Date is March 31, 2021. Bar Date Notice to be be served by February 17, 2021. The deadline to file a plan and disclosure statement in docket no. 1 is vacated. The new deadline is April 30, 2021. Debtor to lodge a scheduling order. Status conference continued to April 13, 2021 at 1:30 p.m. An updated status report is due by April 6, 2021.
Debtor(s):
Queen City Rehabs and Renovations Represented By
Roseann Frazee
1:30 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
1:30 PM
Adv#: 1:19-01048 Ismail v. Goldman et al
COUNTER CLAIM
Jasmin Ismail, Counter-Claimant, vs.
Nicole Goldman, an individual, Counter-Defendant
fr. 6/27/19 @1:30 p.m; 6/27/19, 9/12/19; 11/14/19,
12/12/19, 2/6/20; 5/14/20(stip), 9/24/20; 1/7/21, 1/8/21,
2/4/21
Docket 1
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Nicole Goldman Pro Se
Todd Harris Goldman Pro Se
Ostrich House, LLC Pro Se
Plaintiff(s):
Jasmin Ismail Represented By
Michael D Sobkowiak
Trustee(s):
David Seror (TR) Represented By Richard Burstein
1:30 PM
Jorge A Gaitan
1:30 PM
Adv#: 1:19-01120 Seror v. Goldman et al
fr. 5/14/20 (stip); 9/24/20; 1/7/21. 1/8/21, 2/4/21
Docket 1
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Nicole Goldman Pro Se
Jasmin Ismail Pro Se
Ostrich House LLC, an Ohio limited Pro Se
Plaintiff(s):
David Seror Represented By
Jorge A Gaitan
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan
1:30 PM
Adv#: 1:20-01118 Seror v. Goldman et al
Declaratory relief
Avoidance of fraudulent transfers with actual intent [11 USC. §§ 544(b)]
Avoidance of fraudulent transfers with actual intent [11 USC.§548(a)(1)(A)]
Avoidance of constructively fraudulent transfers
Recovery and preservation of avoided transfers
Conversion
Turnover
Accounting
Injunctive relief fr. 2/18/21
Docket 5
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Todd Harris Goldman Pro Se
Maya Hamblet Pro Se
Matthew Roch Argall Pro Se
Roy Revivo Pro Se
Andrew Goldman Pro Se
David & Goliath, Inc. Pro Se
Nerf Pong Productions, LLC Pro Se
The Ross Art Group Inc. Pro Se
1:30 PM
Quality Art Auctions, Inc. Pro Se
Plaintiff(s):
David Seror Represented By
Annie Y Stoops Aram Ordubegian
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan Jessica L Bagdanov
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
Docket 394
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
RE: [397] Notice of Motion and Motion to Restrict White Winston From Credit Bidding Pursuant To § 363(k) at Proposed Sale of Debtors Assets and Request to Exceed Page Limit; Memorandum of Points and Authorities; and Proof of Service
Docket 397
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
Docket 395
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
RE: [423] Motion to Convert Case From Chapter 11 to 7. - Notice Of Motion And Motion To Convert Debtor's Chapter 11 Case To Chapter 7; Memorandum Of Points And Authorities LLC (Karasik, Eve)
Docket 423
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Jeffrey D Sternklar Juliet Y Oh
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
RE: [434] Motion to Continue Hearing On (related documents 394 Application to Employ, 395 Motion to Sale of Property of the Estate under Section 363(b) - No Fee, 397 Generic Motion) - Motion To Continue Hearings On Debtor's Sale Motions And Application; Declaration Of Robert P. Mahoney In Support Thereof
Docket 434
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Jeffrey D Sternklar Juliet Y Oh
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
RE: [229] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Ford F-150, VIN: 1FTEW1EG2GFA47277 . (Ith, Sheryl)
Docket 229
- NONE LISTED -
Debtor(s):
Nava Enterprise, Inc Represented By William E. Winfield Donald T Dunning
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang Sheryl K Ith
Trustee(s):
Wesley H Avery (TR) Represented By Tamar Terzian Larry W Gabriel
10:00 AM
Docket 41
Tentative Ruling for April 26, 2021
Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than May 3, 2021.
Debtor(s):
Whittaker Bradley Represented By Bryan Diaz
Movant(s):
Bank of America, N.A. Represented By Robert P Zahradka
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
10:00 AM
RE: [119] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: JAKKS Pacific, Inc., et al. v. CitCo Enterprises, Inc., Caesar Ho; 20STCV07934. (Laurin, Paul)
Docket 119
- NONE LISTED -
Debtor(s):
Citco Enterprises, Inc. Represented By Michael Jay Berger
Movant(s):
JAKKS Pacific, Inc., JAKKS Sales, Represented By
Paul J Laurin
Trustee(s):
Andrew W. Levin (TR) Pro Se
10:00 AM
RE: [389] Amended Motion (related document(s): 388 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 560 E. Betteravia Blvd., Santa Maria, CA 93454 and Proof of Service. filed by Creditor SANTA MARIA EXCHANGE PARTNERS) with Proof of Service
Docket 389
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
SANTA MARIA EXCHANGE Represented By Gordon G May
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
RE: [408] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: Brewing Equipment .
Docket 408
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Tank2Tap, LLC Represented By Ryan D Zick
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
Docket 8
Tentative Ruling for April 26, 2021: Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than May 3, 2021.
Debtor(s):
Troy Russell Hale Represented By Steven Trolard
Movant(s):
Santander Consumer USA Inc. dba Represented By
Sheryl K Ith
Trustee(s):
Jerry Namba (TR) Pro Se
10:00 AM
Docket 9
Tentative Ruling for April 26, 2021: Grant. Debtor filed a declaration of non- opposition; appearances waived. The moving party shall lodge a conforming order no later than May 3, 2021.
Debtor(s):
Janet Horario Morante Represented By Eric Ridley
Movant(s):
Toyota Lease Trust, as serviced by Represented By
Kirsten Martinez
Trustee(s):
Jerry Namba (TR) Pro Se
10:30 AM
Docket 6
- NONE LISTED -
Debtor(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
Movant(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
1:30 PM
FR. 2-10-21
FR. 3-17-21
Docket 195
Ruling for February 10, 2021: Continued to 3/17/21 at 1:30 p.m. Ballot deadline is 3/3/21. Brief and ballot tabulation due 3/10/21. Debtor to file a notice of continuance with the following deadlines noted. No new status report is required.
Debtor(s):
Steven Gregory Ow Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
FR. 8-16-19, 11-20-19, 2-10-20, 3-25-20, 5-20-20, 8-5-20, 9-16-20, 12-4-20,
2-10-21
FR. 3-17-21
Docket 1
Ruling for February 10, 2021: Continued to 3/17/21 at 1:30 p.m.
Ruling for December 4, 2020:
Continued to February 10, 2021 at 1:30 p.m. No new status report is required.
Ruling for September 16, 2020: Continued to 12/16/20 at 1:30. Deadline to file plan and disclosure statement is 10/16/20. Debtor may calendar a hearing on the disclosure statement for 12/16/20 at 1:30 p.m. An updated status report is not required.
Ruling for 8/5/20:
Continued to 9/16/20 at 1:30 p.m. Debtor to file and serve a notice of continued status conference.
Ruling for 2/10/20: Continued to 3/25/20 at 1:30. Updated status report requirement is waived.
Ruling for November 20, 2019:
Continued to February 10, 2020 at 1:30 p.m. No updated status report is required. The deadline for the Debtor to file his plan and disclosure statement is extended to December 13, 2019.
Ruling for 8/16/19: Continued to 11/20/19 at 1:30 p.m. The bar date is set for
1:30 PM
10/25/19. The notice of bar date should be mailed by 8/23/19. The plan and disclosure statement should be filed by 11/22/19.
Debtor(s):
Steven Gregory Ow Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
Docket 160
- NONE LISTED -
Debtor(s):
ProUsys, Inc. Represented By
Reed H Olmstead
1:30 PM
RE: Amended Chapter 12 Plan
Docket 232
Ruling for March 17, 2021:
The Court sets the following confirmation schedule:
Confirmation hearing 4/26/21 @ 1:30 p.m.
Debtor to file and serve written notice and 3d amended plan on all creditors by 3/22/21 Objections to confirmation to be filed & served by 4/12/21
Debtor to file and serve its confirmation brief and all evidence in support of confirmation by 4/19/21
Debtor(s):
Nava Enterprise, Inc Represented By William E. Winfield Donald T Dunning
Trustee(s):
Wesley H Avery (TR) Represented By Tamar Terzian Larry W Gabriel
1:30 PM
Docket 132
Ruling for March 17, 2021:
The Court sets the following confirmation schedule:
Confirmation hearing 4/26/21 @ 1:30 p.m.
Debtor to file and serve written notice and 3d amended plan on all creditors by 3/22/21 Objections to confirmation to be filed & served by 4/12/21
Debtor to file and serve its confirmation brief and all evidence in support of confirmation by 4/19/21
Ruling for February 2, 2021
Debtor to file a 3d amended plan by February 26, 2021. Status conference continued to March 17, 2021 at 1:30
Ruling for December 4, 2020:
Debtor to file an amended plan by January 15, 2021.
Continued status conference on the plan on January 20, 2021 at 1:30 p.m. Trustee to lodge a scheduling order.
Debtor(s):
Nava Enterprise, Inc Represented By William E. Winfield Donald T Dunning
Trustee(s):
Wesley H Avery (TR) Represented By Tamar Terzian Larry W Gabriel
1:30 PM
RE: [135] Motion to Continue Hearing On (related documents 132 Motion for order confirming chapter 11 plan) Debtor's Second Amended Plan of Reorganization
Docket 135
- NONE LISTED -
Debtor(s):
Citco Enterprises, Inc. Represented By Michael Jay Berger
Movant(s):
JAKKS Pacific, Inc., JAKKS Sales, Represented By
Paul J Laurin
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
RE: [111] Second Amended Plan of Reorganization for Small Business Under Chapter 11, Subchapter V
Docket 111
- NONE LISTED -
Debtor(s):
Citco Enterprises, Inc. Represented By Michael Jay Berger
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
#13.10 Hearing
RE: [119] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: JAKKS Pacific, Inc., et al. v. CitCo Enterprises, Inc., Caesar Ho; 20STCV07934. (Laurin, Paul)
Docket 119
- NONE LISTED -
Debtor(s):
Citco Enterprises, Inc. Represented By Michael Jay Berger
Movant(s):
JAKKS Pacific, Inc., JAKKS Sales, Represented By
Paul J Laurin
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
RE: [65] Chapter 11 Subchapter V Plan of Reorganization FR. 1-13-21, 3-10-21
Docket 65
Ruling for January 13, 2021:
The Court sets the following confirmation schedule:
Confirmation hearing -- March 10, 2021 @ 1:30 p.m. Deadline for objections to confirmation -- February 25, 2021.
Deadline for Debtor to file its brief, and all necessary evidence, in support of confirmation -- March 3, 2021.
Debtor to file an amended plan by January 27, 2021.
Debtor to file and serve notice & the amended plan on all creditors by January 27, 2021.
Ruling for October 7, 2020:
The Court sets a bar date of November 23, 2020, with notice of the bar date to be filed and served on all creditors by October 14, 2020. The deadline for the Debtor to file its disclosure statement is extended to December 16, 2020. The status conference is continued to January 13, 2020 at 1:30 p.m. The Debtor shall serve written notice, including the specific zoom connection information, on all creditor with the bar date notice.
Debtor(s):
Citco Enterprises, Inc. Represented By Michael Jay Berger
1:30 PM
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
Docket 411
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Tank2Tap, LLC Represented By Ryan D Zick
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
Docket 428
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
RE: [408] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: Brewing Equipment .
Docket 408
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Tank2Tap, LLC Represented By Ryan D Zick
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
RE: [389] Amended Motion (related document(s): 388 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 560 E. Betteravia Blvd., Santa Maria, CA 93454 and Proof of Service. filed by Creditor SANTA MARIA EXCHANGE PARTNERS) with Proof of Service
Docket 389
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
SANTA MARIA EXCHANGE Represented By Gordon G May
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
2:30 PM
Adv#: 9:18-01046 Diversified Engineering of Westlake, Inc v. Payton et al
(1)false pretenses, false representation, actual fraud (2)dischargeability - 523(a)(4)
(3)fraud as fiduciary, embezzlement, larceny (4)dischargeability - 523(a)(6)
willful and malicious injury
Objection / revocation of discharge - 727(c),(d),(e)))
FR. 11/28/18, 2/25/19, 5/22/19, 9/12/19, 12/12/19, 4/15/20, 7/1/20, 9/16/20, 1/20/21, 2/2/21
Docket 1
Final Ruling for April 26, 2021: The Plaintiff has complied with the Court’s March 31, 2021 order which required the Plaintiff to file and serve a notice of intent to dismiss section 727 claim in the main case. There were no objections filed. Plaintiff shall lodge an order of dismissal of all claims no later than May 3, 2021. Appearances are waived.
Ruling for February 2, 2021: Continued as a pretrial conference to 4/7/21 at 2:30 p.m.
Ruling for September 16, 2020: Continued to 1/20/21 at 2:30 p.m. Plaintiff should file and serve a notice of continued hearing.
Ruling for July 1 2020: Continued to 9/16/20 at 2:30 p.m.
Ruling for 4/15/20: Continued to 7/1/20 at 2:30 p.m. The parties may use this date for a case dispositive motion. This will be a video hearing. Parties should lodge an agreed form of order regarding relevant dates.
2:30 PM
April 15, 2020
Telephonic Hearing Only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or
(866)582-6878. Additional details are available by visiting their website: https://courtcall.com.
Ruling for 12/12/19: Cont. to 4/15/20 at 1:30 p.m. Parties should file an updated joint status report 14 days before the hearing.
Ruling for 9/12/19: The deadline for the completion of discovery and the filing of case dispositive motions is extended to 2/28/20. Continued to 12/12/19 at 1:30 p.m. The parties may appear telephonically. No new status report is required.
Ruling for May 22, 2019:
The status conference is continued to September 12, 2019 at 1:30 p.m. in Woodland Hills; the parties may appear telephonically. The parties shall file a brief joint status report prior to the continued status conference. The last day for discovery to be completed, inclduing receiving responses to discovery requests, is December 6, 2019. The last day to join other parties and to amend pleadings is December 6, 2019. The last day for case dispositive pre-trial motions to be filed and served is January 30, 2020.
Ruling for November 28, 2018: Amended complaint must be filed no later than January 14, 2019. Answer must be filed no later than February 13, 2019. The status conference is continued to February 25, 2019 at 2:00 p.m. No updated status report is required.
Debtor(s):
Bridgette Allison Payton Represented By Patrick T Green
2:30 PM
Defendant(s):
Bridgette Payton Represented By Patrick T Green
Roy Mendoza Represented By Patrick T Green
Joint Debtor(s):
Roy Esteban Mendoza Represented By Patrick T Green
Plaintiff(s):
Diversified Engineering of Westlake, Represented By
Larry D Webb
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:20-01046 Serobian v. Panopio
RE: [1] Adversary case 9:20-ap-01046. Complaint by Lilia Serobian against Ragsdale F Panopio. false pretenses, false representation, actual fraud)),(65 (Dischargeability - other)) (Khojayan, Vahe)
FR. 10-21-20, 12-4-20, 1-13-21, 3-10-21
Docket 1
Ruling for March 10, 2021: Continued to 4/26/21 at 2:30. The Court does not require an updated status report.
Ruling for January 13, 2021:
Continued to March 10, 2021 at 2:30 p.m.
Ruling for October 21, 2020: Continued to 12/16/20 at 2:30 p.m. Status report due by 12/2/20. Defendant's answer is due by 11/30/20.
Debtor(s):
Ragsdale F Panopio Represented By Matthew D. Resnik John K Rounds
Defendant(s):
Ragsdale F Panopio Represented By John K Rounds
Plaintiff(s):
Lilia Serobian Represented By Vahe Khojayan
2:30 PM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:20-01052 McBeth v. Sosa
RE: [1] Adversary case 9:20-ap-01052. Complaint by Sandra K. McBeth against Edgar Sosa. ($350.00 Fee Charge To Estate). Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Torres, Felicita)
FR. 11-18-20, 1-20-21, 2-2-21, 4-7-21
Docket 1
Ruling for April 7, 2021: Continued to 4/26/21 at 2:30 p.m. Joint status report must be filed by 4/22/21.
Ruling for February 2, 2021
Continued to April 7, 2021 @ 2:30 p.m. Appearances waived for February 2, 2021. The trustee shall lodge both an order granting her motion for default judgment and a proposed judgment.
Debtor(s):
Aldo Sosa Represented By
Bernal P Ojeda
Defendant(s):
Edgar Sosa Represented By
Bernal P Ojeda
Plaintiff(s):
Sandra K. McBeth Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By
2:30 PM
Felicita A Torres
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
10:00 AM
fr. 3/23/21
Docket 50
Debtor(s):
Queen City Rehabs and Renovations Represented By
Roseann Frazee
10:00 AM
Docket 311
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
11:00 AM
Docket 68
Debtor(s):
Valley Aire, Inc. Represented By Michael R Totaro
Trustee(s):
Diane C Weil (TR) Represented By Natella Royzman
1:30 PM
Docket 116
Debtor(s):
Super Calidad Auto Sales, Inc. Represented By Louis J Esbin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
1:30 PM
9/2/20, 9/14/20; 9/22/20; 10/27/20, 2/16/21, 3/23/21,
4/2/21
Docket 1
Debtor(s):
Super Calidad Auto Sales, Inc. Represented By Louis J Esbin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
1:30 PM
Docket 1
Debtor(s):
80X3 Corp Represented By
Stephen L Burton
1:30 PM
Docket 1
Debtor(s):
Vali Kermani-Arab Represented By Matthew D. Resnik
Joint Debtor(s):
Pari Farhang Kermani Represented By Matthew D. Resnik
1:30 PM
Docket 105
Debtor(s):
Erum Kolsy Represented By
Lionel E Giron Crystle Jane Lindsey Joanne P. Sanchez
1:30 PM
fr. 3/17/20, 4/28/20, 6/30/20; 7/13/20, 8/12/20, 8/17/20 1/19/21
Docket 58
Debtor(s):
Helen Galope Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
Docket 1
Debtor(s):
E.B.J.T. Enterprise, LLC Represented By Matthew Abbasi
1:30 PM
Docket 1
Debtor(s):
Orby TV, LLC Represented By Ron Bender
Krikor J Meshefejian
1:30 PM
fee: $13,240.00, expenses: $579.22.
Docket 96
Debtor(s):
Javier Caceres Represented By Onyinye N Anyama
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
10:00 AM
Dismiss this case with a 1 year bar to refiling or
Convert to chapter 7 or
Transfer case to the Western District of North Carolina based on improper venue
fr. 4/2/21
Docket 65
Debtor(s):
Queen City Rehabs and Renovations Represented By
Roseann Frazee
10:00 AM
fr. 3/23/21, 4/27/21
Docket 50
Debtor(s):
Queen City Rehabs and Renovations Represented By
Roseann Frazee
10:00 AM
Docket 1
Debtor(s):
Queen City Rehabs and Renovations Represented By
Roseann Frazee
11:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:00 AM
fr. 2/16/21
Docket 55
Ruling for April 29, 2021: Overruled.
Ruling for February 16, 2021: Objection continued as to the amount of child support arrears. Debtor shall file a supplemental pleading no later than 4/2/21. Nicole Goldman shall file a response no later than 4/16/21. Debtor shall file a reply to Nicole's response by 4/23/21. Continued to 4/29/21 at 11:00 a.m.
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan Jessica L Bagdanov Aram Ordubegian Annie Y Stoops
1:30 PM
and Ghorbanian DDS II, Inc. [claim no. 7] or, in the alternative to estimate claim for allowance purposes
fr. 5/7/19; 5/13/19, 6/11/19; 7/17/19, 12/5/19, (advanced fr.12/11/19), 12/10/19, 2/19/20; 4/1/20; 6/10/20, 8/12/20, 9/2/20,
9/14/20, 12/9/20, 2/18/21
Docket 268
Ruling for 9/14/20: Continued to 12/9/20 at 11:00 a.m. Parties are ordered to mediate. This will be noted on the docket. Parties should agree to a mediator and then lodge an order.
Ruling for April 1, 2020: Continued to June 10, 2020 at 1:30 p.m. The parties must
1:30 PM
file and serve a status report no later than May 27, 2020. Appearances are waived.
April 1, 2020
April 1, 2020
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT ((888)-882-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for 2/19/20: Continued to 4/1/20 at 11:00 a.m.
Ruling for 12/10/19: Continued as a status conference until after the chapter 7 trustee is appointed. Continued to 2/19/20 at 11:00 a.m. Ghorbanians must file and serve a notice of continued status conference.
Ruling for July 17, 2019
The Ghorbanian Parties are ordered to produce documents, and serve amended responses / objections, to the subpoena served by the Debtor no later than July 31, 2019. The Court approves all other provisions of the parties' stipulation/status reports. Debtor shall lodge an order approving. In the future the parties are admonished to prepare a proper discovery stipulation rather than each side filing a "status report" regarding the discovery dispute. No further status conference will be held on this motion. The pretrial conference remains on calendar for December 5, 2019 at 2:30 p.m.
Ruling for 6/11/19: Continued as status conference to 7/17/19 at 1:30 p.m. Evidentiary hearing set for 12/16/19 at 10:00 a.m., afternoon of 12/17, and 12/20/19
1:30 PM
at 10:00 a.m.
Rulilng for 5/13/19: Continued to 6/11/19 at 1:30 p.m.
Ruling for 5/7/19: Continued to 5/13/19 at 10:00 a.m. as a status conference.
Debtor(s):
Mohammad Sadegh Namazikhah Represented By
Raymond H. Aver
1:30 PM
Adv#: 1:20-01082 Seror v. Kasarjian et al
fr. 12/10/20(stip), 2/18/21
Docket 1
- NONE LISTED -
Debtor(s):
Allana Baroni Represented By Michael S Riley Richard L Antognini Matthew D. Resnik
M. Jonathan Hayes
Defendant(s):
Jack Kasarjian Pro Se
Karlene Kelley Pro Se
Plaintiff(s):
David Seror Represented By
Ryan Coy
Trustee(s):
David Seror (TR) Represented By Susan K Seflin
Jessica L Bagdanov
1:30 PM
Adv#: 1:20-01113 Seror v. Ismail et al
avoidance of fraudulent transfers with actual intent
avoidance of constructive fraudulent transfers
recovery and preservation of avoided transfers fr. 01/07/21(stip), 2/18/21
Docket 1
Ruling for April 29, 2021:
Ruling for February 18, 2021: Deadline for completion of mediation is 4/9/21. Continued to 4/29/21 at 1:30 p.m. The parties must file an updated joint status report by 4/15/21. Alternatively, if the parties have settled, the parties should file a notice of settlement. The Plaintiff should lodge a conforming order.
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Hasan Ismail Pro Se
Nasim Ismail Pro Se
Plaintiff(s):
David Seror Represented By
Jessica Wellington
1:30 PM
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
Docket 238
Tentative Ruling for May 5, 2021
Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than May 12, 2021.
Debtor(s):
Nava Enterprise, Inc Represented By William E. Winfield Donald T Dunning
Movant(s):
Donald T. Dunning T. DEERE & Represented By
Donald T Dunning
Trustee(s):
Wesley H Avery (TR) Represented By Tamar Terzian Larry W Gabriel
10:00 AM
RE: [18] Notice of Motion and Motion in Individual Case for Order Confirming Termination of Stay under 11 U.S.C. 362(j) or That No Stay is in Effect under 11
U.S.C. 362(c)(4)(A)(ii) 21650 Pacific Coast Highway, Malibu, CA 90265 with Proof of Service.
Docket 18
Tentative Ruling for May 5, 2021
Movant to address whether it served the moving papers (docket nos. 18, 19, 20, & 22) on the debtor as required by Local Bankruptcy Rule 4001-1(c)(1)(C)(i) or only served debtor’s counsel. Movant and the chapter 7 trustee to address whether paragraph 3 of their Stipulation Among Chapter 7 Trustee and Creditor JP Morgan Chase Bank,
N.A. Granting Limited Relief from the Automatic Stay (docket no. 23) is contrary to the express language of Bankruptcy Code section 362(c)(4)(A)(i) and In re Nelson, 391 B.R. 437, 446 (B.A.P. 9th Cir. 2008) (by § 362(c)(4)(A)’s plain terms, no stay arose in Chapter 13 case either as to actions against debtors or their property or against property of the estate).
Debtor(s):
Viktors Gusevs Represented By
R Grace Rodriguez
Movant(s):
JPMorgan Chase Bank, N.A. Represented By Jeffrey Huron
Trustee(s):
Jerry Namba (TR) Pro Se
10:00 AM
Docket 9
Tentative Ruling for May 5, 2021
Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than May 12, 2021.
Debtor(s):
Fausto Alonso Sosa Represented By Daniel King
Movant(s):
Exeter Finance LLC Represented By Sheryl K Ith
Trustee(s):
Sandra McBeth (TR) Pro Se
10:00 AM
Docket 9
Tentative Ruling for May 5, 2021: Grant. No opposition filed; appearances waive. The moving party shall lodge a conforming order no later than May 12, 2021.
Debtor(s):
Robert Blaine Frost Represented By Brian Nomi
Joint Debtor(s):
Margaret Alice Frost Represented By Brian Nomi
Movant(s):
Mechanics Bank Represented By
Tom Roddy Normandin
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Order to Show Cause Why Debtor Should Not be Held in Civil Contempt for Failure to Comply with Court Orders Compelling the Production of Documents and Turnover of Funds and Sanctioned for Such Failures
FR. 10-21-20, 12-3-20, 1-13-21, 2-19-21, 3-17-21
Docket 126
Ruling for January 13, 2021: Continued to 2/19/21 at 11:30 a.m. The Trustee shall file a pleading in connection with the privilege issue by 1/29/21. Debtor must file response by 2/12/21. Reply is due no later than 2/17/21. Trustee must file a scheduling order which includes the excusal of Debtor's appearance. Also, the Court orders the parties to meet and confer (by phone or video) with respect to the privilege issue.
Ruling for October 21, 2020: Continued to 12/16/20 at 11:30 a.m. No later than 12/2/20, the Trustee should file a statement as to whether or not there has been further compliance. The Trustee's statement should also explain whether additional sanctions are necessary. No later than 12/9/20, the Debtor should file and serve a response. The Debtor should appear by video and audio, along with his counsel. Contempt order shall be held for 48 hours.
The Court finds Debtor in civil contempt for failure to timely comply with the turnover order. Funds were subject to turnover and no adequate demonstration by the Debtor that Debtor is incapable of complying with the order. The Court will allow the Debtor one last opportunity to purge contempt within 14 days of the entry of the contempt order. .
Also, with respect to failure of turnover of the funds, the Trustee was forced to bring the motion for an order to show cause. Debtor is responsible for the trustee's fees and costs in bringing the motion.
11:30 AM
Re the document request, the Court acknowledges there has been compliance with some of the requests. But the Court finds there has not been substantial compliance with the 2004 order. There has been an unjustified failure to timely respond. Debtor has 14 days to purge his contempt from the date of the entry of the contempt order.
Debtor(s):
Mahmood Jafroodi Represented By David Seror
Jessica L Bagdanov Ryan Coy
Trustee(s):
Jerry Namba (TR) Represented By Chad V Haes
D Edward Hays Laila Masud
1:30 PM
RE: [242] Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) Notice of Motion and Motion To: (1) Approve Sale of Real Property Free and Clear of all Liens, Interests, Claims, and Encumbrances with such Liens, Interests, Claims and Encumbrances to Attach to Proceeds Pursuant to 11 U.S.C. §§ 363(B), (F), and (I); (2) Approve Overbid Procedures; and (3) Determine That Buyers are Entitled to Protection Pursuant to 11 U.S.C.
§§ 363(M); Declarations of Wesley H. Avery and Carolyn Triebold In Support Thereof with Proof of Service. (Terzian, Tamar)
Docket 242
- NONE LISTED -
Debtor(s):
Nava Enterprise, Inc Represented By William E. Winfield Donald T Dunning
Movant(s):
Wesley H Avery (TR) Represented By Tamar Terzian Larry W Gabriel
Trustee(s):
Wesley H Avery (TR) Represented By Tamar Terzian Larry W Gabriel
1:30 PM
Docket 86
Final Ruling for May 5, 2021: Fees approved as requested. No opposition was filed. Appearances waived. The Subchapter V Trustee must lodge a conforming order no later than May 12, 2021.
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Movant(s):
Susan K Seflin (TR) Pro Se
Trustee(s):
Susan K Seflin (TR) Pro Se
1:30 PM
RE: [7] Emergency Motion by Debtor For Order (1) Authorizing the Debtor to Continue its Cash Management System, (2) Maintain its Existing Bank Accounts and Business Forms, and (3) Granting Related Relief with proof of service
FR. 4-12-21
Docket 7
Ruling for April 12, 2021: Interim relief granted. Continued to 5/5/21 at 1:30 p.m. Debtor is required to file and serve a notice of continued hearing.
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Richard W Brunette
Movant(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Michael S Kogan Richard W Brunette Richard W Brunette
1:30 PM
RE: [8] Emergency Motion by Debtor for Order (1) Authorizing the Debtor to Continue its Prepetition Insurance Coverage, (2) Satisfy Payment of Prepetition Obligations Related to That Insurance Coverage in the Ordinary Course of Business, and (3) Renew, Supplement, or Enter into New Insurance Coverage in the Ordinary Course of Business, and (4) Granting Related Relief with proof of service
FR. 4-12-21
Docket 8
Ruling for April 12, 2021: Granted on an interim basis. Continued to 5/5/21 at 1:30 p.m.
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Richard W Brunette
Movant(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Michael S Kogan Richard W Brunette Richard W Brunette
1:30 PM
RE: [9] Emergency Motion by Debtor for Order (1) Authorizing the Debtor to Pay Certain Prepetition and Postpetition Taxes and Fees, and (2) Granting Related Relief with proof of service
FR. 4-12-21
Docket 9
Ruling for April 12, 2021: Continued to 5/5/21 at 1:30 p.m. Debtor will include the amount of taxes owed in the notice of continued hearing.
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Richard W Brunette
Movant(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Michael S Kogan Richard W Brunette Richard W Brunette
1:30 PM
RE: [10] Emergency Motion by Debtor for Order (1) Authorizing the Debtor to Maintain and Administer Their Existing Customer Programs and Honor Certain Prepetition Obligations Related Thereto, and (2) Granting Related Relief with proof of service
FR. 4-12-21
Docket 10
Ruling for April 12, 2021: Granted on an interim basis. Continued to 5/5/21 at 1:30
p.m. Debtor is required to file and serve notice of continuance.
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Richard W Brunette
Movant(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Michael S Kogan Richard W Brunette Richard W Brunette
1:30 PM
RE: [11] Emergency First Day Motion to Reject Real Property Executory Contracts Under 11 U.S.C. 365 with proof of service
FR. 4-12-21
Docket 11
Ruling for April 12, 2021: Continued to 5/5/21 at 1:30 p.m. Supplemental opposition and evidence in support thereof may be filed no later than 4/19/21. Debtor must file response no later than 4/29/21.
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Richard W Brunette
Movant(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Michael S Kogan Richard W Brunette Richard W Brunette
1:30 PM
Docket 42
- NONE LISTED -
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Richard W Brunette
Movant(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Michael S Kogan Richard W Brunette Richard W Brunette
1:30 PM
Docket 61
- NONE LISTED -
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Richard W Brunette
Movant(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Michael S Kogan Richard W Brunette Richard W Brunette
2:30 PM
Adv#: 9:19-01054 Namba v. Rasbe, Inc et al
Docket 69
- NONE LISTED -
Debtor(s):
Rasbe, Inc Represented By
Khachik Akhkashian
Defendant(s):
Rasbe, Inc Pro Se
Sherr, LLC Pro Se
Komie, Inc. Pro Se
Emmet, Inc. Pro Se
Benel, Inc. Pro Se
Kayam, Inc. Represented By
Matthew Abbasi
Rone Oren Represented By
Michael N Sofris
Cucamonga Inc. Pro Se
Laura Ballegeer Represented By Matthew Abbasi
DOES 1-29 inclusive Pro Se
2:30 PM
Movant(s):
Kayam, Inc. Represented By
Matthew Abbasi
Laura Ballegeer Represented By Matthew Abbasi
Plaintiff(s):
Jerry Namba Represented By
Carmela Pagay Richard P Steelman Jr
Trustee(s):
Jerry Namba (TR) Represented By Timothy J Yoo Carmela Pagay
2:30 PM
Adv#: 9:19-01077 Valencia v. Sierra
RE: [23] Motion For Summary Judgment ;Memorandum of Points and Authorities and Declaration of Gustavo Valencia in Support
FR. 4-7-21
Docket 23
Ruling for April 7, 2021: Continued to 5/5/21 at 2:30 p.m.
Debtor(s):
Sara Sierra Represented By
Kenneth H J Henjum
Defendant(s):
Sara Sierra Represented By
Creighton A Stephens
Movant(s):
Gustavo Valencia Represented By Karen L Grant
Plaintiff(s):
Gustavo Valencia Represented By Karen L Grant
Trustee(s):
Jerry Namba (TR) Pro Se
2:30 PM
Adv#: 9:19-01077 Valencia v. Sierra
RE: [1] Adversary case 9:19-ap-01077. Complaint by Gustavo Valencia against Sara Sierra. willful and malicious injury)),(64 (Dischargeability - 523(a)(15), divorce/sep property settlement/decree)) (Grant, Karen)
FR. 1-29-20, 4-29-20, 8-5-20, 11-4-20, 12-4-20, 1-20-21, 2-2-21, 4-7-21
Docket 1
Ruling for April 7, 2021:
Ruling for February 2, 2021
Continued to a forthcoming date to trail the plaintiff's MSJ. The Court will enter a scheduling order.
Ruling for December 4, 2020:
Continued to January 20, 2021 at 2:30 p.m. No new status report is needed.
Ruling for November 4, 2020: Continued to 12/16/20 at 2:30 p.m. No new status report is needed.
Debtor(s):
Sara Sierra Represented By
Kenneth H J Henjum
Defendant(s):
Sara Sierra Represented By
Creighton A Stephens
2:30 PM
Plaintiff(s):
Gustavo Valencia Represented By Karen L Grant
Trustee(s):
Jerry Namba (TR) Pro Se
2:30 PM
Adv#: 9:19-01080 Quintero v. Staudenbaur et al
RE: [25] Adversary case 9:19-ap-01080. AMENDED Complaint by Quintero Angela against Maria L Staudenbaur, Eric C Staudenbaur.
FR. 8-26-20, 1-13-21, 4-7-21
Docket 25
Ruling for January 13, 2021:
The Court will issue a scheduling order continuing the status conference to April 7, 2021 at 2:30 p.m.
Ruling for August 26, 2020: Continued to 1/13/21 at 2:30 p.m. Updated status report to be filed no later than 1/4/21.
Plaintiff should prepare and lodge a scheduling order with the following dates: 11/6/20 last day to join other parties and amend pleadings and the last day for discovery to be completed;
11/25/20 as the last day for any case dispositive motions to be filed; and 1/13/21 as the last day for case dispositive motions to be heard.
Tentative Ruling for March 11, 2020
Appearance by telephone is authorized for all parties.
Debtor(s):
Eric C Staudenbaur Represented By Daniel King John D Faucher
2:30 PM
Defendant(s):
Maria L Staudenbaur Represented By John D Faucher
Eric C Staudenbaur Represented By John D Faucher
Joint Debtor(s):
Maria L Staudenbaur Represented By Daniel King John D Faucher
Plaintiff(s):
Angela Quintero Represented By Shawn S White
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:20-01045 McBeth v. Borsack
RE: [1] Adversary case 9:20-ap-01045. Complaint by Sandra K. McBeth against Carmen Corcoba Borsack. ($350.00 Fee Charge To Estate). - Adversary Proceeding Cover Sheet and Complaint to Sell Interest of Estate and of Co- Owner in Real Property Pursuant to 11 U.S.C.§ 363(h). Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Torres, Felicita)
FR. 10-21-20, 12-4-20, 2-10-21
Docket 1
Ruling for February 10, 2021: Continued to 5/5/21 at 2:30 p.m. The following
deadlines are set: the discovery cut off deadline is 6/1; Deadline for the filing of case dispositive motions is 7/1/21; and the deadline to hear these motions is 8/31/21.
Ruling for December 4, 2020:
Continued to February 10, 2021 at 2:30 p.m. A joint status report is due February 3, 2021.
Last day to complete discovery, including receipt of all discvoery requests, and to amend pleadings, or to seek leave to do so, is March 31, 2021.
Last day to file case-dispositive motions is April 14, 2021.
Last day for case-dispositive motions to be heard is May 26, 2021. The trustee to lodge a Rule 16 scheduling order.
Ruling for October 21, 2020: Continued to 12/16/20 at 2:30 p.m. Trustee should file and serve a notice of continued status conference.
Debtor(s):
Donald Carl Goldammer Pro Se
2:30 PM
Defendant(s):
Carmen Corcoba Borsack Pro Se
Joint Debtor(s):
Yolanda Marie Goldammer Pro Se
Plaintiff(s):
Sandra K. McBeth Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder
2:30 PM
Adv#: 9:21-01006 Lazar v. AIS Capital Investments, Inc. et al
Nature of Suit: (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Lawson, Janet)
Docket 1
- NONE LISTED -
Debtor(s):
Eileen Lazar Represented By
Janet A Lawson
Defendant(s):
AIS Capital Investments, Inc. Represented By Edward T Weber
open door lending Pro Se
Elena B Kogan Represented By Edward T Weber
Lil' Wave Financial dba Open Door Represented By
Edward T Weber
Plaintiff(s):
Eileen Lazar Represented By
Janet A Lawson
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
Docket 1593
- NONE LISTED -
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman James P Menton JR
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
Motion For Summary Judgment with proof of service Filed by Defendants GLR, LLC, a Delaware limited liability company, GRL, LLC, a Delaware limited liability company (Beall, William)
Docket 74
- NONE LISTED -
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Movant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
10:00 AM
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman Eric P Israel George E Schulman
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman James P Menton JR
10:00 AM
Adv#: 9:20-01039 McConnell, Chapter 11 Trustee v. California Asphalt Production, Inc., a
Docket 31
- NONE LISTED -
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
California Asphalt Production, Inc., Pro Se GTL1, LLC a Colorado limited Pro Se GIT, INC., a Colorado corporation Pro Se
Movant(s):
Michael A. McConnell, Chapter 11 Represented By
Sonia Singh George E Schulman Uzzi O Raanan ESQ
Michael A. McConnell, Chapter 11 Pro Se Michael A. McConnell, Chapter 11 Pro Se
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Sonia Singh George E Schulman
10:00 AM
Trustee(s):
Uzzi O Raanan ESQ
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman James P Menton JR
10:00 AM
Adv#: 9:20-01039 McConnell, Chapter 11 Trustee v. California Asphalt Production, Inc., a
Docket 39
- NONE LISTED -
Debtor(s):
HVI Cat Canyon, Inc. Represented By David B Shemano
Samantha Indelicato
Defendant(s):
California Asphalt Production, Inc., Pro Se GTL1, LLC a Colorado limited Pro Se GIT, INC., a Colorado corporation Pro Se
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Sonia Singh George E Schulman Uzzi O Raanan ESQ Eric P Israel
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E DE Leest
John N Tedford IV
10:00 AM
Zev Shechtman George E Schulman James P Menton JR
10:00 AM
Adv#: 9:20-01039 McConnell, Chapter 11 Trustee v. California Asphalt Production, Inc., a
RE: [1] Adversary case 9:20-ap-01039. Complaint by Michael A. McConnell, Chapter 11 Trustee against California Asphalt Production, Inc., a California corporation, GTL1, LLC a Colorado limited liability company, GIT, INC., a Colorado corporation. (Charge To Estate). Trustee's Complaint: (1) For Declaratory Relief; and (2) For Violation of Automatic Stay Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Singh, Sonia)
FR. 9-29-20, 11-5-20, 2-11-21, 4-8-21
Docket 1
Ruling for November 5, 2020
Consolidated with 20-01048, 20-1049 & 20-1050. Defendants amended answer(s) & counterclaims to be filed by December 31, 2020. The trustee's response to any such counterclaims will be due as provided by Rule 15(a)(3). A status conference will be held on February 11, 2021 at 10:00 a.m.
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
California Asphalt Production, Inc., Pro Se GTL1, LLC a Colorado limited Pro Se GIT, INC., a Colorado corporation Pro Se
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
10:00 AM
Trustee(s):
Sonia Singh George E Schulman
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
1:30 PM
Docket 17
- NONE LISTED -
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
1:30 PM
Docket 19
- NONE LISTED -
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
1:30 PM
of cash management system
Docket 21
- NONE LISTED -
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
1:30 PM
Docket 23
- NONE LISTED -
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
1:30 PM
Docket 25
- NONE LISTED -
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
1:30 PM
Docket 37
- NONE LISTED -
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
1:30 PM
Docket 15
- NONE LISTED -
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
RE: [394] Application to Employ ONYX ASSET ADVISORS, LLC AND RABIN WORLDWIDE, INC. as Sales Agent
FR. 4-19-21
Docket 394
Ruling for April 19, 2021: Revisions due by 5/3/21 and response due by 5/6/21 at noon. Hearing continued to 5/7/21 at 10:00 a.m.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
RE: [395] Motion For Sale of Property of the Estate under Section 363(b) - No Fee NOTICE OF MOTION AND MOTION OF DEBTOR FOR ENTRY OF AN ORDER 1) APPROVING FORM OF ASSET PURCHASE AGREEMENT; 2) APPROVING AUCTION SALE FORMAT AND BIDDING PROCEDURES; 3) SETTING AN AUCTION AND HEARING TO APPROVE SALE TO THE WINNING BIDDER; AND 4) APPROVING RELATED RELIEF
FR. 4-19-21
Docket 395
Ruling for April 19, 2021: Revisions filed by 5/3/21 and response by 5/6/21 at noon. Hearing continued to 5/7/21 at 10:00 a.m.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
RE: [408] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: Brewing Equipment .
FR. 4-26-21
Docket 408
Ruling for April 26, 2021: Continued to 5/7/21 at 10:00 a.m.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Tank2Tap, LLC Represented By Ryan D Zick
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
RE: [411] Motion to Allow Claim Notice of Motion and Motion for Allowance and Payment of Administrative Claim
FR. 4-26-21
Docket 411
Ruling for April 26, 2021: Continued to 5/7/21 at 10:00 a.m.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Tank2Tap, LLC Represented By Ryan D Zick
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
2:30 PM
RE: Chapter 11 Voluntary Petition Non-Individual
Docket 1
NONE LISTED -
Debtor(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
Nicholas A Koffroth Keith C Owens
Movant(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
Nicholas A Koffroth Keith C Owens
11:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
NONE LISTED -
11:00 AM
Docket 69
Ruling for March 23, 2021
The Court vacates the ruling posted below and continues the hearing to a date to be specified in a forthcoming order.
Final Ruling for March 23, 2021
Approve requested fees and expenses, and authorize proposed payments. No objections filed; appearances waived. The trustee shall lodge a conforming order no later than March 30, 2021.
Debtor(s):
Valley Aire, Inc. Represented By Michael R Totaro
Trustee(s):
Diane C Weil (TR) Represented By Natella Royzman
11:00 AM
Docket 489
NONE LISTED -
Debtor(s):
Mohammad Sadegh Namazikhah Represented By
Raymond H. Aver
Trustee(s):
David Seror (TR) Represented By Nancy H Zamora
11:00 AM
FRBP 2016 and 2017 and turnover of estate property under § 542
Docket 83
NONE LISTED -
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure
Trustee(s):
Diane C Weil (TR) Represented By David Seror Tamar Terzian
11:00 AM
Docket 81
NONE LISTED -
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure Anthony N Ranieri
Trustee(s):
Diane C Weil (TR) Represented By David Seror Tamar Terzian
1:30 PM
fee: $28850.00, expenses: $487.00.
Docket 119
NONE LISTED -
Debtor(s):
Nick Armik Nazarian Represented By Vahe Khojayan
1:30 PM
Docket 1
Ruling for December 9, 2020: Off-calendar.
Ruling for September 22, 2020:
Continued to November 10, 2020 at 1:30 p.m. Debtor to file a notice of continuance with only NEF service to creditors.
Ruling for 6/8/20: Status conference is continued to 7/13/20 at 1:30 p.m. No new status report is required.
Ruling for 4/28/20: Continued to 6/8/20 at 1:30 p.m. Debtor should file a notice of continued status conference. Updated status report is not needed.
Ruling for March 17, 2020
Continued to 4/28/20 at 1:30 p.m. Debtor to file and serve notice of continued status conference.
Ruling for February 5, 2020: Continued to 3/17/20 at 1:30 p.m.
Ruling for December 11, 2019
Continued to February 5, 2020 at 1:30.
1:30 PM
Ruling for 9/11/19: Continued to 12/11/19 at 1:30 p.m. Debtor may also set the disclosure statement hearing on for 12/11/19 at 1:30 p.m.
The chapter 11 status conference is continued to September 11, 2019 at 1:30 pm. Appearances on June 11, 2019 are excused.
The debtor shall promptly lodge an order: (i) establishing August 23, 2019 as the general bar date in this case, (ii) directing the debtor to serve notice of the bar date on the required local form no later than June 21, 2019; and (iii) establishing September 27, 2019 as the deadline to file a chapter 11 plan and disclosure statement.
The debtor also shall file and serve on all creditors a notice of continued chapter 11 status conference.
Ruling for 5/14/19: Continued to 6/11/19 at 1:30 p.m. Debtor should file and serve notice of continued status conference
Debtor(s):
Nick Armik Nazarian Represented By Vahe Khojayan
1:30 PM
Docket 21
NONE LISTED -
Debtor(s):
80X3 Corp Represented By
Stephen L Burton
1:30 PM
Docket 1
Ruling for April 27, 2021: Bar date is set for 6/28/21. Debtor should serve bar date notice by 5/10/21. Continued to 5/11/21 at 1:30 p.m.
No new status report is needed. Plan and disclosure statement must be filed no later than 9/30/21.
Debtor(s):
80X3 Corp Represented By
Stephen L Burton
1:30 PM
# 3 Exhibit Exhibits :F- H; # 4 Exhibit Exhibits I - K; # 5 Exhibit Exhibits L - M; # 6 Exhibit Exhibits
fr. 4/6/21
Docket 210
Ruling for April 6, 2021:
Continued to 5/5/21 @ 1:30. By 4/27/21, Dtr to file a 2d amended disclosure statement and plan, with blacklines, and notice of the continued hearing to all creditors. Objections due by 5/4/21.
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
1:30 PM
fr. 6/25/19; 9/25/19, 12/11/19, 3/17/20, 5/26/20, 8/12/20; 8/17/20, 9/14/20. 11/10/20, 1/19/21, 2/3/21,
3/23/21, 4/6/21
Docket 1
Ruling for April 6, 2021:
Continued to 5/11/21 @ 1:30. No new status report is required.
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m. Amended Plan and Disclosure Statement to be filed by March 2, 2021. Objections due by March 16, 2021. Provided the amended Plan and Disclosure Statement are filed, no new status report is required.
Ruling for 9/14/20: Continued to 11/10/20 at 1:30 p.m. Debtor should file and serve notice of continuance. No updated status report needed.
Ruling for May 26, 2020: Continued to 8/12/20 at1:30 p.m. Debtor to file and serve notice of continued status conference. No new status report needed.
Ruling for March 17, 2020
Appearances waived. Continued to May 26, 2020 at 1:30 p.m.
Tentative Ruling for September 25, 2019: Continued to December 11, 2019 at 1:30
p.m. Debtor shall file an updated status report two weeks prior to the continued status conference. Appearances waived.
1:30 PM
Ruling for 6/25/19: Bar date is 8/30/19. Debtor to lodge bar date order which requires the bar date notice to be in the mail by 7/2/19. Deadline for plan and disclosure statement filing is 1/31/20. Continued to 9/25/19 at 1:30 p.m. Debtor must file an updated status report by 9/11/19.
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
1:30 PM
Docket 142
NONE LISTED -
Debtor(s):
Ilda Eduwiges Alvarez Represented By Lionel E Giron Joanne P Sanchez
1:30 PM
Docket 223
Ruling for April 13, 2021: Continued to 5/11/21 at 1:30 p.m. Debtor must file and serve a notice of continued hearing with the ZoomGov information and proposed amendments no later than 4/27/21.
Ruling for March 5, 2021:
Debtor to file and serve a 2d Amended Plan by March 22, 2021. Debtor to file and serve written notice of the plan confirmation hearing, ballot deadline and objection deadline by March 22, 2021. Ballots and objections to the 2d Amended Plan due by April 6, 2021. Debtor's response to any such objections and all evidence in support of confirmation due by April 12, 2021.
Tentative Ruling for March 5, 2021:
Debtor shall be prepared to address the following:
What treatment is provided for in the Amended Plan for Proof of Claim #17 (Lionel Levin, Esq.; unsecured priority claim for $22,800)? If POC #17 is a member of Class 1(a), the Amended Plan needs to say that. Is Levin being paid directly on account of POC #17 or does the Debtor propose to pay Larissa Soltanova Friedman ("Larissa") on behalf of Levin and, if so, has Levin consented to this arrangement? If Levin has not consented, and is a member of Class 1(a), the class appears to be impaired.
Why does the Amended Plan characterize Classes 2, 2(a) and 2(b) as "secured?" Only claims secured by collateral in which the estate holds an interest can be deemed secured. 11 U.S.C. § 506(a). If 123 Ramona, LLC and
1:30 PM
801 Vendome, LLC own the real properties securing these obligations, the claims are unsecured.
Why does the Amended Plan create a current obligation to pay what appear to be contingent guaranty claims in Class 2? It is unclear what the facts are regarding the guaranty claims in favor of Axos Bank fka BOFL ("Axos") asserted in Proofs of Claim #12, #13 and #15. POC #12 and #13 include a written guaranty from the Debtor of the principal obligations of 123 Ramona, LLC. POC #15 asserts it is a guaranty from the Debtor of the principal obligation of 801 Vendome, LLC but no written guaranty is attached to POC #
15. The Amended Plan appears to describe all of these guaranty claims as contingent. If the claims are contingent, why does the Amended Plan require the Debtor – as opposed to the principal obligors – to make current payments to Axos? If the principal obligors are current on these debts, why would the Debtor be required to make payments to Axos on the same debts?
Why does the Amended Plan characterize Class 2 as "unimpaired?" In the 9th Circuit, any alteration of a creditor’s rights, including enhancement of such rights, constitutes impairment. In re L & J Anaheim Assocs., 995 F.2d 940, 942–43 (9th Cir. 1993). To the extent the Amended Plan enhances Axos’ rights on contingent guaranty claims, Class 2 is impaired.
Why does the Amended Plan characterize Class 3 as "unimpaired" if no postpetition interest is paid to members of this class? The rule in the 9th Circuit is that unsecured creditors of a solvent debtor must be paid postpetition interest (at no less than the federal post-judgment rate) to be deemed unimpaired. In re Cardelucci, 285 F.3d 1231, 1233–34, 1236 (9th Cir. 2002). See also, In re Cuker Interactive, LLC, 622 B.R. 67, 71 (Bankr. S.D. Cal. 2020); In re PG&E Corp., 610 B.R. 308, 312-13, 315 (Bankr. N.D. Cal. 2019), leave to appeal denied sub nom. Ad Hoc Comm. of Holders of Trade Claims v. PG&E Corp., 614 B.R. 344 (N.D. Cal. 2020). The Amended Plan does not mention the payment of any postpetition interest to Class 3, therefore it is impaired.
What claims are members of Class 3? The Amended Plan does not direct the reader to an exhibit listing all of the creditors included in Class 3. Claims
1:30 PM
listed on the Debtor’s Schedule F which are not listed as contingent or unliquidated or disputed are deemed prima facie valid. Fed. R. Bankr. P. 3003(b)(1). The following claims from Debtor’s Schedule F are deemed allowed but do not appear to be accounted for in the Amended Plan:
Michael Kliman | $100,000 |
Michael Warsavsky | $12,000 |
Adil Friedman | $150,000 |
Why does the Amended Plan assert that Class 3 will be paid "100%"? It appears that the amount of claims in Class 3 is at least $345,967.45, excluding accrued postpetition interest. The Amended Plan provides for only $83,967.45 in payments to Class 3.
Will the Debtor cure any amounts owing under the CCAP / Santander auto lease? The Errata to the Amended Plan states the Debtor will be assuming this lease at confirmation. Proof of Claim #4 filed by CCAP asserts a default amount of $594.88 as of the Petition Date. The Debtor must cure any monetary defaults under the lease as a condition of assumption. 11 U.S.C. § 365(b)(1)(A). The Amended Plan needs to state the amount of any cure so that all parties in interest can assess the feasibility of the Amended Plan.
Is the Debtor rejecting the auto lease with Mercedes Benz Financial Services listed on Schedule G? If so, does the Amended Plan need to fix a bar date for filing a rejection damages claim? Although the Debtor’s declaration mentions that he "turned in the Mercedes," the Amended Plan does not appear to address whether this lease was (or will be) rejected.
Why is paragraph 8.08 "Retention of Jurisdiction" left blank?
The March 1, 2021 Stipulation Regarding Debtor’s Amended Plan of Reorganization between the Debtor and Axos appears to be an untimely reaffirmation agreement. See Fed. R. Bankr. P. 4008(a) ("A reaffirmation agreement shall be filed no later than 60 days after the first date set for the meeting of creditors under § 341(a) of the Code"). Did Axos otherwise
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comply with Bankruptcy Code section 524(c)(2) and (k)? Will Debtor’s counsel be filing the declaration required by Bankruptcy Code section 524(c) (3)?
Ruling for November 20, 2020: Continued to February 16, 2021 at 1:30 p.m. Objections to be filed by February 2, 2021. Debtor to give notice to all creditors, including those listed on the record as having not been served, with notice of the continued hearing and notice of the objection deadline.
Debtor(s):
Ross Friedman Represented By Stella A Havkin
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
fr. 4/28/20, 9/2/20, 9/14/20, 10/1/20, 11/20/20, 2/16/21, 3/2/21, 3/5/21, 4/13/21
Docket 1
Ruling for April 13, 2021: Continued to 5/11/21 at 1:30 p.m. No new status report is required.
Ruling for November 20, 2020: Continued to 2/16/21 at 1:30 p.m.
Ruling for October 1, 2020:
Tentative adopted.
Tentative Ruling on October 1, 2020
Continued to November 20, 2020 at 1:30 p.m.. No new status report required as the confirmation hearing is set for the same date and time. Appearances on October 1, 2020 waived.
Ruling for 4/28/20: Debtor's counsel should lodge an order providing for the following: Bar date is set for 6/19/20; Notice of bar date should be filed by 5/1/20. Deadline to file plan and disclosure statement is 7/20/20. Debtor should file objections to claims by 7/10/20. Status conference continued to ??? (Court will do an order with continued status conf date.)
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to
1:30 PM
attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Ross Friedman Represented By Stella A Havkin
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
Docket 49
Ruling for April 2, 2021:
Tentative adopted. If Debtor needs more time it can file a brief motion to extend the deadlines below.
Liquidation Analysis. The liquidation analysis in section I.C is cursory, incomplete and unacceptable. A liquidation analysis needs to account for all of the debtor's property and estimate the amount that would be yielded for each of those assets if liquidated in a hypothetical chapter 7.
The brief discussion here acknowledges that the Debtor has equity interests in various businesses but makes no attempt to value those interests if they were liquidated by a chapter 7 trustee. In a single sentence, this section mentions a property and something about costs of sale, but to someone other than a bankruptcy lawyer this sentence is unintelligible. Further, no other information is given about the Debtor's other tangible and intangible property interests. This is not an adequate liquidation analysis.
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The liquidation analysis should illustrate the "waterfall" of distribution in a
hypothetical chapter 7 case. This is most effectively done in an exhibit (i.e., a detailed chart), together with detailed explanatory text. No such exhibit was provided, even though it is clearly contemplated by Official Form 425A. Moreover, the text explains very little.
The Debtor must amend the Plan to include a real liquidation analysis. The analysis should, at a minimum, account for all of the Debtor's assets, identify estimated liquidation values and the basis for those values for each asset or category of assets, identify each of the secured creditors and the amounts of their claims, estimate all administrative expenses in a chapter 7 liquidation of the estate, estimate the amount of priority unsecured claims, estimate the amount of unsecured claims, and show the "math."
Class 1 Priority Tax Claim: In Article 2, dealing with "Classification of Claims and Interests," the Plan states that Class 1 priority claims will be paid within 24 months of the effective date under the Plan. In Article 3, dealing with "Treatment of Claims and Interests," the Plan states that Class 1 priority claims will be paid in full on the Effective Date. The Debtor must fix this inconsistency. The Court notes that Article 2 should not contain any treatment information in any event, as that section should only address classification.
Franchise Tax Board, Proof of Claim #1: The FTB filed a proof of claim on December 11, 2020. The claim is listed as secured in the amount of
$32,407.69. Upon the filing of the claim, it was deemed allowed. 11 U.S.C. § 502(a). The Plan, however, fails to address this claim in any way. Was it simply an oversight? Does the Debtor intend to object to the claim and obtain an adjudication prior to confirmation? If not, how does the plan propose to deal with it? These issues must be clarified.
Class 2 Secured Claims. These subsections are ambiguous. Are you purporting to describe the existing terms of these secured claims? Or the modified terms of these claims, following treatment under the plan? This must be clarified.
Class 3. The Debtor contends there are just two allowed claims in Class 3. The Plan should specifically identify the holders of these claims by name and
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the amounts at which those claims are allowed. The Court notes that the Debtor has scheduled a series of disputed claims in very significant amounts. Although claims that are scheduled as disputed in a chapter 11 case are not deemed allowed, see 11
U.S.C. § 1111(a), the Court believes that the additional specificity is warranted—so it is absolutely clear which unsecured creditors the plan is proposing to pay.
Class 3 Impairment? The Plan fails to state whether Class 3 is impaired. It appears from the Plan that the class is impaired and should be designated accordingly.
Voting Classes. Subject to the foregoing, the Plan generally identifies which classes are impaired but fails to identify which classes are entitled to vote.
Executory Contract/Unexpired Lease. The Plan asserts that the Debtor has no executory contracts or unexpired leases. The Debtor, however, identifies a vehicle lease in his Schedule G, the Schedule of Executory Contracts and Unexpired Leases. Why the discrepancy? Either the Plan or Schedule G must be amended.
Effective Date Funding Requirements. The Plan should—but does not—identify the amount of cash necessary to satisfy all claims that will be due on the occurrence of the effective date of the Plan. The Court believes this is an important element of the Plan. In connection with confirmation, and satisfying his burden with respect to feasibility, the Debtor will have to show that the funds are available to satisfy this amount.
Administrative Expense Claims. The text of section 3.01 is nonsensical. It says that there are no unclassified administrative expense claims. In the next section, section 3.02, the Plan states that there are unclassified administrative expense claims, i.e., administrative expenses of the Sub V trustee. Why did the Debtor deviate here from the text of Official Form 425A with respect to section 3.01? What was the Debtor trying to achieve? Section 3.01 is inconsistent with section 3.02 (and common sense) and should be corrected.
Further, Section 3.02 is infirm on its face for multiple reasons. First, it provides no treatment for any administrative expense claim. Treatment must be specified.
Second, it identifies no administrative expense claims other than the Sub V trustee. This is not plausible. What about counsel? Is counsel working for free? What about
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administrative tax claims and other obligations that arose in the ordinary course of the Debtor's affairs during the case? Third, it is inadequate to say the Sub V fees are not known. The Debtor should endeavor to get an estimate from the Sub V trustee and the Sub V trustee should accommodate such a request.
180 Day Income and Expense Projections. These projections are potentially confusing to creditors because they do not clearly reflect all payments that will be due under the plan and do not clearly show whether the Debtor is able to meet those obligations. There are references to payments on a first, second and third deed of trust. To which classes under the Plan do these payments correspond? Where are the payments on administrative expenses and priority tax claims? Where are the payments to the holders of unsecured claims? Presumably some of these payments will be on the effective date of the plan and some over time—that needs to be shown.
Provisions on Default. Article 10 of the Plan states that if the Debtor does not make all required plan payment, the plan's default provisions will control. Those provisions, at least as described in section 10.01, are incomplete. They propose a process for noticing a default but say nothing of the consequences of a failure to cure. What is the point of having default procedures if they don't say what happens?
Debtor(s):
Brian Anthony Veskosky Represented By Michael R Totaro
Trustee(s):
Susan K Seflin (TR) Pro Se
1:30 PM
fr. 1/19/21, 2/3/21, 3/23/21; 4/2/21
Docket 1
Ruling for April 2, 2021:
Continued to May 11, 2021 at 1:30 p.m.
Ruling for February 3, 2021:
Debtor to file the projections omitted from the status report by February 5, 2021. Status conference is continued to March 23, 2021 at 1:30 p.m.
Debtor(s):
Brian Anthony Veskosky Represented By Michael R Totaro
Trustee(s):
Susan K Seflin (TR) Pro Se
1:30 PM
Docket 67
- NONE LISTED -
Debtor(s):
Orby TV, LLC Represented By Ron Bender
Krikor J Meshefejian
1:30 PM
Docket 81
- NONE LISTED -
Debtor(s):
Orby TV, LLC Represented By Ron Bender
Krikor J Meshefejian
1:30 PM
Docket 78
- NONE LISTED -
Debtor(s):
Orby TV, LLC Represented By Ron Bender
Krikor J Meshefejian
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
RE: [397] Notice of Motion and Motion to Restrict White Winston From Credit Bidding Pursuant To § 363(k) at Proposed Sale of Debtors Assets and Request to Exceed Page Limit; Memorandum of Points and Authorities; and Proof of Service
FR. 4-19-21
Docket 397
Ruling for April 19, 2021: Continued to 5/12/21 at 10:00 a.m. for cross examination of the declarants.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
RE: [394] Application to Employ ONYX ASSET ADVISORS, LLC AND RABIN WORLDWIDE, INC. as Sales Agent
FR. 4-19-21, 5-7-21
Docket 394
Ruling for 5/7/21: Continued to 5/12/21 at 10:00 a.m.
Ruling for April 19, 2021: Revisions due by 5/3/21 and response due by 5/6/21 at noon. Hearing continued to 5/7/21 at 10:00 a.m.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
RE: [242] Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) Notice of Motion and Motion To: (1) Approve Sale of Real Property Free and Clear of all Liens, Interests, Claims, and Encumbrances with such Liens, Interests, Claims and Encumbrances to Attach to Proceeds Pursuant to 11 U.S.C. §§ 363(B), (F), and (I); (2) Approve Overbid Procedures; and (3) Determine That Buyers are Entitled to Protection Pursuant to 11 U.S.C.
§§ 363(M); Declarations of Wesley H. Avery and Carolyn Triebold In Support Thereof with Proof of Service. (Terzian, Tamar)
FR. 5-5-21
Docket 242
Ruling for May 5, 2021: Continued to 5/12/21 at 1:30 p.m. Trustee to serve all banks with liens on the Property by expedited means this week with notice of the continued hearing. The banks may present any opposition at the hearing. The notice must include specific Zoom contact information.
Debtor(s):
Nava Enterprise, Inc Represented By William E. Winfield Donald T Dunning
Movant(s):
Wesley H Avery (TR) Represented By Tamar Terzian Larry W Gabriel
Trustee(s):
Wesley H Avery (TR) Represented By Tamar Terzian
1:30 PM
Larry W Gabriel
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
Docket 25
Ruling for May 6, 2021: Granted as to all of the leases but for the PPF Off 1601
Wewatta Street LLC lease. Court denies as to the request that the property will be received free and clear of liens. Continued to 5/13/21 at 10:00 a.m. If the parties resolve their dispute, this will come off calendar.
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
10:00 AM
Docket 81
- NONE LISTED -
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
Adv#: 1:19-01136 Vicino Limited Partnership v. Wallace
fr. 1/23/20, 2/6/20; 5/14/20; 12/10/20
Docket 1
Ruling for December 10, 2020: Continued to 5/13/21 at 1:30 p.m.
May 14, 2020
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through June 30, 2020 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
Ruling for February 6, 2020: Parties are ordered to mediation. Status conference continued to 5/14/20 at 1:30 p.m.
Debtor(s):
Joe Wallace Represented By
Alfred J Verdi
Defendant(s):
Joe Wallace Pro Se
1:30 PM
Plaintiff(s):
Vicino Limited Partnership Represented By
David I Brownstein
Trustee(s):
David Seror (TR) Pro Se
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
10:00 AM
ROMPSEN MORTGAGE LIMITED PARTNERSHIP
Docket 47
Debtor(s):
Credit Suisse Alternative Capital, Represented By
William H Brownstein
10:00 AM
Citivest Realty and Mortgage Company for violating the automatic stay
Docket 329
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
10:00 AM
fr. 4/27/21
Docket 311
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Movant(s):
Sam LaMonica Represented By
William H Brownstein
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
10:00 AM
# 3 Exhibit Exhibits :F- H; # 4 Exhibit Exhibits I - K; # 5 Exhibit Exhibits L - M; # 6 Exhibit Exhibits
fr. 4/6/21, 5/11/21
Docket 210
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
10:00 AM
fr. 6/25/19; 9/25/19, 12/11/19, 3/17/20, 5/26/20, 8/12/20; 8/17/20, 9/14/20. 11/10/20, 1/19/21, 2/3/21,
3/23/21, 4/6/21, 5/11/21
Docket 1
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
FINAL APPROVAL HEARING RE: [6] Emergency motion , Motion for Authority to Obtain Credit Under Section 364(b), Rule 4001(c) or (d) Emergency Motion for Interim and Final Orders: (I) Authorizing Debtor to Obtain Postpetition Financing; (II) Granting Liens and Superpriority Claims; (III) Granting Adequate Protection to Prepetition Secured Creditors; (IV) Modifying the Automatic Stay; and (V) Granting Related Relief
FR. 4-26-21
Docket 6
Ruling for April 26, 2021:
Denied on an interim / emergency basis. Final approval hearing to be held on May 19, 2021 at 10:00 a.m.
Debtor's revised motion, supplemental evidence and notice of hearing to be filed by May 7, 2021.
Opposition to be filed by May 14, 2021 Reply papers to be filed by May 18, 2021.
Debtor(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
Movant(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
FINAL APPROVAL HEARING RE: [6] Emergency motion , Motion for Authority to Obtain Credit Under Section 364(b), Rule 4001(c) or (d) Emergency Motion for Interim and Final Orders: (I) Authorizing Debtor to Obtain Postpetition Financing; (II) Granting Liens and Superpriority Claims; (III) Granting Adequate Protection to Prepetition Secured Creditors; (IV) Modifying the Automatic Stay; and (V) Granting Related Relief
FR. 4-26-21
Docket 6
Ruling for April 26, 2021:
Denied on an interim / emergency basis. Final approval hearing to be held on May 19, 2021 at 10:00 a.m.
Debtor's revised motion, supplemental evidence and notice of hearing to be filed by May 7, 2021.
Opposition to be filed by May 14, 2021 Reply papers to be filed by May 18, 2021.
Debtor(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
Movant(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
11:30 AM
RE: [17] Motion to Reopen Chapter 7 Case by Stipiulation between Debtor, Jared Falk and Logix Credit Union. A. Lysa)
FR. 3-17-21
Docket 17
Ruling for March 17, 2021: Continued to 5/26/21 at 11:30 a.m. Supplemental briefing is due no later than 5/12/21.
Debtor(s):
Jared Adam Falk Represented By Kevin T Simon
Movant(s):
LOGIX FEDERAL CREDIT Represented By
A. Lysa Simon
Trustee(s):
Jerry Namba (TR) Pro Se
2:00 PM
FINAL APPROVAL HEARING RE: [6] Emergency motion , Motion for Authority to Obtain Credit Under Section 364(b), Rule 4001(c) or (d) Emergency Motion for Interim and Final Orders: (I) Authorizing Debtor to Obtain Postpetition Financing; (II) Granting Liens and Superpriority Claims; (III) Granting Adequate Protection to Prepetition Secured Creditors; (IV) Modifying the Automatic Stay; and (V) Granting Related Relief
FR. 4-26-21
Docket 6
Ruling for April 26, 2021:
Denied on an interim / emergency basis. Final approval hearing to be held on May 19, 2021 at 10:00 a.m.
Debtor's revised motion, supplemental evidence and notice of hearing to be filed by May 7, 2021.
Opposition to be filed by May 14, 2021 Reply papers to be filed by May 18, 2021.
Debtor(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
Movant(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
Docket 251
Tentative Ruling for May 26, 2021
Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than June 2, 2021.
Debtor(s):
Nava Enterprise, Inc Represented By William E. Winfield Donald T Dunning
Movant(s):
Ally Financial Represented By Greg P Campbell
Trustee(s):
Wesley H Avery (TR) Represented By Tamar Terzian
10:00 AM
RE: [18] Notice of Motion and Motion in Individual Case for Order Confirming Termination of Stay under 11 U.S.C. 362(j) or That No Stay is in Effect under 11
U.S.C. 362(c)(4)(A)(ii) 21650 Pacific Coast Highway, Malibu, CA 90265 with Proof of Service.
FR. 5-5-21
Docket 18
Ruling for May 5, 2021
Continued to May 26, 2021 at 10:00 a.m. Movant to correct the service defects and file and serve a notice of continued hearing. Trustee to file supplemental briefing by May 14, 2021 on whether any stay is in effect.
Tentative Ruling for May 5, 2021
Movant to address whether it served the moving papers (docket nos. 18, 19, 20, & 22) on the debtor as required by Local Bankruptcy Rule 4001-1(c)(1)(C)(i) or only served debtor’s counsel. Movant and the chapter 7 trustee to address whether paragraph 3 of their Stipulation Among Chapter 7 Trustee and Creditor JP Morgan Chase Bank,
N.A. Granting Limited Relief from the Automatic Stay (docket no. 23) is contrary to the express language of Bankruptcy Code section 362(c)(4)(A)(i) and In re Nelson, 391 B.R. 437, 446 (B.A.P. 9th Cir. 2008) (by § 362(c)(4)(A)’s plain terms, no stay arose in Chapter 13 case either as to actions against debtors or their property or against property of the estate).
Debtor(s):
Viktors Gusevs Represented By
R Grace Rodriguez
Movant(s):
JPMorgan Chase Bank, N.A. Represented By Jeffrey Huron
10:00 AM
Trustee(s):
Jerry Namba (TR) Pro Se
10:00 AM
Docket 7
Tentative Ruling for May 26, 2021: Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than 6/2/21.
Debtor(s):
Tuesday Dawn Hight Represented By Daniel A Higson
Movant(s):
Santander Consumer USA Inc. dba Represented By
Sheryl K Ith
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
Docket 11
- NONE LISTED -
Debtor(s):
Linsy I Garcia Pro Se
Trustee(s):
Sandra McBeth (TR) Pro Se
11:00 AM
Docket 9
- NONE LISTED -
Debtor(s):
Ignacio Gutierrez Licon Jr. Represented By Daniel A Higson
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
RE: [11] Reaffirmation Agreement Between Debtor and Systems & Services Technologies, Inc.
Docket 11
- NONE LISTED -
Debtor(s):
Ignacio Gutierrez Licon Jr. Represented By Daniel A Higson
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
Docket 8
- NONE LISTED -
Debtor(s):
Lisie Cervantes Represented By Janet A Lawson
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 9
- NONE LISTED -
Debtor(s):
Alejandra Ceja Represented By Todd J Mannis
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 12
- NONE LISTED -
Debtor(s):
Alejandra Ceja Represented By Todd J Mannis
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 15
- NONE LISTED -
Debtor(s):
Alejandra Ceja Represented By Todd J Mannis
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 8
- NONE LISTED -
Debtor(s):
Roger W. Allen Represented By Todd J Mannis
Joint Debtor(s):
Brenda Kennedy Allen Represented By Todd J Mannis
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
Docket 8
- NONE LISTED -
Debtor(s):
Guillermina Vejar Pro Se
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 9
- NONE LISTED -
Debtor(s):
Guillermina Vejar Pro Se
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 50
- NONE LISTED -
Debtor(s):
Matthewson Epuna Represented By James C Shields
Trustee(s):
Sandra McBeth (TR) Represented By Felicita A Torres Joseph M Sholder
11:30 AM
RE: [17] Motion to Reopen Chapter 7 Case by Stipiulation between Debtor, Jared Falk and Logix Credit Union. A. Lysa)
FR. 3-17-21
Docket 17
Ruling for March 17, 2021: Continued to 5/26/21 at 11:30 a.m. Supplemental
briefing is due no later than 5/12/21.
Debtor(s):
Jared Adam Falk Represented By Kevin T Simon
Movant(s):
LOGIX FEDERAL CREDIT Represented By
A. Lysa Simon
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [18] Motion to Vacate Discharge by Stipulation between Debtor, Jared Falk and Creditor Logix Federal Credit Union (Simon, A. Lysa)
FR. 3-17-21
Docket 18
Ruling for March 17, 2021: Continued to 5/26/21 at 11:30 a.m. Supplemental
briefing is due no later than 5/12/21.
Debtor(s):
Jared Adam Falk Represented By Kevin T Simon
Movant(s):
LOGIX FEDERAL CREDIT Represented By
A. Lysa Simon
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 30
- NONE LISTED -
Debtor(s):
Kathleen Therese Connor Represented By Reed H Olmstead
Trustee(s):
Jerry Namba (TR) Represented By Meghann A Triplett Anna Landa
1:30 PM
RE: [129] Motion to Reopen Chapter 11 Case In Individual Chapter 11 Case To Obtain Discharge and Final Decree With Proof of Service. Debtor Kevin Scott Monosco (Goodman, Andrew)
Docket 129
Final Ruling for May 26, 2021: Grant. No opposition filed; appearances waived. The Debtor shall lodge a conforming order no later than June 2, 2021.
Debtor(s):
Kevin Scott Monosco Represented By Andrew Goodman Meghann A Triplett
Joint Debtor(s):
Jennifer Jean Monosco Represented By Andrew Goodman Meghann A Triplett
1:30 PM
RE: [136] Motion For Final Decree and Order Closing Case. Debtors Motion For Order of Discharge, Final Decree and Order Closing Case in Individual Chapter 11 Case With Proof of Service
Docket 136
Final Ruling for May 26, 2021: Grant. No opposition filed; appearances waived. The Debtor shall lodge a conforming order no later than June 2, 2021.
Debtor(s):
Kevin Scott Monosco Represented By Andrew Goodman Meghann A Triplett
Joint Debtor(s):
Jennifer Jean Monosco Represented By Andrew Goodman Meghann A Triplett
1:30 PM
Chapter 11 Status Conference
FR. 11-20-19, 2-26-20, 5-20-20, 7-15-20, 10-7-20, 1-13-21, 2-19-21
Docket 1
Ruling for February 19, 2021: Continued to 5/26/21 at 1:30. If plan and disclosure statement filed by 3/31/21, then this date may be used for disclosure statement hearing. If Debtor has not filed a timely plan and disclosure statement by 3/31/21 then Court may impose an administrative deadline. Debtor must file and serve notice of the continued status conference.
Ruling for January 13, 2021:
Continued to February 19, 2021 at 1:30 p.m. Debtor should be prepared to address deadlines and what needs to be done, must file and serve notice of the continued status conference and a brief status report.
Ruling for October 7, 2020:
Continued to January 13, 2021 @ 1:30 p.m. with a status report to be filed two weeks prior. Dtr to serve a notice of continued status conference with the zoom information no later than October 21, 2020.
Ruling for July 15, 2020
1:30 PM
Continued to October 7, 2020 at 1:30 p.m. Debtor must file and serve an updated status report two weeks prior to the continued status conference.
Final Ruling for 5/20/20: Continued to 7/15/20 at 1:30 p.m. Debtor must file an updated status report no later than 7/1/20. Appearances are waived.
Ruling for 2/26/20: Continued to 5/20/20 at 1:30 p.m. Debtor to file a notice of continued status conference/status report two weeks prior to the hearing.
Ruling for November 20, 2019:
Continued to February 20, 2020 at 1:30 p.m.
The bar date is January 31, 2020. Debtor to file and serve the bar date notice by November 27, 2019.
Debtor(s):
Craig Alan Lieberman Represented By Reed H Olmstead
1:30 PM
RE: [7] Emergency Motion by Debtor For Order (1) Authorizing the Debtor to Continue its Cash Management System, (2) Maintain its Existing Bank Accounts and Business Forms, and (3) Granting Related Relief with proof of service
FR. 4-12-21, 5-5-21
Docket 7
Final Ruling for May 26, 2021: If the Debtor's new debtor-in-possession accounts are now open and the U.S. Trustee has no further objection to this motion, then the motion is granted on a final basis. Debtor must lodge a final order and file a notice of lodgment. Otherwise, the hearing is continued to June 30, 2021 at 1:30 p.m.
Appearances are waived.
Ruling for May 5, 2021: Interim relief granted. Continued to 5/26/21 at 1:30 p.m.
Ruling for April 12, 2021: Interim relief granted. Continued to 5/5/21 at 1:30 p.m. Debtor is required to file and serve a notice of continued hearing.
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Richard W Brunette
Movant(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Michael S Kogan Richard W Brunette Richard W Brunette
1:30 PM
Docket 1
Final Ruling for May 26, 2021: The Court has reviewed the Debtor's status report. Accordingly, the Court sets the bar date for filing proofs of claim as July 31, 2021. Debtor is required to file and serve a notice of claims bar date no later than June 4, 2021. The status conference is continued to July 28, 2021 at 1:30 p.m. Debtor must file an updated status report no later than July 14, 2021. Appearances are waived.
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan
1:30 PM
RE: [408] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: Brewing Equipment .
FR. 4-26-21, 5-7-21
Docket 408
Final Ruling for May 26, 2021: This matter is continued to June 30, 2021 at 1:30
p.m. unless the parties have resolved their dispute. The parties should contact chambers no later than June 23, 2021 to inform the Court if a settlement has been reached. Appearances are waived.
Ruling for April 26, 2021: Continued to 5/7/21 at 10:00 a.m.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Tank2Tap, LLC Represented By Ryan D Zick
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
RE: [411] Motion to Allow Claim Notice of Motion and Motion for Allowance and Payment of Administrative Claim
FR. 4-26-21, 5-7-21
Docket 411
Final Ruling for May 26, 2021: This matter is continued to June 30, 2021 at 1:30
p.m. unless the parties have resolved their dispute. The parties should contact chambers no later than June 23, 2021 to inform the Court if a settlement has been reached. Appearances are waived.
Ruling for April 26, 2021: Continued to 5/7/21 at 10:00 a.m.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Tank2Tap, LLC Represented By Ryan D Zick
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
2:30 PM
Adv#: 9:20-01041 NAMBA v. Kirby et al
RE: [1] Adversary case 9:20-ap-01041. Complaint by JERRY NAMBA against Jon Kirby, Kathy Crowder. ($350.00 Fee Charge To Estate). Nature of Suit: (14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)) (Beall, William)
FR. 9-30-20, 12-4-20, 3-10-21
Docket 1
Appearances waived.
Ruling for September 30, 2020: Continued to 12/16/20 at 2:30 p.m. Updated joint status report must be filed by 12/2/20.
Debtor(s):
Janel Kirby Pro Se
Defendant(s):
Jon Kirby Represented By
Brian Nomi
Kathy Crowder Represented By Brian Nomi
Plaintiff(s):
JERRY NAMBA Represented By
2:30 PM
Trustee(s):
William C Beall
Jerry Namba (TR) Represented By William C Beall
2:30 PM
Adv#: 9:20-01025 Verdi v. Beckstrand
RE: [1] Adversary case 9:20-ap-01025. Complaint by Cameron N Verdi against Dwight G Beckstrand . false pretenses, false representation, actual fraud)) ,(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury))
FR. 5-7-20, 8-26-20, 11-4-20, 1-20-21, 2-2-21, 3-17-21
Docket 1
Ruling for February 2, 2021
Continued to March 17, 2021 at 2:30 p.m. Plaintiff may use this date and time for a motion for default judgment if the motion is timely filed.
Ruling for November 4, 2020: Continued to 1/20/21 at 2:30 p.m. Plaintiff may use this date and time for a motion for default judgment if the motion is timely filed. If Plaintiff files a motion for default judgment, then a status report is not required.
Tentative Ruling for August 26, 2020: Continued to 11/4/20 at 2:30 p.m. A status report must be filed no later than 10/21/20. Appearances are waived.
Ruling for May 7, 2020: Continued to 8/26/20 at 2:30 p.m.
2:30 PM
Debtor(s):
Dwight G Beckstrand Represented By Sandra McBeth
Defendant(s):
Dwight G Beckstrand Pro Se
Plaintiff(s):
Cameron N Verdi Pro Se
Trustee(s):
Jerry Namba (TR) Pro Se
2:30 PM
Adv#: 9:20-01024 Ramirez et al v. Jafroodi
RE: [1] Adversary case 9:20-ap-01024. Complaint by Carolina Ramirez, Luis Angel Colunga Gocabar, Nelly Gonzales, Margarita Hernandez, Rigoberto Saavedra, Liney Silva against Mahmood Jafroodi. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(65 (Dischargeability - other)) (Guevara Zamora, Cecilia)
FR. 4-29-20, 7-15-20, 9-16-20, 1-20-21, 2-2-21, 3-17-21
Docket 1
The parties are required to file and serve an updated status report no later than 5/12/21.
Ruling for February 2, 2021
Continued to March 17, 2021 at 2:30 p.m. Joint status report is due March 3, 2021.
Ruling for September 16, 2020: Continued to 1/20/21 at 2:30 p.m. Plaintiffs must file and serve a notice of continued status conference.
Ruling for 7/15/20: Continued to 9/16/20 at 2:30 p.m. An updated status report is not required. Plaintiff must file and serve a notice of continued status conference.
2:30 PM
Ruling for 4/29/20:
Status conference continued to July 15, 2020 at 2:30 p.m. Plaintiff to file and serve a notice of continued status conference. The parties must file an updated status report by July 1, 2020. The Defendant's motion to dismiss is also continued to July 15, 2020 at 2:30 p.m. The Defendant shall file and serve a notice of continued hearing. All the response deadlines regarding that motion will be based on the July 15, 2020 hearing date.
Debtor(s):
Mahmood Jafroodi Represented By David Seror
Jessica L Bagdanov Ryan Coy
Defendant(s):
Mahmood Jafroodi Represented By David Seror Ryan Coy
Plaintiff(s):
Carolina Ramirez Represented By
Cecilia Guevara Zamora Ezra Kautz
Luis Angel Colunga Gocabar Represented By
Cecilia Guevara Zamora Ezra Kautz
Nelly Gonzales Represented By
Cecilia Guevara Zamora Ezra Kautz
Margarita Hernandez Represented By
Cecilia Guevara Zamora Ezra Kautz
2:30 PM
Rigoberto Saavedra Represented By
Cecilia Guevara Zamora Ezra Kautz
Liney Silva Represented By
Cecilia Guevara Zamora Ezra Kautz
Trustee(s):
Jerry Namba (TR) Represented By Chad V Haes
D Edward Hays Laila Masud
2:30 PM
Adv#: 9:21-01010 Namba v. Mesker
RE: [1] Adversary case 9:21-ap-01010. Complaint by Jerry Namba against Julie Marie Mesker. ($350.00 Fee Charge To Estate). COMPLAINT TO DETERMINE THE EXTENT OF THE BANKRUPTCY ESTATES INTEREST IN REAL
PROPERTY Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Olmstead, Reed)
Docket 1
- NONE LISTED -
Debtor(s):
Whittaker Bradley Represented By Bryan Diaz
Defendant(s):
Julie Marie Mesker Pro Se
Plaintiff(s):
Jerry Namba Represented By
Reed H Olmstead
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
2:30 PM
Adv#: 9:21-01002 White Winston Select Asset Funds, LLC v. Figueroa Mountain Brewery,
RE: [1] Adversary case 9:21-ap-01002. Complaint by White Winston Select Asset Funds, LLC against Figueroa Mountain Brewery, LLC. LLC for Determination of the Validity, Extent and Priority of Liens and Amount of Claim - Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Karasik, Eve)
FR. 4-7-21
Docket 1
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Defendant(s):
Figueroa Mountain Brewery, LLC Pro Se
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
2:30 PM
Adv#: 9:21-01011 Jordanos, Inc./Pacific Beverage Company v. White Winston Select Asset
RE: [1] Adversary case 9:21-ap-01011. Complaint by Jordanos, Inc./Pacific Beverage Company against White Winston Select Asset Funds, LLC. Felicita)
Docket 1
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Defendant(s):
White Winston Select Asset Funds, Pro Se
Plaintiff(s):
Jordanos, Inc./Pacific Beverage Represented By Felicita A Torres
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
2:30 PM
Adv#: 9:21-01003 White Winston Select Asset Funds, LLC v. Dietenhofer
RE: [18] Motion to Dismiss Adversary Proceeding Notice and Motion to Dismiss Complaint Under FRCP 12(B)(6); Memorandum of Points and Authorities, with Proof of Service
Docket 18
- NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Defendant(s):
Jaime Gray Dietenhofer Represented By
D Edward Hays Tinho Mang
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Juliet Y Oh
Beth Ann R Young Eve H Karasik
Trustee(s):
Susan K Seflin (TR) Pro Se
2:30 PM
Adv#: 9:21-01003 White Winston Select Asset Funds, LLC v. Dietenhofer
RE: [1] Adversary case 9:21-ap-01003. Complaint by White Winston Select Asset Funds, LLC against Jaime Gray Dietenhofer. (4) and (6) (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Young, Beth Ann)
FR. 3-8-21
Docket 1
- NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Defendant(s):
Jaime Gray Dietenhofer Pro Se
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Juliet Y Oh
Beth Ann R Young Eve H Karasik
Trustee(s):
Susan K Seflin (TR) Pro Se
2:30 PM
Adv#: 9:21-01004 White Winston Select Asset Funds, LLC v. Dietenhofer
RE: [1] Adversary case 9:21-ap-01004. Complaint by White Winston Select Asset Funds, LLC against Jaime Gray Dietenhofer. LLC for Determination of the Validity, Extent and Priority of Liens and Amount of Claim - Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Karasik, Eve)
FR. 4-7-21
Docket 1
- NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Defendant(s):
Jaime Gray Dietenhofer Pro Se
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik
Trustee(s):
Susan K Seflin (TR) Pro Se
1:30 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
1:30 PM
FINAL APPROVAL HEARING RE: [6] Emergency motion , Motion for Authority to Obtain Credit Under Section 364(b), Rule 4001(c) or (d) Emergency Motion for Interim and Final Orders: (I) Authorizing Debtor to Obtain Postpetition Financing; (II) Granting Liens and Superpriority Claims; (III) Granting Adequate Protection to Prepetition Secured Creditors; (IV) Modifying the Automatic Stay; and (V) Granting Related Relief
FR. 4-26-21, 5-25-21
Docket 6
Ruling for May 25, 2021
Continued to 1:30 p.m. on May 27, 2021
Ruling for April 26, 2021:
Denied on an interim / emergency basis. Final approval hearing to be held on May 19, 2021 at 10:00 a.m.
Debtor's revised motion, supplemental evidence and notice of hearing to be filed by May 7, 2021.
Opposition to be filed by May 14, 2021 Reply papers to be filed by May 18, 2021.
Debtor(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
Movant(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
2:30 PM
Adv#: 1:21-01008 Seror, Chapter 7 Trustee v. Rubanenko et al
fr. 3/26/21
Docket 1
- NONE LISTED -
Debtor(s):
Heaven Hospice Inc. Represented By Michael Jay Berger
Defendant(s):
Adam Rubanenko Pro Se
Roy Rubanenko Pro Se
Plaintiff(s):
David Seror, Chapter 7 Trustee Represented By Ryan Coy
Trustee(s):
David Seror (TR) Represented By Jessica L Bagdanov Ryan Coy
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
Docket 95
- NONE LISTED -
Debtor(s):
Queen City Rehabs and Renovations Represented By
Roseann Frazee
10:00 AM
fr. 3/23/21, 4/27/21; 4/28/21
Docket 50
Ruling for April 28, 2021
Continued to 5/28/21 @ 10:00 a.m.
The record on the substantive issues is closed. Movant to file a motion under FRCivP 25(c) to substitute HMC Assets LLC for Triumph Capital by 5/14/21
Ruling for March 23, 2021
Continued to 4/27/21 @ 10:00 a.m.
Movant to serve the lienholders with the motion and to serve debtor and debtor's counsel with notice of cont'd hearing and the deadlines below by 4/16/21.
If Movant wants to rely on the BPO attached as exhibit 4 as evidence of value, Movant must file a broker's declaration by 4/16/21. Any supplemental evidence from the Dtr must be filed by 4/16/21.
Movant and the debtor may respond to any supplemental filings by 4/23/21.
Debtor(s):
Queen City Rehabs and Renovations Represented By
Roseann Frazee
10:00 AM
Docket 1
Ruling for February 3, 2021:
Bar Date is March 31, 2021. Bar Date Notice to be be served by February 17, 2021. The deadline to file a plan and disclosure statement in docket no. 1 is vacated. The new deadline is April 30, 2021. Debtor to lodge a scheduling order. Status conference continued to April 13, 2021 at 1:30 p.m. An updated status report is due by April 6, 2021.
Debtor(s):
Queen City Rehabs and Renovations Represented By
Roseann Frazee
10:00 AM
Docket 93
- NONE LISTED -
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure Anthony N Ranieri
Trustee(s):
Diane C Weil (TR) Represented By David Seror Tamar Terzian
10:00 AM
JP MORGAN CHASE BANK, N.A.
Docket 96
Tentative Ruling for May 28, 2021
Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than June 4, 2021.
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure Anthony N Ranieri
Trustee(s):
Diane C Weil (TR) Represented By David Seror Tamar Terzian
11:00 AM
Docket 81
- NONE LISTED -
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure Anthony N Ranieri
Trustee(s):
Diane C Weil (TR) Represented By David Seror Tamar Terzian
11:00 AM
Docket 270
Final Ruling for May 28, 2021
Approve requested fees and expenses, and authorize proposed payments. No objections filed; appearances waived. The trustee shall lodge a conforming order no later than June 4, 2021.
Debtor(s):
Airlux Aircraft, Inc. Represented By Moises S Bardavid
Trustee(s):
Elissa Miller (TR) Represented By Steven Werth
1:30 PM
services rendered and reimbursement of expenses on behalf of Law Office of Lionel E. Giron for period: 4/23/2020 to 5/7/2021, fee: $14,792.50, expenses: $171.00.
Docket 144
Debtor(s):
Jose Jesus Ortiz Represented By Lionel E Giron
Crystle Jane Lindsey Joanne P. Sanchez
1:30 PM
fr. 1/5/21, 3/23/21, 4/6/21
Docket 60
Ruling for April 6, 2021:
Debtor to file an amended or corrected plan and disclosure statement correcting the issues addressed by the Court at the heairng. The disclosure statement is approved. The Court sets the following confirmation schedule:
4/16/21 – Debtor to serve solicitation packages and written notice of confirmation hearing and ballot & objection deadline on all creditors;
5/14/21 @ 5:00 p.m. – deadline for counsel to receive ballots; objection deadline; 5/21/21 – deadline for Debtor to file confirmation brief and all evidence in support of confirmation; and
5/28/21 @ 1:30 p.m. – confirmation hearing
Ruling for January 5, 2021
Continued to March 23, 2021 at 1:30 p.m. Debtor to file an amended disclosure statement and amended plan addressing the issues identified by the Court on the record by February 9, 2021.
Debtor to correct the service defects and serve notice on all creditors by February 9, 2021.
Debtor(s):
Oscar R. Ortega Represented By Robert M Yaspan
1:30 PM
fr. 1/22/20, 5/13/20, 6/8/20, 7/13/20, 11/20/20, 1/5/21, 3/23/21, 4/6/21
Docket 1
Ruling for April 6, 2021:
Continued to 5/28/21 @ 1:30 p.m
Ruling for January 5, 2021
Continued to March 23, 2021 at 1:30 p.m.
Ruling for July 13, 2020: Continued to 11/20/20 at 1:30 p.m. If Debtor has filed a disclosure statement, then the filing of a status report is waived. If the Debtor does not file a disclosure statement, then the Debtor must file an updated status report.
Ruling for June 8, 2020: Debtor to file a supplemental declaration regarding the budget. Continued to 7/13/20 at 1:30 p.m. New status report is waived for the 7/13/20 hearing.
Ruling for May 13, 2020:
Continued to June 8, 2020 at 1:30 p.m. If the debtor provides evidence of the commercial insurance to the US Trustee, the Court will entertain a brief motion to continue the June status conference to September.
Ruling for January 22, 2020: The Court sets a general claims bar date of 3/31/20. Debtor must serve claims bar date by 1/29/20. No deadline for objections to claims. The deadline to file a plan and disclosure statement is 9/30/20. Status conference is continued to 5/13/20 at 1:30 p.m. Status report update must be filed by 4/29/20.
1:30 PM
Debtor(s):
Oscar R. Ortega Represented By Robert M Yaspan
1:30 PM
Docket 105
Ruling for April 27, 2021: Continued to 5/28/21 at 1:30 p.m. Debtor must file a complete post-confirmation status report by 5/21/21. Debtor should also set the motion to close the case for 5/28/21 at 1:30 p.m.
Debtor(s):
Erum Kolsy Represented By
Lionel E Giron Crystle Jane Lindsey Joanne P. Sanchez
1:30 PM
Docket 1
Ruling for February 16, 2021: Continued to 5/28/21 at 1:30 p.m. The bar date is set for 4/16/21. Debtor must file and serve a bar date notice no later than 2/23/21. The deadline to file a plan and disclosure statement is 5/4/21. If this deadline is met, then no new status report is required. If Debtor is unable to file a timely plan and disclosure statement, then Debtor must file a status report and a motion to continue the plan and disclosure statement deadline. Debtor must lodge a scheduling order.
Debtor(s):
Parmelee Investments LLC Represented By Matthew Abbasi
1:30 PM
Docket 49
Ruling for April 2, 2021:
Tentative adopted. If Debtor needs more time it can file a brief motion to extend the deadlines below.
Liquidation Analysis. The liquidation analysis in section I.C is cursory, incomplete and unacceptable. A liquidation analysis needs to account for all of the debtor's property and estimate the amount that would be yielded for each of those assets if liquidated in a hypothetical chapter 7.
The brief discussion here acknowledges that the Debtor has equity interests in various businesses but makes no attempt to value those interests if they were liquidated by a chapter 7 trustee. In a single sentence, this section mentions a property and something about costs of sale, but to someone other than a bankruptcy lawyer this sentence is unintelligible. Further, no other information is given about the Debtor's other tangible and intangible property interests. This is not an adequate liquidation analysis.
The liquidation analysis should illustrate the "waterfall" of distribution in a
1:30 PM
hypothetical chapter 7 case. This is most effectively done in an exhibit (i.e., a detailed chart), together with detailed explanatory text. No such exhibit was provided, even though it is clearly contemplated by Official Form 425A. Moreover, the text explains very little.
The Debtor must amend the Plan to include a real liquidation analysis. The analysis should, at a minimum, account for all of the Debtor's assets, identify estimated liquidation values and the basis for those values for each asset or category of assets, identify each of the secured creditors and the amounts of their claims, estimate all administrative expenses in a chapter 7 liquidation of the estate, estimate the amount of priority unsecured claims, estimate the amount of unsecured claims, and show the "math."
Class 1 Priority Tax Claim: In Article 2, dealing with "Classification of Claims and Interests," the Plan states that Class 1 priority claims will be paid within 24 months of the effective date under the Plan. In Article 3, dealing with "Treatment of Claims and Interests," the Plan states that Class 1 priority claims will be paid in full on the Effective Date. The Debtor must fix this inconsistency. The Court notes that Article 2 should not contain any treatment information in any event, as that section should only address classification.
Franchise Tax Board, Proof of Claim #1: The FTB filed a proof of claim on December 11, 2020. The claim is listed as secured in the amount of
$32,407.69. Upon the filing of the claim, it was deemed allowed. 11 U.S.C. § 502(a). The Plan, however, fails to address this claim in any way. Was it simply an oversight? Does the Debtor intend to object to the claim and obtain an adjudication prior to confirmation? If not, how does the plan propose to deal with it? These issues must be clarified.
Class 2 Secured Claims. These subsections are ambiguous. Are you purporting to describe the existing terms of these secured claims? Or the modified terms of these claims, following treatment under the plan? This must be clarified.
Class 3. The Debtor contends there are just two allowed claims in Class 3. The Plan should specifically identify the holders of these claims by name and the amounts at which those claims are allowed. The Court notes that the Debtor has
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scheduled a series of disputed claims in very significant amounts. Although claims that are scheduled as disputed in a chapter 11 case are not deemed allowed, see 11
U.S.C. § 1111(a), the Court believes that the additional specificity is warranted—so it is absolutely clear which unsecured creditors the plan is proposing to pay.
Class 3 Impairment? The Plan fails to state whether Class 3 is impaired. It appears from the Plan that the class is impaired and should be designated accordingly.
Voting Classes. Subject to the foregoing, the Plan generally identifies which classes are impaired but fails to identify which classes are entitled to vote.
Executory Contract/Unexpired Lease. The Plan asserts that the Debtor has no executory contracts or unexpired leases. The Debtor, however, identifies a vehicle lease in his Schedule G, the Schedule of Executory Contracts and Unexpired Leases. Why the discrepancy? Either the Plan or Schedule G must be amended.
Effective Date Funding Requirements. The Plan should—but does not—identify the amount of cash necessary to satisfy all claims that will be due on the occurrence of the effective date of the Plan. The Court believes this is an important element of the Plan. In connection with confirmation, and satisfying his burden with respect to feasibility, the Debtor will have to show that the funds are available to satisfy this amount.
Administrative Expense Claims. The text of section 3.01 is nonsensical. It says that there are no unclassified administrative expense claims. In the next section, section 3.02, the Plan states that there are unclassified administrative expense claims, i.e., administrative expenses of the Sub V trustee. Why did the Debtor deviate here from the text of Official Form 425A with respect to section 3.01? What was the Debtor trying to achieve? Section 3.01 is inconsistent with section 3.02 (and common sense) and should be corrected.
Further, Section 3.02 is infirm on its face for multiple reasons. First, it provides no treatment for any administrative expense claim. Treatment must be specified.
Second, it identifies no administrative expense claims other than the Sub V trustee. This is not plausible. What about counsel? Is counsel working for free? What about administrative tax claims and other obligations that arose in the ordinary course of the
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Debtor's affairs during the case? Third, it is inadequate to say the Sub V fees are not known. The Debtor should endeavor to get an estimate from the Sub V trustee and the Sub V trustee should accommodate such a request.
180 Day Income and Expense Projections. These projections are potentially confusing to creditors because they do not clearly reflect all payments that will be due under the plan and do not clearly show whether the Debtor is able to meet those obligations. There are references to payments on a first, second and third deed of trust. To which classes under the Plan do these payments correspond? Where are the payments on administrative expenses and priority tax claims? Where are the payments to the holders of unsecured claims? Presumably some of these payments will be on the effective date of the plan and some over time—that needs to be shown.
Provisions on Default. Article 10 of the Plan states that if the Debtor does not make all required plan payment, the plan's default provisions will control. Those provisions, at least as described in section 10.01, are incomplete. They propose a process for noticing a default but say nothing of the consequences of a failure to cure. What is the point of having default procedures if they don't say what happens?
Debtor(s):
Brian Anthony Veskosky Represented By Michael R Totaro
Trustee(s):
Susan K Seflin (TR) Pro Se
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fr. 1/19/21, 2/3/21, 3/23/21; 4/2/21; 5/11/21
Docket 1
Ruling for April 2, 2021:
Continued to May 11, 2021 at 1:30 p.m.
Ruling for February 3, 2021:
Debtor to file the projections omitted from the status report by February 5, 2021. Status conference is continued to March 23, 2021 at 1:30 p.m.
Debtor(s):
Brian Anthony Veskosky Represented By Michael R Totaro
Trustee(s):
Susan K Seflin (TR) Pro Se
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fr. 12/11/19; 1/22/20 (stip), 2/19/20; 5/13/20 (stip) advanced fr. 6/10/20, 6/8/20, 9/2/20; 9/14/20(stip),
10/1/20; 11/6/20; 11/9/20. 12/8/20, 2/16/21, 2/17/21; 3/26/21
Docket 59
Ruling for March 26, 2021:
Continued to May 28, 2021 at 1:30 p.m.
Ruling for February 17, 2021
Continued to March 26, 2021 @ 10:00 a.m.
Ruling for December 8, 2020
Continued to February 16, 2021 @ 1:30 p.m. If Movants choose withdraw this Motion and file a new Motion with new grounds for relief, those papers must be filed by January 26, 2021. Debtors' response will be due February 2, 2021 and any supplemental reply will be due February 9, 2021.
Ruling for November 9, 2020
Continued to December 8, 2020 @ 1:30 p.m.
Ruling for October 1, 2020:
Continued to November 6, 2020 at 10:00 a.m.
Ruling for June 8, 2020: Continued to 9/2/20 at 1:30 p.m. 8/19/20 is deadline for
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Movant to file supplement. 8/26/20 is the deadline for the Debtor to respond. The parties are ordered to meet and confer on a discovery schedule within the next 10 days.
Ruling for 2/19/20:
Continued to May 13, 2020 at 1:30 p.m.
Ruling for December 11, 2019
Continued to 1/22/20 at 1:30 p.m.
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
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fr. 11/13/19 (stip) ; 12/11/19 (stip); 1/22/20 (stip); 4/1/20(stip); 5/13/20 (stip)
advanced fr. 6/10/20, 6/8/20, 9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20, 12/8/20, 2/16/21, 2/17/21; 3/26/21
Docket 41
Ruling for March 26, 2021:
Continued to May 28, 2021 at 1:30 p.m.
Ruling for February 17, 2021
Continued to March 26, 2021 @ 10:00 a.m.
Ruling for December 8, 2020
Continued to February 16, 2021 @ 1:30 p.m. to trail the amended disclosure statement.
Ruling for November 9, 2020
Continued to December 8, 2020 @ 1:30 p.m.
Ruling for October 1, 2020:
Continued to November 6, 2020 at 10:00 a.m.
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Ruling for June 8, 2020: Continued to 9/2/20 at 1:30 p.m. However, no new briefing is ordered. This will be a status conference on the motion.
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
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Docket 328
Ruling for March 26, 2021:
The Court conditionally approves the disclosure statement subject to the following: Debtors to correct the errors noted by the Court, update the administrative priority claims, the current amount of the Judgment Creditors' claims (the Judgment Creditors are require to send counsel for the Debtors updated calculations within seven days), the reference to the Judgment Creditors' remedies on default should clarify that notices required under state law are "if any," and the amount of the new value contribution (including redlines) by April 16, 2021. The Debtors' lodged disclosure statement should allow creditors four weeks after solicitation packages are served to submit their ballots. Deadlines for objections and confirmation briefs will be set at the
Confirmation is deemed to be a contested manner under FRBP 9014. Counsel to confer on a discovery plan in the next seven days. Discovery to be completed by May 28, 2021. Continued to May 28, 2021 at 1:30 p.m. as a pre-trial conference re: confirmation. The Court will issue an order re: what the parties are required to file as a joint pre-trial stipulation.
Ruling for February 17, 2021
Continued to March 26, 2021 @ 10:00 a.m. Debtors to file their amended disclosure statement and plan by March 19, 2021. Objections may be presented orally at the hearing.
Debtor(s):
Pierrick Brillouet Represented By
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Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Gregory Kent Jones (TR) Pro Se
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fr. 9/10/19, 12/11/19, 1/22/20, 3/19/20, 5/13/20, 6/8/20,
9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20. 12/8/20,
2/16/21, 2/17/21; 3/26/21
Docket 1
Ruling for March 26, 2021:
Continued to May 28, 2021 at 1:30 p.m.
Ruling for February 17, 2021
Continued to March 26, 2021 @ 10:00 a.m.
Ruling for December 8, 2020
The Rule 2015.3 reports which were due in September 2020 must be filed by December 22, 2020.
Debtors amended disclosure statement and amended plan, including redlines, to be filed by January 26, 2021. Objections to the amended disclosure statement to be filed by February 2, 2021. Debtors reply to any such objections to be filed by February 9, 2020. A hearing on the forthcoming amended disclosure statement will be held February 16, 2021 @ 1:30 p.m.
The status conference is continued to February 16, 2021 @ 1:30 p.m.
Ruling for November 9, 2020
Continued to December 8, 2020 @ 1:30 p.m.
Ruling for October 1, 2020:
Continued to November 6, 2020 at 10:00 a.m.
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Ruling for June 8, 2020: Plan confirmation hearing set for 9/2/20 at 1:30 p.m. Deadline for objections to plan confirmation is 8/19/20. Deadline for the Debtor to file a brief in support of confirmation and response to objections is 8/26/20. No new status report needed.
Ruling for May 13, 2020:
Continued to June 8, 2020 at 1:30 p.m. Debtor to file and serve a notice of continuance.
May 13, 2020
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through June 30, 2020 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
Ruling for December 11, 2019
Continued to 1/22/20 at 1:30 p.m.
Ruling for September 10, 2019
The application to employ the Orantes Law Firm is set for hearing on October 7, 2019 at 1:30 p.m. The Orantes Law Firm shall files its supplemental brief by September 23, 2019 on the issues identified by the Court during the status conference. Any opposition shall be filed by September 30, 2019.
The bar date is set for November 1, 2019. Notice of the bar date to be filed and served by September 17, 2019.
Continued to December 11, 2019 at 1:30 p.m. Dtr to file and serve a notice of continued status conference. Dtr to file an updated status report by November 27, 2019.
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Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes
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# 3 Exhibit Exhibits :F- H; # 4 Exhibit Exhibits I - K; # 5 Exhibit Exhibits L - M; # 6 Exhibit Exhibits
fr. 4/6/21, 5/11/21, 5/18/21
Docket 210
Tentative Ruling for May 28, 2021
The Court has reviewed the Debtor’s Second Amended Disclosure Statement ("SADS," case dkt. 210) and the exhibits thereto. The hearing is continued to June 15, 2021 at 2:30 p.m. The Debtor shall be prepared to address the following:
Issues regarding Title to the Catalina Property and the Kingswell Property Debtor states she "holds title with her non-filing deceased spouse (passed away in January 2020) (67%) and with her son, Vartan Akopyan (33%)" to the Catalina Property and the Kingswell Property. SADS at 10:26-11-5. As a threshold matter, Debtor needs to disclose the name of her deceased spouse. Debtor also needs to disclose in the body of the disclosure statement the date on which her son, Vartan Akopyan ("Vartan") became a co-owner of each property and whether title is held as joint tenants or tenants in common. Exhibit M to the SADS is an appraisal of the Catalina Property which includes within the written appraisal a recorded Judgment After Trial entered on October 9, 2018 (the "Catalina Judgment") by the LASC in an action styled as Deutsche Bank National Trust, etc. v. Anait Akopyan and Sogomon Akopyan, husband and wife; Vardan Akopyan, et al., case number BC648828 (the "LASC Deutsche Bank Action"). Case Dkt. 210-4 at 68-73. The Catalina Judgment states, in pertinent part:
6. Defendants Anait Akopyan, Sogomon Akopyan and Vartan Akopyan hold fee simple title to the Real Property as Joint Tenants, under a Grant Deed recorded November 15, 2011.
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Id. at 72. These details regarding when Vartan was added to the title to the Catalina Property need to be disclosed in the body of the disclosure statement.
The date on which Vartan became a co-owner of the Kingswell Property and any prior adjudications regarding Debtor’s ownership of the Kingswell Property need to be disclosed in the body of the disclosure statement.
The SADS only discloses four liens encumbering the Kingswell Property but the documents attached collectively as Exhibit K disclose nine liens:
Liens Encumbering the Kingswell Property per SADS at 13 | Liens Encumbering the Kingswell Property per Exhibit K to the SADS | ||||
PRIORITY | RECORDATION DATE | LIENHOLDER & AMOUNT | PRIORITY | RECORDATION DATE | LIENHOLDER & AMOUNT |
1st | DOT | Mr Cooper $1,145,162 | 1st | 8/31/2006 DOT POC#3 at 25. | Mr Cooper / Nationstar $1,145,162 |
2d | DOT | Real Time Resolutions $456,165.68 | 2d | 8/31/2006 @ 8:00 a.m. DOT (expressly subordinated ) POC#7 | Real Time Resolutions $456,165.68 |
3d | 6/25/2010 judgment lien SADS, Exh. K, case dkt. 210-3 at 16-18. | JPMorgan Chase $887,969 | |||
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3d | "lien" | Apex Equity Holdings $15,000 | 4th | 3/1/11 DOT SADS, Exh. K, case dkt. 210-3 at 53-57. | Apex Equity Holdings $15,000 |
5th | 3/1/12 judgment lien SADS, Exh. K, case dkt. 210-3 at 20-29. | Pondella $102,745.72 | |||
6th | 12/20/12 Judgment lien SADS, Exh. K, case dkt. 210-3 at 31-34. | AmEx $47,591.64 | |||
7th | 12/26/12 Judgment lien SADS, Exh. K, case dkt. 210-3 at 36-39. | Citibank $4,067.66 | |||
8th | 5/19/14 judgment lien SADS, Exh. K, case dkt. 210-3 at 41-44. | Olympia Financial $38,803.90 POC#4 |
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4th | tax lien | FTB $19,925.65 | 9th | 4/10/17 FTB tax lien re: Karapet Emboyan SADS, Exh. K, case dkt. 210-3 at 59-60 | FTB $19,925.65 |
The body of the disclosure statement needs to disclose all of the liens encumbering the Kingswell Property. The plan needs to provide a separate class for each lien encumbering the Kingswell Property.
The 6/25/10 abstract of judgment in favor of JPMorgan Chase recorded in Los Angeles County created a judgment lien that attached to all of the Debtor’s real property interests located in Los Angeles County. See Cal. Civ. Proc. § 697.340(a) ("A judgment lien on real property attaches to all interests in real property in the county where the lien is created (whether present or future, vested or contingent, legal or equitable) . . . "). Upon recordation, JPMorgan Chase’s judgment lien attached to both the Catalina Property and the Kingswell Property. The SADS only lists this as a judgment lien against the Catalina Property and does not explain or address why the judgment lien is not also attached to the Kingswell Property.
The Second Amended Plan ("SAP") does not include a separate class for the JPMorgan Chase judgment lien encumbering the Kingswell Property.
The SADS states that Vartan is "not a co-obligor on the judgment liens" other than the Pondella judgment lien, and therefore the judgment liens only attach to the Debtor’s 67% interest. SADS at 16:10-18. The 6/25/10 JPMorgan Chase judgment lien predates the addition of Vartan to the title of the Catalina Property on 11/15/11. Depending upon when Vartan was added to the title of the Kingswell Property, this judgment lien may also predate Vartan’s interest in Kingswell. It appears that only the Debtor was on title to the Catalina Property on 6/25/10. Therefore, the judgment lien attached to the Debtor’s
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100% interest in the Catalina Property. Cal. Civ. Proc. § 697.340(a). The
joint tenancy interests conveyed by the Debtor to Sogomon and Vartan in 2011 were encumbered by the senior JPMorgan Chase judgment lien. Cal. Civ.
Proc. § 697.390(a). The SADS, however, suggests that Vartan’s 33% interest in the Catalina Property is not encumbered by the JPMorgan Chase judgment lien merely because he was not a defendant to the action in which judgment was entered against the Debtor. SADS at 11:17-18, 16:10-18, 31:26-32:12.
This is contrary to the express language of Cal. Civ. Proc. § 697.390(a) ("If an interest in real property that is subject to a judgment lien is transferred or encumbered without satisfying or extinguishing the judgment lien: (a) The interest transferred or encumbered remains subject to a judgment lien created pursuant to Section 697.310 in the same amount as if the interest had not been transferred or encumbered").
The SAP states the Class 1(C) judgment lien of JPMorgan Chase will be stripped of the Catalina Property upon completion of payments under the SAP. SAP at 11. As previously discussed at prior disclosure statement hearings, a plan which purports to strip a lien off of property which is not property of the estate (e.g., Vartan’s 33% interest in the Catalina Property) is patently unconfirmable.
The 3/1/12 abstract of judgment recorded in Los Angeles County created a judgment lien that attached to all of the Debtor’s real property interests located in Los Angeles County. See Cal. Civ. Proc. § 697.340(a) ("A judgment lien on real property attaches to all interests in real property in the county where the lien is created (whether present or future, vested or contingent, legal or equitable) . . . "). Upon recordation, Pondella’s judgment lien attached to both the Catalina Property and the Kingswell Property. The SADS only lists this as a judgment lien against the Catalina Property and does not explain or address why the judgment lien is not also attached to the Kingswell Property.
The SAP does not include a separate class for the Pondella judgment lien encumbering the Kingswell Property.
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The SAP states the following regarding the Class 1(D) judgment lien of Pondella:
"Upon completion of the payments under the Second Amended Plan, a certified copy of the Final Decree may be recorded . . . and Dan Pondella’s judgment lien shall be null and void and such lien shall not act as an encumbrance on the Property"
SAP at 12:7-12. The SADS discloses that Vartan, a co-judgment debtor, caused Pondella to record a satisfaction of judgment as to Vartan’s 33% interest in the Catalina Property, thereby permitting the Debtor to strip the Pondella judgment lien on her interest in the Catalina Property. The language in the SAP needs to state " . . . such lien shall not act as an encumbrance on the Debtor’s 67% interest in the Property" to clarify that confirmation of a plan does not strip any liens off of Vartan’s 33% interest.
Additionally, what does "upon completion of the payments under the Second Amended Plan" mean? The SAP does not provide for any payments to Pondella. The SAP is a 60-month plan. Does this mean after the Debtor completes 60 months of payments to Secured Class 1(A) (Deutsche Bank), Secured Class 1(B) (Real Time Resolutions) and Secured Class 1(I) (Deutsche Bank)?
The SAP states the following regarding the Class 1(H) deed of trust of Jesus Landeros:
"Upon completion of the payments under the Second Amended Plan, a certified copy of the Final Decree may be recorded . . . and Jesus Landeros’ lien shall be null and void and such lien shall not act as an encumbrance on the Property"
SAP at 14:27-15:5. The language in the SAP needs to state " . . . such lien shall not
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act as an encumbrance on the Debtor’s 67% interest in the Property" to clarify that confirmation of a plan does not strip any liens off of Vartan’s 33% interest.
Additionally, what does "upon completion of the payments under the Second Amended Plan" mean? The SAP does not provide for any payments to Landeros. The SAP is a 60-month plan. Does this mean after the Debtor completes 60 months of payments to Secured Class 1(A) (Deutsche Bank), Secured Class 1(B) (Real Time Resolutions) and Secured Class 1(I) (Deutsche Bank)?
The SADS asserts the Apex Equity Holdings DOT (the "Apex DOT") is "Disputed by Debtor." SADS at 15:22. What does this language mean? The Debtor did not list this debt as disputed on Schedule D. Case Dkt. 15 at 15.
The SADS asserts the Apex DOT recorded on 3/1/11 encumbers only the Debtor’s 67% interest in the Kingswell Property. SADS at 15:23. The Debtor offers no explanation or analysis for why the Apex DOT does not encumber the entire fee. As noted above, the SADS fails to disclose when the Debtor conveyed a 33% joint tenancy interest in the Kingswell Property to Vartan. Unless Vartan was a joint tenant on 3/1/11 when the Apex DOT was recorded, the Apex DOT encumbers the entire fee, not just the Debtor’s 67% interest. The Court notes that in a related adversary proceeding, 1:19-ap-01099-MB, plaintiff Novastar LLC alleged that Vartan became a joint tenant on the title to the Kingswell Property in October 2011. If Vartan was not added to the title until October 2011, the SADS cannot state (without any explanation) that the Apex DOT only encumbers the Debtor’s 67% interest.
The SAP states the Class 1(K) Apex DOT will be stripped off the Kingswell Property upon completion of payments under the SAP. SAP at 17-18. If the Apex DOT attached to the Kingswell Property before Vartan was added to the title, the Apex DOT encumbers Vartan’s 33% interest and the SAP purports to strip the DOT off of Vartan’s interest. As previously discussed at prior disclosure statement hearings, a plan which purports to strip a lien off of property which is not property of the estate is patently unconfirmable.
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As noted above, the SADS fails to list the 12/20/12 judgment lien of American Express (the "AmEx Lien"), the 12/26/12 judgment lien of Citibank (the "Citibank Lien") or the 5/19/14 judgment lien of Olympia Financial (the "Olympia Lien") as liens encumbering the Kingswell Property. These abstracts of judgment recorded in Los Angeles County created judgment liens that attached to all of the Debtor’s real property interests located in Los Angeles County. See Cal. Civ. Proc. § 697.340(a) ("A judgment lien on real property attaches to all interests in real property in the county where the lien is created (whether present or future, vested or contingent, legal or equitable) . . . "). Upon recordation, the AmEx Lien, the Citibank Lien and the Olympia Lien attached to both the Catalina Property and the Kingswell Property.
The SAP needs to include separate classes for the AmEx Lien, the Citibank Lien and the Olympia Lien on the Kingswell Property.
The SAP provides treatment for the AmEx Lien, the Citibank Lien and the Olympia Lien encumbering the Catalina Property in Classes 1(E), 1(F) and 1(G) and in each instance the judgment lien is stripped off:
Upon completion of the payments under the Second Amended Plan, a certified copy of the Final Decree may be recorded by the Debtor and [AmEx / Citibank /
Olympia’s] judgment lien shall be null and void and such lien shall no longer act as an encumbrance on the Property at the time of recordation.
SAP at 12-14. What does "upon completion of the payments under the Second Amended Plan" mean? The SAP does not provide for any payments to AmEx or Citibank or Olympia. The SAP is a 60-month plan. Does this mean after the Debtor completes 60 months of payments to Secured Class 1(A) (Deutsche Bank), Secured Class 1(B) (Real Time Resolutions) and Secured Class 1(I) (Deutsche Bank)?
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The SADS states the Kingswell Property is encumbered by a tax lien in favor of the FTB "against another individual by name Karapet Emboyan." SADS at 15. The recorded tax lien states that it "attaches to all property and rights to such property now owned or later acquired by the taxpayer" and identifies the taxpayer as Karapet Emboyan. Exh. K to the SADS, dkt. 210-3 at 60. The SADS fails to explain who Karapet Emboyan is or why the Debtor believes FTB tax lien attached to the SADS encumbers the Kingswell Property. The Novastar settlement agreement attached to the SADS at exhibit F suggests Emboyan was on title to the Kingswell Property at some point in time. The SADS needs to disclose enough facts to explain why the Debtor’s plan includes provisions to strip off a tax lien that only attaches to property of Emboyan, who is not a debtor.
The SAP proposes to strip 13 – 14 liens off of the two properties at confirmation pursuant to § 506 of the Bankruptcy Code based on the Debtor’s assertion there is insufficient equity in each property for the liens to be fully secured. At confirmation the Debtor will have to present admissible evidence of the value of each property at confirmation. The appraisals attached to the SADS at exhibits L and M value the properties as of July 2020 and therefore are stale. The SADS currently states:
The Catalina Rental has a scheduled value of approximately $2,200,000 as of the plan confirmation date.
SADS at 11:5-6.
The Kingswell Rental has a scheduled value of
$1,100,000 as of the plan confirmation date.
SADS at 13:4-5.
The SADS needs to clarify that these valuations are as of 7/22/20 and 7/25/20, respectively, and are not valuations "as of confirmation."
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WHO MAY VOTE OR OBJECT
* * *
ii. Who May Vote to Accept or Reject the Second Amended Plan
A creditor or interest holder has a right to vote for or against the Second Amended Plan if that creditor or interest holder has a claim which is both (1) allowed or allowed for voting purposes and (2) classified as an impaired class.
SADS at 43:17-20.
The SADS also incorrectly identifies the classes entitled to vote on the SAP:
. . . holders of Class 1(A), Class 1(B), Class 1(C), Class 1(D), 1(E), 1(F), 1(G), 1(H), 1(I), 1(J), 1(K), 1(L) and
Class 2 are impaired that the holders of claims in these class [sic] are entitled to vote to accept or reject the Second Amended Plan.
SADS at 44:21-23.
The SAP provides that the only classes receiving anything under the SAP are: Secured Class 1(A) (Deutsche Bank / Mr. Cooper re Catalina Property), Secured Class 1(B) (Real Time Resolutions re Catalina Property); and Secured Class 1(I) (Deutsche Bank / Mr. Cooper re Kingswell Property).
None of the other classes receive payments or any other distributions under the SAP. Because Classes 1(C), 1(D), 1(E), 1(F), 1(G), 1(H), 1(K), 1(L) and 2 do not receive anything under the Plan, they are deemed not to have accepted the Plan by operation of Bankruptcy Code § 1126(g). Because they are deemed not to have accepted the SAP by operation of law, they are not entitled to vote. In re Maremont Corp., 601
B.R. 1, 86 (Bankr. D. Del. 2019) ("Claims in Class 6 . . . and Interests in Class 7 are Impaired and Holders of such Claims and Interests are deemed to have rejected the Plan pursuant to section 1126(g) of the Bankruptcy Code and are not entitled to vote to accept or reject the Plan").
The SADS needs to identify only Classes 1(A), 1(B) and 1(I) as the classes entitled to vote and needs to state that Classes 1(C), 1(D), 1(E), 1(F), 1(G), 1(H), 1(K), 1(L) and
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2 are deemed to reject the SAP.
As a threshold matter, the disclosure statement does not need to include legal arguments or cite legal authorities. However, if the Debtor chooses to include such legal authorities, the description must accurately represent the issues addressed by those authorities. The SADS asserts that Todeschi v. Juarez (In re Juarez), 603 B.R. 610 (B.A.P. 9th Cir. 2019) addresses "whether the ‘absolute priority rule’ permits an individual debtor in a chapter 11 case to retain exempt property without making a commensurate ‘new value’ contribution." SADS at 47:18-21. In Juarez, the debtor made a new value contribution of $15,000; Juarez , therefore, is not a case addressing whether an individual debtor can violate the absolute priority rule without making a new value contribution. It is also far from clear that Juarez is applicable to the Debtor’s SAP. Under the SAP, unlike the debtor in Juarez, the Debtor does not make a new value contribution. In Juarez, the debtor made payments to a class of general unsecured creditors over five years. Under the SAP, the Debtor makes no payments to Class 2 (General Unsecured Creditors). Additionally, under the SAP the Debtor retains her 67% ownership in the Catalina Property and the Kingswell Property, neither of which are exempt properties. Under the SAP the Debtor retains her rights to the rental income generated by the properties ($19,089 / month combined gross rent, which totals $1,145,340 over the 5-year term of the SAP). Debtor did not claim an exemption in any of the income to be generated by the properties (which is property of the estate pursuant to § 541(a)(6) (". . . rents . . . from property of the estate . . . ")) and only claimed an exemption of $10,000 in Kingswell Section 8 rent which accrued prepetition. Schedule C, case dkt. 15 at 13. Because the Debtor would retain prepetition nonexempt, property of the estate, to the extent Juarez addresses (at least in part) the ability of a chapter 11 debtor to retain exempt property, Juarez may not be as applicable to the Debtor’s SAP as the SADS suggests.
The SADS asserts "Debtor has no unexempt equity in her Rental Properties" and "Debtor does not have any unexempt assets" SADS at 48:7-9. As noted above, the Debtor has not asserted any exemption in either the Catalina Property or the Kingswell Property or their rents. These statements need to be
1:30 PM
deleted.
The SAP provides that after property of the estate revests in the Debtor, "[t]he automatic stay will be re-imposed upon the re-vested property." SAP at
24:27-25:1. At confirmation the Debtor will need to address the appropriateness of the stay continuing post confirmation despite § 362(c)(1) of the Bankruptcy Code, which provides for its termination, and also address when the stay will be lifted.
Ruling for May 18, 2021:
Continued to 5/28/21 at 1:30 p.m.
Ruling for May 11, 2021:
Continued to 5/18/21 at 10:00 a.m.
Ruling for April 6, 2021:
Continued to 5/5/21 @ 1:30. By 4/27/21, Dtr to file a 2d amended disclosure statement and plan, with blacklines, and notice of the continued hearing to all creditors. Objections due by 5/4/21.
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
1:30 PM
fr. 6/25/19; 9/25/19, 12/11/19, 3/17/20, 5/26/20, 8/12/20; 8/17/20, 9/14/20. 11/10/20, 1/19/21, 2/3/21,
3/23/21, 4/6/21, 5/11/21, 5/18/21
Docket 1
Ruling for May 28, 2021
The status conference is continued to June 15, 2021 at 2:30 p.m. No new status report is required.
Ruling for May 18, 2021:
Continued to 5/28/21 at 1:30 p.m.
Ruling for May 11, 2021:
Continued to 5/18/21 @ 10:00 a.m. No new status report is required.
Ruling for April 6, 2021:
Continued to 5/11/21 @ 1:30. No new status report is required.
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m. Amended Plan and Disclosure Statement to be filed by March 2, 2021. Objections due by March 16, 2021. Provided the amended Plan and Disclosure Statement are filed, no new status report is required.
Ruling for 9/14/20: Continued to 11/10/20 at 1:30 p.m. Debtor should file and serve notice of continuance. No updated status report needed.
1:30 PM
Ruling for May 26, 2020: Continued to 8/12/20 at1:30 p.m. Debtor to file and serve notice of continued status conference. No new status report needed.
Ruling for March 17, 2020
Appearances waived. Continued to May 26, 2020 at 1:30 p.m.
Tentative Ruling for September 25, 2019: Continued to December 11, 2019 at 1:30
p.m. Debtor shall file an updated status report two weeks prior to the continued status conference. Appearances waived.
Ruling for 6/25/19: Bar date is 8/30/19. Debtor to lodge bar date order which requires the bar date notice to be in the mail by 7/2/19. Deadline for plan and disclosure statement filing is 1/31/20. Continued to 9/25/19 at 1:30 p.m. Debtor must file an updated status report by 9/11/19.
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
11:00 AM
RE: [397] Notice of Motion and Motion to Restrict White Winston From Credit Bidding Pursuant To § 363(k) at Proposed Sale of Debtors Assets and Request to Exceed Page Limit; Memorandum of Points and Authorities; and Proof of Service
FR. 4-19-21, 5-12-21
Docket 397
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
10:00 AM
liens and interests, subject to overbid, and to hold homestead exemption funds in estate pending reinvestment pursuant to CCP §704.720(b)
advanced fr. 11:00 a.m.
Docket 496
Debtor(s):
Mohammad Sadegh Namazikhah Represented By
Raymond H. Aver
Trustee(s):
David Seror (TR) Represented By Nancy H Zamora
11:00 AM
liens and interests, subject to overbid, and to hold homestead exemption funds in estate pending reinvestment pursuant to CCP §704.720(b)
Docket 496
Debtor(s):
Mohammad Sadegh Namazikhah Represented By
Raymond H. Aver
Trustee(s):
David Seror (TR) Represented By Nancy H Zamora
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
RE: [397] Notice of Motion and Motion to Restrict White Winston From Credit Bidding Pursuant To § 363(k) at Proposed Sale of Debtors Assets and Request to Exceed Page Limit; Memorandum of Points and Authorities; and Proof of Service
FR. 4-19-21, 5-12-21, 6-1-21
Docket 397
Ruling for April 19, 2021: Continued to 5/12/21 at 10:00 a.m. for cross examination of the declarants.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
Adv#: 9:21-01002 White Winston Select Asset Funds, LLC v. Figueroa Mountain Brewery,
RE: [17] Motion to Dismiss Adversary Proceeding / Notice Of Motion And Motion To Dismiss Counterclaim Of Figueroa Mountain Brewing, LLC Against White Winston Select Asset Funds, LLC; Memorandum Of Points And Authorities In Support Thereof (COMMENT/NOTE: Hearing to be held on June 2, 2021, at 10:00 a.m. The filer is instructed to file and serve notice of hearing on the motion to dismiss.) Modified on 5/3/2021 (Rust, Kam).
Docket 17
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Defendant(s):
Figueroa Mountain Brewery, LLC Represented By
Matthew A Lesnick
Movant(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Beth Ann R Young
White Winston Select Asset Funds, Represented By
Juliet Y Oh
Plaintiff(s):
White Winston Select Asset Funds, Represented By
10:00 AM
Eve H Karasik Beth Ann R Young
10:00 AM
Adv#: 9:21-01002 White Winston Select Asset Funds, LLC v. Figueroa Mountain Brewery,
RE: [1] Adversary case 9:21-ap-01002. Complaint by White Winston Select Asset Funds, LLC against Figueroa Mountain Brewery, LLC. LLC for Determination of the Validity, Extent and Priority of Liens and Amount of Claim - Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Karasik, Eve)
FR. 4-7-21, 5-26-21
Docket 1
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Defendant(s):
Figueroa Mountain Brewery, LLC Represented By
Matthew A Lesnick
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Beth Ann R Young
10:00 AM
Adv#: 9:21-01003 White Winston Select Asset Funds, LLC v. Dietenhofer
RE: [18] Motion to Dismiss Adversary Proceeding Notice and Motion to Dismiss Complaint Under FRCP 12(B)(6); Memorandum of Points and Authorities, with Proof of Service
FR. 5-26-21
Docket 18
- NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Defendant(s):
Jaime Gray Dietenhofer Represented By
D Edward Hays Tinho Mang Chad V Haes
Movant(s):
Jaime Gray Dietenhofer Represented By
D Edward Hays Tinho Mang Chad V Haes
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Juliet Y Oh
Beth Ann R Young
10:00 AM
Trustee(s):
Eve H Karasik
Susan K Seflin (TR) Pro Se
10:00 AM
Adv#: 9:21-01003 White Winston Select Asset Funds, LLC v. Dietenhofer
RE: [1] Adversary case 9:21-ap-01003. Complaint by White Winston Select Asset Funds, LLC against Jaime Gray Dietenhofer. (4) and (6) (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Young, Beth Ann)
FR. 3-8-21, 5-26-21
Docket 1
- NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Defendant(s):
Jaime Gray Dietenhofer Represented By
D Edward Hays Tinho Mang Chad V Haes
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Juliet Y Oh
Beth Ann R Young Eve H Karasik
10:00 AM
Trustee(s):
Susan K Seflin (TR) Pro Se
10:00 AM
Adv#: 9:21-01004 White Winston Select Asset Funds, LLC v. Dietenhofer
RE: [1] Adversary case 9:21-ap-01004. Complaint by White Winston Select Asset Funds, LLC against Jaime Gray Dietenhofer. LLC for Determination of the Validity, Extent and Priority of Liens and Amount of Claim - Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Karasik, Eve)
FR. 4-7-21, 5-26-21
Docket 1
- NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Defendant(s):
Jaime Gray Dietenhofer Represented By
D Edward Hays Chad V Haes
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik
Trustee(s):
Susan K Seflin (TR) Pro Se
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
10:00 AM
fr. 5/6/21
Docket 17
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
10:00 AM
pre-petition wages and salaries and honor employee benefits programs
Docket 17
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
Docket 1
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
Adv#: 1:20-01073 Seror, Chapter 7 Trustee v. Wallace
objecting to entry of discharge pursuant to 11 U.S.C. §§ 727(a) and (c) and objection / revocation of discharge - 727(c),(d),(e)
fr. 9/24/20; 1/21/21, 2/18/21
Docket 1
Debtor(s):
Joe Wallace Represented By
Alfred J Verdi
Defendant(s):
Joe Wallace Pro Se
Plaintiff(s):
David Seror, Chapter 7 Trustee Represented By Susan K Seflin
Trustee(s):
David Seror (TR) Represented By Jessica L Bagdanov David Seror
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
RE: ORDER TO SHOW CAUSE WHY GIT, INC. SHOULD NOT BE HELD IN CONTEMPT
Docket 1593
Ruling for May 5, 2021
The Court will hold an evidentiary hearing on June 4, 2021 at 10:00 a.m. By May 14, 2021, the parties must exchange witness lists and evidentiary hearing exhibits.
Exhibits must be in Adobe .pdf format. Each .pdf file shall comprise a separate exhibit. The parties shall assign file names corresponding to the number or letter assigned to such exhibit. The trustee's exhibits shall be identified by numbers and GIT's exhibits shall be identified by letters. Any discovery by the parties on these issues must be completed by May 28, 2021; the usual notice periods are shortened to allow the parties to complete their discovery.
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman James P Menton JR
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
Docket 8
Tentative Ruling for June 9, 2021
Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than June 16, 2021.
Debtor(s):
Jose Antonio Serrano Represented By Navid Kohan
Movant(s):
Kinecta Federal Credit Union Represented By Mark S Blackman
Trustee(s):
Sandra McBeth (TR) Pro Se
10:00 AM
RE: [8] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2020 Honda Accord, VIN: 1HGC V1F1 9LA0 76384
Docket 8
Tentative Ruling for June 9, 2021
Grant. No opposition filed; appearances waived. The moving party shall lodge a conforming order no later than June 16, 2021.
Debtor(s):
Gabriel Toledo Aguirre Represented By Michael B Clayton
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [30] Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) Chapter 7 Trustee's Motion for Entry of an Order Authorizing: (1) The Sale of Real Property Located at 9139 Harmony Grove Road, Escondido, California, Free and Clear of Liens and Interests; (2) Approving Overbid Procedures; (3) Authorizing Payment of Undisputed Liens, Real Estate Broker's Commission, and Ordinary Costs of Sale; and (4) Finding Purchaser is a Good Faith Purchaser; Declarations in Support. (Landa, Anna)
FR. 5-26-21
Docket 30
Ruling for May 26, 2021
Continued to June 9, 2021 at 11:30 a.m.
Trustee to serve the motion and notice of continued hearing on the County of San Diego by May 28, 2021. The County's deadline to file objections is June 4, 2021. Trustee's reply deadline is June 8, 2021.
Debtor(s):
Kathleen Therese Connor Represented By Reed H Olmstead
Trustee(s):
Jerry Namba (TR) Represented By Meghann A Triplett Anna Landa
11:30 AM
Docket 89
Tentative Ruling for June 9, 2021:
Federal Rule of Bankruptcy Procedures 6004(c) requires that when a motion is filed to sell estate property free and clear of liens and other interests, that both the notice of hearing and motion be served "on the parties who have liens or other interests in the property to be sold."
The following lienholders appear on the title report attached to the trustee's motion, but none of them were served with the motion itself:
San Luis Obispo County (tax liens) FTB (tax liens of $69,136 & $5,100)
IRS (tax lien notices recorded but filed POC only asserts a general unsecured claim)
CACH, LLC (judgment lien of $4,721)
11:30 AM
Also, it’s unclear whether the Elias Children may have inherited an interest in the Property when David Elias passed away. The trustee’s settlement of the adversary proceeding was signed by all of the Elias children, and the trustee's 9019 motion expressly stated the Elias children "potentially have an interest in" the subject property. But none of the Elias children were served either with the notice or the motion. The Elias children are:
Carlos Elias David Elias Erika Sandoval Jose Elias Melchior Elias
The court is inclined to continue the hearing on the motion to July 21, 2021 at 11:30
a.m. to permit the trustee to serve a notice of continued hearing on all parties entitled to notice, and a copy of the motion on those parties entitled to the motion who did not previously receive service of a copy.
Debtor(s):
Corona Elias Represented By
Vaughn C Taus
Movant(s):
Jeremy W. Faith (TR) Represented By Carmela Pagay
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By Carmela Pagay
1:30 PM
Docket 160
Ruling for June 9, 2021
The status conference is continued to December 9, 2021 at 1:30 p.m. The Reorganized Debtor shall file an updated status report, supported by admissible evidence, no later than November 24, 2021. The continued status conference will come off calendar if a final decree is entered before November 24, 2021.
Ruling for April 26, 2021: Continued to 6/9/21 at 1:30 p.m. Updated status report with declaration should be filed by 6/4/21.
Debtor(s):
ProUsys, Inc. Represented By
Reed H Olmstead
1:30 PM
Docket 1
Ruling for March 10, 2021: Continued to 6/9/21 at 1:30 p.m.
Ruling for November 18, 2020
Continued to March 10, 2020 at 1:30 p.m. Debtor to file and serve a notice of the continued status conference. Updated status report to be filed two weeks before.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
1:30 PM
FR. 12-4-20, 3-10-21
Docket 1
Ruling for March 10, 2021: Continued to 6/9/21 at 1:30 p.m.
Ruling for December 4, 2020:
Continued to March 10, 2021 at 1:30 p.m. Dtr to file and serve a notice of continued status conference with the zoomgov connection information. A brief updated status report is due two weeks prior to the status conference.
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
Nicholas A Koffroth Keith C Owens
2:30 PM
Adv#: 9:20-01046 Serobian v. Panopio
RE: [1] Adversary case 9:20-ap-01046. Complaint by Lilia Serobian against Ragsdale F Panopio. false pretenses, false representation, actual fraud)),(65 (Dischargeability - other)) (Khojayan, Vahe)
FR. 10-21-20, 12-4-20, 1-13-21, 3-10-21, 4-26-21
Docket 1
Tentative Ruling for June 8, 2021:
Counsel should be prepared to explain why the joint status report was filed one week late, and why the court should not impose a monetary sanction as a result of its tardiness.
The court intends to enter a Rule 16 scheduling order with the following dates (Plaintiff shall lodge the order):
Last day to join other parties and to amend pleadings, or seek leave for either, if leave is required: 10/21/21.
Last day for discovery to be completed, including receiving responses to discovery requests: 10/21/21.
Last day to file case-dispositive motions: 10/28/21.
Last day for case-dispositive motions to be heard: 12/9/21. Cont’d status conference: 10/28/21 @ 2:30 p.m.
Last day to file updated status report: 10/14/21.
2:30 PM
Ruling for April 26, 2021: Continued to 6/9/21 at 2:30 p.m. Parties must file an updated joint status report with desired litigation schedule no later than 5/26/21.
Ruling for March 10, 2021: Continued to 4/26/21 at 2:30. The Court does not require an updated status report.
Ruling for January 13, 2021:
Continued to March 10, 2021 at 2:30 p.m.
Ruling for October 21, 2020: Continued to 12/16/20 at 2:30 p.m. Status report due by 12/2/20. Defendant's answer is due by 11/30/20.
Debtor(s):
Ragsdale F Panopio Represented By Matthew D. Resnik John K Rounds
Defendant(s):
Ragsdale F Panopio Represented By John K Rounds
Plaintiff(s):
Lilia Serobian Represented By Vahe Khojayan
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:21-01010 Namba v. Mesker
RE: [1] Adversary case 9:21-ap-01010. Complaint by Jerry Namba against Julie Marie Mesker. ($350.00 Fee Charge To Estate). COMPLAINT TO DETERMINE THE EXTENT OF THE BANKRUPTCY ESTATES INTEREST IN REAL
PROPERTY Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Olmstead, Reed)
FR. 5-26-21
Docket 1
- NONE LISTED -
Debtor(s):
Whittaker Bradley Represented By Bryan Diaz
Defendant(s):
Julie Marie Mesker Pro Se
Plaintiff(s):
Jerry Namba Represented By
Reed H Olmstead
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
10:00 AM
Adv#: 9:20-01039 McConnell, Chapter 11 Trustee v. California Asphalt Production, Inc., a
RE: [47] Motion for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c); Declaration of Samantha M. Indelicato in Support Thereof (Jones, Evan)
Docket 47
Debtor(s):
HVI Cat Canyon, Inc. Represented By David B Shemano
Samantha Indelicato
Defendant(s):
California Asphalt Production, Inc., Pro Se GTL1, LLC a Colorado limited Pro Se GIT, INC., a Colorado corporation Pro Se
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Sonia Singh George E Schulman Uzzi O Raanan ESQ Eric P Israel
Aaron E DE Leest
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E DE Leest
John N Tedford IV
10:00 AM
Zev Shechtman George E Schulman James P Menton JR
10:00 AM
Adv#: 9:20-01039 McConnell, Chapter 11 Trustee v. California Asphalt Production, Inc., a
FR. 5-6-21
Docket 31
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
California Asphalt Production, Inc., Pro Se GTL1, LLC a Colorado limited Pro Se GIT, INC., a Colorado corporation Pro Se
Movant(s):
Michael A. McConnell, Chapter 11 Represented By
Sonia Singh George E Schulman Uzzi O Raanan ESQ
Michael A. McConnell, Chapter 11 Pro Se Michael A. McConnell, Chapter 11 Pro Se
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Sonia Singh George E Schulman
10:00 AM
Trustee(s):
Uzzi O Raanan ESQ
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman James P Menton JR
10:00 AM
Adv#: 9:20-01039 McConnell, Chapter 11 Trustee v. California Asphalt Production, Inc., a
RE: [1] Adversary case 9:20-ap-01039. Complaint by Michael A. McConnell, Chapter 11 Trustee against California Asphalt Production, Inc., a California corporation, GTL1, LLC a Colorado limited liability company, GIT, INC., a Colorado corporation. (Charge To Estate). Trustee's Complaint: (1) For Declaratory Relief; and (2) For Violation of Automatic Stay Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Singh, Sonia)
FR. 9-29-20, 11-5-20, 2-11-21, 4-8-21, 5-6-21
Docket 1
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
California Asphalt Production, Inc., Pro Se GTL1, LLC a Colorado limited Pro Se GIT, INC., a Colorado corporation Pro Se
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Sonia Singh George E Schulman
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh
10:00 AM
Aaron E de Leest John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
RE: [1] Adversary case 9:20-ap-01006. Complaint by Michael A. McConnell, Chapter 11 Trustee against GLR, LLC, a Delaware limited liability company, GRL, LLC, a Delaware limited liability company. (Charge To Estate). Chapter 11 Trustee's Complaint: (1) To Avoid and Recover Preferential Transfers; (2) To Avoid and Recover Fraudulent Transfers; and (3) For Turnover and Accounting Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)) (Shechtman, Zev)
FR. 3-12-20, 4-17-20, 7-15-20, 9-29-20, 12-15-20 (Advanced),
12-2-20, 1-14-21, 3-11-21, 4-8-21
Docket 1
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman Eric P Israel George E Schulman
10:00 AM
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
#5.00 CONT'D Hearing
RE: [44] Motion to Surrender and Dismiss with proof of service FR. 11-5-20, 1-14-21, 3-11-21, 4-8-21
Docket 44
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Movant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GLR, LLC, a Delaware limited Represented By William C Beall
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman Eric P Israel George E Schulman
Trustee(s):
Michael Arthur McConnell (TR) Represented By
10:00 AM
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
#6.00 CONT'D Hearing
RE: [45] Motion to Surrender and Dismiss with proof of service FR. 11-5-20, 1-14-21, 3-11-21, 4-8-21
Docket 45
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Movant(s):
GRL, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman Eric P Israel George E Schulman
Trustee(s):
Michael Arthur McConnell (TR) Represented By
10:00 AM
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
RE: [74] Motion For Summary Judgment with proof of service FR. 4-8-21
Docket 74
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman Eric P Israel George E Schulman
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman
10:00 AM
RE: ORDER TO SHOW CAUSE WHY GIT, INC. SHOULD NOT BE HELD IN CONTEMPT
FR. 6-4-21
Docket 1593
Debtor(s):
HVI Cat Canyon, Inc. Pro Se
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E de Leest
John N Tedford IV Zev Shechtman George E Schulman James P Menton JR
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
COASTLINE RE HOLDINGS CORP AND PACIFIC WESTERN BANK
Stip to continue filed 6/1/21
Docket 354
- NONE LISTED -
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Gregory Kent Jones (TR) Pro Se
10:00 AM
DAN B. SELLECK; TGC PENSION PLAN; NVS INVESTMENTS, LLC ROJO SOLO 401K TRUST; ITA SERVICES TRUST CO
Docket 119
- NONE LISTED -
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure Anthony N Ranieri
Trustee(s):
Diane C Weil (TR) Represented By David Seror Tamar Terzian
11:00 AM
Docket 133
- NONE LISTED -
Debtor(s):
Haim Malka Represented By
Mark E Goodfriend
Trustee(s):
Diane C Weil (TR) Pro Se
11:00 AM
Docket 125
- NONE LISTED -
Debtor(s):
Haim Malka Represented By
Mark E Goodfriend
Trustee(s):
Diane C Weil (TR) Pro Se
11:00 AM
Docket 177
Ruling for June 15, 2021
Approve requested fees and expenses, and authorize proposed payments. No objections filed. Appearances waived. Trustee to lodge an order no later than June 22, 2021.
Debtor(s):
Jeffrey Mark Leib Pro Se
Trustee(s):
Nancy J Zamora (TR) Represented By Anthony A Friedman Irving M Gross
11:00 AM
Docket 86
- NONE LISTED -
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan Jessica L Bagdanov Aram Ordubegian Annie Y Stoops Dylan J Yamamoto Jessica Wellington
1:30 PM
[dkt 161] and [163] fr. 4/13/21
Docket 161
Ruling for April 13, 2021: Approval of stipulation is vacated. Continued to 6/15/21 at 1:30 p.m.
Debtor(s):
Jaguar Distribution Corp. Represented By Zev Shechtman
John N Tedford IV Michael G D'Alba
1:30 PM
Docket 1
Ruling for March 23, 2021
Dtr is required to file a motion to dismiss the case. The status conference is continued to 6/15/21 @ 1:30 p.m.
Ruling for February 3, 2021:
Continued to March 23, 2021 at 10:00 a.m. Debtor to file an updated status report by March 16, 2021.
Ruling for November 20, 2020: Plan and Disclosure Statement deadline is 1/29/21. The bar date is 1/22/21. The notice of bar date should be mailed by 11/30/20.
Continued to 2/3/21 at 1:30 p.m. Debtor should lodge a scheduling order. An updated status report is due by 1/20/21.
Debtor(s):
Javier Caceres Represented By Onyinye N Anyama
1:30 PM
services rendered and reimbursement of expenses on behalf of Law Office of Lionel E. Giron for period: 4/23/2020 to 5/7/2021, fee: $14,792.50, expenses: $171.00.
fr. 5/28/21
Docket 144
Debtor(s):
Jose Jesus Ortiz Represented By Lionel E Giron
Crystle Jane Lindsey Joanne P. Sanchez
1:30 PM
and disclosure statement and for entry of an order extending debtors exclusivity periods for filing a plan and obtaining acceptance thereof
Docket 98
- NONE LISTED -
Debtor(s):
Orby TV, LLC Represented By Ron Bender
Krikor J Meshefejian
1:30 PM
ROMPSEN MORTGAGE LIMITED PARTNERSHIP
fr. 5/18/21
Docket 47
Ruling for May 18, 2021
Continued to June 15, 2021 at 1:30 p.m. Romspen to cure the service defects (20 largest unsecured creditors in this case and Gateway Five, LLC) and to file the missing exhibits to docket no. 47 and a declaration from the broker by May 25, 2021. Any supplemental opp from CSAC to be filed by June 1, 2021. Any supplemental reply papers from Romspen to be filed by June 8, 2021. Any evidentiary objections by any party must be filed in a separate document per the Court's LBR.
Debtor(s):
Credit Suisse Alternative Capital, Represented By
William H Brownstein
1:30 PM
for entry of an order approving disclosure statement describing chapter 11 trustee's plan of reorganization
Docket 341
- NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
Docket 360
NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
Approving, on an interim basis, the stipulation authorizing chapter 11 trustee to continue using the cash collateral of the Gateway Four, LP bankruptcy estate upon the same terms and conditions as previously approved by the court;
Scheduling a final hearing on this motion and the stipulation; and
Granting related relief
Docket 365
NONE LISTED -
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
Citivest Realty and Mortgage Company for violating the automatic stay fr. 5/18/21
Docket 329
Ruling for May 18, 2021
The Court finds Sam LaMonica & Citivest in contempt. The hearing is continued as to the sanctions only, to June 15, 2021 @ 1:30 p.m. Romspen to file a declaration re: the attorneys' fees & expenses incurred due to the violation of the stay by June 1 2021. Any objections by Sam LaMonica / Citivest to the reasonableness of those fees to be filed by June 8, 2021.
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
fr, 11/10/20, 2/2/20, 2/3/21, 4/27/21
Docket 1
Ruling for April 27, 2021: Continued to 6/15/21 at 1:30 p.m. Debtor must file and serve a notice of continued status conference. The requirement for an updated status report is waived.
Ruling for February 3, 2021:
Continued to April 27, 2021 at 1:30 p.m. Dtr to serve and file a notice of continued status conference.
Debtor(s):
E.B.J.T. Enterprise, LLC Represented By Matthew Abbasi
1:30 PM
Docket 155
Ruling for April 13, 2021: Continued to 6/15/21 at 1:30 p.m. 5/18/21 is the deadline to file 2nd amended plan and disclosure statement. 5/25/21 is the deadline to object.
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m.
Debtor to file and serve an amended disclosure statement and plan, with redlines, by March 2, 2021. Debtor to also file a notice of continued hearing and that any objections are due by March 15, 2021.
Debtor(s):
Robert James Roon II Represented By
R Grace Rodriguez
1:30 PM
fr. 3/5/19; 4/30/19; 5/28/19, 8/14/19; 9/11/19, 12/11/19, 2/5/20, 3/17/20, 4/1/20; 5/13/20; 6/30/20, 10/1/20, 11/20/20,
12/9/20, 2/3/21, 4/13/21
Docket 1
Ruling for April 13, 2021: Continued to 6/15/21 at 1:30 p.m.
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m.
Ruling for December 9, 2020: A hearing on the disclosure statement is set for 2/3/21 at 1:30 p.m. Debtor must file and serve a notice of disclosure statement hearing no later than 12/14/20. The notice of the hearing must identify the docket numbers of the disclosure statement. The notice should also provide that objections are due no later than 1/20/21. The status conference is continued to 2/3/21 at 1:30
p.m. Updated status report is not required. Debtor must lodge a scheduling order.
Ruling for November 20, 2020: Continued to 12/9/20 at 1:30 p.m.
Ruling for 10/1/20:
Continued to November 20, 2020 at 1:30 p.m. The Court will issue an OSC re dismissal.
Ruling for June 30, 2020
Continued to October 1, 2020 at 1:30 p.m. No new status report is required.
The deadline for the Debtor to file a disclosure statement and plan is September 1,
1:30 PM
2020.
Ruling for April 1, 2020: Continued to 5/13/20 at 1:30 p.m.
April 1, 2020
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (888-882-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for February 5, 2020: Continued to 3/17/20 at 1:30 p.m. Court will issue an OSC re why this case should not be dismissed.
Ruling for December 11, 2019
Continued to February 5, 2020 at 1:30 p.m. The status report must be filed and served on January 22, 2020. The Court sanctions counsel $150 for failing to file and serve a chapter 11 status report.
Ruling for 9/11/19: Debtor must lodge a scheduling order and continue s/c to 12/11/19 at 1:30 p.m. Debtor must file his plan and disclosure statement by 10/30/19 and may use 12/11/19 as the hearing on his disclosure statement.
Ruling for August 14, 2019:
Continued to September 11, 2019 at 1:30 p.m.
Ruling for May 28, 2019:
Debtor shall file and serve a FRBP 9019 motion re: the two cash collateral
1:30 PM
stipulations. Debtor shall file a FRBP 2015.3 financial report re: Global Moto Outlet, Inc.
Continued to August 14, 2019 at 1:30 p.m. Debtor to file an updated status report on July 31, 2019 addressing a timeline for a plan and disclosure statement.
Ruling for 4/30/19: Bar date amended to 6/28/19. Bar date notice to be served by 5/3/19. File and serve notice of continued status conference by 5/3/19. File amended status report with attached deed of trust no later than 5/10/19. If not done, the Court will dismiss the case. Continued to 5/28/19 at 1:30 p.m.
Ruling for March 5, 2019
The general bar date is May 10, 2019. Debtor to serve the bar date notice by March 15, 2019. Continued to April 30, 2019 at 1:30 p.m. Updated status report to be filed by April 16, 2019. Debtor to file and serve notice of the continued status conference.
Debtor(s):
Robert James Roon II Represented By
R Grace Rodriguez
1:30 PM
fr. 2/3/21(stip), 4/13/21
STIP TO CONTINUE FILED 5/13/21
Docket 151
- NONE LISTED -
Debtor(s):
Jay B. Reznick Represented By James R Selth Daniel J Weintraub
Crystle Jane Lindsey
Trustee(s):
Gregory Kent Jones (TR) Pro Se
1:30 PM
fr. 6/30/20, 9/2/20, 9/14/20; 11/10/20, 12/9/20; 2/3/21(stip), 4/13/21
STIP TO CONTINUE FILED 5/13/21
Docket 1
Ruling for December 9, 2020: Continued to 2/3/21 at 1:30 p.m. Debtor should lodge an order setting forth the confirmation schedule.
Ruling for 9/14/20: Continued to 11/10/20 at 1:30 p.m. No later than 11/4/20, Debtor should file a proposed timeline for holding confirmation hearing, as well as additional deadlines. All other interested parties can respond by 11/9/20. Debtor should file and serve a notice of continued status conference with those dates. It should be served on the trustee, UST, 20 largest, and secured creditors.
Ruling for June 30, 2020
Continued to September 2, 2020 at 1:30 p.m. Debtor to file and serve a notice of continued status conference. Debtor to file and serve an updated status report by August 28, 2020.
Debtor(s):
Jay B. Reznick Represented By James R Selth
1:30 PM
Trustee(s):
Daniel J Weintraub Crystle Jane Lindsey
Gregory Kent Jones (TR) Pro Se
1:30 PM
fr. 6/15/21 (11:00 am)
Docket 133
- NONE LISTED -
Debtor(s):
Haim Malka Represented By
Mark E Goodfriend
Trustee(s):
Diane C Weil (TR) Pro Se
1:30 PM
Docket 125
- NONE LISTED -
Debtor(s):
Haim Malka Represented By
Mark E Goodfriend
Trustee(s):
Diane C Weil (TR) Pro Se
2:30 PM
fr. 12/11/19; 1/22/20 (stip), 2/19/20; 5/13/20 (stip) advanced fr. 6/10/20, 6/8/20, 9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20. 12/8/20, 2/16/21, 2/17/21,
3/26/21, 5/28/21
Docket 59
Ruling for March 26, 2021:
Continued to May 28, 2021 at 1:30 p.m.
Ruling for February 17, 2021
Continued to March 26, 2021 @ 10:00 a.m.
Ruling for December 8, 2020
Continued to February 16, 2021 @ 1:30 p.m. If Movants choose withdraw this Motion and file a new Motion with new grounds for relief, those papers must be filed by January 26, 2021. Debtors' response will be due February 2, 2021 and any supplemental reply will be due February 9, 2021.
Ruling for November 9, 2020
Continued to December 8, 2020 @ 1:30 p.m.
Ruling for October 1, 2020:
Continued to November 6, 2020 at 10:00 a.m.
2:30 PM
Ruling for June 8, 2020: Continued to 9/2/20 at 1:30 p.m. 8/19/20 is deadline for Movant to file supplement. 8/26/20 is the deadline for the Debtor to respond. The parties are ordered to meet and confer on a discovery schedule within the next 10 days.
Ruling for 2/19/20:
Continued to May 13, 2020 at 1:30 p.m.
Ruling for December 11, 2019
Continued to 1/22/20 at 1:30 p.m.
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
2:30 PM
fr. 11/13/19 (stip) ; 12/11/19 (stip); 1/22/20 (stip); 4/1/20(stip); 5/13/20 (stip)
advanced fr. 6/10/20, 6/8/20, 9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20, 12/8/20, 2/16/21, 2/17/21; 3/26/21, 5/28/21
Docket 41
Ruling for March 26, 2021:
Continued to May 28, 2021 at 1:30 p.m.
Ruling for February 17, 2021
Continued to March 26, 2021 @ 10:00 a.m.
Ruling for December 8, 2020
Continued to February 16, 2021 @ 1:30 p.m. to trail the amended disclosure statement.
Ruling for November 9, 2020
Continued to December 8, 2020 @ 1:30 p.m.
Ruling for October 1, 2020:
Continued to November 6, 2020 at 10:00 a.m.
2:30 PM
Ruling for June 8, 2020: Continued to 9/2/20 at 1:30 p.m. However, no new briefing is ordered. This will be a status conference on the motion.
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
2:30 PM
Docket 346
- NONE LISTED -
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Gregory Kent Jones (TR) Pro Se
2:30 PM
Docket 328
Ruling for March 26, 2021:
The Court conditionally approves the disclosure statement subject to the following: Debtors to correct the errors noted by the Court, update the administrative priority claims, the current amount of the Judgment Creditors' claims (the Judgment Creditors are require to send counsel for the Debtors updated calculations within seven days), the reference to the Judgment Creditors' remedies on default should clarify that notices required under state law are "if any," and the amount of the new value contribution (including redlines) by April 16, 2021. The Debtors' lodged disclosure statement should allow creditors four weeks after solicitation packages are served to submit their ballots. Deadlines for objections and confirmation briefs will be set at the
Confirmation is deemed to be a contested manner under FRBP 9014. Counsel to confer on a discovery plan in the next seven days. Discovery to be completed by May 28, 2021. Continued to May 28, 2021 at 1:30 p.m. as a pre-trial conference re: confirmation. The Court will issue an order re: what the parties are required to file as a joint pre-trial stipulation.
Ruling for February 17, 2021
Continued to March 26, 2021 @ 10:00 a.m. Debtors to file their amended disclosure statement and plan by March 19, 2021. Objections may be presented orally at the hearing.
Debtor(s):
Pierrick Brillouet Represented By
2:30 PM
Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Gregory Kent Jones (TR) Pro Se
2:30 PM
fr. 9/10/19, 12/11/19, 1/22/20, 3/19/20, 5/13/20, 6/8/20,
9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20. 12/8/20,
2/16/21, 2/17/21; 3/26/21, 5/28/21
Docket 1
Ruling for March 26, 2021:
Continued to May 28, 2021 at 1:30 p.m.
Ruling for February 17, 2021
Continued to March 26, 2021 @ 10:00 a.m.
Ruling for December 8, 2020
The Rule 2015.3 reports which were due in September 2020 must be filed by December 22, 2020.
Debtors amended disclosure statement and amended plan, including redlines, to be filed by January 26, 2021. Objections to the amended disclosure statement to be filed by February 2, 2021. Debtors reply to any such objections to be filed by February 9, 2020. A hearing on the forthcoming amended disclosure statement will be held February 16, 2021 @ 1:30 p.m.
The status conference is continued to February 16, 2021 @ 1:30 p.m.
Ruling for November 9, 2020
Continued to December 8, 2020 @ 1:30 p.m.
Ruling for October 1, 2020:
Continued to November 6, 2020 at 10:00 a.m.
2:30 PM
Ruling for June 8, 2020: Plan confirmation hearing set for 9/2/20 at 1:30 p.m. Deadline for objections to plan confirmation is 8/19/20. Deadline for the Debtor to file a brief in support of confirmation and response to objections is 8/26/20. No new status report needed.
Ruling for May 13, 2020:
Continued to June 8, 2020 at 1:30 p.m. Debtor to file and serve a notice of continuance.
May 13, 2020
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through June 30, 2020 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
Ruling for December 11, 2019
Continued to 1/22/20 at 1:30 p.m.
Ruling for September 10, 2019
The application to employ the Orantes Law Firm is set for hearing on October 7, 2019 at 1:30 p.m. The Orantes Law Firm shall files its supplemental brief by September 23, 2019 on the issues identified by the Court during the status conference. Any opposition shall be filed by September 30, 2019.
The bar date is set for November 1, 2019. Notice of the bar date to be filed and served by September 17, 2019.
Continued to December 11, 2019 at 1:30 p.m. Dtr to file and serve a notice of continued status conference. Dtr to file an updated status report by November 27, 2019.
2:30 PM
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes
2:30 PM
# 3 Exhibit Exhibits :F- H; # 4 Exhibit Exhibits I - K; # 5 Exhibit Exhibits L - M; # 6 Exhibit Exhibits
fr. 4/6/21, 5/11/21, 5/18/21, 5/28/21
Docket 210
Tentative Ruling for May 28, 2021
The Court has reviewed the Debtor’s Second Amended Disclosure Statement ("SADS," case dkt. 210) and the exhibits thereto. The hearing is continued to June 15, 2021 at 2:30 p.m. The Debtor shall be prepared to address the following:
Issues regarding Title to the Catalina Property and the Kingswell Property Debtor states she "holds title with her non-filing deceased spouse (passed away in January 2020) (67%) and with her son, Vartan Akopyan (33%)" to the Catalina Property and the Kingswell Property. SADS at 10:26-11-5. As a threshold matter, Debtor needs to disclose the name of her deceased spouse. Debtor also needs to disclose in the body of the disclosure statement the date on which her son, Vartan Akopyan ("Vartan") became a co-owner of each property and whether title is held as joint tenants or tenants in common. Exhibit M to the SADS is an appraisal of the Catalina Property which includes within the written appraisal a recorded Judgment After Trial entered on October 9, 2018 (the "Catalina Judgment") by the LASC in an action styled as Deutsche Bank National Trust, etc. v. Anait Akopyan and Sogomon Akopyan, husband and wife; Vardan Akopyan, et al., case number BC648828 (the "LASC Deutsche Bank Action"). Case Dkt. 210-4 at 68-73. The Catalina Judgment states, in pertinent part:
6. Defendants Anait Akopyan, Sogomon Akopyan and Vartan Akopyan hold fee simple title to the Real Property as Joint Tenants, under a Grant Deed recorded November 15, 2011.
2:30 PM
Id. at 72. These details regarding when Vartan was added to the title to the Catalina Property need to be disclosed in the body of the disclosure statement.
The date on which Vartan became a co-owner of the Kingswell Property and any prior adjudications regarding Debtor’s ownership of the Kingswell Property need to be disclosed in the body of the disclosure statement.
The SADS only discloses four liens encumbering the Kingswell Property but the documents attached collectively as Exhibit K disclose nine liens:
Liens Encumbering the Kingswell Property per SADS at 13 | Liens Encumbering the Kingswell Property per Exhibit K to the SADS | ||||
PRIORITY | RECORDATION DATE | LIENHOLDER & AMOUNT | PRIORITY | RECORDATION DATE | LIENHOLDER & AMOUNT |
1st | DOT | Mr Cooper $1,145,162 | 1st | 8/31/2006 DOT POC#3 at 25. | Mr Cooper / Nationstar $1,145,162 |
2d | DOT | Real Time Resolutions $456,165.68 | 2d | 8/31/2006 @ 8:00 a.m. DOT (expressly subordinated ) POC#7 | Real Time Resolutions $456,165.68 |
3d | 6/25/2010 judgment lien SADS, Exh. K, case dkt. 210-3 at 16-18. | JPMorgan Chase $887,969 | |||
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3d | "lien" | Apex Equity Holdings $15,000 | 4th | 3/1/11 DOT SADS, Exh. K, case dkt. 210-3 at 53-57. | Apex Equity Holdings $15,000 |
5th | 3/1/12 judgment lien SADS, Exh. K, case dkt. 210-3 at 20-29. | Pondella $102,745.72 | |||
6th | 12/20/12 Judgment lien SADS, Exh. K, case dkt. 210-3 at 31-34. | AmEx $47,591.64 | |||
7th | 12/26/12 Judgment lien SADS, Exh. K, case dkt. 210-3 at 36-39. | Citibank $4,067.66 | |||
8th | 5/19/14 judgment lien SADS, Exh. K, case dkt. 210-3 at 41-44. | Olympia Financial $38,803.90 POC#4 |
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4th | tax lien | FTB $19,925.65 | 9th | 4/10/17 FTB tax lien re: Karapet Emboyan SADS, Exh. K, case dkt. 210-3 at 59-60 | FTB $19,925.65 |
The body of the disclosure statement needs to disclose all of the liens encumbering the Kingswell Property. The plan needs to provide a separate class for each lien encumbering the Kingswell Property.
The 6/25/10 abstract of judgment in favor of JPMorgan Chase recorded in Los Angeles County created a judgment lien that attached to all of the Debtor’s real property interests located in Los Angeles County. See Cal. Civ. Proc. § 697.340(a) ("A judgment lien on real property attaches to all interests in real property in the county where the lien is created (whether present or future, vested or contingent, legal or equitable) . . . "). Upon recordation, JPMorgan Chase’s judgment lien attached to both the Catalina Property and the Kingswell Property. The SADS only lists this as a judgment lien against the Catalina Property and does not explain or address why the judgment lien is not also attached to the Kingswell Property.
The Second Amended Plan ("SAP") does not include a separate class for the JPMorgan Chase judgment lien encumbering the Kingswell Property.
The SADS states that Vartan is "not a co-obligor on the judgment liens" other than the Pondella judgment lien, and therefore the judgment liens only attach to the Debtor’s 67% interest. SADS at 16:10-18. The 6/25/10 JPMorgan Chase judgment lien predates the addition of Vartan to the title of the Catalina Property on 11/15/11. Depending upon when Vartan was added to the title of the Kingswell Property, this judgment lien may also predate Vartan’s interest in Kingswell. It appears that only the Debtor was on title to the Catalina Property on 6/25/10. Therefore, the judgment lien attached to the Debtor’s
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100% interest in the Catalina Property. Cal. Civ. Proc. § 697.340(a). The
joint tenancy interests conveyed by the Debtor to Sogomon and Vartan in 2011 were encumbered by the senior JPMorgan Chase judgment lien. Cal. Civ.
Proc. § 697.390(a). The SADS, however, suggests that Vartan’s 33% interest in the Catalina Property is not encumbered by the JPMorgan Chase judgment lien merely because he was not a defendant to the action in which judgment was entered against the Debtor. SADS at 11:17-18, 16:10-18, 31:26-32:12.
This is contrary to the express language of Cal. Civ. Proc. § 697.390(a) ("If an interest in real property that is subject to a judgment lien is transferred or encumbered without satisfying or extinguishing the judgment lien: (a) The interest transferred or encumbered remains subject to a judgment lien created pursuant to Section 697.310 in the same amount as if the interest had not been transferred or encumbered").
The SAP states the Class 1(C) judgment lien of JPMorgan Chase will be stripped of the Catalina Property upon completion of payments under the SAP. SAP at 11. As previously discussed at prior disclosure statement hearings, a plan which purports to strip a lien off of property which is not property of the estate (e.g., Vartan’s 33% interest in the Catalina Property) is patently unconfirmable.
The 3/1/12 abstract of judgment recorded in Los Angeles County created a judgment lien that attached to all of the Debtor’s real property interests located in Los Angeles County. See Cal. Civ. Proc. § 697.340(a) ("A judgment lien on real property attaches to all interests in real property in the county where the lien is created (whether present or future, vested or contingent, legal or equitable) . . . "). Upon recordation, Pondella’s judgment lien attached to both the Catalina Property and the Kingswell Property. The SADS only lists this as a judgment lien against the Catalina Property and does not explain or address why the judgment lien is not also attached to the Kingswell Property.
The SAP does not include a separate class for the Pondella judgment lien encumbering the Kingswell Property.
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The SAP states the following regarding the Class 1(D) judgment lien of Pondella:
"Upon completion of the payments under the Second Amended Plan, a certified copy of the Final Decree may be recorded . . . and Dan Pondella’s judgment lien shall be null and void and such lien shall not act as an encumbrance on the Property"
SAP at 12:7-12. The SADS discloses that Vartan, a co-judgment debtor, caused Pondella to record a satisfaction of judgment as to Vartan’s 33% interest in the Catalina Property, thereby permitting the Debtor to strip the Pondella judgment lien on her interest in the Catalina Property. The language in the SAP needs to state " . . . such lien shall not act as an encumbrance on the Debtor’s 67% interest in the Property" to clarify that confirmation of a plan does not strip any liens off of Vartan’s 33% interest.
Additionally, what does "upon completion of the payments under the Second Amended Plan" mean? The SAP does not provide for any payments to Pondella. The SAP is a 60-month plan. Does this mean after the Debtor completes 60 months of payments to Secured Class 1(A) (Deutsche Bank), Secured Class 1(B) (Real Time Resolutions) and Secured Class 1(I) (Deutsche Bank)?
The SAP states the following regarding the Class 1(H) deed of trust of Jesus Landeros:
"Upon completion of the payments under the Second Amended Plan, a certified copy of the Final Decree may be recorded . . . and Jesus Landeros’ lien shall be null and void and such lien shall not act as an encumbrance on the Property"
SAP at 14:27-15:5. The language in the SAP needs to state " . . . such lien shall not
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act as an encumbrance on the Debtor’s 67% interest in the Property" to clarify that confirmation of a plan does not strip any liens off of Vartan’s 33% interest.
Additionally, what does "upon completion of the payments under the Second Amended Plan" mean? The SAP does not provide for any payments to Landeros. The SAP is a 60-month plan. Does this mean after the Debtor completes 60 months of payments to Secured Class 1(A) (Deutsche Bank), Secured Class 1(B) (Real Time Resolutions) and Secured Class 1(I) (Deutsche Bank)?
The SADS asserts the Apex Equity Holdings DOT (the "Apex DOT") is "Disputed by Debtor." SADS at 15:22. What does this language mean? The Debtor did not list this debt as disputed on Schedule D. Case Dkt. 15 at 15.
The SADS asserts the Apex DOT recorded on 3/1/11 encumbers only the Debtor’s 67% interest in the Kingswell Property. SADS at 15:23. The Debtor offers no explanation or analysis for why the Apex DOT does not encumber the entire fee. As noted above, the SADS fails to disclose when the Debtor conveyed a 33% joint tenancy interest in the Kingswell Property to Vartan. Unless Vartan was a joint tenant on 3/1/11 when the Apex DOT was recorded, the Apex DOT encumbers the entire fee, not just the Debtor’s 67% interest. The Court notes that in a related adversary proceeding, 1:19-ap-01099-MB, plaintiff Novastar LLC alleged that Vartan became a joint tenant on the title to the Kingswell Property in October 2011. If Vartan was not added to the title until October 2011, the SADS cannot state (without any explanation) that the Apex DOT only encumbers the Debtor’s 67% interest.
The SAP states the Class 1(K) Apex DOT will be stripped off the Kingswell Property upon completion of payments under the SAP. SAP at 17-18. If the Apex DOT attached to the Kingswell Property before Vartan was added to the title, the Apex DOT encumbers Vartan’s 33% interest and the SAP purports to strip the DOT off of Vartan’s interest. As previously discussed at prior disclosure statement hearings, a plan which purports to strip a lien off of property which is not property of the estate is patently unconfirmable.
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As noted above, the SADS fails to list the 12/20/12 judgment lien of American Express (the "AmEx Lien"), the 12/26/12 judgment lien of Citibank (the "Citibank Lien") or the 5/19/14 judgment lien of Olympia Financial (the "Olympia Lien") as liens encumbering the Kingswell Property. These abstracts of judgment recorded in Los Angeles County created judgment liens that attached to all of the Debtor’s real property interests located in Los Angeles County. See Cal. Civ. Proc. § 697.340(a) ("A judgment lien on real property attaches to all interests in real property in the county where the lien is created (whether present or future, vested or contingent, legal or equitable) . . . "). Upon recordation, the AmEx Lien, the Citibank Lien and the Olympia Lien attached to both the Catalina Property and the Kingswell Property.
The SAP needs to include separate classes for the AmEx Lien, the Citibank Lien and the Olympia Lien on the Kingswell Property.
The SAP provides treatment for the AmEx Lien, the Citibank Lien and the Olympia Lien encumbering the Catalina Property in Classes 1(E), 1(F) and 1(G) and in each instance the judgment lien is stripped off:
Upon completion of the payments under the Second Amended Plan, a certified copy of the Final Decree may be recorded by the Debtor and [AmEx / Citibank /
Olympia’s] judgment lien shall be null and void and such lien shall no longer act as an encumbrance on the Property at the time of recordation.
SAP at 12-14. What does "upon completion of the payments under the Second Amended Plan" mean? The SAP does not provide for any payments to AmEx or Citibank or Olympia. The SAP is a 60-month plan. Does this mean after the Debtor completes 60 months of payments to Secured Class 1(A) (Deutsche Bank), Secured Class 1(B) (Real Time Resolutions) and Secured Class 1(I) (Deutsche Bank)?
2:30 PM
The SADS states the Kingswell Property is encumbered by a tax lien in favor of the FTB "against another individual by name Karapet Emboyan." SADS at 15. The recorded tax lien states that it "attaches to all property and rights to such property now owned or later acquired by the taxpayer" and identifies the taxpayer as Karapet Emboyan. Exh. K to the SADS, dkt. 210-3 at 60. The SADS fails to explain who Karapet Emboyan is or why the Debtor believes FTB tax lien attached to the SADS encumbers the Kingswell Property. The Novastar settlement agreement attached to the SADS at exhibit F suggests Emboyan was on title to the Kingswell Property at some point in time. The SADS needs to disclose enough facts to explain why the Debtor’s plan includes provisions to strip off a tax lien that only attaches to property of Emboyan, who is not a debtor.
The SAP proposes to strip 13 – 14 liens off of the two properties at confirmation pursuant to § 506 of the Bankruptcy Code based on the Debtor’s assertion there is insufficient equity in each property for the liens to be fully secured. At confirmation the Debtor will have to present admissible evidence of the value of each property at confirmation. The appraisals attached to the SADS at exhibits L and M value the properties as of July 2020 and therefore are stale. The SADS currently states:
The Catalina Rental has a scheduled value of approximately $2,200,000 as of the plan confirmation date.
SADS at 11:5-6.
The Kingswell Rental has a scheduled value of
$1,100,000 as of the plan confirmation date.
SADS at 13:4-5.
The SADS needs to clarify that these valuations are as of 7/22/20 and 7/25/20, respectively, and are not valuations "as of confirmation."
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WHO MAY VOTE OR OBJECT
* * *
ii. Who May Vote to Accept or Reject the Second Amended Plan
A creditor or interest holder has a right to vote for or against the Second Amended Plan if that creditor or interest holder has a claim which is both (1) allowed or allowed for voting purposes and (2) classified as an impaired class.
SADS at 43:17-20.
The SADS also incorrectly identifies the classes entitled to vote on the SAP:
. . . holders of Class 1(A), Class 1(B), Class 1(C), Class 1(D), 1(E), 1(F), 1(G), 1(H), 1(I), 1(J), 1(K), 1(L) and
Class 2 are impaired that the holders of claims in these class [sic] are entitled to vote to accept or reject the Second Amended Plan.
SADS at 44:21-23.
The SAP provides that the only classes receiving anything under the SAP are: Secured Class 1(A) (Deutsche Bank / Mr. Cooper re Catalina Property), Secured Class 1(B) (Real Time Resolutions re Catalina Property); and Secured Class 1(I) (Deutsche Bank / Mr. Cooper re Kingswell Property).
None of the other classes receive payments or any other distributions under the SAP. Because Classes 1(C), 1(D), 1(E), 1(F), 1(G), 1(H), 1(K), 1(L) and 2 do not receive anything under the Plan, they are deemed not to have accepted the Plan by operation of Bankruptcy Code § 1126(g). Because they are deemed not to have accepted the SAP by operation of law, they are not entitled to vote. In re Maremont Corp., 601
B.R. 1, 86 (Bankr. D. Del. 2019) ("Claims in Class 6 . . . and Interests in Class 7 are Impaired and Holders of such Claims and Interests are deemed to have rejected the Plan pursuant to section 1126(g) of the Bankruptcy Code and are not entitled to vote to accept or reject the Plan").
The SADS needs to identify only Classes 1(A), 1(B) and 1(I) as the classes entitled to vote and needs to state that Classes 1(C), 1(D), 1(E), 1(F), 1(G), 1(H), 1(K), 1(L) and
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2 are deemed to reject the SAP.
As a threshold matter, the disclosure statement does not need to include legal arguments or cite legal authorities. However, if the Debtor chooses to include such legal authorities, the description must accurately represent the issues addressed by those authorities. The SADS asserts that Todeschi v. Juarez (In re Juarez), 603 B.R. 610 (B.A.P. 9th Cir. 2019) addresses "whether the ‘absolute priority rule’ permits an individual debtor in a chapter 11 case to retain exempt property without making a commensurate ‘new value’ contribution." SADS at 47:18-21. In Juarez, the debtor made a new value contribution of $15,000; Juarez , therefore, is not a case addressing whether an individual debtor can violate the absolute priority rule without making a new value contribution. It is also far from clear that Juarez is applicable to the Debtor’s SAP. Under the SAP, unlike the debtor in Juarez, the Debtor does not make a new value contribution. In Juarez, the debtor made payments to a class of general unsecured creditors over five years. Under the SAP, the Debtor makes no payments to Class 2 (General Unsecured Creditors). Additionally, under the SAP the Debtor retains her 67% ownership in the Catalina Property and the Kingswell Property, neither of which are exempt properties. Under the SAP the Debtor retains her rights to the rental income generated by the properties ($19,089 / month combined gross rent, which totals $1,145,340 over the 5-year term of the SAP). Debtor did not claim an exemption in any of the income to be generated by the properties (which is property of the estate pursuant to § 541(a)(6) (". . . rents . . . from property of the estate . . . ")) and only claimed an exemption of $10,000 in Kingswell Section 8 rent which accrued prepetition. Schedule C, case dkt. 15 at 13. Because the Debtor would retain prepetition nonexempt, property of the estate, to the extent Juarez addresses (at least in part) the ability of a chapter 11 debtor to retain exempt property, Juarez may not be as applicable to the Debtor’s SAP as the SADS suggests.
The SADS asserts "Debtor has no unexempt equity in her Rental Properties" and "Debtor does not have any unexempt assets" SADS at 48:7-9. As noted above, the Debtor has not asserted any exemption in either the Catalina Property or the Kingswell Property or their rents. These statements need to be
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deleted.
The SAP provides that after property of the estate revests in the Debtor, "[t]he automatic stay will be re-imposed upon the re-vested property." SAP at
24:27-25:1. At confirmation the Debtor will need to address the appropriateness of the stay continuing post confirmation despite § 362(c)(1) of the Bankruptcy Code, which provides for its termination, and also address when the stay will be lifted.
Ruling for May 18, 2021:
Continued to 5/28/21 at 1:30 p.m.
Ruling for May 11, 2021:
Continued to 5/18/21 at 10:00 a.m.
Ruling for April 6, 2021:
Continued to 5/5/21 @ 1:30. By 4/27/21, Dtr to file a 2d amended disclosure statement and plan, with blacklines, and notice of the continued hearing to all creditors. Objections due by 5/4/21.
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
2:30 PM
fr. 6/25/19; 9/25/19, 12/11/19, 3/17/20, 5/26/20, 8/12/20; 8/17/20, 9/14/20. 11/10/20, 1/19/21, 2/3/21,
3/23/21, 4/6/21, 5/11/21, 5/18/21, 5/28/21
Docket 1
Ruling for May 28, 2021
The status conference is continued to June 15, 2021 at 2:30 p.m. No new status report is required.
Ruling for May 18, 2021:
Continued to 5/28/21 at 1:30 p.m.
Ruling for May 11, 2021:
Continued to 5/18/21 @ 10:00 a.m. No new status report is required.
Ruling for April 6, 2021:
Continued to 5/11/21 @ 1:30. No new status report is required.
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m. Amended Plan and Disclosure Statement to be filed by March 2, 2021. Objections due by March 16, 2021. Provided the amended Plan and Disclosure Statement are filed, no new status report is required.
Ruling for 9/14/20: Continued to 11/10/20 at 1:30 p.m. Debtor should file and serve notice of continuance. No updated status report needed.
2:30 PM
Ruling for May 26, 2020: Continued to 8/12/20 at1:30 p.m. Debtor to file and serve notice of continued status conference. No new status report needed.
Ruling for March 17, 2020
Appearances waived. Continued to May 26, 2020 at 1:30 p.m.
Tentative Ruling for September 25, 2019: Continued to December 11, 2019 at 1:30
p.m. Debtor shall file an updated status report two weeks prior to the continued status conference. Appearances waived.
Ruling for 6/25/19: Bar date is 8/30/19. Debtor to lodge bar date order which requires the bar date notice to be in the mail by 7/2/19. Deadline for plan and disclosure statement filing is 1/31/20. Continued to 9/25/19 at 1:30 p.m. Debtor must file an updated status report by 9/11/19.
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
10:00 AM
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Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
Adv#: 9:21-01002 White Winston Select Asset Funds, LLC v. Figueroa Mountain Brewery,
RE: [17] Motion to Dismiss Adversary Proceeding / Notice Of Motion And Motion To Dismiss Counterclaim Of Figueroa Mountain Brewing, LLC Against White Winston Select Asset Funds, LLC; Memorandum Of Points And Authorities In Support Thereof
FR. 6-2-21
Docket 17
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Defendant(s):
Figueroa Mountain Brewery, LLC Represented By
Matthew A Lesnick
Movant(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Beth Ann R Young
White Winston Select Asset Funds, Represented By
Juliet Y Oh
10:00 AM
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Beth Ann R Young
10:00 AM
Adv#: 9:21-01002 White Winston Select Asset Funds, LLC v. Figueroa Mountain Brewery,
RE: [1] Adversary case 9:21-ap-01002. Complaint by White Winston Select Asset Funds, LLC against Figueroa Mountain Brewery, LLC. LLC for Determination of the Validity, Extent and Priority of Liens and Amount of Claim - Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Karasik, Eve)
FR. 4-7-21, 5-26-21, 6-2-21
Docket 1
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Defendant(s):
Figueroa Mountain Brewery, LLC Represented By
Matthew A Lesnick
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Beth Ann R Young
10:00 AM
Adv#: 9:21-01003 White Winston Select Asset Funds, LLC v. Dietenhofer
RE: [18] Motion to Dismiss Adversary Proceeding Notice and Motion to Dismiss Complaint Under FRCP 12(B)(6); Memorandum of Points and Authorities, with Proof of Service
FR. 5-26-21, 6-2-21
Docket 18
- NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Defendant(s):
Jaime Gray Dietenhofer Represented By
D Edward Hays Tinho Mang Chad V Haes
Movant(s):
Jaime Gray Dietenhofer Represented By
D Edward Hays Tinho Mang Chad V Haes
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Juliet Y Oh
10:00 AM
Beth Ann R Young Eve H Karasik
10:00 AM
Adv#: 9:21-01003 White Winston Select Asset Funds, LLC v. Dietenhofer
RE: [1] Adversary case 9:21-ap-01003. Complaint by White Winston Select Asset Funds, LLC against Jaime Gray Dietenhofer. (4) and (6) (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Young, Beth Ann)
FR. 3-8-21, 5-26-21, 6-2-21
Docket 1
- NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Defendant(s):
Jaime Gray Dietenhofer Represented By
D Edward Hays Tinho Mang Chad V Haes
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Juliet Y Oh
Beth Ann R Young Eve H Karasik
10:00 AM
Adv#: 9:21-01004 White Winston Select Asset Funds, LLC v. Dietenhofer
RE: [1] Adversary case 9:21-ap-01004. Complaint by White Winston Select Asset Funds, LLC against Jaime Gray Dietenhofer. LLC for Determination of the Validity, Extent and Priority of Liens and Amount of Claim - Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Karasik, Eve)
FR. 4-7-21, 5-26-21, 6-2-21
Docket 1
- NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Defendant(s):
Jaime Gray Dietenhofer Represented By
D Edward Hays Chad V Haes
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik
1:30 PM
RE: [397] Notice of Motion and Motion to Restrict White Winston From Credit Bidding Pursuant To § 363(k) at Proposed Sale of Debtors Assets and Request to Exceed Page Limit; Memorandum of Points and Authorities; and Proof of Service
FR. 4-19-21, 5-12-21, 6-1-21, 6-2-21
Docket 397
Ruling for June 2, 2021: Continued to 6/16/21 at 1:30 p.m.
Ruling for April 19, 2021: Continued to 5/12/21 at 10:00 a.m. for cross examination of the declarants.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
Adv#: 9:21-01002 White Winston Select Asset Funds, LLC v. Figueroa Mountain Brewery,
RE: [17] Motion to Dismiss Adversary Proceeding / Notice Of Motion And Motion To Dismiss Counterclaim Of Figueroa Mountain Brewing, LLC Against White Winston Select Asset Funds, LLC; Memorandum Of Points And Authorities In Support Thereof
FR. 6-2-21
Docket 17
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Defendant(s):
Figueroa Mountain Brewery, LLC Represented By
Matthew A Lesnick
Movant(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Beth Ann R Young
White Winston Select Asset Funds, Represented By
Juliet Y Oh
Plaintiff(s):
White Winston Select Asset Funds, Represented By
1:30 PM
Eve H Karasik Beth Ann R Young
1:30 PM
Adv#: 9:21-01002 White Winston Select Asset Funds, LLC v. Figueroa Mountain Brewery,
RE: [1] Adversary case 9:21-ap-01002. Complaint by White Winston Select Asset Funds, LLC against Figueroa Mountain Brewery, LLC. LLC for Determination of the Validity, Extent and Priority of Liens and Amount of Claim - Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Karasik, Eve)
FR. 4-7-21, 5-26-21, 6-2-21
Docket 1
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Defendant(s):
Figueroa Mountain Brewery, LLC Represented By
Matthew A Lesnick
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Beth Ann R Young
1:30 PM
Adv#: 9:21-01003 White Winston Select Asset Funds, LLC v. Dietenhofer
RE: [18] Motion to Dismiss Adversary Proceeding Notice and Motion to Dismiss Complaint Under FRCP 12(B)(6); Memorandum of Points and Authorities, with Proof of Service
FR. 5-26-21, 6-2-21
Docket 18
- NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Defendant(s):
Jaime Gray Dietenhofer Represented By
D Edward Hays Tinho Mang Chad V Haes
Movant(s):
Jaime Gray Dietenhofer Represented By
D Edward Hays Tinho Mang Chad V Haes
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Juliet Y Oh
Beth Ann R Young
1:30 PM
Eve H Karasik
1:30 PM
Adv#: 9:21-01003 White Winston Select Asset Funds, LLC v. Dietenhofer
RE: [1] Adversary case 9:21-ap-01003. Complaint by White Winston Select Asset Funds, LLC against Jaime Gray Dietenhofer. (4) and (6) (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Young, Beth Ann)
FR. 3-8-21, 5-26-21, 6-2-21
Docket 1
- NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Defendant(s):
Jaime Gray Dietenhofer Represented By
D Edward Hays Tinho Mang Chad V Haes
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Juliet Y Oh
Beth Ann R Young Eve H Karasik
1:30 PM
Adv#: 9:21-01004 White Winston Select Asset Funds, LLC v. Dietenhofer
RE: [1] Adversary case 9:21-ap-01004. Complaint by White Winston Select Asset Funds, LLC against Jaime Gray Dietenhofer. LLC for Determination of the Validity, Extent and Priority of Liens and Amount of Claim - Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Karasik, Eve)
FR. 4-7-21, 5-26-21, 6-2-21
Docket 1
- NONE LISTED -
Debtor(s):
Jaime Gray Dietenhofer Represented By Summer M Shaw
Defendant(s):
Jaime Gray Dietenhofer Represented By
D Edward Hays Chad V Haes
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik
2:30 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
2:30 PM
Adv#: 1:19-01120 Seror v. Goldman et al
fr. 5/14/20 (stip); 9/24/20; 1/7/21. 1/8/21, 2/4/21; 4/15/21
Docket 1
Ruling for February 4, 2021: Trustee to lodge a new scheduling order which includes the following deadlines: discovery cut off is 3/31/21 and case dispositive motions due 5/14/21. Status conference is continued to 4/15/21 at 1:30 p.m. No updated status report required.
Ruling for January 8, 2021: Continued to 2/4/21 at 10:00 a.m. No new status report is required.
Ruling for September 24, 2020: Continued to 1/8/21 at 1:30 p.m. The scheduling order is as follows: the last day to join parties and amend pleadings is 1/29/21. Also, 1/29/21 is the last day for discovery to be completed. The last day for pre-trial motions to be filed is 2/19/21.
Ruling for February 6, 2020: Continued to 5/14/20 at 1:30 p.m. The parties are ordered to go to mediation and it must be completed by the end of April 2020.
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Nicole Goldman Pro Se
Jasmin Ismail Pro Se
2:30 PM
Ostrich House LLC, an Ohio limited Pro Se
Plaintiff(s):
David Seror Represented By
Jorge A Gaitan
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan
2:30 PM
Adv#: 1:19-01051 World Systems Inc v. South Bay Properties et al
fr. 9/12/19; 10/23/19; 1/9/20; 2/20/20; 4/2/20, 6/25/20; 6/26/20(stip), 8/24/20, 10/29/20, (adv fr.12/18/20), 12/10/20; 1/21/21; 3/26/21
Docket 14
Ruling for March 26, 2021: Continued to 6/17/21 at 2:30 p..m.
Ruling for December 10, 2020: Continued to 1/21/21 at 2:30 p.m.
Ruling for October 29, 2020: Continued to 12/18/20 at 2:30 p.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
World Systems, Inc. Represented By
2:30 PM
Lewis R Landau
Defendant(s):
South Bay Properties Represented By Leslie A Cohen
Best Alliance Foreclosure and Lien Pro Se Equity Title Pro Se
Michael G Anderson Trust Pro Se
Plaintiff(s):
World Systems Inc Represented By Lewis R Landau
2:30 PM
Adv#: 1:19-01051 World Systems Inc v. South Bay Properties et al
fr. 6/27/19, 9/12/19 (from 1:30pm); 9/12/19; 10/23/19; 1/9/20; 2/20/20; 4/2/20, 6/25/20; 6/26/20(stip), 8/24/20,
10/29/20, (adv fr.12/18/20), 12/10/20; 1/21/21; 3/26/21
Docket 13
Ruling for March 26, 2021: Continued to 6/17/21 at 2:30 p..m.
Ruling for December 10, 2020: Continued to 1/21/20 at 2:30 p.m.
Ruling for October 29, 2020: Continued to 12/18/20 at 2:30 p.m. Joint status report must be filed by 12/4/20 unless a settlement is reached and a 9019 motion is filed.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional
2:30 PM
details are available by visiting their website: https://courtcall.com.
Ruling for 6/27/19: Amended complaint must be filed by 7/15/19. Answer or responsive pleading due by 8/6/19. Continued to 9/12/19 at 1:30. Parties should file an updated joint status report. Plaintiff must lodge a scheduling order within seven days.
Debtor(s):
World Systems, Inc. Represented By Lewis R Landau
Defendant(s):
South Bay Properties Pro Se Best Alliance Foreclosure and Lien Pro Se Equity Title Pro Se
Michael G Anderson Trust Pro Se
Plaintiff(s):
World Systems Inc Pro Se
2:30 PM
fr. 4/1/20, 5/13/20, 6/8/20, 8/12/20, 8/17/20, 10/1/20, 10/29/20, (adv fr. 12/18/20), 12/10/20; 1/21/21; 3/26/21
Docket 123
Ruling for March 26, 2021: Continued to 6/17/21 at 2:30 p..m.
Ruling for December 10, 2020: Continued to 1/21/20 at 2:30 p.m.
Ruling for October 29, 2020: Continued to 12/18/20 at 2:30 p.m.
Ruling for 10/1/20:
Continued to October 29, 2020 at 2:30 p.m.
Ruling for August 17, 2020
Tentative adopted.
Ruling for June 8, 2020: Continued to 8/12/20 at 1:30 p.m.
Ruling for May 13, 2020:
2:30 PM
Continued to June 8, 2020 at 1:30 p.m.
Ruling for April 1, 2020: Extension request is granted through 5/13/20. Continued to 5/13/20 at 1:30 p.m.
Debtor(s):
World Systems, Inc. Represented By Lewis R Landau Leslie A Cohen
2:30 PM
fr. 3/26/19; 6/25/19; 8/14/19, 11/13/19, 2/19/20, 4/1/20,
5/13/20, 6/8/20, 8/12/20, 8/17/20, 10/1/20, 10/29/20, (adv 12/18/20),
12/10/20; 1/21/21; 3/26/21
Docket 1
Ruling for March 26, 2021: Continued to 6/17/21 at 2:30 p..m.
Ruling for December 10, 2020: Continued to 1/21/20 at 2:30 p.m.
Ruling for October 29, 2020: Continued to 12/18/20 at 2:30 p.m.
Ruling for 10/1/20:
Continued to October 29, 2020 at 2:30 p.m.
Ruling for August 17, 2020
Tentative adopted.
Ruling for June 8, 2020: Continued to 8/12/20 at 1:30 p.m. Debtor is required to
2:30 PM
file an updated status report by 8/5/20.
Ruling for May 13, 2020:
Continued to June 8, 2020 at 1:30 p.m.
Ruling for April 1, 2020: Continued to 5/13/20 at 1:30 p.m. Debtor may file a brief update at least one day prior to the hearing.
Ruling for 2/19/20: Continued to 4/1/20 at 1:30 p.m.
Ruling for 11/13/19: Deadline to file plan and disclosure statement continued to 1/31/20. Continued to 2/19/20 at 1:30 p.m. Debtor to file a notice of continued status conference.
Ruling for August 14, 2019:
Continued to November 13, 2019 at 1:30 p.m. The Dtr can set its disclosure statement for hearing at the same date and time.
Ruling for 6/25/19: Debtor to lodge scheduling order establishing 10/1/19 as the deadline for the debtor to file a plan. Continued to 8/14/19 at 1:30 p.m. Debtor to serve notice of continuance. No updated status report needed.
Ruling for March 26, 2019:
The general claims bar date is May 3, 2019. Debtor shall serve notice of the bar date by March 29, 2019. Continued to June 25, 2019 at 1:30 p.m. Debtor shall file and serve notice of the continued status conference.
Debtor(s):
World Systems, Inc. Represented By Lewis R Landau
10:00 AM
RE: [532] Motion to Approve Compromise Under Rule 9019 NOTICE OF MOTION AND MOTION OF DEBTOR TO APPROVE SETTLEMENT WITH, AND AUTHORIZE PAYMENT TO, STEPHEN ALMARAZ
Docket 532
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
10:00 AM
RE: [534] Notice of Motion and Motion in Individual Ch 11 Case for Order Employing Professional (LBR 2014-1): ONYX ASSET ADVISORS, LLC AND RABIN WORLDWIDE, INC. as Sales Agents, Brokers
Docket 534
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
10:00 AM
RE: [536] Motion For Sale of Property of the Estate under Section 363(b) - No Fee DEBTORS NOTICE OF MOTION AND MOTION APPROVING MOTION TO APPROVE SALE OF PERSONAL PROPERTY AND SURRENDER OF POSSESSION OF REAL PROPERTY
Docket 536
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
1:30 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
1:30 PM
RE: [532] Motion to Approve Compromise Under Rule 9019 NOTICE OF MOTION AND MOTION OF DEBTOR TO APPROVE SETTLEMENT WITH, AND AUTHORIZE PAYMENT TO, STEPHEN ALMARAZ
FR. 6-18-21
Docket 532
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
1:30 PM
RE: [534] Notice of Motion and Motion in Individual Ch 11 Case for Order Employing Professional (LBR 2014-1): ONYX ASSET ADVISORS, LLC AND RABIN WORLDWIDE, INC. as Sales Agents, Brokers
FR. 6-18-21
Docket 534
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
1:30 PM
RE: [536] Motion For Sale of Property of the Estate under Section 363(b) - No Fee DEBTORS NOTICE OF MOTION AND MOTION APPROVING MOTION TO APPROVE SALE OF PERSONAL PROPERTY AND SURRENDER OF POSSESSION OF REAL PROPERTY
FR. 6-18-21
Docket 536
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
1:30 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
1:30 PM
RE: [397] Notice of Motion and Motion to Restrict White Winston From Credit Bidding Pursuant To § 363(k) at Proposed Sale of Debtors Assets and Request to Exceed Page Limit; Memorandum of Points and Authorities; and Proof of Service
FR. 4-19-21, 5-12-21, 6-1-21, 6-2-21, 6-16-21
Docket 397
Ruling for June 16, 2021: Continued to 6/28/21 at 1:30 p.m.
Ruling for June 2, 2021: Continued to 6/16/21 at 1:30 p.m.
Ruling for April 19, 2021: Continued to 5/12/21 at 10:00 a.m. for cross examination of the declarants.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
Adv#: 9:21-01002 White Winston Select Asset Funds, LLC v. Figueroa Mountain Brewery,
RE: [17] Motion to Dismiss Adversary Proceeding / Notice Of Motion And Motion To Dismiss Counterclaim Of Figueroa Mountain Brewing, LLC Against White Winston Select Asset Funds, LLC; Memorandum Of Points And Authorities In Support Thereof
FR. 6-2-21, 6-16-21
Docket 17
Ruling for June 16, 2021: Continued to 6/28/21 at 1:30 p.m.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Defendant(s):
Figueroa Mountain Brewery, LLC Represented By
Matthew A Lesnick
Movant(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Beth Ann R Young
White Winston Select Asset Funds, Represented By
Juliet Y Oh
Plaintiff(s):
White Winston Select Asset Funds, Represented By
1:30 PM
Eve H Karasik Beth Ann R Young
1:30 PM
Adv#: 9:21-01002 White Winston Select Asset Funds, LLC v. Figueroa Mountain Brewery,
RE: [1] Adversary case 9:21-ap-01002. Complaint by White Winston Select Asset Funds, LLC against Figueroa Mountain Brewery, LLC. LLC for Determination of the Validity, Extent and Priority of Liens and Amount of Claim - Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Karasik, Eve)
FR. 4-7-21, 5-26-21, 6-2-21, 6-16-21
Docket 1
Ruling for June 16, 2021: Continued to 6/28/21 at 1:30 p.m.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Defendant(s):
Figueroa Mountain Brewery, LLC Represented By
Matthew A Lesnick
Plaintiff(s):
White Winston Select Asset Funds, Represented By
Eve H Karasik Beth Ann R Young
1:30 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
1:30 PM
license (ABC License No. 316895) subject to section 24049 of the California business and
professional code and pursuant to 11 U.S.C. § 363(B)
Docket 110
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
Docket 132
- NONE LISTED -
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
3:00 PM
fr. 6/29/21 (1:30 p.m.)
Docket 132
- NONE LISTED -
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
3:00 PM
license (ABC License No. 316895) subject to section 24049 of the California business and
professional code and pursuant to 11 U.S.C. § 363(B) fr. 6/29/21 (1:30 p.m.)
Docket 110
Tentative Ruling for June 29, 2021
California Business & Professions Code § 24049 creates a property interest in favor of the State of California in the Debtors’ liquor license. In re Farmers Markets, Inc., 792 F.2d 1400 (9th Cir. 1986). The Debtors’ "estates took the liquor licenses subject to the State’s right to payment under that statute." Id. Debtors’ Schedules list debts owed to the California Employment Development Department (Grill Concepts, Nevada - $133,506.84), the California Franchise Tax Board (Grill Concepts, Nevada -
$211,049.87) and the California Department of Tax and Fee Administration (Grill Concepts, California - $73,714.31; PS on Tap - $28,681.38; GIC-MP -
$1,403.93). Based on these debts, it appears each of these taxing authorities has an interest in the liquor license the Debtors wish to sell. Debtors’ Notice of Motion (case dkt. 111) states the "[s]ale is free and clear of liens" which presumably means free and clear of the interests of the EDD, the FTB and the Department of Tax and Fee Administration. Federal Rule of Bankruptcy Procedure 6004(c) requires the Debtors to serve notice and the motion on "parties who have liens or other interests in the property to be sold." It is unclear from the record whether the Debtors have complied with Rule 6004(c). Docket number 110 is the Debtors’ Amended Memorandum of Points & Authorities, etc.; Declarations of Claude R. Cognian and Mike Brewer, etc. (the "Motion"). It is unclear who the Debtors served with the Motion as no proof of service is included. Docket number 111 is the Debtors’ amended notice of the Motion (the "Notice") which was served on the EDD and the FTB but does not appear to have been served on the Department of Tax and Fee Administration. It is also unclear whether the Debtors served the California Department of Alcoholic Beverage Control
3:00 PM
with either the Notice or the Motion. The Debtors should be prepared to address who was served with the Notice and the Motion and whether the Court can authorize the sale of the liquor license free and clear of the interests of the EDD, the FTB and the Department of Tax and Fee Administration.
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
RE: [18] Notice of Motion and Motion in Individual Case for Order Confirming Termination of Stay under 11 U.S.C. 362(j) or That No Stay is in Effect under 11
U.S.C. 362(c)(4)(A)(ii) 21650 Pacific Coast Highway, Malibu, CA 90265 with Proof of Service.
FR. 5-5-21, 5-26-21
Docket 18
Ruling for May 26, 2021
The Court will not approve this version of the stipulation with paragraph 3 in it. The Court will approve a stipulation removing paragraph 3.
The hearing is continued to June 30, 2021 at 10:00 a.m. which will come off calendar if the parties lodge a revised stipulation and the Court approves the revised stipulation.
Ruling for May 5, 2021
Continued to May 26, 2021 at 10:00 a.m. Movant to correct the service defects and file and serve a notice of continued hearing. Trustee to file supplemental briefing by May 14, 2021 on whether any stay is in effect.
Tentative Ruling for May 5, 2021
Movant to address whether it served the moving papers (docket nos. 18, 19, 20, & 22) on the debtor as required by Local Bankruptcy Rule 4001-1(c)(1)(C)(i) or only served debtor’s counsel. Movant and the chapter 7 trustee to address whether paragraph 3 of their Stipulation Among Chapter 7 Trustee and Creditor JP Morgan Chase Bank,
N.A. Granting Limited Relief from the Automatic Stay (docket no. 23) is contrary to the express language of Bankruptcy Code section 362(c)(4)(A)(i) and In re Nelson, 391 B.R. 437, 446 (B.A.P. 9th Cir. 2008) (by § 362(c)(4)(A)’s plain terms, no stay arose in Chapter 13 case either as to actions against debtors or their property or against property of the estate).
10:00 AM
Debtor(s):
Viktors Gusevs Represented By
R Grace Rodriguez
Movant(s):
JPMorgan Chase Bank, N.A. Represented By Robert A Hyatt
Trustee(s):
Jerry Namba (TR) Represented By Laila Masud
10:00 AM
Docket 135
Final Ruling for June 30, 2021: Denied as moot. The action was removed to this Court on June 17, 2021 and a status conference has been set for September 10, 2021 at 2:30 p.m. Appearances waived. The Movant shall lodge an order no later than July 7, 2021.
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan Richard W Brunette
Movant(s):
Kyle Athan Represented By
D Lisa Walker
10:00 AM
Docket 9
Tentative Ruling for June 30, 2021
Grant. No opposition filed. Appearances waived. Movant to lodge an order no later than July 6, 2021.
Debtor(s):
Adelia Rocha Emerson Represented By Christian J Younger
Movant(s):
Santander Consumer USA Inc. dba Represented By
Sheryl K Ith
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 50
Final Ruling for June 30, 2021
Approve requested fees and expenses, and authorize proposed payments. No objections filed; appearances waived. The trustee shall lodge a conforming order no later than July 7, 2021.
Debtor(s):
Miguel M Juarez Pro Se
Trustee(s):
Jerry Namba (TR) Represented By Paul F Ready
11:30 AM
Order to Show Cause Why Debtor Should Not be Held in Civil Contempt for Failure to Comply with Court Orders Compelling the Production of Documents and Turnover of Funds and Sanctioned for Such Failures
FR. 10-21-20, 12-3-20, 1-13-21, 2-19-21, 3-17-21, 5-5-21
Docket 126
Ruling for January 13, 2021: Continued to 2/19/21 at 11:30 a.m. The Trustee shall file a pleading in connection with the privilege issue by 1/29/21. Debtor must file response by 2/12/21. Reply is due no later than 2/17/21. Trustee must file a scheduling order which includes the excusal of Debtor's appearance. Also, the Court orders the parties to meet and confer (by phone or video) with respect to the privilege issue.
Ruling for October 21, 2020: Continued to 12/16/20 at 11:30 a.m. No later than 12/2/20, the Trustee should file a statement as to whether or not there has been further compliance. The Trustee's statement should also explain whether additional sanctions are necessary. No later than 12/9/20, the Debtor should file and serve a response. The Debtor should appear by video and audio, along with his counsel. Contempt order shall be held for 48 hours.
The Court finds Debtor in civil contempt for failure to timely comply with the turnover order. Funds were subject to turnover and no adequate demonstration by the Debtor that Debtor is incapable of complying with the order. The Court will allow the Debtor one last opportunity to purge contempt within 14 days of the entry of the contempt order. .
Also, with respect to failure of turnover of the funds, the Trustee was forced to bring the motion for an order to show cause. Debtor is responsible for the trustee's fees and costs in bringing the motion.
11:30 AM
Re the document request, the Court acknowledges there has been compliance with some of the requests. But the Court finds there has not been substantial compliance with the 2004 order. There has been an unjustified failure to timely respond. Debtor has 14 days to purge his contempt from the date of the entry of the contempt order.
Debtor(s):
Mahmood Jafroodi Represented By David Seror
Jessica L Bagdanov Ryan Coy
Trustee(s):
Jerry Namba (TR) Represented By Chad V Haes
D Edward Hays Laila Masud
11:30 AM
Docket 52
- NONE LISTED -
Debtor(s):
Jamie Feehan Represented By Shawn S White
Joint Debtor(s):
Heather Feehan Represented By Shawn S White
Trustee(s):
Jeremy W. Faith (TR) Represented By Meghann A Triplett Anna Landa
1:30 PM
RE: [145] Application for Compensation for Law Office of Jordan D. Hankey, Special Counsel, Period: 3/1/2020 to 5/31/2021, Fee: $7,232.50, Expenses:
$0.00.
Docket 145
Final Ruling for June 30, 2021: No opposition has been filed. Approve requested fees. Appearances waived. Applicant must lodge an order no later than July 7, 2021.
Debtor(s):
Craig Alan Lieberman Represented By Reed H Olmstead
1:30 PM
Docket 147
Final Ruling for June 30, 2021: No opposition has been filed. Approve requested fees. Appearances waived. Applicant must lodge an order no later than July 7, 2021.
Debtor(s):
Craig Alan Lieberman Represented By Reed H Olmstead
1:30 PM
Docket 149
Final Ruling for June 30, 2021: No opposition has been filed. Approve requested fees and expenses. Appearances waived. Applicant must lodge an order no later than July 7, 2021.
Debtor(s):
Craig Alan Lieberman Represented By Reed H Olmstead
1:30 PM
RE: [111] Application to Employ NOTICE OF MOTION OF DEBTOR FOR AN ORDER AUTHORIZING THE DEBTOR TO RETAIN, EMPLOY AND COMPENSATE CERTAIN PROFESSIONALS UTILIZED IN THE ORDINARY COURSE OF BUSINESS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF GARY GREENBERG IN SUPPORT THEREOF with
proof of service
Docket 111
- NONE LISTED -
Debtor(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
Nicholas A Koffroth Keith C Owens
Movant(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
Nicholas A Koffroth Keith C Owens
1:30 PM
RE: [111] Second Amended Plan of Reorganization for Small Business Under Chapter 11, Subchapter V
FR. 4-26-21
Docket 111
Ruling for June 30, 2021:
Ruling for April 26, 2021: Continued to 6/30/21 at 1:30 p.m. Debtor to file and serve notice of continued hearing, as well as any plan amendments, no later than 6/9/21. Any supplement to Jakks objection should be filed and served no later than 6/16/21. Jakks should file proposed language that clarifies that confirmation does not discharge creditors' claims against the Debtor's insiders or creditors' liens on the equity interests of the insiders. Reply papers to be filed by 6/23/21. Debtor should serve the IRS at the address on its proof of claim. Discovery to be shortened as follows: Document production to 14 days and depositions to 10 days. Jakks is required to lodge a conforming order. All parties must approve the form of order or file a notice of lodgement. The order will be held for 24 hours.
Debtor(s):
Citco Enterprises, Inc. Represented By Michael Jay Berger
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
RE: [119] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: JAKKS Pacific, Inc., et al. v. CitCo Enterprises, Inc., Caesar Ho; 20STCV07934. (Laurin, Paul)
FR. 4-26-21
Docket 119
Ruling for June 30, 2021:
Ruling for April 26, 2021: Continued to 6/30/21 at 1:30 p.m.
Debtor(s):
Citco Enterprises, Inc. Represented By Michael Jay Berger
Movant(s):
JAKKS Pacific, Inc., JAKKS Sales, Represented By
Paul J Laurin
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
RE: [408] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: Brewing Equipment .
FR. 4-26-21, 5-7-21, 5-26-21
Docket 408
Final Ruling for May 26, 2021: This matter is continued to June 30, 2021 at 1:30
p.m. unless the parties have resolved their dispute. The parties should contact chambers no later than June 23, 2021 to inform the Court if a settlement has been reached. Appearances are waived.
Ruling for April 26, 2021: Continued to 5/7/21 at 10:00 a.m.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Tank2Tap, LLC Represented By Ryan D Zick
1:30 PM
RE: [411] Motion to Allow Claim Notice of Motion and Motion for Allowance and Payment of Administrative Claim
FR. 4-26-21, 5-7-21, 5-26-21
Docket 411
Final Ruling for May 26, 2021: This matter is continued to June 30, 2021 at 1:30
p.m. unless the parties have resolved their dispute. The parties should contact chambers no later than June 23, 2021 to inform the Court if a settlement has been reached. Appearances are waived.
Ruling for April 26, 2021: Continued to 5/7/21 at 10:00 a.m.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Tank2Tap, LLC Represented By Ryan D Zick
1:30 PM
RE: [72] Application to Employ Conway MacKenzie, LLC as Financial Advisor Application to Retain and Employ Conway MacKenzie, LLC as Financial Advisor to the Debtor
Docket 72
- NONE LISTED -
Debtor(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
Nicholas A Koffroth Keith C Owens
2:30 PM
Adv#: 9:20-01041 NAMBA v. Kirby et al
RE: [1] Adversary case 9:20-ap-01041. Complaint by JERRY NAMBA against Jon Kirby, Kathy Crowder. ($350.00 Fee Charge To Estate). Nature of Suit: (14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)) (Beall, William)
FR. 9-30-20, 12-4-20, 3-10-21, 5-26-21
Docket 1
Appearances waived.
Ruling for September 30, 2020: Continued to 12/16/20 at 2:30 p.m. Updated joint status report must be filed by 12/2/20.
Debtor(s):
Janel Kirby Pro Se
Defendant(s):
Jon Kirby Represented By
Brian Nomi
Kathy Crowder Represented By Brian Nomi
2:30 PM
Plaintiff(s):
JERRY NAMBA Represented By William C Beall
Trustee(s):
Jerry Namba (TR) Represented By William C Beall
2:30 PM
Adv#: 9:19-01054 Namba v. Rasbe, Inc et al
RE: [1] Adversary case 9:19-ap-01054. Notice of Removal by Silverlake Park, LLC, Jerry Namba. (Attachments: # 1 Adversary Coversheet # 2 Notice of Status Conference # 3 Proof of Service) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)) (Pagay, Carmela)
FR. 12-4-19, 1-29-20, 2-10-20, 3-25-20, 5-20-20, 7-15-20, 9-30-20, 12-4-20,
1-20-21, 1-27-21, 4-7-21
Docket 1
Ruling for June 30, 2021:
Ruling for April 7, 2021: Continued to 6/30/21 at 2:30 p.m. Parties must file a joint status report by 6/23/21.
Ruling for February 2, 2021
Continued to April 7, 2021 @ 2:30 p.m.
Ruling for December 4, 2020:
Continued to January 20, 2021 at 2:30 p.m. to be heard with the Trustee's forthcoming motion to amend complaint. No updated status report is required.
Ruling for September 30, 2020: Continued to 12/16/20 at 2:30 p.m. Trustee to file and serve notice of continued status conference.
Ruling for July 15, 2020: Continued to 9/30/20 at 2:30 p.m. No joint status report is required.
2:30 PM
Ruling for May 20, 2020:
The last day to amend the pleadings and join parties, or obtain leave to do so, is January 31, 2021. The last day to file and serve case dispositive pre-trial motions is February 15, 2021. Status conference continued to July 15, 2020 at 2:30 p.m.
Plaintiff to lodge a scheduling order.
Ruling for 3/25/20: Discovery cut-off is 1/31/21. Continued status conference is 5/20/20 at 2:30 p.m. No new status report required. Parties may appear by phone at the continued status conference. Plaintiff's counsel should lodge a scheduling order.
Ruling for 2/10/20: Continued to 3/25/20 at 11:30 a.m.
Ruling for January 29, 2020:
Continued to 2/10/20 at 11:30 a.m., to coincide with the pending motion to dismiss the bankruptcy case. The Trustee shall serve all parties with notice of the continued status conference. APPEARANCES WAIVED ON JANUARY 29, 2020
Ruling for December 4, 2019:
Continued to 1/29/20 at 2:30 p.m. Trustee to serve all parties with notice of the continued status conference.
Debtor(s):
Rasbe, Inc Represented By
Khachik Akhkashian
Defendant(s):
Rasbe, Inc Pro Se
Sherr, LLC Pro Se
Komie, Inc. Pro Se
Emmet, Inc. Pro Se
2:30 PM
Benel, Inc. Pro Se
Kayam, Inc. Represented By
Matthew Abbasi
Rone Oren Represented By
Michael N Sofris
Cucamonga Inc. Pro Se
Laura Ballegeer Represented By Matthew Abbasi
DOES 1-29 inclusive Pro Se
Plaintiff(s):
Jerry Namba Represented By
Carmela Pagay Richard P Steelman Jr
Trustee(s):
Jerry Namba (TR) Represented By Timothy J Yoo Carmela Pagay
2:30 PM
Adv#: 9:20-01045 McBeth v. Borsack
Docket 23
Ruling for June 30, 2021:
Debtor(s):
Donald Carl Goldammer Pro Se
Defendant(s):
Carmen Corcoba Borsack Represented By Reed H Olmstead
Joint Debtor(s):
Yolanda Marie Goldammer Pro Se
Movant(s):
Sandra K. McBeth Represented By Felicita A Torres
Plaintiff(s):
Sandra K. McBeth Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder
2:30 PM
Adv#: 9:20-01045 McBeth v. Borsack
RE: [1] Adversary case 9:20-ap-01045. Complaint by Sandra K. McBeth against Carmen Corcoba Borsack. ($350.00 Fee Charge To Estate). - Adversary Proceeding Cover Sheet and Complaint to Sell Interest of Estate and of Co- Owner in Real Property Pursuant to 11 U.S.C.§ 363(h). Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Torres, Felicita)
FR. 10-21-20, 12-4-20, 2-10-21, 5-5-21
Docket 1
Ruling for June 30, 2021:
Ruling for February 10, 2021: Continued to 5/5/21 at 2:30 p.m. The following deadlines are set: the discovery cut off deadline is 6/1; Deadline for the filing of case dispositive motions is 7/1/21; and the deadline to hear these motions is 8/31/21.
Ruling for December 4, 2020:
Continued to February 10, 2021 at 2:30 p.m. A joint status report is due February 3, 2021.
Last day to complete discovery, including receipt of all discvoery requests, and to amend pleadings, or to seek leave to do so, is March 31, 2021.
Last day to file case-dispositive motions is April 14, 2021.
Last day for case-dispositive motions to be heard is May 26, 2021. The trustee to lodge a Rule 16 scheduling order.
Ruling for October 21, 2020: Continued to 12/16/20 at 2:30 p.m. Trustee should file and serve a notice of continued status conference.
2:30 PM
Debtor(s):
Donald Carl Goldammer Pro Se
Defendant(s):
Carmen Corcoba Borsack Pro Se
Joint Debtor(s):
Yolanda Marie Goldammer Pro Se
Plaintiff(s):
Sandra K. McBeth Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder
2:30 PM
Adv#: 9:20-01025 Verdi v. Beckstrand
RE: [1] Adversary case 9:20-ap-01025. Complaint by Cameron N Verdi against Dwight G Beckstrand . false pretenses, false representation, actual fraud)) ,(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury))
FR. 5-7-20, 8-26-20, 11-4-20, 1-20-21, 2-2-21, 3-17-21, 5-26-21
Docket 1
Ruling for February 2, 2021
Continued to March 17, 2021 at 2:30 p.m. Plaintiff may use this date and time for a motion for default judgment if the motion is timely filed.
Ruling for November 4, 2020: Continued to 1/20/21 at 2:30 p.m. Plaintiff may use this date and time for a motion for default judgment if the motion is timely filed. If Plaintiff files a motion for default judgment, then a status report is not required.
Tentative Ruling for August 26, 2020: Continued to 11/4/20 at 2:30 p.m. A status report must be filed no later than 10/21/20. Appearances are waived.
Ruling for May 7, 2020: Continued to 8/26/20 at 2:30 p.m.
2:30 PM
Debtor(s):
Dwight G Beckstrand Represented By Sandra McBeth
Defendant(s):
Dwight G Beckstrand Pro Se
Plaintiff(s):
Cameron N Verdi Pro Se
Trustee(s):
Jerry Namba (TR) Pro Se
2:30 PM
Adv#: 9:21-01011 Jordanos, Inc./Pacific Beverage Company v. White Winston Select Asset
RE: [1] Adversary case 9:21-ap-01011. Complaint by Jordanos, Inc./Pacific Beverage Company against White Winston Select Asset Funds, LLC. Felicita)
FR. 5-26-21
Docket 1
- NONE LISTED -
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Defendant(s):
White Winston Select Asset Funds, Pro Se
Plaintiff(s):
Jordanos, Inc./Pacific Beverage Represented By Felicita A Torres
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
2:30 PM
Adv#: 9:21-01013 Camel Financial, Inc. v. Flores
Docket 1
Ruling for June 30, 2021:
Debtor(s):
Mercedis Flores Represented By
Edmond Richard McGuire
Defendant(s):
Mercedis Flores Pro Se
Plaintiff(s):
Camel Financial, Inc. Represented By Jerome S Demaree
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
11:00 AM
Approving, on an interim basis, the stipulation authorizing chapter 11 trustee to continue using the cash collateral of the Gateway Four, LP bankruptcy estate upon the same terms and conditions as previously approved by the court;
Scheduling a final hearing on this motion and the stipulation; and
Granting related relief 6/15/21
Docket 365
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
11:00 AM
Authorizing the chapter 11 trustee to obtain further postpetition financing and continue to use cash collateral
Granting senior secured and other liens and superpriority claims
Granting adequate protection
Modifying the automatic stay and
Granting related relief
Docket 385
Debtor(s):
Gateway Four, LP Represented By Daniel M Shapiro Daniel J McCarthy
Trustee(s):
David Keith Gottlieb (TR) Represented By
Krikor J Meshefejian Ron Bender
1:30 PM
Adv#: 1:19-01048 Ismail v. Goldman et al
COUNTER CLAIM
Jasmin Ismail, Counter-Claimant, vs.
Nicole Goldman, an individual, Counter-Defendant
STIP TO CONTINUE FILED 5/27/21 - jc
fr. 6/27/19 @1:30 p.m; 6/27/19, 9/12/19; 11/14/19,
12/12/19, 2/6/20; 5/14/20(stip), 9/24/20; 1/7/21, 1/8/21,
2/4/21, 4/15/21
Docket 1
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Nicole Goldman Pro Se
Todd Harris Goldman Pro Se
Ostrich House, LLC Pro Se
Plaintiff(s):
Jasmin Ismail Represented By
Michael D Sobkowiak
1:30 PM
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan
1:30 PM
Adv#: 1:20-01118 Seror v. Goldman et al
Declaratory relief
Avoidance of fraudulent transfers with actual intent [11 USC. §§ 544(b)]
Avoidance of fraudulent transfers with actual intent [11 USC.§548(a)(1)(A)]
Avoidance of constructively fraudulent transfers
Recovery and preservation of avoided transfers
Conversion
Turnover
Accounting
Injunctive relief fr. 2/18/21, 4/15/21
Docket 5
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Todd Harris Goldman Pro Se
Maya Hamblet Pro Se
Matthew Roch Argall Pro Se
Roy Revivo Pro Se
Andrew Goldman Pro Se
David & Goliath, Inc. Pro Se
Nerf Pong Productions, LLC Pro Se
The Ross Art Group Inc. Pro Se
1:30 PM
Quality Art Auctions, Inc. Pro Se
Plaintiff(s):
David Seror Represented By
Annie Y Stoops Aram Ordubegian
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan Jessica L Bagdanov
2:30 PM
Adv#: 1:19-01048 Goldman et al v. Ostrich House, LLC, an Ohio corporation et al
STIP TO CONTINUE FILED 5/27/21 - jc
Docket 60
Debtor(s):
Todd Harris Goldman Represented By Matthew D. Resnik
Defendant(s):
Ostrich House, LLC, an Ohio Represented By
Michael D Sobkowiak
Todd Goldman Pro Se
Jasmin Ismail, an individual who Represented By
Michael D Sobkowiak
DOES 1 through 100, inclusive Pro Se
Plaintiff(s):
Nicole Goldman Represented By
Susan I Montgomery
Trustee(s):
David Seror (TR) Represented By Richard Burstein Jorge A Gaitan Jessica L Bagdanov Aram Ordubegian
2:30 PM
Annie Y Stoops Dylan J Yamamoto Jessica Wellington
2:30 PM
Adv#: 1:18-01016 Heidari v. Norouz
Docket 39
Debtor(s):
Maryam Nouri Norouz Represented By Stewart H Lim
Defendant(s):
Maryam Nouri Norouz Pro Se
Joint Debtor(s):
Nariman Norouz Represented By Stewart H Lim
Plaintiff(s):
Farzad Heidari Represented By Jeffrey E Karpel
Trustee(s):
Amy L Goldman (TR) Pro Se
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
Docket 116
- NONE LISTED -
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure Anthony N Ranieri
Trustee(s):
Diane C Weil (TR) Represented By David Seror Tamar Terzian
10:00 AM
license (ABC License No. 316895) subject to section 24049 of the California business and
professional code and pursuant to 11 U.S.C. § 363(B) fr. 6/29/21 (1:30 p.m.), 6/29/21
Docket 110
Ruling for June 29, 2021: Continued to 7/20/21 at 10:00 a.m. Debtors should file and serve notice of the continued hearing no later than 7/2. All taxing agencies, all parties affected by the motion, and all parties requesting special notice should receive notice of the continued hearing. All tax authorities must receive the entire motion.
Opposition due by 7/15/21. Reply due by 7/19/21.
Tentative Ruling for June 29, 2021
California Business & Professions Code § 24049 creates a property interest in favor of the State of California in the Debtors’ liquor license. In re Farmers Markets, Inc., 792 F.2d 1400 (9th Cir. 1986). The Debtors’ "estates took the liquor licenses subject to the State’s right to payment under that statute." Id. Debtors’ Schedules list debts owed to the California Employment Development Department (Grill Concepts, Nevada - $133,506.84), the California Franchise Tax Board (Grill Concepts, Nevada -
$211,049.87) and the California Department of Tax and Fee Administration (Grill Concepts, California - $73,714.31; PS on Tap - $28,681.38; GIC-MP -
$1,403.93). Based on these debts, it appears each of these taxing authorities has an interest in the liquor license the Debtors wish to sell. Debtors’ Notice of Motion (case dkt. 111) states the "[s]ale is free and clear of liens" which presumably means free and clear of the interests of the EDD, the FTB and the Department of Tax and Fee Administration. Federal Rule of Bankruptcy Procedure 6004(c) requires the Debtors to serve notice and the motion on "parties who have liens or other interests in the property to be sold." It is unclear from the record whether the Debtors have complied with Rule 6004(c). Docket number 110 is the Debtors’ Amended Memorandum of
10:00 AM
Points & Authorities, etc.; Declarations of Claude R. Cognian and Mike Brewer, etc. (the "Motion"). It is unclear who the Debtors served with the Motion as no proof of service is included. Docket number 111 is the Debtors’ amended notice of the Motion (the "Notice") which was served on the EDD and the FTB but does not appear to have been served on the Department of Tax and Fee Administration. It is also unclear whether the Debtors served the California Department of Alcoholic Beverage Control with either the Notice or the Motion. The Debtors should be prepared to address who was served with the Notice and the Motion and whether the Court can authorize the sale of the liquor license free and clear of the interests of the EDD, the FTB and the Department of Tax and Fee Administration.
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
11:00 AM
Docket 61
- NONE LISTED -
Debtor(s):
Robert B. Daley Represented By Mark M Sharf
Joint Debtor(s):
Lynne T. Daley Represented By Mark M Sharf
Trustee(s):
David Seror (TR) Represented By Richard Burstein Talin Keshishian Steven T Gubner
11:00 AM
Docket 64
Final Ruling for July 20, 2021
Approve requested fees and expenses, and authorize proposed payments. No objections filed; appearances waived. The trustee shall lodge a conforming order no later than July 27, 2021.
Debtor(s):
Robert B. Daley Represented By Mark M Sharf
Joint Debtor(s):
Lynne T. Daley Represented By Mark M Sharf
Trustee(s):
David Seror (TR) Represented By Richard Burstein Talin Keshishian Steven T Gubner
11:00 AM
Docket 278
Tentative Ruling for July 20, 2021
Grant. No opposition filed. Proof of Claim 11-2 is allowed only as a general unsecured claim. Proof of Claim 22-1 is allowed as a secured claim but is not entitled to receive distributions from the estate. Trustee to lodge an order by July 27,
2020. Appearances waived.
Debtor(s):
Freshstart Home Solutions, LLC Represented By
Candice Candice Bryner
Trustee(s):
Jason M Rund (TR) Represented By Thomas H Casey
11:00 AM
remaining balance of DIP account and post-conversion rents fr. 5/11/21
Docket 489
Debtor(s):
Mohammad Sadegh Namazikhah Represented By
Raymond H. Aver
Trustee(s):
David Seror (TR) Represented By Nancy H Zamora
11:00 AM
Docket 151
Final Ruling for July 20, 2021
Because the Movant, Michael Petersen, filed his reply in support of the Motion, on July 15, 2021 and two days after the deadline for such papers to be filed, the hearing on the Motion is continued to July 27, 2021 at 11:00 a.m. No appearances required on July 20, 2021.
Debtor(s):
Haim Malka Represented By
Mark E Goodfriend
Trustee(s):
Diane C Weil (TR) Pro Se
11:00 AM
FRBP 2016 and 2017 and turnover of estate property under § 542 fr. 5/11/21
Docket 83
Ruling for May 11, 2021: Continued to 7/20/21 at 11:00 a.m. Mr. Ure must file any supplemental pleadings by 5/28/21, including his LBR form
F2016-1.4.ATTY.COMP.DISCLSR and an unpdated Rule 2014 statement. If Mr. Ure wants to withdraw as counsel of record for the Debtor, he needs to also file a motion to withdraw. Joint status report may be filed two weeks prior to the hearing. If Mr.
Ure files a unilateral status report, then he may file it one week prior to the hearing.
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure
Trustee(s):
Diane C Weil (TR) Represented By David Seror Tamar Terzian
11:00 AM
Docket 148
- NONE LISTED -
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure Anthony N Ranieri
Trustee(s):
Diane C Weil (TR) Represented By David Seror Tamar Terzian
11:00 AM
Docket 142
- NONE LISTED -
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure Anthony N Ranieri
Trustee(s):
Diane C Weil (TR) Represented By David Seror Tamar Terzian
1:30 PM
services rendered and reimbursement of expenses on behalf of Law Office of Lionel E. Giron for period: 4/23/2020 to 5/7/2021, fee: $14,792.50, expenses: $171.00.
fr. 5/28/21, 6/15/21
Docket 144
Final Ruling for July 20, 2021: Debtor has complied with the Court's instructions. No opposition was filed. Approve requested fees and expenses. Appearances are waived. Debtor must lodge a conforming order no later than July 27, 2021.
Ruling for June 15, 2021
Continued to July 20, 2021 at 1:30 p.m.
Counsel to file and serve a notice of continued hearing.
Debtor(s):
Jose Jesus Ortiz Represented By Lionel E Giron
Crystle Jane Lindsey Joanne P. Sanchez
1:30 PM
Docket 105
Ruling for May 28, 2021: Continued to 7/20/21 at 1:30 p.m. Debtor to file and serve notice of continuance. Supplement should be filed by 7/13/21. Debtor should be current with all U.S. Trustee compliance items by 7/13/21.
Ruling for April 27, 2021: Continued to 5/28/21 at 1:30 p.m. Debtor must file a complete post-confirmation status report by 5/21/21. Debtor should also set the motion to close the case for 5/28/21 at 1:30 p.m.
Debtor(s):
Erum Kolsy Represented By
Lionel E Giron Crystle Jane Lindsey Joanne P. Sanchez
1:30 PM
Docket 235
Tentative Ruling for July 20, 2021
Grant. No opposition filed. Fees and expenses approved on a final basis. Applicant to lodge an order by July 27, 2020. Appearances waived.
Debtor(s):
Ross Friedman Represented By Stella A Havkin
Trustee(s):
Andrew W. Levin (TR) Pro Se
1:30 PM
Docket 205
- NONE LISTED -
Debtor(s):
Jay B. Reznick Represented By James R Selth Daniel J Weintraub
Crystle Jane Lindsey
Trustee(s):
Gregory Kent Jones (TR) Pro Se
1:30 PM
Docket 1
Ruling for April 27, 2021: Bar date is set for 7/9/21. Debtor should serve notice of the bar date by 5/7/21. Status conference continued to 7/20/21 at 1:30 p.m. Updated status report is due by 7/7/21. Debtor should also lodge a scheduling order.
Debtor(s):
Vali Kermani-Arab Represented By Matthew D. Resnik
Joint Debtor(s):
Pari Farhang Kermani Represented By Matthew D. Resnik
1:30 PM
Docket 1
Tentative Ruling for July 20, 2021
In its status report, the Debtor concedes no purpose is served by maintaining this chapter 11 case in light of Romspen’s foreclosure of its lien on the property. The Court is inclined to issue an OSC re dismissal. Appearances required.
Debtor(s):
Credit Suisse Alternative Capital, Represented By
William H Brownstein
1:30 PM
Docket 104
- NONE LISTED -
Debtor(s):
Nilsa Quintana Represented By Lionel E Giron
Crystle Jane Lindsey Joanne P. Sanchez
1:30 PM
fr. 6/11/19; 9/11/19, 10/23/19, 12/11/19, 1/22/20, 3/17/20, 5/13/20, 6/8/20, 9/2/20, 9/14/20. 11/10/20, 12/9/20; 1/19/21,
2/3/21; 4/13/21
Docket 1
Ruling for April 13, 2021: Continued to 7/20/21 at 1:30 p.m.
Ruling for February 3, 2021:
Continued to April 13, 2021 at 1:30 p.m.
Ruling for December 9, 2020: Continued to 1/19/21 at 1:30 p.m.
Final Ruling for November 10, 2020: Continued to 12/9/20 at 1:30 to trail the hearing on the disclosure statement. Debtor should file and serve a notice of continued hearing no later than 11/17/20. No updated status report is required.
Ruling for 9/14/20: Continued to 11/10/20 at 1:30 p.m. Debtor should file and serve a notice of continued hearing. No updated status report is required for the continued status conference.
Ruling for June 8, 2020: Deadline to file plan and disclosure statement is 7/31/20. Continued to 9/2/20 at 1:30 p.m. This date may also be used for disclosure statement hearing if there's at least 42 days notice of the hearing.
Ruling for May 13, 2020:
Continued to June 8, 2020 at 1:30
1:30 PM
May 13, 2020
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through June 30, 2020 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
Final Ruling for March 17, 2020: The chapter 11 status conference is continued to 5/13/20 at 1:30 p.m. Also, the evidentiary hearing which is currently scheduled for 3/31/20 at 10:00 a.m. is continued as a status conference to 5/13/20 at 1:30 p.m.
Appearances for the 3/17/20 status conference are waived.
Ruling for January 22, 2020: Continued to 3/17/20 at 1:30 p.m. No new status report is required. However, the parties may file a status report to update the Court.
Ruling for 12/11/19: Cont. to 1/22/20 at 1:30 p.m. Court will do the order continuing the matter. All parties must be present at the continued hearing.
Ruling for 10/23/19:
Continued to December 11, 2019 at 1:30 p.m.
Ruling for 9/11/19: Cont. to 10/23/19 at 1:30 p.m. No new status report needed. Debtor must file and serve notice of continued status conference.
Ruling for June 11, 2019:
The chapter 11 status conference is continued to September 11, 2019 at 1:30 pm. Appearances on June 11, 2019 are excused.
The debtor shall promptly lodge an order: (i) establishing August 23, 2019 as the general bar date in this case, (ii) directing the debtor to serve notice of the bar date on
1:30 PM
the required local form no later than June 21, 2019; and (iii) establishing September 27, 2019 as the deadline to file a chapter 11 plan and disclosure statement.
The debtor also shall file and serve on all creditors a notice of continued chapter 11 status conference.
Debtor(s):
Nilsa Quintana Represented By Lionel E Giron
1:30 PM
period: 8/1/2020 to 1/31/2021 fee: $3,412.50, expenses: $0.
Docket 200
Tentative Ruling for July 20, 2021: Given the objection of the United States Trustee has been resolved, the interim fee application is conditionally approved on the entry of the order approving Mr. Seigel's employment application. As the continued hearing on the employment application is set for July 27, 2021, the Applicant should lodge a conforming order on the fee application concurrent with the order on the employment application after the July 27, 2021 hearing. Appearances are waived.
Debtor(s):
Jaguar Distribution Corp. Represented By Zev Shechtman
John N Tedford IV Michael G D'Alba
1:30 PM
general counsel period: 11/1/2020 to 5/31/2021 fee: $76,797.00, expenses: $460.81.
Docket 204
Tentative Ruling for July 20, 2021: Approve fees and costs requested. No opposition was filed. Appearances waived.
Debtor(s):
Jaguar Distribution Corp. Represented By Zev Shechtman
John N Tedford IV Michael G D'Alba
1:30 PM
for allowance and payment of fees and expenses period: 11/14/2020 to 5/31/2021
fee: $16,760.00, Expenses: $37.20
Docket 205
Tentative Ruling for July 20, 2021: Approve fees and costs requested. No opposition was filed. Appearances waived.
Debtor(s):
Jaguar Distribution Corp. Represented By Zev Shechtman
John N Tedford IV Michael G D'Alba
1:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Jaguar Distribution Corp. Represented By Zev Shechtman
John N Tedford IV Michael G D'Alba
1:30 PM
Docket 28
Tentative Ruling for July 20, 2021
Deny approval of the disclosure statement as the plan is patently unconfirmable. The obligor on the promissory note secured by the property is non-debtor Maria G. Castillo, rather than the Debtor. The plan violates 11 U.S.C. § 524(e) by attempting to discharge Castillo’s personal liability under the note, and thus 11 U.S.C. § 1129(a)(1), which states that the plan must comply with all applicable provisions of this title. The plan is thus patently unconfirmable. It does not appear that there are any amendments the Debtor could propose to make this plan confirmable because the Debtor is not the obligor on the debt. Therefore the disclosure statement will not be
approved. Appearances required.
Debtor(s):
Parmelee Investments LLC Represented By Matthew Abbasi
1:30 PM
Docket 1
Tentative Ruling for July 20, 2021
Because the debt secured by the property is owed by non-debtor Maria G. Castillo, rather than the Debtor, and because the property is the only asset in the estate, it does not appear that the Debtor can propose a confirmable plan. The Court is inclined to issue an OSC re dismissal. Appearances required.
Ruling for February 16, 2021: Continued to 5/28/21 at 1:30 p.m. The bar date is set for 4/16/21. Debtor must file and serve a bar date notice no later than 2/23/21. The deadline to file a plan and disclosure statement is 5/4/21. If this deadline is met, then no new status report is required. If Debtor is unable to file a timely plan and disclosure statement, then Debtor must file a status report and a motion to continue the plan and disclosure statement deadline. Debtor must lodge a scheduling order.
Debtor(s):
Parmelee Investments LLC Represented By Matthew Abbasi
1:30 PM
Approving sale of certain assets pursuant to 11 U.S.C. §363(b)(1)
Approving and implementing bidding procedures, if necessary
Waiving the 14-day stay period set forh In bankruptcy rule 6004(H) and
Granting related relief
Docket 106
NONE LISTED -
Debtor(s):
Orby TV, LLC Represented By Ron Bender
Krikor J Meshefejian
1:30 PM
Approving sale of certain assets free and clear of all liens, claims encumbrances and other interests pursuant to asset purchase agreement, subject to overbidding
Approving and implementing bidding procedures, if necessary
Waiving the 14-day stay period set forh in bankruptcy rule 6004(h)
Granting related relief
Docket 109
NONE LISTED -
Debtor(s):
Orby TV, LLC Represented By Ron Bender
Krikor J Meshefejian
1:30 PM
Docket 112
NONE LISTED -
Debtor(s):
Orby TV, LLC Represented By Ron Bender
Krikor J Meshefejian
1:30 PM
Docket 1
Ruling for April 27, 2021: Continued to 7/20/21 at 1:30 p.m. Updated status report is due by 7/13/21.
Debtor(s):
Orby TV, LLC Represented By Ron Bender
Krikor J Meshefejian
1:30 PM
Docket 149
NONE LISTED -
Debtor(s):
Super Calidad Auto Sales, Inc. Represented By Louis J Esbin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
1:30 PM
Docket 138
NONE LISTED -
Debtor(s):
Super Calidad Auto Sales, Inc. Represented By Louis J Esbin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
1:30 PM
Docket 140
NONE LISTED -
Debtor(s):
Super Calidad Auto Sales, Inc. Represented By Louis J Esbin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
1:30 PM
Docket 141
Ruling for April 27, 2021: Debtor must comply with Rule 1009(a). Debtor should provide the creditors 30 days notice to file a proof of claim. Debtor must file a third amended plan and notice, including Zoom information, no later than 6/8/21.
Confirmation hearing on 3rd Amended plan is 7/20/21 at 1:30 p.m. Any objections and evidence in support thereof should be filed by 7/6/21. Ballots should be returned by 7/6/21. Debtor should file a confirmation brief and evidence in support thereof no later than 7/13/21.
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m.
Debtor to file and serve a 2d amended plan by February 24, 2021. Objections to confirmation to be filed by March 12, 2021. Replies to be filed by March 19, 2021. Debtor to lodge a scheduling order.
Debtor(s):
Super Calidad Auto Sales, Inc. Represented By Louis J Esbin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
1:30 PM
9/2/20, 9/14/20; 9/22/20; 10/27/20, 2/16/21, 3/23/21,
4/2/21, 4/27/21
Docket 1
Ruling for April 27, 2021: Continued to 7/20/21 at 1:30 p.m.
Ruling for 10/27/20: Continued to 2/16/21 at 1:30 p.m. Debtor to file and serve a notice of continued status conference.
Ruling for September 22, 2020:
Continued to October 27, 2020 @ 1:30 pm
Debtor(s):
Super Calidad Auto Sales, Inc. Represented By Louis J Esbin
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
2:30 PM
COASTLINE RE HOLDINGS CORP AND PACIFIC WESTERN BANK
fr. 6/15/21(stip)
Docket 354
NONE LISTED -
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Gregory Kent Jones (TR) Pro Se
2:30 PM
fr. 12/11/19; 1/22/20 (stip), 2/19/20; 5/13/20 (stip) advanced fr. 6/10/20, 6/8/20, 9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20. 12/8/20, 2/16/21, 2/17/21,
3/26/21, 5/28/21; 6/15/21(stip)
Docket 59
Ruling for March 26, 2021:
Continued to May 28, 2021 at 1:30 p.m.
Ruling for February 17, 2021
Continued to March 26, 2021 @ 10:00 a.m.
Ruling for December 8, 2020
Continued to February 16, 2021 @ 1:30 p.m. If Movants choose withdraw this Motion and file a new Motion with new grounds for relief, those papers must be filed by January 26, 2021. Debtors' response will be due February 2, 2021 and any supplemental reply will be due February 9, 2021.
Ruling for November 9, 2020
Continued to December 8, 2020 @ 1:30 p.m.
Ruling for October 1, 2020:
Continued to November 6, 2020 at 10:00 a.m.
Ruling for June 8, 2020: Continued to 9/2/20 at 1:30 p.m. 8/19/20 is deadline for Movant to file supplement. 8/26/20 is the deadline for the Debtor to respond. The
2:30 PM
parties are ordered to meet and confer on a discovery schedule within the next 10 days.
Ruling for 2/19/20:
Continued to May 13, 2020 at 1:30 p.m.
Ruling for December 11, 2019
Continued to 1/22/20 at 1:30 p.m.
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
2:30 PM
fr. 11/13/19 (stip) ; 12/11/19 (stip); 1/22/20 (stip); 4/1/20(stip); 5/13/20 (stip)
advanced fr. 6/10/20, 6/8/20, 9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20, 12/8/20, 2/16/21, 2/17/21; 3/26/21, 5/28/21; 6/15/21(stip)
Docket 41
Ruling for March 26, 2021:
Continued to May 28, 2021 at 1:30 p.m.
Ruling for February 17, 2021
Continued to March 26, 2021 @ 10:00 a.m.
Ruling for December 8, 2020
Continued to February 16, 2021 @ 1:30 p.m. to trail the amended disclosure statement.
Ruling for November 9, 2020
Continued to December 8, 2020 @ 1:30 p.m.
Ruling for October 1, 2020:
Continued to November 6, 2020 at 10:00 a.m.
Ruling for June 8, 2020: Continued to 9/2/20 at 1:30 p.m. However, no new
2:30 PM
briefing is ordered. This will be a status conference on the motion.
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
2:30 PM
Docket 346
NONE LISTED -
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Gregory Kent Jones (TR) Pro Se
2:30 PM
Docket 328
Ruling for March 26, 2021:
The Court conditionally approves the disclosure statement subject to the following: Debtors to correct the errors noted by the Court, update the administrative priority claims, the current amount of the Judgment Creditors' claims (the Judgment Creditors are require to send counsel for the Debtors updated calculations within seven days), the reference to the Judgment Creditors' remedies on default should clarify that notices required under state law are "if any," and the amount of the new value contribution (including redlines) by April 16, 2021. The Debtors' lodged disclosure statement should allow creditors four weeks after solicitation packages are served to submit their ballots. Deadlines for objections and confirmation briefs will be set at the
Confirmation is deemed to be a contested manner under FRBP 9014. Counsel to confer on a discovery plan in the next seven days. Discovery to be completed by May 28, 2021. Continued to May 28, 2021 at 1:30 p.m. as a pre-trial conference re: confirmation. The Court will issue an order re: what the parties are required to file as a joint pre-trial stipulation.
Ruling for February 17, 2021
Continued to March 26, 2021 @ 10:00 a.m. Debtors to file their amended disclosure statement and plan by March 19, 2021. Objections may be presented orally at the hearing.
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
2:30 PM
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Gregory Kent Jones (TR) Pro Se
2:30 PM
fr. 9/10/19, 12/11/19, 1/22/20, 3/19/20, 5/13/20, 6/8/20,
9/2/20; 9/14/20(stip), 10/1/20; 11/6/20; 11/9/20. 12/8/20,
2/16/21, 2/17/21; 3/26/21, 5/28/21; 6/15/21(stip)
Docket 1
Ruling for March 26, 2021:
Continued to May 28, 2021 at 1:30 p.m.
Ruling for February 17, 2021
Continued to March 26, 2021 @ 10:00 a.m.
Ruling for December 8, 2020
The Rule 2015.3 reports which were due in September 2020 must be filed by December 22, 2020.
Debtors amended disclosure statement and amended plan, including redlines, to be filed by January 26, 2021. Objections to the amended disclosure statement to be filed by February 2, 2021. Debtors reply to any such objections to be filed by February 9, 2020. A hearing on the forthcoming amended disclosure statement will be held February 16, 2021 @ 1:30 p.m.
The status conference is continued to February 16, 2021 @ 1:30 p.m.
Ruling for November 9, 2020
Continued to December 8, 2020 @ 1:30 p.m.
Ruling for October 1, 2020:
Continued to November 6, 2020 at 10:00 a.m.
Ruling for June 8, 2020: Plan confirmation hearing set for 9/2/20 at 1:30 p.m.
2:30 PM
Deadline for objections to plan confirmation is 8/19/20. Deadline for the Debtor to file a brief in support of confirmation and response to objections is 8/26/20. No new status report needed.
Ruling for May 13, 2020:
Continued to June 8, 2020 at 1:30 p.m. Debtor to file and serve a notice of continuance.
May 13, 2020
Based on United States District Court Chief Judge’s Orders No. 20-042 and 20-05 closing all of the courthouses to the public, and United States Bankruptcy Court Second Amended General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through June 30, 2020 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 882-6878 or (866) 582-6878. Additional details are available by visiting their website: https://courtcall.com.
Ruling for December 11, 2019
Continued to 1/22/20 at 1:30 p.m.
Ruling for September 10, 2019
The application to employ the Orantes Law Firm is set for hearing on October 7, 2019 at 1:30 p.m. The Orantes Law Firm shall files its supplemental brief by September 23, 2019 on the issues identified by the Court during the status conference. Any opposition shall be filed by September 30, 2019.
The bar date is set for November 1, 2019. Notice of the bar date to be filed and served by September 17, 2019.
Continued to December 11, 2019 at 1:30 p.m. Dtr to file and serve a notice of continued status conference. Dtr to file an updated status report by November 27, 2019.
Debtor(s):
Pierrick Brillouet Represented By
2:30 PM
Giovanni Orantes
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes
3:30 PM
fr. (10:00 am)
Docket 116
NONE LISTED -
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure Anthony N Ranieri
Trustee(s):
Diane C Weil (TR) Represented By David Seror Tamar Terzian
3:30 PM
FRBP 2016 and 2017 and turnover of estate property under § 542 fr. 5/11/21, 7/20/21 (11:00 a.m).
Docket 83
Ruling for May 11, 2021: Continued to 7/20/21 at 11:00 a.m. Mr. Ure must file any supplemental pleadings by 5/28/21, including his LBR form
F2016-1.4.ATTY.COMP.DISCLSR and an unpdated Rule 2014 statement. If Mr. Ure wants to withdraw as counsel of record for the Debtor, he needs to also file a motion to withdraw. Joint status report may be filed two weeks prior to the hearing. If Mr.
Ure files a unilateral status report, then he may file it one week prior to the hearing.
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure
Trustee(s):
Diane C Weil (TR) Represented By David Seror Tamar Terzian
3:30 PM
fr. 7/20/21 (11:00 a.m.)
Docket 148
NONE LISTED -
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure Anthony N Ranieri
Trustee(s):
Diane C Weil (TR) Represented By David Seror Tamar Terzian
3:30 PM
fr. 7/20/21 (11:00 a.m.)
Docket 142
NONE LISTED -
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure Anthony N Ranieri
Trustee(s):
Diane C Weil (TR) Represented By David Seror Tamar Terzian
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
NONE LISTED -
10:00 AM
RE: Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM re: Diane Nguyen v.
Saing Dombrowski , Santa Barbara Superior Court Case No. 20CV02448
Docket 9
Tentative Ruling for July 21, 2021:
Movant failed to serve any of the moving papers on the Debtor as required by Local Bankruptcy Rule 4001-1(c)(1)(C)(i), which expressly requires service on both "the debtor and debtor’s attorney." Additionally, the Debtor’s attorney filed a limited scope of appearance stating the representation does not include relief from stay matters. Case Dkt. 53-54. Movant only served the moving papers on the debtor’s attorney, which is insufficient.
Movant alleges the Debtor filed this chapter 7 case in bad faith. In the Ninth Circuit, it is not required that chapter 7 debtors file their petitions in "good faith." In re Padilla, 222 F.3d 1184, 1194 (9th Cir. 2000) ("[B]ad faith as a general proposition does not provide ‘cause’ to dismiss a Chapter 7 petition under § 707(a)"). Movant also asserts that the Debtor filed this case in bad faith because she failed to file either schedules or a Statement of Financial Affairs. In fact, contrary to Movant’s allegations, Debtor filed her schedules and her Statement of Financial Affairs on April 20, 2021. Case Dkt. 1 at 9 – 46.
Finally, Movant is instructed to re-file both motions with all pages in non- landscape format. Page 6 of both docket number 9 and docket number 10 were filed in landscape format.
By a separately entered order, the Court will deny without prejudice Movant’s Motion to Dismiss Chapter 7 Case as a bad faith filing based on In re Padilla, 222 F.3d 1184, 1194 (9th Cir. 2000). Case Dkt. 11.
10:00 AM
Debtor(s):
Diane D Nguyen Represented By Nam T Tran
Movant(s):
Saing Dombroski Represented By Megan N Bowker
Trustee(s):
Jerry Namba (TR) Pro Se
10:00 AM
RE: Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM re: Saing Dombrowski v. Diane Nguyen, Santa Barbara Superior Court Case No. 21CV00955
Docket 10
Tentative Ruling for July 21, 2021:
Movant failed to serve any of the moving papers on the Debtor as required by Local Bankruptcy Rule 4001-1(c)(1)(C)(i), which expressly requires service on both "the debtor and debtor’s attorney." Additionally, the Debtor’s attorney filed a limited scope of appearance stating the representation does not include relief from stay matters. Case Dkt. 53-54. Movant only served the moving papers on the debtor’s attorney, which is insufficient.
Movant alleges the Debtor filed this chapter 7 case in bad faith. In the Ninth Circuit, it is not required that chapter 7 debtors file their petitions in "good faith." In re Padilla, 222 F.3d 1184, 1194 (9th Cir. 2000) ("[B]ad faith as a general proposition does not provide ‘cause’ to dismiss a Chapter 7 petition under § 707(a)"). Movant also asserts that the Debtor filed this case in bad faith because she failed to file either schedules or a Statement of Financial Affairs. In fact, contrary to Movant’s allegations, Debtor filed her schedules and her Statement of Financial Affairs on April 20, 2021. Case Dkt. 1 at 9 – 46.
Finally, Movant is instructed to re-file both motions with all pages in non- landscape format. Page 6 of both docket number 9 and docket number 10 were filed in landscape format.
By a separately entered order, the Court will deny without prejudice Movant’s Motion to Dismiss Chapter 7 Case as a bad faith filing based on In re Padilla, 222 F.3d 1184, 1194 (9th Cir. 2000). Case Dkt. 11.
10:00 AM
Debtor(s):
Diane D Nguyen Represented By Nam T Tran
Movant(s):
Saing Dombroski Represented By Megan N Bowker
Trustee(s):
Jerry Namba (TR) Pro Se
10:00 AM
Docket 8
Tentative Ruling for July 21, 2021
Grant. No opposition filed. Movant to lodge an order within seven days. Appearances waived.
Debtor(s):
Michael S. Stevens Represented By Brent D George
Movant(s):
Cab West, LLC Represented By Sheryl K Ith
Trustee(s):
Sandra McBeth (TR) Pro Se
10:00 AM
Docket 13
NONE LISTED -
Debtor(s):
Antonio Anguiano Ortega Represented By
Ronda Baldwin-Kennedy
Movant(s):
Amos Mahrer Represented By John K Rounds
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [17] Motion to Reopen Chapter 7 Case by Stipiulation between Debtor, Jared Falk and Logix Credit Union. A. Lysa)
FR. 3-17-21, 5-26-21
Docket 17
Ruling for March 17, 2021: Continued to 5/26/21 at 11:30 a.m. Supplemental briefing is due no later than 5/12/21.
Debtor(s):
Jared Adam Falk Represented By Kevin T Simon
Movant(s):
LOGIX FEDERAL CREDIT Represented By
A. Lysa Simon
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [24] Motion to Convert Case From Chapter 7 to 13. and proof of service
Docket 24
NONE LISTED -
Debtor(s):
Susan Gallardo Represented By Janet A Lawson
Movant(s):
Susan Gallardo Represented By Janet A Lawson
Trustee(s):
Sandra McBeth (TR) Represented By William C Beall
11:30 AM
Docket 36
Tentative Ruling for July 21, 2021
Grant. No opposition filed. Trustee to lodge an order within seven days.
Debtor(s):
Susan Gallardo Represented By Janet A Lawson
Trustee(s):
Sandra McBeth (TR) Represented By William C Beall
1:30 PM
$31,896.50, Expenses: $327.35.
Docket 248
Tentative Ruling for July 21, 2021
Grant. No opposition filed. Fees and expenses approved on a final basis. Applicant to lodge an order within seven days. Appearances waived.
Debtor(s):
Steven Gregory Ow Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
Steven Gregory Ow Represented By Matthew D. Resnik Matthew D. Resnik
Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia
1:30 PM
Chapter 11 Status Conference
FR. 12-18-19, 3-25-20, 4-29-20, 7-1-20, 8-26-20, 11-18-20
FR. 1-20-21, 1-27-21, 4-7-21
Docket 1
Ruling for April 7, 2021: Continued to 7/21/21 at 1:30 p.m.
Ruling for February 2, 2021
Continued to April 7, 2021 at 1:30 p.m.
Ruling for November 18, 2020
Continued to 1/20/20 @ 1:30 p.m. No new status report is required. Debtor can set his motion to dismiss the case for the same date and time provided 21 days notice is provided to all creditors.
Ruling for August 26, 2020: Continued to 11/18/20 at 1:30 p.m.
Ruling for April 29, 2020: Continued to 7/1/20 at 1:30 p.m. Debtor should file an updated status report by 6/17/20. Court will prepare an order regarding the extension of the disclosure statement and plan deadline and the continued status conference date.
Ruling for 3/25/20: Continued to 4/29/20 at 1:30 p.m. Court will prepare an order.
Ruling for December 18, 2019
The claims bar date will be February 15, 2020. Debtor must serve notice of the bar date by December 27, 2019 on the mandatory local rules form.
The deadline for the Debtor to object to claims will be March 13, 2020.
The deadline for the Debtor to file his initial plan and disclosure statement will be
1:30 PM
March 13, 2020.
A continued chapter 11 status conference will be held on March 25, 2020 at 1:30 p.m. Provided Debtor has filed a disclosure statement and plan on March 13, 2020, no updated status report needs to be filed and served. The Court will prepare a scheduling order memorializing these dates. The Debtor will be responsible for serving all creditors with the entered scheduling order.
Debtor(s):
Steven Corl Decker Pro Se
1:30 PM
RE: [1] Chapter 11 Voluntary Petition Individual. Janet Lawson) FR. 4-7-21
Docket 1
Ruling for April 7, 2021: The Court sets a general bar date of 5/28/21. Debtor must use the mandatory form for the notice of the bar date. Debtor must serve the bar date notice no later than 4/16/21. The status conference is continued to 7/21/21 at 1:30
p.m. Debtor must file a brief updated status report by 7/13/21.
Debtor(s):
Eileen Lazar Represented By
Janet A Lawson
1:30 PM
Adv#: 9:21-01006 Lazar v. AIS Capital Investments, Inc. et al
RE: [1] Adversary case 9:21-ap-01006. Complaint by Eileen Lazar against AIS Capital Investments, Inc., open door lending. ($350.00 Fee Charge To Estate). Nature of Suit: (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Lawson, Janet)
FR. 5-5-21
Docket 1
Ruling for May 5, 2021: Continued to 7/21/21 at 1:30 p.m. Plaintiff should file a scheduling order. The deadline to amend pleadings, join other parties, and the discovery cutoff is 9/30/21. The deadline to file case dispositive motions is 10/27/21. Parties must complete one day of mediation before 9/30/21.
Debtor(s):
Eileen Lazar Represented By
Janet A Lawson
Defendant(s):
AIS Capital Investments, Inc. Represented By Edward T Weber
open door lending Pro Se
Elena B Kogan Represented By Edward T Weber
Lil' Wave Financial dba Open Door Represented By
Edward T Weber
Plaintiff(s):
Eileen Lazar Represented By
1:30 PM
Janet A Lawson
2:30 PM
Adv#: 9:19-01076 Faith, Chapter 7 Trustee v. MacDonald et al
RE: [1] Adversary case 9:19-ap-01076. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Joan R. MacDonald, Joan R. MacDonald, as Trustee of the Chamberlain-MacDonald Living Trust dated May 29, 1993. (Charge To Estate). Complaint For: (1) Avoidance of Actual Fraudulent Transfers [11 U.S.C. §§ 544, 548(a)(1)(A); Cal. Civ. Code §§ 3439.04, 3439.07, 3439.09]; (2) Avoidance of Fraudulent Transfers [11 U.S.C. § 544, 548(a)(1)(B); Cal. Civ. Code §§ 3439.05, 3439.07, 3439.09]; and (3)Recovery of Avoided Transfers [11 U.S.C.§ 550] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Madoyan, Noreen)
FR. 1-15-20, 3-11-20, 5-20-20, 8-26-20, 11-18-20, 12-4-20, 2-10-21
Docket 1
Ruling for February 10, 2021: Continued to 7/21/21 at 2:30 p.m. The following litigation dates have been set: 5/14/21 is the deadline to join other parties and amend pleadings; 5/14/21 is the deadline for discovery; 6/2/21 is the deadline for case dispositive pretrial motions to be filed; and 7/21/21 is the last day for pre-trial motions to be heard. Plaintiff should lodge a scheduling order.
Ruling for August 26, 2020: Continued to 11/18/20 at 2:30 p.m.
Ruling for May 20, 2020:
Status conference continued to 8/26/20 @ 2:30 p.m. A joint status report to be filed by 8/12/20. The last day to amend the pleadings and join other parties is 9/11/20. The last day for discovery to be completed, including receiving responses to discovery requests, is 9/11/20. The last day for case dispositive pretrial motions is 9/30/20. The last date for such motions to be heard is 11/18/20. Plaintiff to lodge a scheduling
2:30 PM
order.
Ruling for March 11, 2020: Continued to 5/20/20 at 2:30 p.m. Updated status report must be filed two weeks prior to the status conference.
Tentative Ruling for March 11, 2020
Appearance by telephone is authorized for all parties.
Debtor(s):
Jeffrey Paul Chamberlain Represented By Heidi Hohler
Defendant(s):
Joan R. MacDonald Represented By Robert D Bass
Joan R. MacDonald, as Trustee of Pro Se
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Noreen A Madoyan Meghann A Triplett Anna Landa
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan Meghann A Triplett
2:30 PM
Adv#: 9:19-01080 Quintero v. Staudenbaur et al
RE: [1] Adversary case 9:19-ap-01080. Complaint by Quintero Angela against Maria L Staudenbaur, Eric C Staudenbaur. domestic support)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(65 (Dischargeability - other)) (White, Shawn)
Docket 1
Ruling at May 5, 2021 Status Conference: Pre-trial conference is set for 7/21/21 at 2:30 p.m. Joint pre-trial stipulation is due 7/7/21.
Debtor(s):
Eric C Staudenbaur Represented By Daniel King John D Faucher
Defendant(s):
Maria L Staudenbaur Represented By John D Faucher
Eric C Staudenbaur Represented By John D Faucher
Joint Debtor(s):
Maria L Staudenbaur Represented By Daniel King John D Faucher
Plaintiff(s):
Angela Quintero Represented By
2:30 PM
Trustee(s):
Shawn S White
Jeremy W. Faith (TR) Pro Se
2:30 PM
Adv#: 9:20-01025 Verdi v. Beckstrand
Exhibits Part 6 # 10 Exhibits Part 7 # 11 Exhibits Part 8 # 12 Exhibits Part 9) (Handy, Brad)
Docket 25
NONE LISTED -
Debtor(s):
Dwight G Beckstrand Represented By Sandra McBeth
Defendant(s):
Dwight G Beckstrand Pro Se
Movant(s):
Cameron N Verdi Pro Se
Plaintiff(s):
Cameron N Verdi Pro Se
Trustee(s):
Jerry Namba (TR) Pro Se
2:30 PM
Adv#: 9:20-01025 Verdi v. Beckstrand
RE: [1] Adversary case 9:20-ap-01025. Complaint by Cameron N Verdi against Dwight G Beckstrand . false pretenses, false representation, actual fraud)) ,(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury))
FR. 5-7-20, 8-26-20, 11-4-20, 1-20-21, 2-2-21, 3-17-21, 5-26-21
Docket 1
Ruling for February 2, 2021
Continued to March 17, 2021 at 2:30 p.m. Plaintiff may use this date and time for a motion for default judgment if the motion is timely filed.
Ruling for November 4, 2020: Continued to 1/20/21 at 2:30 p.m. Plaintiff may use this date and time for a motion for default judgment if the motion is timely filed. If Plaintiff files a motion for default judgment, then a status report is not required.
Tentative Ruling for August 26, 2020: Continued to 11/4/20 at 2:30 p.m. A status report must be filed no later than 10/21/20. Appearances are waived.
Ruling for May 7, 2020: Continued to 8/26/20 at 2:30 p.m.
2:30 PM
Debtor(s):
Dwight G Beckstrand Represented By Sandra McBeth
Defendant(s):
Dwight G Beckstrand Pro Se
Plaintiff(s):
Cameron N Verdi Pro Se
Trustee(s):
Jerry Namba (TR) Pro Se
2:30 PM
Adv#: 9:20-01024 Ramirez et al v. Jafroodi
RE: [1] Adversary case 9:20-ap-01024. Complaint by Carolina Ramirez, Luis Angel Colunga Gocabar, Nelly Gonzales, Margarita Hernandez, Rigoberto Saavedra, Liney Silva against Mahmood Jafroodi. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(65 (Dischargeability - other)) (Guevara Zamora, Cecilia)
FR. 4-29-20, 7-15-20, 9-16-20, 1-20-21, 2-2-21, 3-17-21, 5-26-21
Docket 1
The parties are required to file and serve an updated status report no later than 5/12/21.
Ruling for February 2, 2021
Continued to March 17, 2021 at 2:30 p.m. Joint status report is due March 3, 2021.
Ruling for September 16, 2020: Continued to 1/20/21 at 2:30 p.m. Plaintiffs must
2:30 PM
file and serve a notice of continued status conference.
Ruling for 7/15/20: Continued to 9/16/20 at 2:30 p.m. An updated status report is not required. Plaintiff must file and serve a notice of continued status conference.
Ruling for 4/29/20:
Status conference continued to July 15, 2020 at 2:30 p.m. Plaintiff to file and serve a notice of continued status conference. The parties must file an updated status report by July 1, 2020. The Defendant's motion to dismiss is also continued to July 15, 2020 at 2:30 p.m. The Defendant shall file and serve a notice of continued hearing. All the response deadlines regarding that motion will be based on the July 15, 2020 hearing date.
Debtor(s):
Mahmood Jafroodi Represented By David Seror
Jessica L Bagdanov Ryan Coy
Defendant(s):
Mahmood Jafroodi Represented By David Seror Ryan Coy
Plaintiff(s):
Carolina Ramirez Represented By
Cecilia Guevara Zamora Ezra Kautz
Luis Angel Colunga Gocabar Represented By
Cecilia Guevara Zamora Ezra Kautz
Nelly Gonzales Represented By
Cecilia Guevara Zamora
2:30 PM
Ezra Kautz
Margarita Hernandez Represented By
Cecilia Guevara Zamora Ezra Kautz
Rigoberto Saavedra Represented By
Cecilia Guevara Zamora Ezra Kautz
Liney Silva Represented By
Cecilia Guevara Zamora Ezra Kautz
Trustee(s):
Jerry Namba (TR) Represented By Chad V Haes
D Edward Hays Laila Masud
2:30 PM
Adv#: 9:20-01033 Castle Real Estate Investments LLC v. Hershman et al
RE: [1] Adversary case 9:20-ap-01033. Complaint by Castle Real Estate Investments LLC against Michael A. Hershman, Linda J. Hershman. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Webb, Larry)
FR. 7-15-20, 8-26-20, 1-13-21, 3-17-21
Docket 1
Ruling for March 17, 2021:
Continued as a status conference to July 21, 2021 at 2:30 p.m. Plaintiff to file and serve written notice, including ZoomGov information.
Ruling for August 26, 2020: Continued to 1/13/21 at 2:30 p.m.; Updated status report should be filed no later than 1/4/21. Plaintiff must lodge a scheduling order which includes the following dates:
Last day for discovery to be completed - 11/6/20;
Last day to join other parties and to amend pleadings - 11/6/20; Last day to file case dispositive motions - 11/25/20; and
Last day for hearings on the case dispositive motions - 1/13/21.
Debtor(s):
Michael A. Hershman Represented By Brent D George
Defendant(s):
Michael A. Hershman Pro Se
Linda J. Hershman Pro Se
2:30 PM
Joint Debtor(s):
Linda J. Hershman Represented By Brent D George
Plaintiff(s):
Castle Real Estate Investments LLC Represented By
Larry D Webb
Trustee(s):
Jeremy W. Faith (TR) Pro Se
2:30 PM
RE: [1] Chapter 7 Involuntary Petition Against an Individual Michael I. Gauss. (Filed by attorney Robert M Yaspan, Petitioning Creditors: Rasel, Ltd., Consul Group RE 2021, S.R.L, NEEW TNG fka RSW Investments Group Ltd, SWIG AMERICA CONSULTING, LLC, Arteam Consult, Ltd, Genius of Wealth, LLC, and SWIG International Ltd.)
FR. 2-10-21, 2-19-21, 4-7-21
Docket 1
Ruling for February 19, 2021
Continued to 4/7/21 @ 11:30 a.m.
Debtor(s):
Michael I. Gauss Represented By Matthew A Lesnick
2:30 PM
Adv#: 9:21-01014 Player's Poker Club, Inc. v. Hofer Vineyards, LLC et al
Docket 9
NONE LISTED -
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan
Defendant(s):
Hofer Vineyards, LLC Represented By Bret G Anderson
Hofer Properties, LLC Pro Se
Movant(s):
Player's Poker Club, Inc. Represented By Michael S Kogan
Player's Poker Club, Inc. Represented By Michael S Kogan
Plaintiff(s):
Player's Poker Club, Inc. Represented By Michael S Kogan
2:30 PM
Adv#: 9:21-01014 Player's Poker Club, Inc. v. Hofer Vineyards, LLC et al
Docket 11
NONE LISTED -
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan
Defendant(s):
Hofer Vineyards, LLC Represented By Bret G Anderson
Hofer Properties, LLC Pro Se
Movant(s):
Player's Poker Club, Inc. Represented By Michael S Kogan
Player's Poker Club, Inc. Represented By Michael S Kogan
Plaintiff(s):
Player's Poker Club, Inc. Represented By Michael S Kogan
2:30 PM
Adv#: 9:21-01014 Player's Poker Club, Inc. v. Hofer Vineyards, LLC et al
RE: [1] Adversary case 9:21-ap-01014. Complaint by Player's Poker Club, Inc. against Hofer Vineyards, LLC, Hofer Properties, LLC. ($350.00 Fee Charge To Estate). Nature of Suit: (91 (Declaratory judgment)),(14 (Recovery of money/property - other)),(14 (Recovery of money/property - other)),(14 (Recovery of money/property - other)) (Kogan, Michael)
Docket 1
NONE LISTED -
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan
Defendant(s):
Hofer Vineyards, LLC Represented By Bret G Anderson
Hofer Properties, LLC Pro Se
Plaintiff(s):
Player's Poker Club, Inc. Represented By Michael S Kogan
1:30 PM
Docket 155
Ruling for June 15, 2021
Continued to 7/27/21 @ 1:30 p.m.
The deadline for objections to the disclosure statement filed on 6/15/21 is 7/13/21. The Debtor's reply is due 7/23/21.
Ruling for April 13, 2021: Continued to 6/15/21 at 1:30 p.m. 5/18/21 is the deadline to file 2nd amended plan and disclosure statement. 5/25/21 is the deadline to object.
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m.
Debtor to file and serve an amended disclosure statement and plan, with redlines, by March 2, 2021. Debtor to also file a notice of continued hearing and that any objections are due by March 15, 2021.
Debtor(s):
Robert James Roon II Represented By
R Grace Rodriguez
1:30 PM
fr. 3/5/19; 4/30/19; 5/28/19, 8/14/19; 9/11/19, 12/11/19, 2/5/20, 3/17/20, 4/1/20; 5/13/20; 6/30/20, 10/1/20, 11/20/20,
12/9/20, 2/3/21, 4/13/21, 6/15/21
Docket 1
Ruling for June 15, 2021
Continued to 7/27/21 @ 1:30 p.m. The Court will issue an OSC re conversion or dismissal and set the hearing on that OSC for 7/27/21.
Ruling for April 13, 2021: Continued to 6/15/21 at 1:30 p.m.
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m.
Ruling for December 9, 2020: A hearing on the disclosure statement is set for 2/3/21 at 1:30 p.m. Debtor must file and serve a notice of disclosure statement hearing no later than 12/14/20. The notice of the hearing must identify the docket numbers of the disclosure statement. The notice should also provide that objections are due no later than 1/20/21. The status conference is continued to 2/3/21 at 1:30
p.m. Updated status report is not required. Debtor must lodge a scheduling order.
Ruling for November 20, 2020: Continued to 12/9/20 at 1:30 p.m.
Ruling for 10/1/20:
Continued to November 20, 2020 at 1:30 p.m. The Court will issue an OSC re dismissal.
1:30 PM
Ruling for June 30, 2020
Continued to October 1, 2020 at 1:30 p.m. No new status report is required.
The deadline for the Debtor to file a disclosure statement and plan is September 1, 2020.
Ruling for April 1, 2020: Continued to 5/13/20 at 1:30 p.m.
April 1, 2020
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (888-882-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for February 5, 2020: Continued to 3/17/20 at 1:30 p.m. Court will issue an OSC re why this case should not be dismissed.
Ruling for December 11, 2019
Continued to February 5, 2020 at 1:30 p.m. The status report must be filed and served on January 22, 2020. The Court sanctions counsel $150 for failing to file and serve a chapter 11 status report.
Ruling for 9/11/19: Debtor must lodge a scheduling order and continue s/c to 12/11/19 at 1:30 p.m. Debtor must file his plan and disclosure statement by 10/30/19 and may use 12/11/19 as the hearing on his disclosure statement.
Ruling for August 14, 2019:
1:30 PM
Continued to September 11, 2019 at 1:30 p.m.
Ruling for May 28, 2019:
Debtor shall file and serve a FRBP 9019 motion re: the two cash collateral stipulations. Debtor shall file a FRBP 2015.3 financial report re: Global Moto Outlet, Inc.
Continued to August 14, 2019 at 1:30 p.m. Debtor to file an updated status report on July 31, 2019 addressing a timeline for a plan and disclosure statement.
Ruling for 4/30/19: Bar date amended to 6/28/19. Bar date notice to be served by 5/3/19. File and serve notice of continued status conference by 5/3/19. File amended status report with attached deed of trust no later than 5/10/19. If not done, the Court will dismiss the case. Continued to 5/28/19 at 1:30 p.m.
Ruling for March 5, 2019
The general bar date is May 10, 2019. Debtor to serve the bar date notice by March 15, 2019. Continued to April 30, 2019 at 1:30 p.m. Updated status report to be filed by April 16, 2019. Debtor to file and serve notice of the continued status conference.
Debtor(s):
Robert James Roon II Represented By
R Grace Rodriguez
1:30 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
NONE LISTED -
1:30 PM
Adv#: 1:21-01026 Disisto v. de Rothschild
Docket 1
NONE LISTED -
Debtor(s):
Richard J Disisto Represented By Andrew Goodman
Defendant(s):
Monroe Jacques de Rothschild Pro Se
Plaintiff(s):
Richard J. Disisto Represented By Larry Slade Kurt Ramlo
Trustee(s):
David Seror (TR) Pro Se
1:30 PM
Adv#: 1:20-01003 GOTTLIEB v. Campbell
recovery of money / property - § 548.fraudulent transfer
recovery of money / property - other
fr. 3/19/20, 6/25/20, 6/26/20, 8/13/20, 8/21/20,10/29/20; 1/21/21; 3/26/21
Docket 3
Appearances waived.
Ruling for March 26, 2021: Matter has settled. Status conference continued to 7/22/21 at 1:30 p.m.
Ruling for October 29, 2020:
Continued to January 21, 2021 at 1:30 p.m.
Ruling for August 21, 2020:
Continued to October 29, 2020 at 1:30 p.m.
Ruling for 6/26/20: Continued to 8/13/20 at 2:30 p.m. No new status report required.
Ruling for 3/19/20: Continued to 6/25/20 at 1:30 p.m. Trustee shall file a motion for default judgment before that date. Trustee should set the motion for default judgment
1:30 PM
for 6/25/20 at 1:30 p.m. If this is done, then no updated status report is needed.
March 19, 2020
Telephonic Hearing Only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT
(866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Penthouse Global Media, Inc. Represented By Michael H Weiss
Defendant(s):
Robert Campbell Pro Se
Plaintiff(s):
DAVID K GOTTLIEB Represented By Bradley E Brook
Trustee(s):
David Keith Gottlieb (TR) Represented By
Linda F Cantor ESQ Jeffrey L Kandel Iain A W Nasatir Bradley E Brook
1:30 PM
Adv#: 1:20-01004 GOTTLIEB v. Holland et al
recovery of money/property - 548 fraudulent transfer other actions that would have been brought in state court if unrelated to bankruptcy
fr. 3/19/20, 6/25/20, 6/26/20, 8/13/20, 8/21/20, 10/29/20, 1/21/21; 3/26/21
Docket 1
Appearances waived.
Ruling for March 26, 2021: Matter has settled. Status conference continued to 7/22/21 at 1:30 p.m.
Ruling for October 29, 2020:
Continued to January 21, 2021 at 1:30 p.m.
Ruling for August 21, 2020:
Continued to October 29, 2020 at 1:30 p.m.
Ruling for 6/26/20: Continued to 8/13/20 at 2:30 p.m. Trustee should file a notice of continued status conference.
Ruling for 3/19/20: Continued to 6/25/20 at 1:30 p.m. Updated joint status report
1:30 PM
must be filed by 6/11/20.
Debtor(s):
Penthouse Global Media, Inc. Represented By Michael H Weiss
Defendant(s):
Kelly Holland Pro Se
Revideo, Inc. Pro Se
Plaintiff(s):
DAVID K GOTTLIEB Represented By Bradley E Brook
Trustee(s):
David Keith Gottlieb (TR) Represented By
Linda F Cantor ESQ Jeffrey L Kandel Iain A W Nasatir Bradley E Brook
1:30 PM
Adv#: 1:21-01008 Seror, Chapter 7 Trustee v. Rubanenko et al
fr. 3/26/21, 5/27/21
Docket 1
NONE LISTED -
Debtor(s):
Heaven Hospice Inc. Represented By Michael Jay Berger
Defendant(s):
Adam Rubanenko Pro Se
Roy Rubanenko Pro Se
Plaintiff(s):
David Seror, Chapter 7 Trustee Represented By Ryan Coy
Trustee(s):
David Seror (TR) Represented By Jessica L Bagdanov Ryan Coy
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
NONE LISTED -
10:00 AM
fr, 11/10/20, 2/2/20, 2/3/21, 4/27/21, 6/15/21
Docket 29
Ruling for June 15, 2021
The Court sets an evidentiary hearing on the Dodson RFS Motion for 7/23/21 @ 10:00 a.m. The evidentiary hearing will begin with direct testimony. All witnesses must have access to all exhibits.
7/9/21 at 5:00 p.m. - deadline for the parties to file simultaneous witness lists and to email all exhibits to each other and to chambers. Dodson will use numbers and the Debtor will use letters.
7/16/21 - deadline for the parties to file any evidentiary objections.
Ruling for April 27, 2021: Continued to 6/15/21 at 1:30 p.m. Debtor must file and serve a notice of continued status conference. The requirement for an updated status report is waived.
Ruling for February 3, 2021:
Continued to April 27, 2021 at 1:30 p.m. Dtr to serve and file a notice of continued status conference.
10:00 AM
Debtor(s):
E.B.J.T. Enterprise, LLC Represented By Matthew Abbasi
1:30 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
1:30 PM
Docket 171
NONE LISTED -
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
Authorizing assumption of unexpired lease of nonresidential real property Sherman Oaks; and
Fixing cure amount and payment terms thereto
Docket 168
NONE LISTED -
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
Docket 1
Tentative Ruling for July 26, 2021
The Order Granting Debtors’ Ex Parte Motion for Order Limiting Service of Notice of Certain Matters ("Order Limiting Notice") allows the Debtors to satisfy the requirement that the 20 largest unsecured creditors be served by serving only the 20 largest unsecured creditors on a consolidated basis. Case Dkt. 13 at ¶ 2(4). It is unclear whether the Debtors have filed a list of the 20 largest unsecured creditors on a consolidated basis.
In cases such as these where no committee has been appointed, chapter 11 status reports must be served on the 20 largest unsecured creditors. Case Dkt. 165 at ¶ 1. Based on the Court’s review of the Debtors’ schedules and the claims filed in these cases as of the July 7, 2021 general bar date, it appears that the following creditors are among the 20 largest unsecured creditors, on a consolidated basis, and were not served with the July 13, 2021 status report:
Matcal, LLC (scheduled unsecured claim of $37,117,220)
Sara Castilleja on behalf of herself and "all aggrieved employees" (Grill Concepts, Inc. (NV) POC #21 for $11,643,608)
Christine Rodriguez on behalf of herself and "all aggrieved employees" (Grill Concepts, Inc. (NV) POC #22 $3,513,740)
Karina Mott (Grill Concepts, Inc. (NV) POC #1 $3,000,000)
IA Lodging Houston Galleria (Grill Concepts Mgmt POC3 $369,410) Westlake Promenade (Grill Concepts, Inc. (CA) POC #11 $245,119)
1:30 PM
KLST 15300 Ventura (Grill Concepts, Inc. (CA) POC #8 $231,679) José Pea (Grill Concepts, Inc. (NV) POC #9 $220,000)
Bartley McPhail (Grill Concepts, Inc. (CA) scheduled unsecured claim of
Additionally, once a creditor files a proof of claim, Federal Rule of Bankruptcy Procedure 2002(g)(1)(A) requires that all subsequent notices be addressed to the mailing address designated on the filed proof of claim. The following creditors were served with the status report but not on the agents designated or at the addresses specified in the filed proof of claim:
Address in POC:
Nicholas Marcus
Bryan Cave Leighton Paisner, LLP 161 North Clark Street, Suite 4300
Chicago 60601
Address on Debtors’ proof of service: Bank of America
333 S. Hope St.
Los Angeles, CA 90071 Attn: Marc Hamud
Address in POC:
Mario A. Romine, Esq. Turnberry Associates
19501 Biscayne Blvd. Suite 400
Aventura, FL 33180 &
Rober L. LeHane
Kelley Drye & Warren LLP
1:30 PM
175 Greenwich Street
New York 10007
Address on Debtors’ proof of service: Aventura Mall Venture/fbo
Lehman Brothers Bank FSB PO Box 865006
Orlando, FL 32886 Attn: George Radu
Address in POC:
Douglas B. Rosner Goulston & Storrs, PC 400 Atlantic Avenue
Boston 02110
Address on Debtors’ proof of service CA Colorado Center Ltd
PO Box 847113
Los Angeles, CA 90084 Attn: Alexander Cameron
The Debtors should be prepared to address these service issues.
Ruling for June 3, 2021:
Continued to 7/26/21 @ 1:30 p.m. Dtrs to file an updated status report by 7/12/21.
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
DAN B. SELLECK; TGC PENSION PLAN; NVS INVESTMENTS, LLC ROJO SOLO 401K TRUST; ITA SERVICES TRUST CO
fr. 6/15/21
Stip to continue filed 7/23/21
Docket 119
Ruling for June 15, 2021
Continued to July 27, 2021 at 10:00 a.m. to see what progress the trustee has made to sell the Property and collect the post-petition rents.
Debtor(s):
Valley Enterprises T.S. Inc Represented By Thomas B Ure Anthony N Ranieri
Trustee(s):
Diane C Weil (TR) Represented By David Seror Tamar Terzian
11:00 AM
fr. 7/20/21
MOTION FOR CONTINUANCE FILED 7/20/21 - jc
Docket 151
Final Ruling for July 20, 2021
Because the Movant, Michael Petersen, filed his reply in support of the Motion, on July 15, 2021 and two days after the deadline for such papers to be filed, the hearing on the Motion is continued to July 27, 2021 at 11:00 a.m. No appearances required on July 20, 2021.
Debtor(s):
Haim Malka Represented By
Mark E Goodfriend
Trustee(s):
Diane C Weil (TR) Pro Se
1:30 PM
Docket 132
- NONE LISTED -
Debtor(s):
Wesley DeVaughn Randall Represented By Onyinye N Anyama
1:30 PM
fees and/or expenses for Giovanni Orantes, period: 2/11/20 to 4/30/21 fee: $70780.00, expenses: $997.46.
Docket 369
- NONE LISTED -
Debtor(s):
Pierrick Brillouet Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Yong Chu Kim-Brillouet Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Gregory Kent Jones (TR) Pro Se
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[dkt 161] and [163] fr. 4/13/21, 6/15/21
Docket 161
Final Ruling for 7/27/21: Based on the stipulation resolving the United States Trustee's objection to the application to employ Greg M. Seigel as Debtor's tax accountant, the Court approves Mr. Seigel's employment. This matter is deemed moot and taken off calendar. Appearances waived.
Ruling for April 13, 2021: Approval of stipulation is vacated. Continued to 6/15/21 at 1:30 p.m.
Debtor(s):
Jaguar Distribution Corp. Represented By Zev Shechtman
John N Tedford IV Michael G D'Alba
1:30 PM
Docket 117
Tentative Ruling for July 27, 2021:
Grant. No opposition filed; appearances waived. The moving party shall lodge an order within seven days of the hearing.
Debtor(s):
Orby TV, LLC Represented By Ron Bender
Krikor J Meshefejian
1:30 PM
Docket 1
Ruling for April 27, 2021: Bar date is set for 6/28/21. Debtor should serve bar date notice by 5/10/21. Continued to 5/11/21 at 1:30 p.m.
No new status report is needed. Plan and disclosure statement must be filed no later than 9/30/21.
Debtor(s):
80X3 Corp Represented By
Stephen L Burton
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fr. 5/26/20, 8/12/20, 8/17/20, 10/1/20, 2/2/20,
2/3/21, 3/23/21, 4/6/21, 7/28/21 (advanced)
Docket 148
Ruling for April 6, 2021:
Continued to July 27, 2021 at 1:30 p.m.
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m. Debtors to file an updated post confirmation status report supported by a declaration by March 16, 2021.
Ruling for 10/1/20:
Confirmed as to the second amended plan at docket number 148. The lodged confirmation order must express how the plan has been modified by the stipulation with Wells Fargo and state, verbatim, the terms which change the plan, e.g., the paragraph at page X is revised to state Y. Alternatively, the Debtors may file a modified second amended plan, redlined. The Court will not hold the lodged confirmation order for seven days. A post-confirmation status conference will be held on February 2, 2021 at 1:30 p.m and a post-confirmation status report complying with LBR 3020-1(b) by January 19, 2021.
Ruling for August 17, 2020
Debtors' motion to modify the first amended plan is granted.
The confirmation hearing is continued to October 1, 2020 at 1:30 p.m. By September 10, 2020, the Debtors shall file and serve a clean and redlined Second Amended Plan and Disclosure Statement addressing the payment of the postpetition property taxes and who is reponsible for paying property taxes and insurance going forward, declarations from both Debtors in support of confirmation, an unpdated Exhibit A1
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cash flow projections and notice of the continued hearing. Any objections to confirmation of the Second Amended Plan shall be filed, along with admissible evidence, by September 17, 2020. Debtors' reply thereto shall be filed by September 24, 2020. The Debtors shall lodge a scheduling order.
Ruling for May 26, 2020: Amended plan and supporting evidence must be filed by 7/17/20. Continued to 8/12/20 at 1:30 p.m.
Debtor(s):
Rosalinda Del Socorro Mendoza Represented By
Lionel E Giron Crystle Jane Lindsey Merdaud Jafarnia Joanne P Sanchez
Joint Debtor(s):
Jose Padilla Saldivar Represented By Lionel E Giron
Crystle Jane Lindsey Merdaud Jafarnia Joanne P Sanchez
1:30 PM
Docket 86
- NONE LISTED -
Debtor(s):
Brian Anthony Veskosky Represented By Michael R Totaro
Trustee(s):
Susan K Seflin (TR) Pro Se
1:30 PM
Docket 49
Ruling for May 28, 2021: Revised plan to be filed and served by 6/4/21. 7/2/21 deadline to receive ballots and objections to confirmation. 7/13/21 is the deadline to file and serve a confirmation brief and evidence in support of confirmation. Plan confirmation hearing is 7/27/21 at 1:30 p.m.
Ruling for April 2, 2021:
Tentative adopted. If Debtor needs more time it can file a brief motion to extend the deadlines below.
Liquidation Analysis. The liquidation analysis in section I.C is cursory, incomplete and unacceptable. A liquidation analysis needs to account for all of the debtor's property and estimate the amount that would be yielded for each of those assets if liquidated in a hypothetical chapter 7.
The brief discussion here acknowledges that the Debtor has equity interests in various businesses but makes no attempt to value those interests if they were liquidated by a chapter 7 trustee. In a single sentence, this section mentions a property and something about costs of sale, but to someone other than a bankruptcy lawyer this
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sentence is unintelligible. Further, no other information is given about the Debtor's other tangible and intangible property interests. This is not an adequate liquidation analysis.
The liquidation analysis should illustrate the "waterfall" of distribution in a hypothetical chapter 7 case. This is most effectively done in an exhibit (i.e., a detailed chart), together with detailed explanatory text. No such exhibit was provided, even though it is clearly contemplated by Official Form 425A. Moreover, the text explains very little.
The Debtor must amend the Plan to include a real liquidation analysis. The analysis should, at a minimum, account for all of the Debtor's assets, identify estimated liquidation values and the basis for those values for each asset or category of assets, identify each of the secured creditors and the amounts of their claims, estimate all administrative expenses in a chapter 7 liquidation of the estate, estimate the amount of priority unsecured claims, estimate the amount of unsecured claims, and show the "math."
Class 1 Priority Tax Claim: In Article 2, dealing with "Classification of Claims and Interests," the Plan states that Class 1 priority claims will be paid within 24 months of the effective date under the Plan. In Article 3, dealing with "Treatment of Claims and Interests," the Plan states that Class 1 priority claims will be paid in full on the Effective Date. The Debtor must fix this inconsistency. The Court notes that Article 2 should not contain any treatment information in any event, as that section should only address classification.
Franchise Tax Board, Proof of Claim #1: The FTB filed a proof of claim on December 11, 2020. The claim is listed as secured in the amount of
$32,407.69. Upon the filing of the claim, it was deemed allowed. 11 U.S.C. § 502(a). The Plan, however, fails to address this claim in any way. Was it simply an oversight? Does the Debtor intend to object to the claim and obtain an adjudication prior to confirmation? If not, how does the plan propose to deal with it? These issues must be clarified.
Class 2 Secured Claims. These subsections are ambiguous. Are you purporting to describe the existing terms of these secured claims? Or the modified
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terms of these claims, following treatment under the plan? This must be clarified.
Class 3. The Debtor contends there are just two allowed claims in Class 3. The Plan should specifically identify the holders of these claims by name and the amounts at which those claims are allowed. The Court notes that the Debtor has scheduled a series of disputed claims in very significant amounts. Although claims that are scheduled as disputed in a chapter 11 case are not deemed allowed, see 11
U.S.C. § 1111(a), the Court believes that the additional specificity is warranted—so it is absolutely clear which unsecured creditors the plan is proposing to pay.
Class 3 Impairment? The Plan fails to state whether Class 3 is impaired. It appears from the Plan that the class is impaired and should be designated accordingly.
Voting Classes. Subject to the foregoing, the Plan generally identifies which classes are impaired but fails to identify which classes are entitled to vote.
Executory Contract/Unexpired Lease. The Plan asserts that the Debtor has no executory contracts or unexpired leases. The Debtor, however, identifies a vehicle lease in his Schedule G, the Schedule of Executory Contracts and Unexpired Leases. Why the discrepancy? Either the Plan or Schedule G must be amended.
Effective Date Funding Requirements. The Plan should—but does not—identify the amount of cash necessary to satisfy all claims that will be due on the occurrence of the effective date of the Plan. The Court believes this is an important element of the Plan. In connection with confirmation, and satisfying his burden with respect to feasibility, the Debtor will have to show that the funds are available to satisfy this amount.
Administrative Expense Claims. The text of section 3.01 is nonsensical. It says that there are no unclassified administrative expense claims. In the next section, section 3.02, the Plan states that there are unclassified administrative expense claims, i.e., administrative expenses of the Sub V trustee. Why did the Debtor deviate here from the text of Official Form 425A with respect to section 3.01? What was the Debtor trying to achieve? Section 3.01 is inconsistent with section 3.02 (and common sense) and should be corrected.
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Further, Section 3.02 is infirm on its face for multiple reasons. First, it provides
no treatment for any administrative expense claim. Treatment must be specified. Second, it identifies no administrative expense claims other than the Sub V trustee. This is not plausible. What about counsel? Is counsel working for free? What about administrative tax claims and other obligations that arose in the ordinary course of the Debtor's affairs during the case? Third, it is inadequate to say the Sub V fees are not known. The Debtor should endeavor to get an estimate from the Sub V trustee and the Sub V trustee should accommodate such a request.
180 Day Income and Expense Projections. These projections are potentially confusing to creditors because they do not clearly reflect all payments that will be due under the plan and do not clearly show whether the Debtor is able to meet those obligations. There are references to payments on a first, second and third deed of trust. To which classes under the Plan do these payments correspond? Where are the payments on administrative expenses and priority tax claims? Where are the payments to the holders of unsecured claims? Presumably some of these payments will be on the effective date of the plan and some over time—that needs to be shown.
Provisions on Default. Article 10 of the Plan states that if the Debtor does not make all required plan payment, the plan's default provisions will control. Those provisions, at least as described in section 10.01, are incomplete. They propose a process for noticing a default but say nothing of the consequences of a failure to cure. What is the point of having default procedures if they don't say what happens?
Debtor(s):
Brian Anthony Veskosky Represented By Michael R Totaro
Trustee(s):
Susan K Seflin (TR) Pro Se
1:30 PM
1:30 PM
fr. 1/19/21, 2/3/21, 3/23/21; 4/2/21; 5/11/21, 5/28/21
Docket 1
Ruling for May 28, 2021: Continued to 7/27/21 at 1:30 p.m. Status report is not required.
Ruling for April 2, 2021:
Continued to May 11, 2021 at 1:30 p.m.
Ruling for February 3, 2021:
Debtor to file the projections omitted from the status report by February 5, 2021. Status conference is continued to March 23, 2021 at 1:30 p.m.
Debtor(s):
Brian Anthony Veskosky Represented By Michael R Totaro
Trustee(s):
Susan K Seflin (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Queen City Rehabs and Renovations Represented By
Roseann Frazee
1:30 PM
Docket 1
Ruling for May 28, 2021
Continued to July 27, 2021 at 1:30 p.m. The Court will issue an OSC to convert or dismiss.
Ruling for February 3, 2021:
Bar Date is March 31, 2021. Bar Date Notice to be be served by February 17, 2021. The deadline to file a plan and disclosure statement in docket no. 1 is vacated. The new deadline is April 30, 2021. Debtor to lodge a scheduling order. Status conference continued to April 13, 2021 at 1:30 p.m. An updated status report is due by April 6, 2021.
Debtor(s):
Queen City Rehabs and Renovations Represented By
Roseann Frazee
1:30 PM
fr. 2/3/21(stip), 4/13/21, 6/15/21
Docket 151
- NONE LISTED -
Debtor(s):
Jay B. Reznick Represented By James R Selth Daniel J Weintraub
Crystle Jane Lindsey
Trustee(s):
Gregory Kent Jones (TR) Pro Se
1:30 PM
fr. 6/30/20, 9/2/20, 9/14/20; 11/10/20, 12/9/20; 2/3/21(stip), 4/13/21, 6/15/21
Docket 1
Ruling for December 9, 2020: Continued to 2/3/21 at 1:30 p.m. Debtor should lodge an order setting forth the confirmation schedule.
Ruling for 9/14/20: Continued to 11/10/20 at 1:30 p.m. No later than 11/4/20, Debtor should file a proposed timeline for holding confirmation hearing, as well as additional deadlines. All other interested parties can respond by 11/9/20. Debtor should file and serve a notice of continued status conference with those dates. It should be served on the trustee, UST, 20 largest, and secured creditors.
Ruling for June 30, 2020
Continued to September 2, 2020 at 1:30 p.m. Debtor to file and serve a notice of continued status conference. Debtor to file and serve an updated status report by August 28, 2020.
Debtor(s):
Jay B. Reznick Represented By James R Selth Daniel J Weintraub
1:30 PM
Trustee(s):
Crystle Jane Lindsey
Gregory Kent Jones (TR) Pro Se
1:30 PM
Docket 223
- NONE LISTED -
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
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5 Exhibit Exhibits L - M; # 6 Exhibit Exhibits fr. 4/6/21, 5/11/21, 5/18/21, 5/28/21, 6/15/21
Docket 231
Ruling for June 15, 2021
Continued to July 27, 2021 at 1:30 p.m. 3d Amended Disclosure Statement and Plan to be filed and served by July 2, 2021. Objections due by July 16, 2021.
Tentative Ruling for May 28, 2021
The Court has reviewed the Debtor’s Second Amended Disclosure Statement ("SADS," case dkt. 210) and the exhibits thereto. The hearing is continued to June 15, 2021 at 2:30 p.m. The Debtor shall be prepared to address the following:
Issues regarding Title to the Catalina Property and the Kingswell Property Debtor states she "holds title with her non-filing deceased spouse (passed away in January 2020) (67%) and with her son, Vartan Akopyan (33%)" to the Catalina Property and the Kingswell Property. SADS at 10:26-11-5. As a threshold matter, Debtor needs to disclose the name of her deceased spouse. Debtor also needs to disclose in the body of the disclosure statement the date on which her son, Vartan Akopyan ("Vartan") became a co-owner of each property and whether title is held as joint tenants or tenants in common. Exhibit M to the SADS is an appraisal of the Catalina Property which includes within the written appraisal a recorded Judgment After Trial entered on October 9, 2018 (the "Catalina Judgment") by the LASC in an action styled as Deutsche Bank National Trust, etc. v. Anait Akopyan and Sogomon Akopyan, husband and wife; Vardan Akopyan, et al., case number BC648828 (the "LASC Deutsche Bank Action"). Case Dkt. 210-4 at 68-73. The Catalina Judgment states, in pertinent part:
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Defendants Anait Akopyan, Sogomon Akopyan and Vartan Akopyan hold fee simple title to the Real Property as Joint Tenants, under a Grant Deed recorded November 15, 2011.
Id. at 72. These details regarding when Vartan was added to the title to the Catalina Property need to be disclosed in the body of the disclosure statement.
The date on which Vartan became a co-owner of the Kingswell Property and any prior adjudications regarding Debtor’s ownership of the Kingswell Property need to be disclosed in the body of the disclosure statement.
The SADS only discloses four liens encumbering the Kingswell Property but the documents attached collectively as Exhibit K disclose nine liens:
Liens Encumbering the Kingswell Property per SADS at 13 | Liens Encumbering the Kingswell Property per Exhibit K to the SADS | ||||
PRIORITY | RECORDATION DATE | LIENHOLDER & AMOUNT | PRIORITY | RECORDATION DATE | LIENHOLDER & AMOUNT |
1st | DOT | Mr Cooper $1,145,162 | 1st | 8/31/2006 DOT POC#3 at 25. | Mr Cooper / Nationstar $1,145,162 |
2d | DOT | Real Time Resolutions $456,165.68 | 2d | 8/31/2006 @ 8:00 a.m. DOT (expressly subordinated ) POC#7 | Real Time Resolutions $456,165.68 |
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3d | 6/25/2010 judgment lien SADS, Exh. K, case dkt. 210-3 at 16-18. | JPMorgan Chase $887,969 | |||
3d | "lien" | Apex Equity Holdings $15,000 | 4th | 3/1/11 DOT SADS, Exh. K, case dkt. 210-3 at 53-57. | Apex Equity Holdings $15,000 |
5th | 3/1/12 judgment lien SADS, Exh. K, case dkt. 210-3 at 20-29. | Pondella $102,745.72 | |||
6th | 12/20/12 Judgment lien SADS, Exh. K, case dkt. 210-3 at 31-34. | AmEx $47,591.64 | |||
7th | 12/26/12 Judgment lien SADS, Exh. K, case dkt. 210-3 at 36-39. | Citibank $4,067.66 |
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8th | 5/19/14 judgment lien SADS, Exh. K, case dkt. 210-3 at 41-44. | Olympia Financial $38,803.90 POC#4 | |||
4th | tax lien | FTB $19,925.65 | 9th | 4/10/17 FTB tax lien re: Karapet Emboyan SADS, Exh. K, case dkt. 210-3 at 59-60 | FTB $19,925.65 |
The body of the disclosure statement needs to disclose all of the liens encumbering the Kingswell Property. The plan needs to provide a separate class for each lien encumbering the Kingswell Property.
The 6/25/10 abstract of judgment in favor of JPMorgan Chase recorded in Los Angeles County created a judgment lien that attached to all of the Debtor’s real property interests located in Los Angeles County. See Cal. Civ. Proc. § 697.340(a) ("A judgment lien on real property attaches to all interests in real property in the county where the lien is created (whether present or future, vested or contingent, legal or equitable) . . . "). Upon recordation, JPMorgan Chase’s judgment lien attached to both the Catalina Property and the Kingswell Property. The SADS only lists this as a judgment lien against the Catalina Property and does not explain or address why the judgment lien is not also attached to the Kingswell Property.
The Second Amended Plan ("SAP") does not include a separate class for the JPMorgan Chase judgment lien encumbering the Kingswell Property.
The SADS states that Vartan is "not a co-obligor on the judgment liens" other
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than the Pondella judgment lien, and therefore the judgment liens only attach to the Debtor’s 67% interest. SADS at 16:10-18. The 6/25/10 JPMorgan
Chase judgment lien predates the addition of Vartan to the title of the Catalina Property on 11/15/11. Depending upon when Vartan was added to the title of the Kingswell Property, this judgment lien may also predate Vartan’s interest in Kingswell. It appears that only the Debtor was on title to the Catalina Property on 6/25/10. Therefore, the judgment lien attached to the Debtor’s 100% interest in the Catalina Property. Cal. Civ. Proc. § 697.340(a). The joint tenancy interests conveyed by the Debtor to Sogomon and Vartan in 2011 were encumbered by the senior JPMorgan Chase judgment lien. Cal. Civ.
Proc. § 697.390(a). The SADS, however, suggests that Vartan’s 33% interest in the Catalina Property is not encumbered by the JPMorgan Chase judgment lien merely because he was not a defendant to the action in which judgment was entered against the Debtor. SADS at 11:17-18, 16:10-18, 31:26-32:12.
This is contrary to the express language of Cal. Civ. Proc. § 697.390(a) ("If an interest in real property that is subject to a judgment lien is transferred or encumbered without satisfying or extinguishing the judgment lien: (a) The interest transferred or encumbered remains subject to a judgment lien created pursuant to Section 697.310 in the same amount as if the interest had not been transferred or encumbered").
The SAP states the Class 1(C) judgment lien of JPMorgan Chase will be stripped of the Catalina Property upon completion of payments under the SAP. SAP at 11. As previously discussed at prior disclosure statement hearings, a plan which purports to strip a lien off of property which is not property of the estate (e.g., Vartan’s 33% interest in the Catalina Property) is patently unconfirmable.
The 3/1/12 abstract of judgment recorded in Los Angeles County created a judgment lien that attached to all of the Debtor’s real property interests located in Los Angeles County. See Cal. Civ. Proc. § 697.340(a) ("A judgment lien on real property attaches to all interests in real property in the county where the lien is created (whether present or future, vested or contingent, legal or equitable) . . . "). Upon recordation, Pondella’s judgment lien attached to both
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the Catalina Property and the Kingswell Property. The SADS only lists this as a judgment lien against the Catalina Property and does not explain or address why the judgment lien is not also attached to the Kingswell Property.
The SAP does not include a separate class for the Pondella judgment lien encumbering the Kingswell Property.
The SAP states the following regarding the Class 1(D) judgment lien of Pondella:
"Upon completion of the payments under the Second Amended Plan, a certified copy of the Final Decree may be recorded . . . and Dan Pondella’s judgment lien shall be null and void and such lien shall not act as an encumbrance on the Property"
SAP at 12:7-12. The SADS discloses that Vartan, a co-judgment debtor, caused Pondella to record a satisfaction of judgment as to Vartan’s 33% interest in the Catalina Property, thereby permitting the Debtor to strip the Pondella judgment lien on her interest in the Catalina Property. The language in the SAP needs to state " . . . such lien shall not act as an encumbrance on the Debtor’s 67% interest in the Property" to clarify that confirmation of a plan does not strip any liens off of Vartan’s 33% interest.
Additionally, what does "upon completion of the payments under the Second Amended Plan" mean? The SAP does not provide for any payments to Pondella. The SAP is a 60-month plan. Does this mean after the Debtor completes 60 months of payments to Secured Class 1(A) (Deutsche Bank), Secured Class 1(B) (Real Time Resolutions) and Secured Class 1(I) (Deutsche Bank)?
The SAP states the following regarding the Class 1(H) deed of trust of Jesus Landeros:
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"Upon completion of the payments under the Second Amended Plan, a certified copy of the Final Decree may be recorded . . . and Jesus Landeros’ lien shall be null and void and such lien shall not act as an encumbrance on the Property"
SAP at 14:27-15:5. The language in the SAP needs to state " . . . such lien shall not act as an encumbrance on the Debtor’s 67% interest in the Property" to clarify that confirmation of a plan does not strip any liens off of Vartan’s 33% interest.
Additionally, what does "upon completion of the payments under the Second Amended Plan" mean? The SAP does not provide for any payments to Landeros. The SAP is a 60-month plan. Does this mean after the Debtor completes 60 months of payments to Secured Class 1(A) (Deutsche Bank), Secured Class 1(B) (Real Time Resolutions) and Secured Class 1(I) (Deutsche Bank)?
The SADS asserts the Apex Equity Holdings DOT (the "Apex DOT") is "Disputed by Debtor." SADS at 15:22. What does this language mean? The Debtor did not list this debt as disputed on Schedule D. Case Dkt. 15 at 15.
The SADS asserts the Apex DOT recorded on 3/1/11 encumbers only the Debtor’s 67% interest in the Kingswell Property. SADS at 15:23. The Debtor offers no explanation or analysis for why the Apex DOT does not encumber the entire fee. As noted above, the SADS fails to disclose when the Debtor conveyed a 33% joint tenancy interest in the Kingswell Property to Vartan. Unless Vartan was a joint tenant on 3/1/11 when the Apex DOT was recorded, the Apex DOT encumbers the entire fee, not just the Debtor’s 67% interest. The Court notes that in a related adversary proceeding, 1:19-ap-01099-MB, plaintiff Novastar LLC alleged that Vartan became a joint tenant on the title to the Kingswell Property in October 2011. If Vartan was not added to the title until October 2011, the SADS cannot state (without any explanation) that the Apex DOT only encumbers the Debtor’s 67% interest.
The SAP states the Class 1(K) Apex DOT will be stripped off the Kingswell
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Property upon completion of payments under the SAP. SAP at 17-18. If the
Apex DOT attached to the Kingswell Property before Vartan was added to the title, the Apex DOT encumbers Vartan’s 33% interest and the SAP purports to strip the DOT off of Vartan’s interest. As previously discussed at prior disclosure statement hearings, a plan which purports to strip a lien off of property which is not property of the estate is patently unconfirmable.
As noted above, the SADS fails to list the 12/20/12 judgment lien of American Express (the "AmEx Lien"), the 12/26/12 judgment lien of Citibank (the "Citibank Lien") or the 5/19/14 judgment lien of Olympia Financial (the "Olympia Lien") as liens encumbering the Kingswell Property. These abstracts of judgment recorded in Los Angeles County created judgment liens that attached to all of the Debtor’s real property interests located in Los Angeles County. See Cal. Civ. Proc. § 697.340(a) ("A judgment lien on real property attaches to all interests in real property in the county where the lien is created (whether present or future, vested or contingent, legal or equitable) . . . "). Upon recordation, the AmEx Lien, the Citibank Lien and the Olympia Lien attached to both the Catalina Property and the Kingswell Property.
The SAP needs to include separate classes for the AmEx Lien, the Citibank Lien and the Olympia Lien on the Kingswell Property.
The SAP provides treatment for the AmEx Lien, the Citibank Lien and the Olympia Lien encumbering the Catalina Property in Classes 1(E), 1(F) and 1(G) and in each instance the judgment lien is stripped off:
Upon completion of the payments under the Second Amended Plan, a certified copy of the Final Decree may be recorded by the Debtor and [AmEx / Citibank /
Olympia’s] judgment lien shall be null and void and such lien shall no longer act as an encumbrance on the Property at the time of recordation.
SAP at 12-14. What does "upon completion of the payments under the
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Second Amended Plan" mean? The SAP does not provide for any payments to AmEx or Citibank or Olympia. The SAP is a 60-month plan. Does this mean after the Debtor completes 60 months of payments to Secured Class 1(A) (Deutsche Bank), Secured Class 1(B) (Real Time Resolutions) and Secured Class 1(I) (Deutsche Bank)?
The SADS states the Kingswell Property is encumbered by a tax lien in favor of the FTB "against another individual by name Karapet Emboyan." SADS at 15. The recorded tax lien states that it "attaches to all property and rights to such property now owned or later acquired by the taxpayer" and identifies the taxpayer as Karapet Emboyan. Exh. K to the SADS, dkt. 210-3 at 60. The SADS fails to explain who Karapet Emboyan is or why the Debtor believes FTB tax lien attached to the SADS encumbers the Kingswell Property. The Novastar settlement agreement attached to the SADS at exhibit F suggests Emboyan was on title to the Kingswell Property at some point in time. The SADS needs to disclose enough facts to explain why the Debtor’s plan includes provisions to strip off a tax lien that only attaches to property of Emboyan, who is not a debtor.
The SAP proposes to strip 13 – 14 liens off of the two properties at confirmation pursuant to § 506 of the Bankruptcy Code based on the Debtor’s assertion there is insufficient equity in each property for the liens to be fully secured. At confirmation the Debtor will have to present admissible evidence of the value of each property at confirmation. The appraisals attached to the SADS at exhibits L and M value the properties as of July 2020 and therefore are stale. The SADS currently states:
The Catalina Rental has a scheduled value of approximately $2,200,000 as of the plan confirmation date.
SADS at 11:5-6.
The Kingswell Rental has a scheduled value of
$1,100,000 as of the plan confirmation date.
SADS at 13:4-5.
1:30 PM
The SADS needs to clarify that these valuations are as of 7/22/20 and 7/25/20, respectively, and are not valuations "as of confirmation."
WHO MAY VOTE OR OBJECT
* * *
ii. Who May Vote to Accept or Reject the Second Amended Plan
A creditor or interest holder has a right to vote for or against the Second Amended Plan if that creditor or interest holder has a claim which is both (1) allowed or allowed for voting purposes and (2) classified as an impaired class.
SADS at 43:17-20.
The SADS also incorrectly identifies the classes entitled to vote on the SAP:
. . . holders of Class 1(A), Class 1(B), Class 1(C), Class 1(D), 1(E), 1(F), 1(G), 1(H), 1(I), 1(J), 1(K), 1(L) and
Class 2 are impaired that the holders of claims in these class [sic] are entitled to vote to accept or reject the Second Amended Plan.
SADS at 44:21-23.
The SAP provides that the only classes receiving anything under the SAP are: Secured Class 1(A) (Deutsche Bank / Mr. Cooper re Catalina Property), Secured Class 1(B) (Real Time Resolutions re Catalina Property); and Secured Class 1(I) (Deutsche Bank / Mr. Cooper re Kingswell Property).
None of the other classes receive payments or any other distributions under the SAP. Because Classes 1(C), 1(D), 1(E), 1(F), 1(G), 1(H), 1(K), 1(L) and 2 do not receive anything under the Plan, they are deemed not to have accepted the Plan by operation of Bankruptcy Code § 1126(g). Because they are deemed not to have accepted the
1:30 PM
SAP by operation of law, they are not entitled to vote. In re Maremont Corp., 601
B.R. 1, 86 (Bankr. D. Del. 2019) ("Claims in Class 6 . . . and Interests in Class 7 are Impaired and Holders of such Claims and Interests are deemed to have rejected the Plan pursuant to section 1126(g) of the Bankruptcy Code and are not entitled to vote to accept or reject the Plan").
The SADS needs to identify only Classes 1(A), 1(B) and 1(I) as the classes entitled to vote and needs to state that Classes 1(C), 1(D), 1(E), 1(F), 1(G), 1(H), 1(K), 1(L) and 2 are deemed to reject the SAP.
1. As a threshold matter, the disclosure statement does not need to include legal arguments or cite legal authorities. However, if the Debtor chooses to include such legal authorities, the description must accurately represent the issues addressed by those authorities. The SADS asserts that Todeschi v. Juarez (In re Juarez), 603 B.R. 610 (B.A.P. 9th Cir. 2019) addresses "whether the ‘absolute priority rule’ permits an individual debtor in a chapter 11 case to retain exempt property without making a commensurate ‘new value’ contribution." SADS at 47:18-21. In Juarez, the debtor made a new value contribution of $15,000; Juarez , therefore, is not a case addressing whether an individual debtor can violate the absolute priority rule without making a new value contribution. It is also far from clear that Juarez is applicable to the Debtor’s SAP. Under the SAP, unlike the debtor in Juarez, the Debtor does not make a new value contribution. In Juarez, the debtor made payments to a class of general unsecured creditors over five years. Under the SAP, the Debtor makes no payments to Class 2 (General Unsecured Creditors). Additionally, under the SAP the Debtor retains her 67% ownership in the Catalina Property and the Kingswell Property, neither of which are exempt properties. Under the SAP the Debtor retains her rights to the rental income generated by the properties ($19,089 / month combined gross rent, which totals $1,145,340 over the 5-year term of the SAP). Debtor did not claim an exemption in any of the income to be generated by the properties (which is property of the estate pursuant to § 541(a)(6) (". . . rents . . . from property of the estate . . . ")) and only claimed an exemption of $10,000 in Kingswell Section 8 rent which accrued prepetition. Schedule C, case dkt. 15 at 13. Because the Debtor would retain prepetition nonexempt, property of the estate, to the extent Juarez addresses (at least in part) the ability of a chapter 11
1:30 PM
debtor to retain exempt property, Juarez may not be as applicable to the Debtor’s SAP as the SADS suggests.
The SADS asserts "Debtor has no unexempt equity in her Rental Properties" and "Debtor does not have any unexempt assets" SADS at 48:7-9. As noted above, the Debtor has not asserted any exemption in either the Catalina Property or the Kingswell Property or their rents. These statements need to be deleted.
The SAP provides that after property of the estate revests in the Debtor, "[t]he automatic stay will be re-imposed upon the re-vested property." SAP at
24:27-25:1. At confirmation the Debtor will need to address the appropriateness of the stay continuing post confirmation despite § 362(c)(1) of the Bankruptcy Code, which provides for its termination, and also address when the stay will be lifted.
Ruling for May 18, 2021:
Continued to 5/28/21 at 1:30 p.m.
Ruling for May 11, 2021:
Continued to 5/18/21 at 10:00 a.m.
Ruling for April 6, 2021:
Continued to 5/5/21 @ 1:30. By 4/27/21, Dtr to file a 2d amended disclosure statement and plan, with blacklines, and notice of the continued hearing to all creditors. Objections due by 5/4/21.
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
1:30 PM
fr. 6/25/19; 9/25/19, 12/11/19, 3/17/20, 5/26/20, 8/12/20; 8/17/20, 9/14/20. 11/10/20, 1/19/21, 2/3/21,
3/23/21, 4/6/21, 5/11/21, 5/18/21, 5/28/21, 6/15/21
Docket 1
Ruling for June 15, 2021
Continued to July 27, 2021 at 1:30 p.m. No new status report is required.
Ruling for May 28, 2021
The status conference is continued to June 15, 2021 at 2:30 p.m. No new status report is required.
Ruling for May 18, 2021:
Continued to 5/28/21 at 1:30 p.m.
Ruling for May 11, 2021:
Continued to 5/18/21 @ 10:00 a.m. No new status report is required.
Ruling for April 6, 2021:
Continued to 5/11/21 @ 1:30. No new status report is required.
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m. Amended Plan and Disclosure Statement to be filed by March 2, 2021. Objections due by March 16, 2021. Provided the amended Plan and Disclosure Statement are filed, no new status report is required.
Ruling for 9/14/20: Continued to 11/10/20 at 1:30 p.m. Debtor should file and serve
1:30 PM
notice of continuance. No updated status report needed.
Ruling for May 26, 2020: Continued to 8/12/20 at1:30 p.m. Debtor to file and serve notice of continued status conference. No new status report needed.
Ruling for March 17, 2020
Appearances waived. Continued to May 26, 2020 at 1:30 p.m.
Tentative Ruling for September 25, 2019: Continued to December 11, 2019 at 1:30
p.m. Debtor shall file an updated status report two weeks prior to the continued status conference. Appearances waived.
Ruling for 6/25/19: Bar date is 8/30/19. Debtor to lodge bar date order which requires the bar date notice to be in the mail by 7/2/19. Deadline for plan and disclosure statement filing is 1/31/20. Continued to 9/25/19 at 1:30 p.m. Debtor must file an updated status report by 9/11/19.
Debtor(s):
Anait Akopyan Represented By Michael Jay Berger
1:30 PM
Docket 155
Ruling for June 15, 2021
Continued to 7/27/21 @ 1:30 p.m.
The deadline for objections to the disclosure statement filed on 6/15/21 is 7/13/21. The Debtor's reply is due 7/23/21.
Ruling for April 13, 2021: Continued to 6/15/21 at 1:30 p.m. 5/18/21 is the deadline to file 2nd amended plan and disclosure statement. 5/25/21 is the deadline to object.
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m.
Debtor to file and serve an amended disclosure statement and plan, with redlines, by March 2, 2021. Debtor to also file a notice of continued hearing and that any objections are due by March 15, 2021.
Debtor(s):
Robert James Roon II Represented By
R Grace Rodriguez
1:30 PM
fr. 3/5/19; 4/30/19; 5/28/19, 8/14/19; 9/11/19, 12/11/19, 2/5/20, 3/17/20, 4/1/20; 5/13/20; 6/30/20, 10/1/20, 11/20/20,
12/9/20, 2/3/21, 4/13/21, 6/15/21, 7/21/21
Docket 1
Ruling for June 15, 2021
Continued to 7/27/21 @ 1:30 p.m. The Court will issue an OSC re conversion or dismissal and set the hearing on that OSC for 7/27/21.
Ruling for April 13, 2021: Continued to 6/15/21 at 1:30 p.m.
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m.
Ruling for December 9, 2020: A hearing on the disclosure statement is set for 2/3/21 at 1:30 p.m. Debtor must file and serve a notice of disclosure statement hearing no later than 12/14/20. The notice of the hearing must identify the docket numbers of the disclosure statement. The notice should also provide that objections are due no later than 1/20/21. The status conference is continued to 2/3/21 at 1:30
p.m. Updated status report is not required. Debtor must lodge a scheduling order.
Ruling for November 20, 2020: Continued to 12/9/20 at 1:30 p.m.
Ruling for 10/1/20:
Continued to November 20, 2020 at 1:30 p.m. The Court will issue an OSC re dismissal.
1:30 PM
Ruling for June 30, 2020
Continued to October 1, 2020 at 1:30 p.m. No new status report is required.
The deadline for the Debtor to file a disclosure statement and plan is September 1, 2020.
Ruling for April 1, 2020: Continued to 5/13/20 at 1:30 p.m.
April 1, 2020
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (888-882-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for February 5, 2020: Continued to 3/17/20 at 1:30 p.m. Court will issue an OSC re why this case should not be dismissed.
Ruling for December 11, 2019
Continued to February 5, 2020 at 1:30 p.m. The status report must be filed and served on January 22, 2020. The Court sanctions counsel $150 for failing to file and serve a chapter 11 status report.
Ruling for 9/11/19: Debtor must lodge a scheduling order and continue s/c to 12/11/19 at 1:30 p.m. Debtor must file his plan and disclosure statement by 10/30/19 and may use 12/11/19 as the hearing on his disclosure statement.
Ruling for August 14, 2019:
1:30 PM
Continued to September 11, 2019 at 1:30 p.m.
Ruling for May 28, 2019:
Debtor shall file and serve a FRBP 9019 motion re: the two cash collateral stipulations. Debtor shall file a FRBP 2015.3 financial report re: Global Moto Outlet, Inc.
Continued to August 14, 2019 at 1:30 p.m. Debtor to file an updated status report on July 31, 2019 addressing a timeline for a plan and disclosure statement.
Ruling for 4/30/19: Bar date amended to 6/28/19. Bar date notice to be served by 5/3/19. File and serve notice of continued status conference by 5/3/19. File amended status report with attached deed of trust no later than 5/10/19. If not done, the Court will dismiss the case. Continued to 5/28/19 at 1:30 p.m.
Ruling for March 5, 2019
The general bar date is May 10, 2019. Debtor to serve the bar date notice by March 15, 2019. Continued to April 30, 2019 at 1:30 p.m. Updated status report to be filed by April 16, 2019. Debtor to file and serve notice of the continued status conference.
Debtor(s):
Robert James Roon II Represented By
R Grace Rodriguez
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
Docket 13
- NONE LISTED -
Debtor(s):
Kelop Gerome May Represented By Leon D Bayer
Joint Debtor(s):
Raven Renecia Janay May Represented By Leon D Bayer
Movant(s):
Exeter Finance LLC Represented By Sheryl K Ith
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
Docket 8
- NONE LISTED -
Debtor(s):
Andrea Christine Blasingame Represented By David L Hagan
Trustee(s):
Sandra McBeth (TR) Pro Se
11:00 AM
Docket 11
- NONE LISTED -
Debtor(s):
Christopher J. Printz Represented By Brent D George
Joint Debtor(s):
Leslie J. Printz Represented By Brent D George
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
Debtor(s):
Maria D. Diaz Represented By Janet A Lawson
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
Docket 9
- NONE LISTED -
Debtor(s):
Quirino Garcia Represented By Monica Robles
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
RE: [11] Reaffirmation Agreement Between Debtor and American Honda Finance Corporation
Docket 11
- NONE LISTED -
Debtor(s):
Juan Valdez Represented By
Monica Robles
Joint Debtor(s):
Micaela Guerrero Represented By Monica Robles
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
Debtor(s):
Anthony Roberto Topas Represented By Georgene E Pantelas
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
Debtor(s):
Thomas E Medeiros Jr Represented By Linda S Blonsley
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
Debtor(s):
Jerrod D Hunter Represented By Nathan A Berneman
Joint Debtor(s):
Evangeline A Hunter Represented By Nathan A Berneman
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
Docket 11
- NONE LISTED -
Debtor(s):
Evan Joseph Jaquias-Johnson Represented By Daniel A Higson
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 12
- NONE LISTED -
Debtor(s):
Fred Buenrostro Jr Represented By Linda S Blonsley
Joint Debtor(s):
Denise Buenrostro Represented By Linda S Blonsley
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 10
- NONE LISTED -
Debtor(s):
Julie Ann McKnight Represented By Reed H Olmstead
Joint Debtor(s):
William Todd McKnight Represented By Reed H Olmstead
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
RE: [11] Pro se Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC (2019 Ford F150)
Docket 11
- NONE LISTED -
Debtor(s):
Oscar Saldain Represented By Elena Steers
Joint Debtor(s):
Liliana Silvia Saldain Represented By Elena Steers
Trustee(s):
Sandra McBeth (TR) Pro Se
11:00 AM
RE: [11] Reaffirmation Agreement Between Debtor and OneMain
Docket 11
- NONE LISTED -
Debtor(s):
Michael J Munoz Represented By Michael B Clayton
Joint Debtor(s):
Veronica E Munoz Represented By Michael B Clayton
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 12
- NONE LISTED -
Debtor(s):
Michael David Brady Represented By Edwin J Rambuski
Trustee(s):
Jeremy W. Faith (TR) Pro Se
1:30 PM
Docket 604
Final Ruling for July 28, 2021: Grant. No opposition filed; appearances waived. Debtor shall lodge a conforming order no later than August 4, 2021.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
1:30 PM
RE: [408] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: Brewing Equipment .
FR. 4-26-21, 5-7-21, 5-26-21, 6-30-21
Docket 408
Final Ruling for July 28, 2021: Based on the parties' representations that the matter has settled and that the parties will be filing a 9019 Motion, the hearing is continued to September 10, 2021 at 1:30 p.m. Appearances waived.
Final Ruling for May 26, 2021: This matter is continued to June 30, 2021 at 1:30
p.m. unless the parties have resolved their dispute. The parties should contact chambers no later than June 23, 2021 to inform the Court if a settlement has been reached. Appearances are waived.
Ruling for April 26, 2021: Continued to 5/7/21 at 10:00 a.m.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Tank2Tap, LLC Represented By Ryan D Zick
1:30 PM
RE: [411] Motion to Allow Claim Notice of Motion and Motion for Allowance and Payment of Administrative Claim
FR. 4-26-21, 5-7-21, 5-26-21, 6-30-21
Docket 411
Final Ruling for July 28, 2021: Based on the parties' representations that the matter has settled and that the parties will be filing a 9019 Motion, the hearing is continued to September 10, 2021 at 1:30 p.m. Appearances waived.
Final Ruling for May 26, 2021: This matter is continued to June 30, 2021 at 1:30
p.m. unless the parties have resolved their dispute. The parties should contact chambers no later than June 23, 2021 to inform the Court if a settlement has been reached. Appearances are waived.
Ruling for April 26, 2021: Continued to 5/7/21 at 10:00 a.m.
Debtor(s):
Figueroa Mountain Brewing, LLC Represented By
Christopher E Prince Matthew A Lesnick Debra E Cardarelli
Movant(s):
Tank2Tap, LLC Represented By Ryan D Zick
1:30 PM
FR. 5-26-21
Docket 1
Final Ruling for May 26, 2021: The Court has reviewed the Debtor's status report. Accordingly, the Court sets the bar date for filing proofs of claim as July 31, 2021. Debtor is required to file and serve a notice of claims bar date no later than June 4, 2021. The status conference is continued to July 28, 2021 at 1:30 p.m. Debtor must file an updated status report no later than July 14, 2021. Appearances are waived.
Debtor(s):
Player's Poker Club, Inc. Represented By Michael S Kogan
1:30 PM
Docket 115
- NONE LISTED -
Debtor(s):
Orcutt Rancho, LLC Represented By Brett A Axelrod
Nicholas A Koffroth Keith C Owens
Movant(s):
SANTA MARIA DIP LLC Represented By William M Noall
2:30 PM
Adv#: 9:19-01078 Elias v. Lieberman
RE: [1] Adversary case 9:19-ap-01078. Complaint by Patricia Elias against Craig Alan Lieberman . willful and malicious injury)) (Ortiz, Amber)
FR. 1-29-20, 6-3-20, 6-17-20, 8-26-20, 11-4-20, 2-10-21, 3-10-21
Docket 1
Ruling for March 10, 2021: Continued to 7/28/21 at 2:30 p.m. Defendant should file a notice of continued status conference. The notice should require both Plaintiff and Defendant to appear. The requirement of an updated status report is waived.
Tentative Ruling for August 26, 2020: Continued to 11/4/20 at 2:30 p.m. A status report must be filed no later than 10/21/20. Appearances are waived.
Ruling for June 17, 2020 Continued to 8/26/20 at 2:30 p.m No updated status report required.
2:30 PM
Tentative Ruling for January 29, 2020
In light of the pending criminal matter and related proceedings, continue status conference to June 3, 2020 at 2:30 pm and require an updated joint status report (including a proposed litigation schedule), to be filed no later than May 27, 2020. If counsel for plaintiff and defendant BOTH concur with this tentative ruling, their appearance on January 29, 2020 is excused. Otherwise, both should appear.
Debtor(s):
Craig Alan Lieberman Represented By Reed H Olmstead
Defendant(s):
Craig Alan Lieberman Represented By Reed H Olmstead
Plaintiff(s):
Patricia Elias Represented By
Chad M. Prentice
2:30 PM
Adv#: 9:20-01055 Carrera v. Bradley
RE: [1] Adversary case 9:20-ap-01055. Complaint by Santana Carrera against Whittaker Bradley . (willful and malicious injury)
FR. 1-13-21, 3-10-21
Docket 1
Ruling for March 10, 2021: Continued to 7/28/21 at 2:30 p.m. Updated status report is due two weeks prior to the hearing.
Ruling for January 13, 2021:
Continued to March 10, 2021 at 2:30 p.m. Plaintiff may set motion for default judgment for that date and time.
Debtor(s):
Whittaker Bradley Represented By Bryan Diaz
Defendant(s):
Whittaker Bradley Pro Se
Plaintiff(s):
Santana Carrera Represented By Benjamin Tryk
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
1:30 PM
Docket 1
Ruling for April 6, 2021:
Continued to 7/27/21 at 1:30 p.m.
Ruling for February 17, 2021
The Court sets a new bar date of 4/5/21. Debtor to file and serve a bar date notice by 2/22/21. Status conference continued to 3/23/21 @ 1:30 p.m. No new status report is required. If the Debtor has not reached a stipulation with the principal lender by 3/23/21, the Court will set a deadline to file a plan and disclosure statement. Debtor to lodge an order vacating the prior bar date, setting a new bar date and continuing the status conference.
Ruling for November 20, 2020: The docket erroneously indicates there is a plan and disclosure statement deadline. The Court vacates this deadline. The Court sets a general bar date of 2/12/21. Debtor must mail the notice of bar date no later than 11/30/20. Continued to 2/16/21 at 1:30 p.m. Updated status report is due 2/2/21.
Debtor(s):
Cross Country Holdings Partnership, Represented By
Raymond H. Aver
1:30 PM
fr. 5/26/20, 8/12/20, 8/17/20, 10/1/20, 2/2/20, 2/3/21, 3/23/21, 4/6/21
Docket 141
Ruling for April 6, 2021:
Continued to July 27, 2021 at 1:30 p.m.
Ruling for February 3, 2021:
Continued to March 23, 2021 at 1:30 p.m. Debtors to file an updated post confirmation status report supported by a declaration by March 16, 2021.
Ruling for 10/1/20:
Confirmed as to the second amended plan at docket number 148. The lodged confirmation order must express how the plan has been modified by the stipulation with Wells Fargo and state, verbatim, the terms which change the plan, e.g., the paragraph at page X is revised to state Y. Alternatively, the Debtors may file a modified second amended plan, redlined. The Court will not hold the lodged confirmation order for seven days. A post-confirmation status conference will be held on February 2, 2021 at 1:30 p.m and a post-confirmation status report complying with LBR 3020-1(b) by January 19, 2021.
Ruling for August 17, 2020
Debtors' motion to modify the first amended plan is granted.
The confirmation hearing is continued to October 1, 2020 at 1:30 p.m. By September 10, 2020, the Debtors shall file and serve a clean and redlined Second Amended Plan and Disclosure Statement addressing the payment of the postpetition property taxes and who is reponsible for paying property taxes and insurance going forward,
1:30 PM
declarations from both Debtors in support of confirmation, an unpdated Exhibit A1 cash flow projections and notice of the continued hearing. Any objections to confirmation of the Second Amended Plan shall be filed, along with admissible evidence, by September 17, 2020. Debtors' reply thereto shall be filed by September 24, 2020. The Debtors shall lodge a scheduling order.
Ruling for May 26, 2020: Amended plan and supporting evidence must be filed by 7/17/20. Continued to 8/12/20 at 1:30 p.m.
Debtor(s):
Rosalinda Del Socorro Mendoza Represented By
Lionel E Giron Crystle Jane Lindsey Merdaud Jafarnia Joanne P Sanchez
Joint Debtor(s):
Jose Padilla Saldivar Represented By Lionel E Giron
Crystle Jane Lindsey Merdaud Jafarnia Joanne P Sanchez
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
RE: ORDER TO SHOW CAUSE WHY GIT, INC. SHOULD NOT BE HELD IN CONTEMPT
FR. 6-4-21, 6-10-21
Docket 1593
Ruling for June 10, 2021
The Court finds GIT, Inc. in contempt of the Court's Order Approving Stipulation Concerning Production of Documents in Response to Trustee's Rule 2004 Subpoena (docket no. 1164). GIT is ordered ordered to pay the Trustee’s legal fees and expenses,
and forensic expenses, incurred in connection with the prior protective order motion, this motion, and the inspection of the server. By July 2, 2021 the trustee shall file an accounting of his compensatory damages, and evidence in support thereof. Any objections to the trustee's compensatory damages accounting by GIT, Inc. shall be filed by July 16, 2021. Responses to any objections by GIT, Inc. to be filed by July 23, 2021. A continued hearing on this OSC will be held on July 30, 2021 at 10:00 a.m.
Ruling for June 4, 2021
Continued to June 10, 2021 at 10:00 a.m.
Ruling for May 5, 2021
The Court will hold an evidentiary hearing on June 4, 2021 at 10:00 a.m. By May 14, 2021, the parties must exchange witness lists and evidentiary hearing exhibits.
Exhibits must be in Adobe .pdf format. Each .pdf file shall comprise a separate exhibit. The parties shall assign file names corresponding to the number or letter assigned to such exhibit. The trustee's exhibits shall be identified by numbers and GIT's exhibits shall be identified by letters. Any discovery by the parties on these issues must be completed by May 28, 2021; the usual notice periods are shortened to allow the parties to complete their discovery.
10:00 AM
Debtor(s):
HVI Cat Canyon, Inc. Represented By David B Shemano
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E DE Leest
John N Tedford IV Zev Shechtman George E Schulman James P Menton JR
10:00 AM
RE: [1677] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: Deposits for APCD work assessed on a cost reimbursement basis (includes costs for district labor, overtime, and contractor and consultant costs) . (Spence, Ross)
Docket 1677
Tentative Ruling for July 30, 2021
Granted. No opposition filed. Trustee filed a Notice of Non-Opposition. Movant to lodge an order. Appearances waived.
Debtor(s):
HVI Cat Canyon, Inc. Represented By David B Shemano
Movant(s):
Santa Barbara Air Pollution Control Represented By
Carolyn V Carollo Ross Spence William R. Spence
Carolyn Virginia Carollo
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E DE Leest
John N Tedford IV Zev Shechtman George E Schulman James P Menton JR
10:00 AM
10:00 AM
Docket 1681
- NONE LISTED -
Debtor(s):
HVI Cat Canyon, Inc. Represented By David B Shemano
Movant(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E DE Leest
John N Tedford IV Zev Shechtman George E Schulman James P Menton JR
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E DE Leest
John N Tedford IV Zev Shechtman George E Schulman James P Menton JR
10:00 AM
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
#4.00 CONT'D Hearing
RE: [44] Motion to Surrender and Dismiss with proof of service FR. 11-5-20, 1-14-21, 3-11-21, 4-8-21, 6-10-21
Docket 44
Ruling for January 14, 2021
Continued to March 11, 2021 at 10:00 a.m.
Ruling for November 5, 2020
Continued to 1/14/21 @ 10:00 a.m.
Debtor(s):
HVI Cat Canyon, Inc. Represented By David B Shemano
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Movant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
10:00 AM
GLR, LLC, a Delaware limited Represented By William C Beall
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman Eric P Israel George E Schulman Aaron E DE Leest
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E DE Leest
John N Tedford IV Zev Shechtman George E Schulman James P Menton JR
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
#5.00 CONT'D Hearing
RE: [45] Motion to Surrender and Dismiss with proof of service FR. 11-5-20, 1-14-21, 3-11-21, 4-8-21, 6-10-21
Docket 45
Ruling for January 14, 2021
Continued to March 11, 2021 at 10:00 a.m.
Ruling for November 5, 2020
Continued to 1/14/21 @ 10:00 a.m.
Debtor(s):
HVI Cat Canyon, Inc. Represented By David B Shemano
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Movant(s):
GRL, LLC, a Delaware limited Represented By William C Beall
10:00 AM
GRL, LLC, a Delaware limited Represented By William C Beall
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman Eric P Israel George E Schulman Aaron E DE Leest
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E DE Leest
John N Tedford IV Zev Shechtman George E Schulman James P Menton JR
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
RE: [74] Motion For Summary Judgment with proof of service FR. 4-8-21, 6-10-21
Docket 74
- NONE LISTED -
Debtor(s):
HVI Cat Canyon, Inc. Represented By David B Shemano
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Movant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
10:00 AM
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman Eric P Israel George E Schulman Aaron E DE Leest
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E DE Leest
John N Tedford IV Zev Shechtman George E Schulman James P Menton JR
10:00 AM
Adv#: 9:20-01006 McConnell, Chapter 11 Trustee v. GLR, LLC, a Delaware limited liability
RE: [1] Adversary case 9:20-ap-01006. Complaint by Michael A. McConnell, Chapter 11 Trustee against GLR, LLC, a Delaware limited liability company, GRL, LLC, a Delaware limited liability company. (Charge To Estate). Chapter 11 Trustee's Complaint: (1) To Avoid and Recover Preferential Transfers; (2) To Avoid and Recover Fraudulent Transfers; and (3) For Turnover and Accounting Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)) (Shechtman, Zev)
FR. 3-12-20, 4-17-20, 7-15-20, 9-29-20, 12-15-20 (Advanced),
12-2-20, 1-14-21, 3-11-21, 4-8-21, 6-10-21
Docket 1
Ruling for January 14, 2021
Continued to March 11, 2021 at 10:00 a.m.
Ruling for 7/15/20: Continued to 9/29/20 at 10:30 a.m.
Ruling for April 17, 2020
Continued to July 15, 2020 at 2:30 p.m. A brief updated status report shall be filed by July 1, 2020.
The discovery cutoff and deadline to join parties and amend pleadings is October 30, 2020.
The deadline to file case-dispositive pre-trial motions is December 4, 2020. The Court will set a deadline for such motions to be heard.
10:00 AM
Debtor(s):
HVI Cat Canyon, Inc. Represented By David B Shemano
Defendant(s):
GLR, LLC, a Delaware limited Represented By William C Beall
GRL, LLC, a Delaware limited Represented By William C Beall
Plaintiff(s):
Michael A. McConnell, Chapter 11 Represented By
Zev Shechtman Eric P Israel George E Schulman Aaron E DE Leest
Trustee(s):
Michael Arthur McConnell (TR) Represented By
Eric P Israel Sonia Singh Aaron E DE Leest
John N Tedford IV Zev Shechtman George E Schulman James P Menton JR
11:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
11:00 AM
Adv#: 1:16-01091 Khachatryan et al v. Martirosian et al
Docket 204
Debtor(s):
Shahen Martirosian Represented By Armine Singh Jilbert Tahmazian
Defendant(s):
Shahen Martirosian Pro Se
Virginia Martirosian Represented By Stuart R Simone
Anahit Harutyunyan Represented By Stuart R Simone
CPI Real Estate Group, Inc. Pro Se
4705 EXCELENTE INC. Represented By Jilbert Tahmazian
CITY NATIONAL FINANCE Represented By
Benjamin A Yrungaray Jilbert Tahmazian
Nathan Jamal Dawood Represented By
Benjamin A Yrungaray
Plaintiff(s):
Vazgen Khachatryan Represented By Alana B Anaya
Norair Savadian Represented By
11:00 AM
Trustee(s):
Leo Fasen
Amy L Goldman (TR) Represented By Jorge A Gaitan
1:30 PM
Approve solicitation and tabulation procedures
Approve plan classification of claims
Approve plan confirmation schedule and
Establish administrative claim bar date
Docket 178
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
1:30 PM
Docket 1
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se
10:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
10:00 AM
Docket 8
Final Ruling for August 3, 2021: Grant. No opposition filed; appearances waived. Movant shall lodge a conforming order no later than August 10, 2021.
Debtor(s):
Pedro Martinez Garcia Represented By Michael B Clayton
Movant(s):
The Golden 1 Credit Union Represented By Nicholas S Couchot
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Barash by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-martin-r-barash under the tab "Telephonic Instructions."
Docket 0
11:00 AM
CHRISTINE RODRIGUEZ VS
DEBTOR
Docket 223
Debtor(s):
PS On Tap, LLC Represented By Carol Chow
Movant(s):
Christine Rodriguez Represented By Sevan Gorginian Haig Kazandjian
Trustee(s):
Moriah Douglas Flahaut (TR) Pro Se