10:00 AM
Telephonic Hearing
MECHANICS BANK VS
DEBTOR fr. 11-28-17
Lawrence Boivin to appear by telephone
Docket 25
None.
Tentative Ruling of 11/28/17:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2012 Honda Accord. The debtor has failed to pay 5 post-petition payments. Also, the debtor has not provided movant with proof of insurance on the vehicle. This is "cause" to terminate the stay under 11 U.S.C. § 362(d) (1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case
10:00 AM
to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Gilberto Velazquez Represented By Rebecca Tomilowitz
Movant(s):
MECHANICS BANK fka Represented By Lawrence R Boivin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NISSAN MOTOR ACCEPTANCE CORPORATION VS
DEBTOR
Docket 93
None.
Debtor(s):
Richard Pacheco Represented By Vernon R Yancy
Joint Debtor(s):
Elva Bernice Pachero Represented By Vernon R Yancy
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
KIA MOTORS FINANCE VS
DEBTOR
Austin P. Nagel to appear by telephone
Docket 24
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtors' 2014 Kia Optima. The debtors have failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Anthony Rudolph Torres Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Monica Torres Represented By Michael E Clark Barry E Borowitz
Movant(s):
Kia Motors Finance Represented By Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
BANK OF AMERICA, N.A. VS
DEBTOR
Magan E. Lees to appear by telephone
Docket 33
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtors' N 2008 Sprinter 311BHS. The debtors have failed to pay 4 post- petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Peter J Dragaloski Represented By
Amelia Puertas-Samara Hasmik Jasmine Papian
Joint Debtor(s):
Lara Mae Dragaloski Represented By
Hasmik Jasmine Papian
Movant(s):
Bank of America, N.A. Represented By Megan E Lees
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Magan E. Lees to appear by telephone
Docket 62
No opposition was filed. The Court takes judicial notice of the First Amended Chapter 13 Plan filed in this case on June 22, 2016 in which the debtor stated an intention to surrender the property to movant.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2008 Warrior FS2600. Debtor's confirmed First Amended Chapter 13 Plan provides that Debtor will surrender the property to Movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Bridget Louise Cook Represented By Kevin T Simon
S Renee Sawyer Blume
Movant(s):
U.S. Bank National Association Represented By Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
KIA MOTORS FINANCE VS
DEBTOR
Austin P. Nagel to appear by telephone
Docket 23
No opposition was filed. The Court takes judicial notice of the Amended Chapter 13 Plan filed in this case on October 23, 2017 in which the debtor stated an intention to surrender the vehicle to movant.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2015 Kia Optima. The debtor has failed to pay 4 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Monica Teresa Alvarado Represented By Julie J Villalobos
Movant(s):
Kia Motors Finance Represented By Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
REGIONAL ACCEPTANCE CORPORATION VS
DEBTOR
Docket 32
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2014 Toyota Prius. The debtor has failed to pay 4 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Gerald Edward Young Represented By Erika Luna
10:00 AM
Movant(s):
REGIONAL ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
John H. Kim to appear by telephone
Docket 16
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtors' 2015 Volkswagen Beetle. The debtors have failed to pay 3 post- petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
John Julian Kelly Represented By Keith F Rouse
Joint Debtor(s):
Monica Lorrain Kelly Represented By Keith F Rouse
Movant(s):
Wells Fargo Bank, N.A. dba Wells Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, NA VS
DEBTOR
fr. 10-10-17; 11-14-17
Docket 57
None.
Debtor(s):
Eddie Charles Jackson Represented By Vernon R Yancy
Joint Debtor(s):
Verletta M Jackson Represented By Vernon R Yancy
Movant(s):
Wells Fargo Bank, N.A. Represented By Brandye N Foreman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DEUSCHE BANK TRUST COMPANY AMERICAS
VS DEBTOR
fr. 10-31-17; 11-28-17
Erin M. McCartney to appear by telephone
Docket 56
None.
Debtor(s):
Gregory Alexander Athans Represented By Barry E Borowitz Heather J Canning
Joint Debtor(s):
Haydee Athans Represented By Shannon A Doyle Barry E Borowitz Heather J Canning
Movant(s):
Deutsche Bank Trust Company Represented By
Erin M McCartney
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 12-12-17
Stipulation resolving motion filed 12/13/17
Docket 131
Debtor(s):
Tony Frias Jr. Represented By Dheeraj K Singhal
Movant(s):
U.S. Bank National Association Represented By Brandye N Foreman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
VS DEBTOR
fr 12-5-17
Docket 34
None.
Debtor(s):
Wendy Alicia Scott Represented By Barry E Borowitz Heather J Canning
Movant(s):
Wells Fargo Bank N.A. Represented By Joseph Smith DeMarcus Jones Bruce E Brown Angela M Fowler John Chandler
Christopher Darden Darshana Shah Brandye N Foreman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR fr. 11-7-17
Dane Exnowski to appear by telephone
Docket 51
Debtor(s):
Neil Q De Vela Represented By Kevin T Simon
Movant(s):
HSBC Bank USA, National Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr 12-5-17
Erin M. McCartney to appear by telephone
Docket 62
None.
Debtor(s):
Vilma Reginaldo Sakha Represented By Brad Weil Arlene M Tokarz
Joint Debtor(s):
Sahat Manafpour Sakha Represented By Brad Weil Arlene M Tokarz
Movant(s):
U.S. Bank National Association, as Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR
fr. 10-10-17; 11-7-17
fr 12-5-17
Docket 28
None.
Debtor(s):
Lady B. Del Rio Represented By Axel H Richter
Movant(s):
HSBC Bank USA, National Represented By Joseph C Delmotte John Tamburo
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR fr. 11-14-17
Docket 41
Debtor(s):
Marcesa Vega Represented By David R Chase
Movant(s):
The Bank of New York Mellon, as Represented By
Merdaud Jafarnia Jennifer C Wong
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR fr. 11-7-17
Dane Exnowski to appear by telephone
Docket 72
None.
Debtor(s):
Arash Akmal Represented By
Glenn Ward Calsada
Movant(s):
WELLS FARGO BANK, N.A. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DITECH FINANCIAL LLC VS
DEBTOR fr. 11-28-17
Docket 50
None.
Debtor(s):
Amanda Faith Howard Represented By Steven A Alpert
Movant(s):
Ditech Financial LLC Represented By Brandye N Foreman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DITECH FINANCIAL LLC VS
DEBTOR
fr. 10-31-17; 11-28-17
Docket 58
Debtor(s):
Salvatore Di Costanzo Represented By Brian J Soo-Hoo
Movant(s):
Ditech Financial LLC Represented By Jeff Rawlings
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FEDERAL NATIONAL MORTGAGE ASSOCIATION
VS DEBTOR
fr. 6-6-17; 8-29-17; 10-3-17; 11-14-17
Docket 42
None.
Debtor(s):
Elliott Van Buren Thomas Represented By Vernon R Yancy
Joint Debtor(s):
Barbara Jo Thomas Represented By Vernon R Yancy
Movant(s):
Federal National Mortgage Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FEDERAL NATIONAL MORTGAGE ASSOCIATION
VS DEBTOR
fr. 11-14-17
Docket 26
None.
Tentative Ruling of 11/14/17:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 5 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU
system.
Debtor(s):
Jesus Alvarado Miranda Represented By
Stuart G Steingraber
Joint Debtor(s):
Guadalupe Miranda Represented By
Stuart G Steingraber
Movant(s):
FEDERAL NATIONAL Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
THE BANK OF NEW YORK MELLON VS
DEBTOR
fr. 11-14-17; 12-12-17
Erin M. McCartney to appear by telephone
Docket 22
Debtor(s):
Juan Jose Soria Jimenez Represented By Michael E Clark
Joint Debtor(s):
Maria Del Carmen Duran Jimenez Represented By
Michael E Clark
Movant(s):
The Bank of New York Mellon fka Represented By
Erin M McCartney Mark S Krause
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr. 10-31-17; 11-28-17
Docket 21
None.
Tentative Ruling of 10/31/17:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Ouida Michiko Woods Represented By Philomena N Nzegge
Movant(s):
U.S. Bank National Association, as Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
THE BANK OF NEW YORK MELLON VS
DEBTOR
Daniel K. Fujimoto to appear by telephone
Docket 57
None.
Debtor(s):
William M King Represented By Sundee M Teeple
Joint Debtor(s):
Hattie King Represented By
Sundee M Teeple
Movant(s):
The Bank of New York Mellon as Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 59
A stipulation to continue the hearing was filed in this case. Attorney is ordered to filed the stipulation under separate cover and upload an appropriate order. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is CONTINUED to February 6, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Carlos Guardado Represented By John D Monte
Joint Debtor(s):
Jennie Reese Represented By
John D Monte
Movant(s):
Wells Fargo Bank, N.A. Represented By Brandye N Foreman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BANK OF AMERICA, N.A. VS
DEBTOR
Docket 40
Debtor(s):
Richard Preciado Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Alma Jezabel Preciado Represented By Michael E Clark Barry E Borowitz
Movant(s):
BANK OF AMERICA, N.A. Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR
Docket 25
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Irma Gloria Barragan Represented By Joshua L Sternberg
10:00 AM
Movant(s):
HSBC Bank USA, National Represented By Brandye N Foreman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 50
On January 3, 2018, the parties filed a stipulation to resolve this matter. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Zohrab Wartkes Hairic Represented By Sylvia Lew David A Tilem
Movant(s):
U.S. Bank National Association, as Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Daniel K. Fujimoto to appear by telephone
Docket 57
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Gina Maria Dapremont Represented By
10:00 AM
Movant(s):
Devin Sawdayi
Wells Fargo Bank, N.A., as trustee, Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DITECH FINANCIAL LLC VS
DEBTOR
Gilbert R. Yabes to appear by telephone
Docket 30
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ronny Heredia Represented By
10:00 AM
William G Cort
Joint Debtor(s):
Maria Aracely Heredia Represented By William G Cort
Movant(s):
Ditech Financial LLC Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR
Docket 31
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Gustavo Carrera Represented By Nicholas M Wajda
Joint Debtor(s):
Maria Estela Gonzalez Represented By Nicholas M Wajda
Movant(s):
HSBC Bank USA, National Represented By Brandye N Foreman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Daniel K. Fujiomoto to appear by telephone
Docket 42
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU
system.
Debtor(s):
Jose Hernandez Represented By Richard A Loa
Movant(s):
Deutsche Bank National Trust Represented By Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
THE BANK OF NEW YORK MELLON VS
DEBTOR
Case dismissed 12/27/17
Erin M. McCartney to appear by telephone
Docket 15
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU
10:00 AM
system.
Debtor(s):
Isidoro Orejel Pro Se
Movant(s):
The Bank Of New York Mellon Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 15
Debtor's case was dismissed on November 27, 2017; however, because movant has requested in rem relief the court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
10:00 AM
Movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Debra Jawa Pro Se
Movant(s):
Wells Fargo Bank, N.A. Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Case dismissed 11/27/17
Docket 14
Debtor's case was dismissed on November 27, 2017; however, because movant has requested in rem relief the court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
Movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Pamela Jean Smith-Cunningham Represented By
William Radcliffe
Movant(s):
U.S. Bank National Association, as Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 17
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir.
1997). All other relief is denied.
10:00 AM
Movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jose L Aguila Pro Se
Movant(s):
Wells Fargo Bank, N.A. Represented By Brandye N Foreman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
PROF-2013-M4 LEGAL TITLE TRUST VS
DEBTOR
Case dismissed 12/27/17
Magan E. Lees to appear by telephone
Docket 9
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
Further, movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an
10:00 AM
injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr.
E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
Movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jun Li Pro Se
Movant(s):
PROF-2013-M4 Legal Title Trust, Represented By
Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
AEGIS ASSET BACKED SECURITIES,, LLC VS
DEBTOR
RE: 11511 Banyan Rim Dr. Whittier, CA Julian K. Bach to appear by telephone
Docket 18
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
10:00 AM
Movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Julian D Domingo Pro Se
Movant(s):
AEGIS ASSET BACKED Represented By Julian K Bach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
AEGIS ASSET BACKED SECURITIES, LLC VS
DEBTOR
RE: 713 W Colden Ave, Los Angeles, California
Docket 16
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
Movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Julian D Domingo Pro Se
Movant(s):
AEGIS ASSET BACKED Represented By Julian K Bach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
VREJ ISSAGOULIAN VS
DEBTOR
Docket 29
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. In this case, the Court did not receive a Judge's Copy of the motion and; thus, was unable to review the contents therein.
Accordingly, the Court takes this matter OFF CALENDAR. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion. Appearances waived.
Debtor(s):
Andrew Babakhanlou Represented By Matthew D Resnik Kevin T Simon
Movant(s):
Vrej Issagoulian Represented By Armen Shaghzo
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 11
- NONE LISTED -
Debtor(s):
Rudy Roads Torres Represented By Stephen S Smyth
Movant(s):
Rudy Roads Torres Represented By Stephen S Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR
Lior Katz to appear by telephone
Docket 171
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
According to the evidence, movant has a claim in the amount of
$1,925,595.28 secured by a lien on the subject property. The Court is unable to make a finding establishing the value of the property because movant has not provided an authenticated valuation of the property. There is no evidence that the debtor has made or tendered any payments to movant since the petition date. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1).
The 14-day period specified in FRBP 4001(a)(3) is waived. All other
10:00 AM
relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
George G Washington Represented By Julie J Villalobos Alan W Forsley
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Sam S Leslie (TR) Represented By Leonard M Shulman Rika Kido
10:00 AM
Docket 5
None.
Debtor(s):
William Anderson Represented By David Jacob
Joint Debtor(s):
Gloria Bell Anderson Represented By David Jacob
Movant(s):
William Anderson Represented By David Jacob
Gloria Bell Anderson Represented By David Jacob
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Telephonic Hearing
MOISES GARCIA VS
DEBTOR
Vanessa M. Haberbush to appear by telephone
Docket 129
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
Movant(s):
Moises Garcia Represented By Gregory M Salvato
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 32
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes
Movant(s):
Wells Fargo Bank, N.A. Represented By Darlene C Vigil Brandye N Foreman
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 29
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed with In re Sara Menjivar, Case No. 17-cv-04090-DOC which is an appeal of certain orders currently pending filed by the debtor in a nonbankruptcy forum. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue).
Here, the Court finds cause to permit the pending litigation to be concluded in a non-bankruptcy forum. Movant may proceed in the non- bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or estate property, except for filing of a Proof of Claim and/or timely bringing a non-dischargeability adversary proceeding.
10:00 AM
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
This order shall be binding and effective despite any conversion of the bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes
Movant(s):
Wells Fargo Bank, N.A. Represented By Darlene C Vigil Brandye N Foreman
10:00 AM
BANK OF AMERICA, N.A. VS
DEBTOR
Docket 38
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Omar Garcia Represented By
Raymond Perez
10:00 AM
Movant(s):
Bank Of America, N.A. Represented By Kelly M Raftery Luisa M Amador Robert T Phifer Jennifer C Wong Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JOHN CHARCHIAN VS
DEBTOR
Docket 15
None.
Debtor(s):
Haile Earnel Williams Represented By Steven A Alpert
Movant(s):
John Charchian Represented By Lazaro E Fernandez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DAVID OWENS VS
DEBTOR
Docket 11
None.
Debtor(s):
Tinatenae Rochell Dolloway Pro Se
Movant(s):
DAVID OWENS Represented By Helen G Long
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr. 9-7-17
Docket 22
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
OCEAN DEVELOPMENT, INC VS
DEBTOR
Docket 8
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on September 26, 2017. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on October 12, 2017. Debtor filed the bankruptcy petition on December 8, 2017 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Ruben D Chong Ramirez Pro Se
Movant(s):
Ocean Development, Inc. Represented By Carol G Unruh
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
VALERIY KARAKENYAN VS
DEBTOR
Docket 12
None.
Debtor(s):
Sir Arthur Conan Doyle Pro Se
Movant(s):
Valeriy Karakenyan, Trustee of the Represented By
Agop G Arakelian
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01516
Villas Del Rey Condominium Assoc. v. Roshan
Telephonic Hearing
Lane K. Bogard to appear by telephone Dennis E. McGoldrick to appear by telephone
Docket 1
This status conference is continued to January 16, 2018 at 2:00 p.m. to be heard concurrently with the motion to dismiss. Appearances waived.
Debtor(s):
Kaveh Roshan Represented By Lane K Bogard
Defendant(s):
Kaveh Roshan Pro Se
Plaintiff(s):
Villas Del Rey Condominium Assoc. Represented By
Dennis E McGoldrick
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:17-01511
Acevedo et al v. Cruz
Telephonic Hearing
David B. Lally to appear by telephone
Docket 1
None.
Debtor(s):
Eddy J Cruz Represented By
Edwing F Keller
Defendant(s):
Eddy J Cruz Pro Se
Plaintiff(s):
Rosa Acevedo Represented By David Brian Lally
Jaime Avila Represented By
David Brian Lally
Carlos Enriquez Represented By David Brian Lally
America Hernandez Represented By David Brian Lally
Patricia Hernandez Represented By David Brian Lally
2:00 PM
Maria Guadalupe Ramos Represented By David Brian Lally
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:17-01498 Faillace et al v. Torres et al
Docket 1
Plaintiff is to explain why a joint status report has not been filed prior to the status conference.
Debtor(s):
Michael Torres Represented By Charles J Brash
Defendant(s):
Michael P Torres Pro Se
Carla Torres Pro Se
Joint Debtor(s):
Carla Torres Represented By
Charles J Brash
Plaintiff(s):
Ondrea Faillace Represented By Bennett Murphy
Black Rose Tavern, Inc Represented By Bennett Murphy
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01138 Clipperjet, Inc. v. Hill
fr. 4-4-17; 11-7-17
Docket 1
The parties have filed a stipulation to dismiss this adversary proceeding with prejudice. The pretrial conference is OFF CALENDAR. Appearances waived.
Debtor(s):
William Dulany Hill Represented By Michael Jay Berger Chris K Jafari
Defendant(s):
Dulany Hill Represented By
Chris K Jafari
Plaintiff(s):
Clipperjet, Inc. Represented By John D Ott
Trustee(s):
Edward M Wolkowitz (TR) Represented By Andy Kong
Aram Ordubegian Sevan Gorginian
2:00 PM
Adv#: 2:17-01539 Federal Trade Commission v. Dayer et al
Docket 1
- NONE LISTED -
Debtor(s):
Donald Lee Dayer Represented By Mark T Young
Defendant(s):
Donald Lee Dayer Pro Se
Katherina Dayer Pro Se
Joint Debtor(s):
Katherina Dayer Represented By Mark T Young
Plaintiff(s):
Federal Trade Commission Represented By Kimberly L Nelson
2:00 PM
Adv#: 2:17-01496 Wolkowitz v. Garcia
Docket 9
None.
Debtor(s):
Marco Antonio Garcia Represented By
Levene Neale Bender Yoo & Brill LLP
Defendant(s):
Marco Antonio Garcia Pro Se
Plaintiff(s):
Edward M. Wolkowitz Represented By Monica Y Kim
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay Monica Y Kim
2:00 PM
Adv#: 2:17-01496 Wolkowitz v. Garcia
Docket 1
None.
Debtor(s):
Marco Antonio Garcia Represented By
Levene Neale Bender Yoo & Brill LLP
Defendant(s):
Marco Antonio Garcia Pro Se
Plaintiff(s):
Edward M. Wolkowitz Represented By Monica Y Kim
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay Monica Y Kim
2:00 PM
Adv#: 2:17-01378 Wolkowitz v. Eco Modular, Inc. et al
fr. 11-7-17; 12-12-17
Docket 25
None.
Debtor(s):
Marco Antonio Garcia Represented By
Levene Neale Bender Yoo & Brill LLP
Defendant(s):
Eco Modular, Inc. Represented By Robert S Altagen
Jose Gomez Pro Se
Marco Antonio Garcia Pro Se
Movant(s):
Edward M Wolkowitz Represented By Monica Y Kim
Plaintiff(s):
Edward M Wolkowitz Represented By Monica Y Kim
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay
2:00 PM
Monica Y Kim
2:00 PM
Adv#: 2:17-01378 Wolkowitz v. Eco Modular, Inc. et al
#8.00 Status Conference re Complaint for declaratory relief
fr. 10-3-17; 10-10-17; 11-14-17; 12-12-17
Docket 1
None.
Debtor(s):
Marco Antonio Garcia Represented By
William H Brownstein
Levene Neale Bender Yoo & Brill LLP
Defendant(s):
Eco Modular, Inc. Pro Se
Jose Gomez Pro Se
Marco Antonio Garcia Pro Se
Plaintiff(s):
Edward M Wolkowitz Represented By Monica Y Kim
2:00 PM
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay Monica Y Kim
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr. 9-20-17; 11-15-17
Docket 56
- NONE LISTED -
Debtor(s):
Luisa Urias Represented By
Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-1-17
Docket 103
- NONE LISTED -
Debtor(s):
J. Craig Fostrey Represented By Tamar Terzian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17
Docket 27
- NONE LISTED -
Debtor(s):
Juan Almanza Represented By Rebecca Tomilowitz
Joint Debtor(s):
Rosanna Almanza Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-1-17
Docket 25
- NONE LISTED -
Debtor(s):
Mario Santana Navarro Represented By Brad Weil
Joint Debtor(s):
Karla Cecilia Lopez Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17
Docket 36
- NONE LISTED -
Debtor(s):
Fausto Trajano Cordova Represented By Raymond J Seo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-1-17
Docket 29
- NONE LISTED -
Debtor(s):
Odon Dela Cruz Salvacion Represented By
James Geoffrey Beirne
Joint Debtor(s):
Eliza R. Salvacion Represented By
James Geoffrey Beirne
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17
Docket 39
- NONE LISTED -
Debtor(s):
Tomacka Thrasher Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17
Docket 49
- NONE LISTED -
Debtor(s):
Isaias L Ferrer Represented By Justin D Graham
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 6-28-17, 8-2-17; 8-23-17; 9-6-17; 9-20-17
11-15-17
Docket 34
- NONE LISTED -
Debtor(s):
Reid Jeffrey Osherow Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 7-5-17; 9-6-17; 11-15-17
Docket 32
- NONE LISTED -
Debtor(s):
Gloria Martinez Represented By William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 1/10/18
Docket 27
- NONE LISTED -
Debtor(s):
Eduardo Ponce Represented By Stephen S Smyth William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-15-17
Docket 87
- NONE LISTED -
Debtor(s):
Catherine Mireles Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17
Docket 39
- NONE LISTED -
Debtor(s):
Garcia Amelia Represented By Michael V Jehdian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
- NONE LISTED -
Debtor(s):
Isidoro Landeros Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 59
- NONE LISTED -
Debtor(s):
Guadalupe Ramirez Maldonado Represented By Patricia A Mireles
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 51
- NONE LISTED -
Debtor(s):
Santos Velasquez Ramiro Jr. Represented By Paul M Allen
Joint Debtor(s):
Fe Troncoso Ramiro Represented By Paul M Allen
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 16
- NONE LISTED -
Debtor(s):
John Arthur Kujawa Represented By Jeffrey N Wishman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 62
- NONE LISTED -
Debtor(s):
Josephine Bonita Isabel-Jones Represented By
Makoto Shuttleworth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 59
- NONE LISTED -
Debtor(s):
Sharon Rebecca Beatty Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 31
- NONE LISTED -
Debtor(s):
Mark Logan Represented By
Melissa A Clark Katherine Sandoval
Joint Debtor(s):
Patricia Logan Represented By Melissa A Clark Katherine Sandoval
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 52
- NONE LISTED -
Debtor(s):
William M King Represented By Jennifer M Grant
Joint Debtor(s):
Hattie King Represented By
Jennifer M Grant
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 34
- NONE LISTED -
Debtor(s):
Laszlo Nemeth Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 135
- NONE LISTED -
Debtor(s):
Laura Hernandez Represented By Michael F Frank
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
- NONE LISTED -
Debtor(s):
Toney Leon Davis Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 33
- NONE LISTED -
Debtor(s):
Francisco Gilbert Valdivia Represented By James C Shields
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 58
- NONE LISTED -
Debtor(s):
Abelardo Ramirez Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 21
- NONE LISTED -
Debtor(s):
Arlinda Cleopatra Miller Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 99
- NONE LISTED -
Debtor(s):
Vena Marie Rubalcaba Represented By Matthew D Resnik Kevin T Simon
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 29
- NONE LISTED -
Debtor(s):
Betty Louise Thorpe Represented By
Michelle A Marchisotto Sundee M Teeple
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 32
- NONE LISTED -
Debtor(s):
Oscar Antonio Fashen Represented By
Jerome Bennett Friedman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 36
- NONE LISTED -
Debtor(s):
Henry L Jackson Represented By Thomas B Ure
Joint Debtor(s):
Carolyn L Jackson Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 38
- NONE LISTED -
Debtor(s):
Julie Ann Angulo Represented By Steven Ibarra
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 48
- NONE LISTED -
Debtor(s):
Junaya Sherri Canton Represented By Chelsea A Ryan Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 18
- NONE LISTED -
Debtor(s):
Kathy M. Ulloa Represented By Christian T Spaulding
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
- NONE LISTED -
Debtor(s):
Luis Humberto Parada Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 46
- NONE LISTED -
Debtor(s):
Floretta K Manning Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17
Docket 41
- NONE LISTED -
Debtor(s):
Sean Beattie Represented By
Devin Sawdayi
Joint Debtor(s):
Christel Beattie Represented By Devin Sawdayi
Movant(s):
Sean Beattie Represented By
Devin Sawdayi
Christel Beattie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-5-17;8-23-17; 9-20-17
fr 11-1-17
Docket 38
- NONE LISTED -
Debtor(s):
Sean Beattie Represented By
Devin Sawdayi
Joint Debtor(s):
Christel Beattie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 230
- NONE LISTED -
Debtor(s):
Jorge Oswaldo Obregon Represented By Claudia L Phillips Susan Salehi
S Renee Sawyer Blume Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 48
- NONE LISTED -
Debtor(s):
Stephen Michael Bauer Represented By Kevin T Simon
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
David B Lally to appear by telephone Samuel A Moniz to appear by telephone
Docket 74
None.
Debtor(s):
Erin Baldwin Represented By
William J Smyth Stephen S Smyth Andrew Edward Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-13-17
Docket 72
None.
Debtor(s):
Erin Baldwin Represented By
William J Smyth Stephen S Smyth Andrew Edward Smyth
Movant(s):
Erin Baldwin Represented By
William J Smyth Stephen S Smyth Andrew Edward Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Brandye Forman to appear by telephone
Docket 47
None.
Debtor(s):
Benjie L Knox Represented By Sunita N Sood
Movant(s):
Benjie L Knox Represented By Sunita N Sood
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 62
None.
Debtor(s):
Eddie Charles Jackson Represented By Vernon R Yancy
Joint Debtor(s):
Verletta M Jackson Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 7-12-17; 10-11-17; 11-15-17
Docket 53
- NONE LISTED -
Debtor(s):
Eddie Charles Jackson Represented By Vernon R Yancy
Joint Debtor(s):
Verletta M Jackson Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 49
None.
Debtor(s):
Michael Torres Represented By Charles J Brash
Joint Debtor(s):
Carla Torres Represented By
Charles J Brash
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-13-17
Docket 38
None.
Debtor(s):
Michael Torres Represented By Charles J Brash
Joint Debtor(s):
Carla Torres Represented By
Charles J Brash
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 15
No opposition having been filed and good cause presented, the motion is GRANTED. Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Sandra Marie Piernas Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 16
No opposition having been filed and good cause presented, the motion is GRANTED. Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Sandra Marie Piernas Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Case dismissed 12/28/17
Nichole L Glowin to appear by telephone
Docket 20
- NONE LISTED -
Debtor(s):
Darryl M Jones Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
No opposition was filed.
This objection to the proof of claim of OneMain Financial, Inc. ("Claim No. 13") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The court is granting the relief requested to disallow Claim No. 13.
The claimant's default is entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). Appearances waived.
The objection is sustained. The court disallows Claim No. 13 as it was not timely filed. Claim No. 13 was filed on February 16, 2015, after the deadline of October 14, 2014 for filing claims in this case. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
David John Bautista Jr. Represented By David Lozano
Joint Debtor(s):
Adelle Marie Bautista Represented By David Lozano
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
None.
Debtor(s):
Cesar Edward Hernandez Represented By Nicholas W Gebelt
Joint Debtor(s):
Cynthia Marie Hernandez Represented By Nicholas W Gebelt
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 82
The objections to the exemptions are SUSTAINED. The failure of the debtors to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the chapter 13 trustee has established a prima facie case for granting the relief requested. The debtors are not permitted to claim the homestead exemption in the amount of $120,000 under CCP § 704.720 as this amount exceeds the maximum that may be claimed. Further, the debtors are not permitted to claim exempt the equity in two vehicles in the amount of
$27,000 under CCP § 704.010 as this amount exceeds the maximum that may be claimed. The chapter 13 trustee shall submit an appropriate order. No appearance is necessary.
Debtor(s):
Hilario Gomez Represented By Edward A Villalobos Luis G Torres
Joint Debtor(s):
Margarita Gomez Represented By Edward A Villalobos Luis G Torres
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 20
- NONE LISTED -
Debtor(s):
Leon Massoth Represented By Axel H Richter
Movant(s):
Leon Massoth Represented By Axel H Richter Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 18
Appearances required.
The Court ordered Debtor to give notice of the hearing on this motion to the affected creditor by December 20, 2017. Debtor failed to file a proof of service indicating Debtor's compliance with that order. The Debtor must provide proper service before the motion can be considered.
In addition, Debtor seeks to value her 2003 Fiat based on the trade in value stated in the Kelly Blue Book. However, Debtor must use the retail value calculated by adjusting the Kelley Blue Book or N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors. In re Morales , 387 B.R. 36, 45 (Bankr. C.D. Cal. 2008).
Debtor(s):
Sonja Ashby Kingsley Pro Se
Movant(s):
Sonja Ashby Kingsley Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-13-17
Docket 66
None.
Debtor(s):
Jose Luis Covarrubias Represented By Christopher J Langley
Movant(s):
Jose Luis Covarrubias Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-13-17
Docket 67
None.
Debtor(s):
Jose Luis Covarrubias Represented By Christopher J Langley
Movant(s):
Jose Luis Covarrubias Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-1-17
Docket 43
None.
Debtor(s):
William Osmeo Godoy Represented By Joshua L Sternberg
Joint Debtor(s):
Veronica Godoy Represented By Joshua L Sternberg
Movant(s):
William Osmeo Godoy Represented By Joshua L Sternberg
Veronica Godoy Represented By Joshua L Sternberg Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-2-17; 9-6-17; 9-20-17; 11-15-17
STIP. TO CONTINUE FILED 1-8-18
Docket 37
None.
Debtor(s):
Mayra Lopez Represented By
Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-11-17; 11-15-17
Docket 31
None.
Debtor(s):
Arturo Torres Magallon Represented By Louis J Esbin
Joint Debtor(s):
Jaclyn J Torres Represented By Louis J Esbin
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
11-15-17
Docket 26
None.
Debtor(s):
Bertha Noemi Gonzalez Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 14
The valuation motion is DENIED without prejudice.
Debtors seek to value debtors' PERSONAL PROPERTY, a 2008 Nissan Armada, at a fair market value of $3,574. The subject property is secured by an interest held by CarMax Business Services LLC, securing a loan with a balance as of the petition date of approximately $11,675.39. Here, Debtor has provided insufficient evidence of the value of the collateral.
Debtor must use the retail value of the car, and submit a Kelley Blue Book/N.A.D.A. Guide retail value or other such evidence of valuation. Courts have employed a variety of vehicle valuation methods under § 506(a)(2), and presently the Ninth Circuit has not established a uniform method. See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal.) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit).
However, in In re Morales, the United States Bankruptcy Court for the Central District of California determined that retail value should be calculated "by adjusting the Kelley Blue Book or N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr. C.D. Cal. 2008). Appearances waived.
Pursuant to LBR 9021-1(b)(1)(B), debtors must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Carolina Alvarado Salcido Represented By
Rabin J Pournazarian
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 133
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. In this case, the Court did not receive a Judge's Copy of the motion and; thus, was unable to review the contents therein.
Accordingly, the Court takes this matter OFF CALENDAR. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion. Appearances waived.
Debtor(s):
Alejandro Ponce Represented By Peter L Lago
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
None.
Final Ruling:
This motion has been set for hearing on the notice required by LBR 4001(c)(1) and LBR 9013-1(d)(2). The failure of any party in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 90913- 1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary.
See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Debtor seeks to value debtor’s residence at a fair market value of
$475,000 as of February 18, 2017. The subject property is encumbered by a first deed of trust lien held by Bank of America, securing a loan with a balance as of the petition date of approximately $481,570.63 and a second deed of trust held by Deutsche Bank National Trust Company, securing a loan with a balance as of the petition date of approximately $54,915.82. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339
U.S. 306, 314 (1950). No opposition was filed. Therefore, Deutsche Bank National Trust Company’s claim secured by a junior deed of trust lien is completely under-collateralized.
1:30 PM
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan or the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan or upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Felis V. Corona Represented By Joseph L Pittera
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon
Docket 39
None.
Debtor(s):
Alverna Stanley Represented By Phillip Myer
10:00 AM
for Cohnreznick LLP, Financial Advisor fr. 12-7-17
Docket 108
The Court continued the hearing on this matter to allow Applicant to file a supplemental declaration describing the services rendered. Applicant filed its declaration on December 27, 2017. To date, no response to the declaration has been filed. Accordingly, the Court approves the Application as provided below.
The Court has reviewed the Application for Payment of Fees of CohnReznick, LLP. Applicant has volunteered to reduce its requested fees by 10%. Therefore, the Court GRANTS the Application and awards
$59,044.50 in fees and $28.80 in costs, for a total of $59,073.30. The Court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Applicant is to lodge an appropriate order.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Telephonic Hearing
fr. 7-13-17; 9-7-17
Docket 1
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 142
- NONE LISTED -
Debtor(s):
William O Haight Represented By Dana M Douglas M Jonathan Hayes
10:00 AM
fr 11-03-16; 1-26-17, 3-9-17; 5-11-17, 5-25-17
7-13-17; 8-24-17, 10-12-17
Docket 4
None.
Debtor(s):
William O Haight Represented By Dana M Douglas Dana M Douglas Dana M Douglas Dana M Douglas Dana M Douglas
10:00 AM
fr 8-24-17; 10-12-17; 11-16-17
STIP TO WITHDRAW CLAIM FILED 1-9-18
Docket 109
The Court notes that the parties filed a stipulation for withdrawal of the objection to claim without prejudice to all issues not already ruled on by the Court and providing that the order approving the stipulation shall constitute a final disposition on the issues related to creditors standing under the note and deed of trust as ruled upon by the Court. The Court requires that the order approving the stipulation specifically provide for the Court's ruling regarding the creditor's standing to file the claim. Debtor is to upload an appropriate order. Appearances waived.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
Movant(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
fr. 3-30-17, 5-25-17, 8-3-17; 8-24-17; 10-12-17; 11-16-17
STIP. TO CONT'D HRG. FILED 1-9-18
Docket 0
Pursuant to the parties' stipulation, the status conference is continued to March 29, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
10:00 AM
Docket 79
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
to Employ SulmeyerKupetz, A Professional Corporation, as General Bankruptcy Counsel
Docket 17
- NONE LISTED -
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
10:00 AM
Docket 916
Pursuant to the parties' stipulation filed on January 4, 2018 at Docket No. 925, this matter is CONTINUED to February 1, 2018 at 10:00 a.m. The Court will enter an order approving the stipulation. Appearances waived.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Docket 915
Pursuant to the parties' stipulation filed on January 4, 2018 at Docket No. 925, this matter is CONTINUED to February 1, 2018 at 10:00 a.m. The Court will enter an order approving the stipulation. Appearances waived.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Docket 40
None.
Debtor(s):
Winston O'Mally Represented By Frank J Alvarado
10:00 AM
Docket 41
None.
Debtor(s):
Winston O'Mally Represented By Frank J Alvarado
2:00 PM
Docket 8
None.
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
Movant(s):
American Ranch and Seafood Represented By Sandford L. Frey Sandford L. Frey
2:00 PM
A). Authorizing but Requiring Payment of
Pre-Petition Wages (1) Wages and Salaries and (2) Related Taxes
B) Authorizing and Directing Financial Institutions to Receive, Process, Honor and Pay all Checks Presented for Payment
Docket 9
None.
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
Movant(s):
American Ranch and Seafood Represented By Sandford L. Frey Sandford L. Frey
10:00 AM
Judgment Lien with Rosemead Place LLC
522f (Real Property)
fr. 8-23-17; 10-11-17; 12-8-17
Docket 62
None.
Debtor(s):
Jorge Gomez Represented By
Clifford Bordeaux
Joint Debtor(s):
Lorenza Gomez Represented By Clifford Bordeaux
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
301 SOUTH GLENDORA AVENUE APARTMENTS VS
DEBTOR
Docket 10
- NONE LISTED -
Debtor(s):
Jack Damon Roberts Pro Se
Movant(s):
301 South Glendora Avenue Represented By Agop G Arakelian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JIN CHUL KIM VS
DEBTOR
Docket 8
On January 3, 2018, the Court entered an order dismissing the debtor's bankruptcy case. Movant is the lessor of real property occupied by the debtor; this Court does not grant in rem/(d)(4) relief in cases involving leases. Accordingly, the Court will not retain its jurisdiction to hear this matter. The hearing on this motion is now OFF CALENDAR. Appearances waived.
Debtor(s):
Young Chul Cho Pro Se
Movant(s):
Jin Chul Kim Represented By
Paul E Gold
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
EXETER FINANCE LLC VS
DEBTOR
Docket 50
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2014 Chevrolet Cruze. The debtor has failed to pay 21 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Kenneth P. Justak Represented By Gregory Grigoryants
10:00 AM
Movant(s):
Exeter Finance LLC Represented By Bret D. Allen
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Docket 46
None.
Debtor(s):
Socorro Alberto Represented By
Raj T Wadhwani
Movant(s):
TOYOTA MOTOR CREDIT Represented By Mark D Estle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CIT BANK, N.A.
VS
DEBTOR fr. 12-12-17
Docket 82
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Andrew M Batwinas Represented By
10:00 AM
Movant(s):
Matthew D Resnik
S Renee Sawyer Blume
CIT BANK, N.A. Represented By Andrew Kussmaul Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr. 11-7-17; 12-12-17
Docket 88
None.
Tentative Ruling of 11/7/17:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtors have failed to pay 6 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Richard Pacheco Represented By Vernon R Yancy
Joint Debtor(s):
Elva Bernice Pachero Represented By Vernon R Yancy
Movant(s):
U.S. Bank National Association, as Represented By
Joely Khanh Linh Bui Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr. 6-6-17; 8-29-17; 10-31-17
fr. 12-12-17
Docket 91
None.
Debtor(s):
J. Craig Fostrey Represented By Tamar Terzian
Movant(s):
U.S. Bank National Association, as Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, NATIONAL ASSOCIATION
VS DEBTOR
fr. 12-12-17
Docket 48
None.
Debtor(s):
Renee Antoinette Gunter Represented By Arsen Pogosov
Movant(s):
Wells Fargo Bank, National Represented By Leslie M Klott Nirvani Singh April Harriott Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 67
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtors' residence. The debtors have failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Yeng Song Represented By
Hasmik Jasmine Papian
10:00 AM
Joint Debtor(s):
Mai Lee Song Represented By
Hasmik Jasmine Papian
Movant(s):
Deutsche Bank National Trust Represented By Mark D Estle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 30
None.
Debtor(s):
Mario Santana Navarro Represented By Brad Weil
Joint Debtor(s):
Karla Cecilia Lopez Represented By Brad Weil
Movant(s):
Wells Fargo Bank, N.A. Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 35
Debtor(s):
Aubrey Manuel Represented By John Asuncion
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 16
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based
10:00 AM
upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Gonzalo Oropeza Pro Se
Movant(s):
Deutsche Bank National Trust Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ALLAN M ALFRED KARLSEN OR MARILEE KARLSEN
VS DEBTOR
Docket 19
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when
10:00 AM
conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Raj Jawa Pro Se
Movant(s):
Paul R. Torre Represented By
Allan D Sarver
Allan M. Alfred Karlsen or Marilee Represented By
Allan D Sarver
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 6
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on December 19, 2017. This motion was filed on December 19, 2017, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditor listed on page 3 of the motion. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion
10:00 AM
based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Carlyn Joyce Couch Represented By Sanaz S Bereliani
Movant(s):
Carlyn Joyce Couch Represented By Sanaz S Bereliani
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MONIQUE ENCISO VS
DEBTOR fr. 11-14-17
Docket 14
None.
Debtor(s):
Raul Enciso Sr. Represented By Robert C Aronoff
Movant(s):
Monique Enciso Represented By John A Bunnett
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
MONIQUE ENCISO VS
DEBTOR fr. 11-14-17
Monique Enciso vs Raul Enciso, Sr et al
Non Bankruptcy Action -LA Superior Court Case
Docket 13
None.
Debtor(s):
Raul Enciso Sr. Represented By Robert C Aronoff
Movant(s):
Monique Enciso Represented By John A Bunnett
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 44
Debtor's case was dismissed on December 18, 2017; however, because movant has requested in rem relief, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1), (d)(2), and (d)(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the Court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981).
The subject real property has a value of $550,000.00 and is encumbered by a perfected deed of trust or mortgage in favor of the movant. The liens against the property total $592,550.89. The Court finds there is no equity and there is no evidence that the trustee can administer the subject real property for the benefit of creditors. Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject
10:00 AM
property without the consent of the movant or Court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jose Roberto Benitez-Gomez Pro Se
10:00 AM
Movant(s):
U.S. Bank National Association, as Represented By
Angie M Marth
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
THE BANK NEW YORK MELLON VS
DEBTOR
Docket 8
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the Court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject real property has a value of $498,872.00 and is encumbered by a perfected deed of trust or mortgage in favor of the movant. The liens against the property total $532,520.71. The Court finds there is no equity and there is no evidence that the trustee can administer the subject real property for the benefit of creditors. 11 U.S.C. § 362(d)(2). This is cause to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Richard L Johnson Pro Se
Movant(s):
The Bank of New York Mellon fka Represented By
Erin M McCartney
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Docket 9
None.
Debtor(s):
Rodney M Van Pelt Represented By Laleh Ensafi
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01516 Villas Del Rey Condominium Assoc. v. Roshan
Docket 4
None.
Debtor(s):
Kaveh Roshan Represented By Lane K Bogard
Defendant(s):
Kaveh Roshan Represented By Lane K Bogard
Plaintiff(s):
Villas Del Rey Condominium Assoc. Represented By
Dennis E McGoldrick
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:17-01516
Villas Del Rey Condominium Assoc. v. Roshan
Telephonic Hearing
fr. 1-9-18
Docket 1
None.
Debtor(s):
Kaveh Roshan Represented By Lane K Bogard
Defendant(s):
Kaveh Roshan Pro Se
Plaintiff(s):
Villas Del Rey Condominium Assoc. Represented By
Dennis E McGoldrick
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:17-01272 Leonardi v. O'Neill
avoid lien
avoid preferential transfer
avoid fraudulent transfer
disallow claim
in the alternative determine validity, extent and priority of lien and;
for injunctive equitable and declaratory relief relating thereto
fr. 7-11-17; 11-28-17
Docket 1
This pretrial conference is CONTINUED to February 13, 2018 at 2:00
p.m. The Court will enter an order regarding such continuance.
Appearances waived.
Tentative Ruling of 11/28/17:
Pursuant to the parties' stipulation filed on November 20, 2017 at Docket No. 11, this pretrial conference is CONTINUED to January 16, 2018 at 2:00 p.m. The Court will enter an order approving the stipulation.
Appearances waived.
2:00 PM
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
Defendant(s):
Jennifer O'Neill Pro Se
Plaintiff(s):
Cedric Leonardi Represented By Leslie A Cohen
10:00 AM
Docket 0
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes
10:00 AM
Docket 56
None.
Debtor(s):
Winston O'Mally Represented By Frank J Alvarado
Movant(s):
Winston O'Mally Represented By Frank J Alvarado Frank J Alvarado
10:00 AM
fr 9-7-17; 10-5-17
Docket 20
None.
Debtor(s):
Winston O'Mally Pro Se
10:00 AM
FR: 1-11-18
Docket 41
None.
Debtor(s):
Winston O'Mally Represented By Frank J Alvarado
10:00 AM
Telephonic Hearing
Martin R. Weingarten to appear by telephone
Docket 224
None.
Debtor(s):
Ana Ramos Represented By
Martin R Weingarten
10:00 AM
Telephonic Hearing
fr. 4-20-17, 5-25-17; 6-29-17; 11-9-17, 12-14-17
Docket 202
None.
Debtor(s):
Ana Ramos Represented By
Martin R Weingarten
10:00 AM
Docket 143
None.
Debtor(s):
Aurora Bartola Gutierrez Represented By
Anthony Obehi Egbase Crystle J Lindsey Kevin Tang
Edith Walters
10:00 AM
Docket 0
Pursuant to the Court's order approving Debtor's First Amended Disclosure Statement (Docket No. 103), Debtor was to file a ballot tally declaration and a brief in support of confirmation by January 4, 2018. To date, neither of these documents has been filed. Debtor should be prepared to explain why she failed to comply with the above deadline and to move her case forward as planned.
Debtor(s):
Bernice Morales Represented By
Anthony Obehi Egbase Crystle J Lindsey Edith Walters
Clarissa D Cu Robert Rosvall
10:00 AM
Docket 193
None.
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
Docket 0
Reorganized Debtor is to explain failure to timely file Post-Confirmation Status Report.
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
fr. 11-16-17
Docket 75
None.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
10:00 AM
Docket 71
None.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
10:00 AM
fr. 3-9-17; 6-29-17; 10-5-17, 11-16-17
Docket 0
None.
Tentative Ruling of 10/5/17:
At the June 29, 2017 status conference, the Court set a deadline to file a plan and disclosure statement of September 29, 2017. To date no plan or disclosure statement has been filed. Further, Debtor stated in her initial status report that Debtor would seek a loan modification possibly through the LMM program. To date no motion to participate in the LMM program has been filed. Debtor is (1) to explain the apparent lack of any progress in this case since conversion in January 2017; (2) to address the issues raised by the US Trustee in his response including the ability to propose a confirmable plan given the amount of the priority tax debt and the lack of liquidity, and (3) why the case should not be dismissed.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
10:00 AM
Docket 59
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation. No further continuances will be allowed. Accordingly, this matter CONTINUED to February 15, 2018 at 10:00 a.m. Appearances waived.
Tentative Ruling of 12/14/17:
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter CONTINUED to January 18, 2018 at 10 a.m. Appearances waived.
Tentative Ruling of 11/9/17:
Pursuant to the parties' stipulation filed on October 27, 2017 at Docket No. 64, this matter is CONTINUED to December 14, 2017 at 10:00 a.m. The Court will enter an order approving the stipulation. Appearances waived.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
fr. 9-7-17; 1-9-18
Docket 22
This status conference is CONTINUED to February 15, 2018 at 10:00
a.m. Appearances waived.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
Adv#: 2:15-01467
Holy Hill Community Church v. Zemer et al
Telephonic Hearing
fr. 11-19-15; 12-15-15, 1-20-15, 3-22-16; 3-29-16
4-19-16, 6-21-16; 8-9-16; 11-8-16; 1-10-17; 2-2-17;
3-9-17; 6-13-17; 7-11-17, 8-1-17; 9-5-17; 10-10-17
11-14-17, 12-14-17
Docket 11
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Yuval Bar Zemer Pro Se
1111 Sunset, LLC Pro Se
Downtown Capital, LLC Pro Se
Metropolitan Water District of Represented By Matthew A Lesnick
Carl Sohn Pro Se
Chan Hyo Tak Pro Se
10:00 AM
Hae Hoon Owh Pro Se
Sung Yeol Yim Pro Se
Interested Party(s):
Courtesy NEF Represented By Jeffrey A Krieger
Intervenor-Plaintiff(s):
1111 Sunset Boulevard, LLC Represented By Jeffrey A Krieger
Plaintiff(s):
Holy Hill Community Church Represented By Andy Kong
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:00 AM
Adv#: 2:15-01467 Holy Hill Community Church v. Zemer et al
FR. 10-13-15; 12-15-15; 1-20-16, 3-22-16; 3-29-16, 6-21-16
8-9-16; 11-8-16; 1-10-17; 2-2-17,3-9-17; 6-13-17; 7-11-17,
8-1-17; 9-5-17; 10-10-17; 11-14-17, 12-14-17
Docket 1
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Yuval Bar Zemer Pro Se
1111 Sunset, LLC Pro Se
Downtown Capital, LLC Pro Se
Metropolitan Water District of Pro Se
Carl Sohn Pro Se
Chan Hyo Tak Pro Se
10:00 AM
Hae Hoon Owh Pro Se
Sung Yeol Yim Pro Se
Plaintiff(s):
Holy Hill Community Church Represented By Andy Kong
Trustee(s):
Richard J. Laski Represented By Andy Kong
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:00 AM
Docket 566
The plaintiff and reorganized debtor are to address the following issues. The Motion indicates that the class action plaintiff requests that the Court approve on a final basis the amended class action settlement.
However, the terms of the amended settlement appear to be different from the final settlement reached by the parties after the third mediation as described in the motion. Further, any approval must indicate, as stated in the motion, that the terms of the plan and confirmation order control. In addition, the plaintiff requests that the Court enter an order and judgment in a Los Angeles Superior Court action. How can the Court do that? Does the Los Angeles Superior Court action need to be removed to the bankruptcy court first?
Debtor(s):
Pacific 9 Transportation, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 141
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
to Employ SulmeyerKupetz, A Professional Corporation, as General Bankruptcy Counsel
fr. 1-11-18
Docket 17
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
10:00 AM
Docket 72
This matter is CONTINUED to January 30, 2018 at 11:00 a.m.
Appearances waived.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
Movant(s):
R & S Antiques, Inc. Represented By Victor A Sahn Victor A Sahn
10:00 AM
Conduct Store Closing Sale;
Sell Assets Free and Clear of All Liens, Encumbrances, and Interests Pursuant to Bankruptcy Code Sections 363(b) and (f);
Approving Store Closing Sale Guidelines
Waiving the fourteen day stay Provided by Bankruptcy Rule 6004;
Docket 80
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
Movant(s):
R & S Antiques, Inc. Represented By Victor A Sahn Victor A Sahn
2:00 PM
Docket 0
The Court issued an Order to Show Cause why the Court should not dismiss Debtor's case for failure to comply with the installment payment schedule as required under Federal Rule of Bankruptcy Procedure 1006(b). Specifically, Debtor was to pay any outstanding installments by January 16, 2018. To date, no payment has been made.
Debtor(s):
Accordingly, Debtor's case is dismissed.
Noemi Yanes Garzon Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
fr 9-14-17
Docket 144
A stipulation to continue the hearing was filed in this matter. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to April 12, 2018 at 2:00 p.m. No appearances allowed.
Debtor(s):
George G Washington Represented By Julie J Villalobos Alan W Forsley
Trustee(s):
Sam S Leslie (TR) Represented By Leonard M Shulman Rika Kido
2:00 PM
fr. 12-7-17
Docket 140
- NONE LISTED -
Debtor(s):
William Dulany Hill Represented By Michael Jay Berger Chris K Jafari
Trustee(s):
Edward M Wolkowitz (TR) Represented By Andy Kong
Aram Ordubegian Sevan Gorginian
10:00 AM
SELLERS NET, INC. VS
DEBTOR
Docket 31
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on August 24, 2017. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on September 7, 2017. A judgment was entered on October 11, 2017. Debtor filed the bankruptcy petition on October 10, 2017 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
Movant has requested that the Court grant in rem relief under 11
U.S.C. § 362(d)(4). However, the Court does not grant such relief in cases involving leases. Accordingly, Movant's request for in rem relief is denied.
Movant also requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the
10:00 AM
subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v.
TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr.
E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl.
Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ruben D Bello Pro Se
Movant(s):
Sellers Net, Inc Represented By Robert A Krasney
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
CAPITAL ONE AUTO FINANCE VS
DEBTOR
Docket 30
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2012 BMW 3 Series. The debtor has failed to pay 6 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Terence Maurice Booth Represented By Daniel King
10:00 AM
Movant(s):
Capital One Auto Finance, a Represented By Bret D. Allen
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DAIMLER TRUST VS
DEBTOR
Docket 29
- NONE LISTED -
Debtor(s):
Rachelle Genese Kessee Represented By Sanaz S Bereliani
Movant(s):
Daimler Trust Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
REGIONAL ACCEPTANCE CORPORATION VS
DEBTOR fr. 1-9-18
Docket 32
Debtor(s):
Gerald Edward Young Represented By Erika Luna
Movant(s):
REGIONAL ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
KIA MOTORS FINANCE VS
DEBTOR fr. 1-9-18
Docket 24
None.
Tentative Ruling of 1/9/18:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtors' 2014 Kia Optima. The debtors have failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Anthony Rudolph Torres Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Monica Torres Represented By Michael E Clark Barry E Borowitz
Movant(s):
Kia Motors Finance Represented By Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NISSAN MOTOR ACCEPTANCE CORPORATION VS
DEBTOR fr. 1-9-18
Adequate protection stipulation filed 1/29/18
Docket 93
On January 25, 2018, the parties executed a stipulation to resolve the matter and lodged an order with the Court. However, the stipulation must be filed under separate cover on the case docket before the Court can enter the parties' proposed order. The parties are advised to file their stipulation and lodge a new order at that time. Appearances waived.
Debtor(s):
Richard Pacheco Represented By Vernon R Yancy
Joint Debtor(s):
Elva Bernice Pachero Represented By Vernon R Yancy
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
fr 10-3-17; 10-31-17; fr 12-5-17; 12-13-17
Case dismissed 11/9/17
Dane Exnowski to appear by telephone
Docket 33
None.
Tentative Ruling of 12/5/17:
Debtor's case was dismissed at a hearing on November 1, 2017. On November 6, 2017, Debtor filed a motion to vacate the dismissal and self- calendared her motion for December 13, 2017 at 1:30 p.m. Accordingly, the hearing on Movant's stay relief motion is CONTINUED to December 13, 2017 at 1:30 p.m. to be heard concurrently with Debtor's motion. Appearances waived.
Debtor(s):
Michelle L Eshaghpour Represented By David S Hagen
10:00 AM
Movant(s):
WELLS FARGO BANK, N. A. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR fr. 1-9-18
Docket 57
Debtor(s):
Gina Maria Dapremont Represented By Devin Sawdayi
Movant(s):
Wells Fargo Bank, N.A., as trustee, Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR
Docket 44
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay 8 post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when
10:00 AM
conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Maria Gonzalez Represented By
R Grace Rodriguez
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Docket 78
None.
Debtor(s):
Billy A. Garcia Jr. Represented By
Anthony Obehi Egbase Crystle J Lindsey Edith Walters
Joint Debtor(s):
Katheryn Garcia Represented By
Anthony Obehi Egbase Crystle J Lindsey Edith Walters
Movant(s):
Nationstar Mortgage LLC as Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 64
On January 19, 2018, the parties filed a stipulation to resolve the matter. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Edwin Choi Represented By
Aaron Lloyd
Movant(s):
U.S. Bank National Association, as Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WILMINGTON SAVINGS FUND SOCIETY
VS DEBTOR
Angie M Marth to appear by telephone
Docket 15
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings
10:00 AM
LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Raj Jawa Pro Se
Movant(s):
Wilmington Savings Fund Society, Represented By
Angie M Marth
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DEUTSCHE BANK NATIONAL TRUST
VS DEBTOR
Joseph Delmotte to appear by telephone
Docket 22
None.
Debtor(s):
Genetta Sandra Ligon James Represented By Kevin T Simon
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Gilbert R Yabes
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 23
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 2 post-petition payments and an additional payment came due on January 1, 2018. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Donald Fogel Represented By
10:00 AM
Nathan Fransen
Joint Debtor(s):
Sandra Lea Fogel Represented By Nathan Fransen
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Paul W Cervenka Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
LOANDEPOT.COM, LLC VS
DEBTOR
Christina J. O to appear by telephone
Docket 23
- NONE LISTED -
Debtor(s):
Derrick Terrell Dolberry Represented By
D Justin Harelik
Movant(s):
loanDepot.com, LLC, and its Represented By Christina J O
loanDepot.com, LLC, and its Represented By Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DANIEL GARZA VS
DEBTOR
Docket 24
None.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Movant(s):
Daniel Garza Represented By
Baruch C Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
MOISES GARCIA VS
DEBTOR fr. 1-9-18
Daniel H. Reiss to appear by telephone
Docket 129
Matters 17, 18 and 19 will be held and taken at the end of the calendar.
Debtor(s):
None.
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
Movant(s):
Moises Garcia Represented By Gregory M Salvato
10:00 AM
Telephonic Hearing
Alfredo Liera, Jr.
VS
DEBTOR
Daniel H. Reiss to appear by telephone
Docket 143
Matters 17, 18 and 19 will be taken at the end of the calendar.
The parties should be prepared to address and argue the following points with respect to matters 18 and 19:
Discretionary abstention: Why or why shouldn't the court abstain?
Should both matters 18 and 19 be treated the same? In other words, does it make a difference that Labor Commission orders have been issued for the 11 claimants in matter 18?
What occurs should an appeal be filed with the state court? Is it de novo review?
Would the debtor have this court review all claims de novo should the claim adjudication remain here without regard to the decisions of the Labor Commission?
Why is an appeal bond necessary? Can the court authorize the parties to proceed in state court without the posting of a bond? After all, the parties must return to bankruptcy court to enforce the claims in any event.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
10:00 AM
Movant(s):
David R Haberbush
Alfredo Liera Jr., Represented By Don E Bokovoy
10:00 AM
Telephonic Hearing
Jose H. Escobedo VS
DEBTOR
Daniel H. Reiss to appear by telephone
Docket 144
See Matter 18.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
Movant(s):
Jose H. Escobedo Represented By Don E Bokovoy
10:00 AM
Docket 9
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on January 3, 2018. This motion was filed on January 6, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Anthony Francisco Sanchez Represented By Barry E Borowitz
Joint Debtor(s):
Lisette Sanchez Represented By Barry E Borowitz
Movant(s):
Anthony Francisco Sanchez Represented By Barry E Borowitz
Lisette Sanchez Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 13
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on January 4, 2018. This motion was filed on January 10, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Cartznes, David Phillip Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JONAL YIP VS DEBTOR
Docket 16
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1), (d)(2), and (d)(4). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on August 6, 2017. Movant filed an unlawful detainer complaint on October 10, 2017. Debtor filed the bankruptcy petition on December 28, 2017 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed. Furthermore, the court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4).
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case
10:00 AM
under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Silvestre Bautista Pro Se
Movant(s):
Jonal Yip Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Telephonic Hearing
THE BANK NEW YORK MELLON VS
DEBTOR fr. 1-16-18
Erin M McCartney to appear by telephone
Docket 8
None.
Debtor(s):
Richard L Johnson Pro Se
Movant(s):
The Bank of New York Mellon fka Represented By
Erin M McCartney
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
fr. 1-18-18
Docket 72
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
Movant(s):
R & S Antiques, Inc. Represented By Victor A Sahn Victor A Sahn
2:00 PM
Adv#: 2:17-01255 Trickel et al v. Dayer et al
fr. 6-27-17, 8-1-17; 11-7-17
Docket 1
None.
Debtor(s):
Donald Lee Dayer Represented By Mark T Young
Defendant(s):
Donald Lee Dayer Represented By Mark T Young
Katherina Dayer Represented By Mark T Young
Joint Debtor(s):
Katherina Dayer Represented By Mark T Young
Plaintiff(s):
Francis W. Trickel Represented By
Michael D Sobkowiak
Mary E. Trickel Represented By
Michael D Sobkowiak
2:00 PM
2:00 PM
Adv#: 2:17-01323 Roberts v. Dayer et al
Docket 1
None.
Debtor(s):
Donald Lee Dayer Represented By Mark T Young
Defendant(s):
Donald Lee Dayer Represented By Mark T Young
Katherina Dayer Represented By Mark T Young
Joint Debtor(s):
Katherina Dayer Represented By Mark T Young
Plaintiff(s):
Dale A. Roberts Represented By
Michael H Raichelson
2:00 PM
Adv#: 2:16-01290 Mastan v. Danpour et al
avoidance of preferential transfers [11 U.S.C. Section 547]
avoidance of actual fraudulent transfers [11 U.S.C. Section 548(a)(1)(A)]
avoidance of constructive fraudulent transfers [11 U.S.C. 548(a)(1)(B)]
recovery of avoided transfers [11 U.S.C. Section 550] and
disallowance of claims [11 U.S.C.Section 502]
fr. 8/23/16; 9-6-16; 10-11-16; 11-15-16; 1-24-17; 3-28-17;
10-3-17
Docket 1
The parties should be prepared to explain why they should not be sanctioned pursuant to Local Bankruptcy Rule 7016-1(a) for failing to file a status report in advance of the status conference.
Debtor(s):
Avenue K1753, LLC Represented By Fadi Amer
2:00 PM
Defendant(s):
Henry Danpour Pro Se
Koko and Fashion Field, Inc. Pro Se
Movant(s):
Peter J. Mastan Represented By Meghann A Triplett
Plaintiff(s):
Peter J. Mastan Represented By Meghann A Triplett
Trustee(s):
Peter J Mastan (TR) Represented By Nina Z Javan
Meghann A Triplett
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:16-01291 Mastan v. Jeffrey Licht & Associates, Inc. et al
Avoidance of Preferential Transfers [11 U.S.C. § 547];
Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A);
Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B)];
Recovery of Avoided Transfers [11 U.S.C. § 550];
Disallowance of Claims [11 U.S.C. § 502]
fr 3-7-17; 3-28-17; 9-5-17, 10-3-17; 11-7-17
Default entered by clerk against defendant
Docket 20
Debtor(s):
Avenue K1753, LLC Represented By Fadi Amer
2:00 PM
Defendant(s):
Jeffrey Licht & Associates, Inc. Pro Se
Jeffrey Licht Represented By
Lara R Shapiro
Plaintiff(s):
Peter J. Mastan Represented By Meghann A Triplett Jeremy Faith
Trustee(s):
Peter J Mastan (TR) Represented By Nina Z Javan
Meghann A Triplett
2:00 PM
Adv#: 2:17-01547 Mastan v. Bondanelli et al
Docket 1
None.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Carlo Bondanelli Pro Se
Carlo Bondanelli, as trustee of St. Pro Se St. Joseph's Investments, Inc. Pro Se St. Joseph's Investments, Inc. in its Pro Se Does 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
2:00 PM
Adv#: 2:17-01548 Mastan v. Biasiolo et al
Docket 1
None.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Pierluigi Biasiolo Pro Se
Renergy Alliance Corporation, a Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
Adv#: 2:17-01549 Mastan v. Desert Solis, Inc., a California corporation et al
Docket 1
None.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Desert Solis, Inc., a California Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
Adv#: 2:17-01550 Mastan v. Civitas Incorporated., a California corporation et
Docket 1
None.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Civitas Incorporated., a California Pro Se St. Joseph's Investments, Inc., a Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr. 1/11/17; 2-1-17
Docket 33
- NONE LISTED -
Debtor(s):
Lady B. Del Rio Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
11 U.S.C. Section 707(b)(3) and a complaint objecting to the debtor's discharge under 11 U.S.C. Section 727 by The United States Trustee only
Docket 12
No opposition having been filed, and good cause presented, the motion is GRANTED. The deadline for the U.S. Trustee to file a § 707(b)(3) motion to dismiss and a complaint objecting to the debtor's discharge is extended through and including April 12, 2018. The U.S. Trustee shall lodge an appropriate order. Appearances waived.
Debtor(s):
Aram Shirikchyan Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
to Extend Exclusivity Period to March 9, 2018
Docket 151
- NONE LISTED -
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
Movant(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Telephone Appearances:
Carey D Schreiber Medley Capital
William S Brody Austin Financial Services Brian T Harvey Austin Financial Services
Docket 111
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
Movant(s):
Point.360, a California Corporation Represented By
Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau
10:00 AM
Telephonic Hearing
Telephone Appearances:
Carey D Schreiber Medley Capital
William S Brody Austin Financial Services Brian T Harvey Austin Financial Services
Docket 117
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
Movant(s):
Point.360, a California Corporation Represented By
Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau
10:00 AM
Telephonic Hearing
Telephone Appearances:
Carey D Schreiber Medley Capital
William S Brody Austin Financial Services Brian T Harvey Austin Financial Services
Docket 119
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
Movant(s):
Point.360, a California Corporation Represented By
Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau
10:00 AM
Docket 372
The parties to this claim objection filed a stipulation resolving the claim objection. The Court will enter an order approving the stipulation. This matter is taken off calendar. Appearances waived.
Debtor(s):
Pacific 9 Transportation, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Telephonic Hearing
FR. 1-11-18
Ashley McDow to appear by telephone
Docket 915
A stipulation to continue the hearing was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to March 1, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Telephonic Hearing
FR. 1-11-18
Ashley McDow to appear by telephone
Docket 916
A stipulation to continue the hearing was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to March 1, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Telephonic Hearing
11,12,14
FR 12-14-17
David Meadows to appear by telephone
Docket 221
- NONE LISTED -
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
FR 12-14-17
Docket 210
This matter is continued to February 15, 2018 at 10:00 a.m. to be heard concurrently with the the Disclosure Statement Hearing. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
Movant(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
Telephonic Hearing
fr. 8-13-15; 9-24-15; 1-28-16, 5-26-16; 9-28-16
1-26-17, 5-25-17; 8-24-17, 12-14-17
Casey Z Donoyan to appear by telephone
Docket 1
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
Docket 142
None.
Debtor(s):
William O Haight Represented By Dana M Douglas M Jonathan Hayes
10:00 AM
fr 11-03-16; 1-26-17, 3-09-17; 5-11-17, 5-25-17
7-13-17; 8-24-17, 10-12-17, 1-11-18
Docket 4
This scheduling and case management conference is taken OFF CALENDAR due to Debtor's confirmation hearing. Appearances waived.
Debtor(s):
William O Haight Represented By Dana M Douglas Dana M Douglas Dana M Douglas Dana M Douglas Dana M Douglas
2:00 PM
to Bisconti Estates, LLC for Deposit by the Trustee into the Estate, 3) Act on Behalf of Bisconti Estates, LLC to Exercise Control over Bank Accounts in the Name of Bisconti Estates, LLC and any Funds Held
or Deposited Therein, Including Authority for the Trustee to Direct a Financial Institution Holding such Accounts or Funds to Turnover all Funds Held by such Financial Institution to the Trustee; and 4) Direct Funds in Control
of Bisconti Estates, LLC to Accounts Held by the Trustee for Deposit into the Estate
fr. 11-7-17
Docket 279
None.
Debtor(s):
Ambra Bisconti Represented By Daren M Schlecter Michael Jay Berger
Movant(s):
Peter J Mastan (TR) Represented By Sharon Z. Weiss
2:00 PM
Trustee(s):
Peter J Mastan (TR) Represented By Sharon Z. Weiss
10:00 AM
Telephonic Hearing
ALLY FINANCIAL INC. VS
DEBTOR
Adam Barasch to appear by telephone
Docket 45
No opposition was filed. The Court takes judicial notice of the debtor's motion to modify or suspend plan payments filed in this case on November 14, 2017 in which the debtor stated an intention to surrender the vehicle to movant.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2011 Honda Insight. The debtor has failed to pay 18 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Alma Lileana Polanco Represented By Michael E Clark Barry E Borowitz
Movant(s):
Ally Financial Inc. Represented By Adam N Barasch
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WESTLAKE FINANCIAL SERVICES VS
DEBTOR
Docket 35
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2014 Ford Fusion. The debtor has failed to pay 5 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Gerald Edward Young Represented By Erika Luna
10:00 AM
Movant(s):
Westlake Financial Services Represented By Jamie D Hanawalt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK TRUST COMPANY AMERICAS
VS DEBTOR
fr. 10-31-17; 11-28-17, 1-9-18
Docket 56
On February 1, 2018, the parties filed a stipulation to resolve the matter. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Gregory Alexander Athans Represented By Barry E Borowitz Heather J Canning
Joint Debtor(s):
Haydee Athans Represented By Shannon A Doyle Barry E Borowitz Heather J Canning
10:00 AM
Movant(s):
Deutsche Bank Trust Company Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR fr. 1-9-18
Docket 59
Pursuant to the Court's order of January 30, 2018, this matter is CONTINUED to March 27, 2018 at 10:00 a.m. Appearances waived.
Tentative Ruling of 1/9/18:
A stipulation to continue the hearing was filed in this case. Attorney is ordered to filed the stipulation under separate cover and upload an appropriate order. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is CONTINUED to February 6, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Carlos Guardado Represented By John D Monte
Joint Debtor(s):
Jennie Reese Represented By
John D Monte
10:00 AM
Movant(s):
Wells Fargo Bank, N.A. Represented By Brandye N Foreman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 57
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. Accordingly, the Court takes this matter OFF CALENDAR for non-receipt of a Judge's Copy. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion.
Appearances waived.
Debtor(s):
Donna M. Henson Represented By Peter M Lively
Movant(s):
U.S. Bank National Association, as Represented By
Brandye N Foreman Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Robert Altagen to appear by telephone Merdaud Jafarnia to appear by telephone
Docket 28
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Oscar Ayala Represented By
Robert S Altagen
Movant(s):
Wells Fargo Bank, N.A., its Represented By Merdaud Jafarnia Bruce E Brown Erin Holliday Milton Williams Corey Phuse
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 48
- NONE LISTED -
Debtor(s):
Ramon Larios Rojas Represented By Luis G Torres
Movant(s):
Deutsche Bank National Trust Represented By Tyneia Merritt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
FLAGSTAR BANK FSB VS
DEBTOR
Darlene C. Vigil to appear by telephone
Docket 49
This bankruptcy case was converted to a case under chapter 7 of the Bankruptcy Code on January 30, 2018. Accordingly, the motion is taken OFF CALENDAR. Moving party must reschedule the hearing and serve the motion and notice of the new hearing on the chapter 7 trustee. Appearances waived.
Debtor(s):
Scott Thomas Edwards Represented By Mark T Young
Movant(s):
Flagstar Bank, FSB Represented By Brandye N Foreman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DITECH FINANCIAL LLC VS
DEBTOR
Darlene C. Vigil to appear by telephone
Docket 23
No opposition was filed. The Court takes judicial notice of the Chapter 13 Plan filed in this case on September 27, 2017 in which the debtor stated an intention to surrender the property to movant.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 10 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Carolyn D Peterson Represented By Julie J Villalobos
Movant(s):
Ditech Financial LLC Represented By Brandye N Foreman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Case Dismissed on 1-3-18
Darlene C. Vigil to appear by telephone
Docket 11
Debtor's case was dismissed on January 3, 2018; however, because movant has requested in rem relief, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
The motion is DENIED without prejudice for improper service.
According to the proof of service attached to the motion, Movant failed to serve the motion and notice of the hearing on the debtor at the correct address for service listed on the docket in this case.
Movant shall lodge an appropriate order. Appearances waived.
Debtor(s):
Habib Basravi Pro Se
Movant(s):
Wells Fargo Bank, N.A. Represented By Brandye N Foreman
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR
Docket 48
None.
Debtor(s):
Patricia West Represented By
Joseph A West
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
fr. 1-11-18
Docket 79
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
Telephonic Hearing
in Possession to Employ Professional, Eddie Rodriguez of ERC & Associates Inc. as Accountant
David Meadows to appear by telephone Giovanni Orantes to appear by telephone
Docket 238
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
Movant(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
2:00 PM
Richard K. Diamond
Docket 38
None.
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Richard K. Diamond. Richard K. Diamond ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized
$2,769.12 in expenses. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the Court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys
2:00 PM
in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $25,000. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The Court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Debtor(s):
Applicant shall submit an appropriate order.
Roger Mark Telles Sr. Represented By David Lozano
Joint Debtor(s):
Maria Guadalupe Telles Represented By David Lozano
Trustee(s):
Richard K Diamond (TR) Represented By Kevin Meek
Danning Gill Diamond & Kollitz LLP Zev Shechtman
2:00 PM
Docket 37
Danning, Gill, Diamond & Kollitz. The Court has reviewed the Application of Danning, Gill, Diamond & Kollitz, LLP for the Allowance of Fees and Reimbursement of Expenses. The Court GRANTS the Application and awards $16,685.50 in fees and $278.62 in costs, for a total of $16,964.12.
The Court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1).
Appearances waived.
Trustee is to lodge an appropriate order.
Debtor(s):
Roger Mark Telles Sr. Represented By David Lozano
Joint Debtor(s):
Maria Guadalupe Telles Represented By David Lozano
Trustee(s):
Richard K Diamond (TR) Represented By Kevin Meek
Danning Gill Diamond & Kollitz LLP Zev Shechtman
10:00 AM
Adv#: 2:15-01560 Windom et al v. Gonzalez
fr. 8-7-17, 8-10-17; 10-16-17, 11-13-17
Docket 1
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes
Defendant(s):
Maria C Gonzalez Represented By Giovanni Orantes John Davis
Plaintiff(s):
Chima Anyanwu Represented By John Davies John Davis
Giovanni Orantes
Robin Windom Represented By John Davies John Davis
Giovanni Orantes
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
A-L FINANCIAL CORPORATIO VS
DEBTOR
Docket 22
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2016 Kia Rio. The debtor has failed to pay 5 post-petition payments. Also, the debtor has not provided movant with proof of insurance on the vehicle. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Mario Figueroa Represented By Kahlil J McAlpin
10:00 AM
Movant(s):
A-L Financial Corporation Represented By Lincoln D Gardner
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
THE BANK OF NEW YORK MELLON VS
DEBTOR fr. 1-9-18
Docket 57
Debtor(s):
William M King Represented By Sundee M Teeple
Joint Debtor(s):
Hattie King Represented By
Sundee M Teeple
Movant(s):
The Bank of New York Mellon as Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR fr. 1-16-18
Docket 30
Debtor(s):
Mario Santana Navarro Represented By Brad Weil
Joint Debtor(s):
Karla Cecilia Lopez Represented By Brad Weil
Movant(s):
Wells Fargo Bank, N.A. Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR
fr. 10-10-17; 11-7-17; 12-5-17, 1-9-18
Docket 28
Debtor(s):
Lady B. Del Rio Represented By Axel H Richter
Movant(s):
HSBC Bank USA, National Represented By Joseph C Delmotte John Tamburo
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FEDERAL NATIONAL MORTGAGE ASSOCIATION
VS DEBTOR
fr. 6-6-17; 8-29-17; 10-3-17; 11-14-17, 1-9-18
Docket 42
None.
Debtor(s):
Elliott Van Buren Thomas Represented By Vernon R Yancy
Joint Debtor(s):
Barbara Jo Thomas Represented By Vernon R Yancy
Movant(s):
Federal National Mortgage Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DITECH FINANCIAL LLC VS
DEBTOR fr. 1-9-18
Stipulation for adequate protection filed 1/30/18
Docket 30
Debtor(s):
Ronny Heredia Represented By William G Cort
Joint Debtor(s):
Maria Aracely Heredia Represented By William G Cort
Movant(s):
Ditech Financial LLC Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
VS DEBTOR
Docket 54
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. Accordingly, the Court takes this matter OFF CALENDAR for non-receipt of a Judge's Copy. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion.
Appearances waived.
Debtor(s):
Diosdado B Balcorta Jr. Represented By Carlo Reyes
Movant(s):
DITECH FINANCIAL LLC Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
FREEDOM MORTGAGE CORPORATION VS
DEBTOR
Erin M McCartney to appear by telephone
Docket 42
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jewel Hardy Represented By
Thomas B Ure
10:00 AM
Movant(s):
Freedom Mortgage Corporation Represented By Merdaud Jafarnia Erin M McCartney Mark S Krause
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 39
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Bryan A Kumiyama Represented By David S Hagen
10:00 AM
Movant(s):
U.S. Bank National Association, as Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WILMINGTON SAVINGS FUND SOCIETY
VS DEBTOR
Darlene Vigil to appear by telephone
Docket 40
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 6 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Lisa Virgene McGeo Represented By Clifford Bordeaux
Movant(s):
Wilmington Savings Fund Society, Represented By
Darlene C Vigil
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
BANC OF CALIFORNIA VS
DEBTOR
Erin M McCartney to appear by telephone
Docket 13
Debtor's case was dismissed on January 26, 2018; however, because movant has requested in rem relief, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
10:00 AM
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Teresa Hernandez Pro Se
Movant(s):
Banc of California, National Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Angie M Marth to appear by telephone
Docket 157
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
According to the evidence, movant has a claim in the amount of
$2,398,671.27 secured by a lien on the subject property. The Court is unable to make a finding establishing the value of the property because movant has not provided an authenticated valuation of the property. There is no evidence that the debtor has made or tendered any payments to movant since the petition date. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1). Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or Court approval and multiple
10:00 AM
bankruptcy filings affecting the subject real property. 11 U.S.C. § 362(d)(4).
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
William Dulany Hill Represented By Michael Jay Berger Chris K Jafari
Movant(s):
U.S. Bank National Association, as Represented By
Angie M Marth
Trustee(s):
Edward M Wolkowitz (TR) Represented By Andy Kong
Aram Ordubegian Sevan Gorginian
10:00 AM
Telephonic Hearing
HSBC BANK USA VS
DEBTOR
Theron S Covey, III to appear by telephone
Docket 43
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1), (d)(2), and (d)(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the Court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981).
The subject real property has a value of $425,000.00 and is encumbered by a perfected deed of trust or mortgage in favor of the movant. The liens against the property total $532,977.39. The Court finds there is no equity and there is no evidence that the trustee can administer the subject real property for the benefit of creditors. Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject
10:00 AM
property without the consent of the movant or Court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Angenetta Allen Represented By Daniel King
Movant(s):
HSBC BANK USA Represented By Sean C Ferry
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
KAY KISUTA VS
DEBTOR
Docket 10
The motion is DENIED without prejudice due to improper service.
Local Bankruptcy Rule 4001-1(c) requires the moving party on a motion for relief from the automatic stay to serve the motion on both the debtor and the debtor's attorney. Here, Movant served Debtor's counsel but failed to serve the motion and notice of the hearing on Debtor at the correct address for service listed on the docket in this case. Accordingly, service of the motion is improper.
Movant shall upload an appropriate order. Appearances waived.
Debtor(s):
Celia Rodriguez Represented By Christopher P Walker
Movant(s):
Kay Kitsuta Represented By
James R Ebert
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
KIA MOTORS FINANCE VS
DEBTOR
fr. 1-9-18; 1-30-18
Docket 24
None.
Tentative Ruling of 1/9/18:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtors' 2014 Kia Optima. The debtors have failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Anthony Rudolph Torres Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Monica Torres Represented By Michael E Clark Barry E Borowitz
Movant(s):
Kia Motors Finance Represented By Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
EXETER FINANCE LLC VS
DEBTOR fr. 1-16-18
STIP TO CONTINUE FILED 2-6-18
Docket 50
On February 6, 2018, the parties filed a stipulation to continue the hearing on this matter. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is CONTINUED to March 20, 2018 at 10:00 a.m. Appearances waived.
Tentative Ruling of 1/16/18:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2014 Chevrolet Cruze. The debtor has failed to pay 21 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case
10:00 AM
to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Kenneth P. Justak Represented By Gregory Grigoryants
Movant(s):
Exeter Finance LLC Represented By Bret D. Allen
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01563
Gill v. Chaudhry et al
Telephonic Hearing
John Tedford to appear by telephone
Docket 1
None.
Debtor(s):
Fehmida Mahmood Represented By Michael R Totaro
Defendant(s):
Maqbool M. Chaudhry Pro Se
Nasreen K. Chaudhry Pro Se
Plaintiff(s):
David A. Gill Represented By
John N Tedford
Trustee(s):
David A Gill (TR) Represented By John N Tedford Aaron E de Leest
2:00 PM
Adv#: 2:17-01566 Reyes v. Educational Credit Management Corporation (ECMC) e
Docket 1
Debtor(s):
Steven J. Reyes Represented By Michael F Chekian
Defendant(s):
Educational Credit Management Pro Se
1 through 5, Inclusive DOES Pro Se
Plaintiff(s):
Steven J. Reyes Represented By Michael F Chekian
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01378
Wolkowitz v. Eco Modular, Inc. et al
Telephonic Hearing
#3.00 Status Conference re Complaint for declaratory relief
fr. 10-3-17; 10-10-17; 11-14-17; 12-12-17, 1-9-18
Robert Altagen to appear by telephone
Docket 1
None.
Debtor(s):
Marco Antonio Garcia Represented By
William H Brownstein
Levene Neale Bender Yoo & Brill LLP
Defendant(s):
Eco Modular, Inc. Pro Se
Jose Gomez Pro Se
Marco Antonio Garcia Pro Se
2:00 PM
Plaintiff(s):
Edward M Wolkowitz Represented By Monica Y Kim
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay Monica Y Kim
2:00 PM
Adv#: 2:17-01272 Leonardi v. O'Neill
avoid lien
avoid preferential transfer
avoid fraudulent transfer
disallow claim
in the alternative determine validity, extent and priority of lien and;
for injunctive equitable and declaratory relief relating thereto
fr. 7-11-17; 11-28-17; 1-16-18
Docket 1
None.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
Defendant(s):
Jennifer O'Neill Pro Se
Plaintiff(s):
Cedric Leonardi Represented By Leslie A Cohen
2:00 PM
2:00 PM
Adv#: 2:17-01291 Garcia et al v. Garcia et al
fr. 7-25-17; 8-22-17; 10-3-17; 10-31-17; 11-28-17
Docket 1
Debtor(s):
Rene Garcia Represented By
Todd J Roberts
Defendant(s):
Rene Garcia Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Ben Garcia Represented By
Dennis Patrick Wilson
Deana Garcia Represented By
Dennis Patrick Wilson
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:16-01290
Mastan v. Danpour et al
Telephonic Hearing
avoidance of preferential transfers [11 U.S.C. Section 547]
avoidance of actual fraudulent transfers [11 U.S.C. Section 548(a)(1)(A)]
avoidance of constructive fraudulent transfers [11 U.S.C. 548(a)(1)(B)]
recovery of avoided transfers [11 U.S.C. Section 550] and
disallowance of claims [11 U.S.C.Section 502]
fr. 8/23/16; 9-6-16; 10-11-16; 11-15-16; 1-24-17; 3-28-17;
10-3-17; 1-30-18
Allan Johnson to appear by telephone Meghann Triplett to appear by telephone
Docket 1
The parties should be prepared to explain why they should not be sanctioned pursuant to Local Bankruptcy Rule 7016-1(a) for failing to file a status report in advance of the status conference.
2:00 PM
Debtor(s):
Avenue K1753, LLC Represented By Fadi Amer
Defendant(s):
Henry Danpour Pro Se
Koko and Fashion Field, Inc. Pro Se
Movant(s):
Peter J. Mastan Represented By Meghann A Triplett
Plaintiff(s):
Peter J. Mastan Represented By Meghann A Triplett
Trustee(s):
Peter J Mastan (TR) Represented By Nina Z Javan
Meghann A Triplett
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr. 9-20-17
fr. 12-13-17
Docket 58
- NONE LISTED -
Debtor(s):
Mary Fuller Represented By
Matthew D Resnik
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-10-17, 7-12-17; 9-6-17; 10-18-17
fr. 12-13-17
Docket 51
- NONE LISTED -
Debtor(s):
BRENDA LISETTE ESCORCIA Represented By
Ivette Teran
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 10-18-17
fr. 12-13-17
Docket 31
- NONE LISTED -
Debtor(s):
Logan William Ruru Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 1-10-18
Docket 29
- NONE LISTED -
Debtor(s):
Betty Louise Thorpe Represented By
Michelle A Marchisotto Sundee M Teeple
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-20-17; 11-15-17
Docket 55
- NONE LISTED -
Debtor(s):
Paul Trevino Represented By
Daniela P Romero
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 11-15-17
Docket 41
- NONE LISTED -
Debtor(s):
Maria Isabel Ochoa Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-6-17; 9-20-17; 11-15-17
fr. 12-13-17
Docket 49
- NONE LISTED -
Debtor(s):
Jaime Gerald Cabasco Gonzales Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 11-15-17
Docket 43
- NONE LISTED -
Debtor(s):
Rodolfo L Lomeli Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 11-15-17
Docket 25
- NONE LISTED -
Debtor(s):
Fortunato Ramirez Jr. Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 12-13-17
Docket 36
- NONE LISTED -
Debtor(s):
Dorris Richard White Jr Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr, 12-13-17
Docket 46
- NONE LISTED -
Debtor(s):
Rafael Godinez Ramirez Represented By Lauren Rode
Joint Debtor(s):
Evangelina Ramirez Represented By Lauren Rode
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr, 12-13-17
Docket 31
- NONE LISTED -
Debtor(s):
Levin Antonio Gutierrez Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 11-15-17
Docket 27
- NONE LISTED -
Debtor(s):
Alicia Maria Martinez Represented By David Lozano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 77
- NONE LISTED -
Debtor(s):
Onofre Anguiano Jr. Represented By Matthew D Resnik
S Renee Sawyer Blume
Joint Debtor(s):
Maria J Anguiano Represented By Matthew D Resnik
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 65
- NONE LISTED -
Debtor(s):
Angelica D Cooper Represented By Steven P Chang
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 166
- NONE LISTED -
Debtor(s):
Oscar Eduardo Carmona Represented By Nicholas W Gebelt
Joint Debtor(s):
Evey Ibeth Carmona Represented By Nicholas W Gebelt
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 49
- NONE LISTED -
Debtor(s):
Rafael Torres De La Torre Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 31
- NONE LISTED -
Debtor(s):
Silvia Lopez Represented By
Deborah R Bronner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
- NONE LISTED -
Debtor(s):
Betsy Yun-Yuan Wang Represented By Paul Horn
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 34
- NONE LISTED -
Debtor(s):
Keith Berglund Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
- NONE LISTED -
Debtor(s):
Angela Olivia Beltran Represented By Andrew Moher
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
- NONE LISTED -
Debtor(s):
Jose Angel Mata Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 22
- NONE LISTED -
Debtor(s):
Lorena Maccioni Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 21
- NONE LISTED -
Debtor(s):
Diane Marie Ullrich Represented By Roland H Kedikian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 99
- NONE LISTED -
Debtor(s):
Angela D Walton Represented By Matthew D Resnik
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 5-24-17, 8-2-17; 9-20-17; 11-15-17; 12-13-17
Docket 88
- NONE LISTED -
Debtor(s):
Angela D Walton Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
N.A. on October 30, 2017 FR. 1-31-18
Docket 98
Pursuant to the parties' stipulation filed on January 22, 2018 at Docket No. 107, this matter is CONTINUED to February 14, 2018 at 1:30 p.m. The Court will enter an order approving the stipulation. Appearances waived.
Debtor(s):
Gary Alvarez Represented By
Charles J Brash
Joint Debtor(s):
Jodi Alvarez Represented By
Charles J Brash
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 7-5-17; 9-6-17; 10-11-17; 11-15-17; 1-31-18
Docket 47
- NONE LISTED -
Debtor(s):
Gary Alvarez Represented By
Charles J Brash
Joint Debtor(s):
Jodi Alvarez Represented By
Charles J Brash
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 88
None.
Debtor(s):
Victoriano Rodriguez Represented By
Roger D Stacy - DISBARRED - George C Panagiotou
Joint Debtor(s):
Maricela Rodriguez Represented By
Roger D Stacy - DISBARRED - George C Panagiotou
Movant(s):
SRP 2012-4 LLC Represented By
Kristin A Zilberstein
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
Docket 27
None.
Debtor(s):
Carolyn E. Frazee Represented By Steven B Lever
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
None.
Debtor(s):
Ernesto Parra Represented By
Phillip Myer
Joint Debtor(s):
Norma Parra Represented By
Phillip Myer
Movant(s):
Ernesto Parra Represented By
Phillip Myer Phillip Myer
Norma Parra Represented By
Phillip Myer Phillip Myer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-1-17; 12-13-17; 1-31-18
Docket 92
None.
Debtor(s):
Paul Nelson Represented By
Devin Sawdayi
Joint Debtor(s):
Linda Nelson Represented By
Devin Sawdayi Barry E Cohen
Movant(s):
Paul Nelson Represented By
Devin Sawdayi
Linda Nelson Represented By
Devin Sawdayi Barry E Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 39
None.
Debtor(s):
Gloria Martinez Represented By William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 14
None.
Debtor(s):
Lydia M Torres Represented By Daniela P Romero
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
None.
Final Ruling:
This motion has been set for hearing on the notice required by LBR 4001(c)(1) and LBR 9013-1(d)(2). The failure of any party in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 90913- 1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary.
See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Debtor seeks to value debtor’s residence at a fair market value of
$625,000 as of May 20, 2017. The subject property is encumbered by a first deed of trust lien held by Select Portfolio Servicing, Inc., securing a loan with a balance as of the petition date of approximately $656,608.45 and a second deed of trust held by Real Time Resolutions, securing a loan with a balance as of the petition date of approximately $90,505.82. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, Real Time Resolutions’ claim secured by a junior deed of trust lien is completely under-collateralized.
1:30 PM
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan or the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan or upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Debbie M Page Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-2-17; 9-6-17; 9-20-17; 11-15-17, 1-10-18
STIP. TO CONTINUE FILED 1-8-18
Docket 37
None.
Debtor(s):
Mayra Lopez Represented By
Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
Mayra Lopez Represented By
Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 18
On January 23, 2018, this case was converted to one under chapter 7.
Accordingly, this matter is OFF CALENDAR. Appearances waived.
Debtor(s):
Sonja Ashby Kingsley Pro Se
Movant(s):
Sonja Ashby Kingsley Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
1:30 PM
Judgment Lien with Rosemead Place LLC
522f (Real Property)
fr. 8-23-17; 10-11-17; 12-8-17; 1-12-18
Docket 62
None.
Debtor(s):
Jorge Gomez Represented By
Clifford Bordeaux
Joint Debtor(s):
Lorenza Gomez Represented By Clifford Bordeaux
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 145
None.
Debtor(s):
Donald Lee Dayer Represented By Mark T Young
Joint Debtor(s):
Katherina Dayer Represented By Mark T Young
10:00 AM
Telephonic Hearing
fr. 5-25-17, 7-13-17; 9-14-17; 10-5-17; 11-9-17,
11-20-17
Docket 36
None.
Debtor(s):
Donald Lee Dayer Represented By Mark T Young
Joint Debtor(s):
Katherina Dayer Represented By Mark T Young
10:00 AM
Docket 29
None.
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
Movant(s):
United States Trustee (LA) Represented By Alvin Mar
10:00 AM
Docket 54
None.
Debtor(s):
Alverna Stanley Represented By Phillip Myer
10:00 AM
fr. 1-18-18; 1-30-18
Docket 72
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
Movant(s):
R & S Antiques, Inc. Represented By Victor A Sahn Victor A Sahn
10:00 AM
Docket 101
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
10:00 AM
Docket 108
None.
Debtor(s):
Bernice Morales Represented By
Anthony Obehi Egbase Crystle J Lindsey Edith Walters
Clarissa D Cu Robert Rosvall
10:00 AM
fr. 5-11-17; 9-7-17, 1-18-18
Docket 49
None.
Debtor(s):
Bernice Morales Represented By
Anthony Obehi Egbase Crystle J Lindsey
10:00 AM
fr. 5-11-17, 7-13-17; 9-25-17; 10-12-17,
11-27-17, 12-14-17
Docket 70
None.
Debtor(s):
Hector Ocegueda Represented By
M Jonathan Hayes
Movant(s):
Hector Ocegueda Represented By
M Jonathan Hayes
10:00 AM
Docket 45
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 59
None.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
fr. 9-7-17; 1-9-18, 1-18-18
Docket 22
Debtor should be prepared to explain why he failed to file a status report in advance of this scheduling and case management conference.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
Docket 0
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen
10:00 AM
Telephonic Hearing
Docket 0
None.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Telephonic Hearing
fr. 5-4-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17
Docket 54
On January 31, 2018, the parties filed a stipulation to continue the hearing on this matter. The Court will enter an order approving the stipulation. Accordingly, this matter is CONTINUED to March 5, 2018 at 2:00
p.m. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
fr. 10/5/17, 11-16-17; 12-7-17
Docket 148
On January 31, 2018, the parties filed a stipulation to continue the hearing on this matter. The Court will enter an order approving the stipulation. Accordingly, this matter is CONTINUED to March 5, 2018 at 2:00
p.m. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
Movant(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
fr. 11-16-17,12-7-17
Docket 211
On January 31, 2018, the parties filed a stipulation to continue the hearing on this matter. The Court will enter an order approving the stipulation. Accordingly, this matter is CONTINUED to March 5, 2018 at 2:00
p.m. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
Docket 289
On January 31, 2018, the parties filed a stipulation to continue the hearing on this matter. The Court will enter an order approving the stipulation. Accordingly, this matter is CONTINUED to March 5, 2018 at 2:00
p.m. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 290
On January 31, 2018, the parties filed a stipulation to continue the hearing on this matter. The Court will enter an order approving the stipulation. Accordingly, this matter is CONTINUED to March 5, 2018 at 2:00
p.m. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
West Edge Halo, Inc. and Brentwood Financial, LLC
Docket 291
On January 31, 2018, the parties filed a stipulation to continue the hearing on this matter. The Court will enter an order approving the stipulation. Accordingly, this matter is CONTINUED to March 5, 2018 at 2:00
p.m. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
FR 12-14-17; 2-1-18
Docket 210
On January 31, 2018, the parties filed a stipulation to continue the hearing on this matter. The Court will enter an order approving the stipulation. Accordingly, this matter is CONTINUED to March 5, 2018 at 2:00
p.m. Appearances waived.
Tentative Ruling of 2/1/18:
This matter is continued to February 15, 2018 at 10:00 a.m. to be heard concurrently with the the Disclosure Statement Hearing. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
Movant(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
Telephonic Hearing
fr 6-8-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17
Docket 101
On January 31, 2018, the parties filed a stipulation to continue the hearing on this matter. The Court will enter an order approving the stipulation. Accordingly, this matter is CONTINUED to March 5, 2018 at 2:00
p.m. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
2:00 PM
Docket 305
No opposition having been filed, and good cause presented, the motion is GRANTED. Pursuant to Federal Rule of Bankruptcy Procedure 9019, the Court hereby approves the settlement agreement between the Chapter 7 trustee and Barbara Russo. The trustee shall lodge an appropriate order. Appearances waived.
Debtor(s):
Ambra Bisconti Represented By Daren M Schlecter Michael Jay Berger
Trustee(s):
Peter J Mastan (TR) Represented By Sharon Z. Weiss
2:00 PM
fr. 1-11-18; 2-7-18
Docket 79
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR fr. 1-16-18
Mark D. Estle to appear by telephone
Docket 46
None.
Debtor(s):
Socorro Alberto Represented By
Raj T Wadhwani
Movant(s):
TOYOTA MOTOR CREDIT Represented By Mark D Estle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Austin P. Nagel to appear by telephone
Docket 28
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of the debtors' 2014 Toyota Scion XD. According to the evidence presented, the lease matured on January 5, 2018, and the debtors failed to exercise their option to purchase to purchase the vehicle. The debtors appear to have already surrendered the vehicle to Movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Richard Sloane Represented By Keith F Rouse
Joint Debtor(s):
Anne Sloane Represented By
Keith F Rouse
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CAB WEST, LLC VS
DEBTOR
Randall Mroczynski to appear by telephone
Docket 39
On February 14, 2018, the parties filed a stipulation to resolve this matter. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Micah Elsom Represented By
Andrew Moher
Movant(s):
Cab West, LLC Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FINANCIAL SERVICES VEHICLE TRUST VS
DEBTOR
Docket 35
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of the debtors' 2015 BMW 7 Series Sedan. The debtors have failed to pay 4 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Pablo Ruiz Jr. Represented By Sam Benevento
10:00 AM
Joint Debtor(s):
Idalia I. Ruiz Represented By
Sam Benevento
Movant(s):
Financial Services Vehicle Trust Represented By
Bret D. Allen
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
PENTAGON FEDERAL CREDIT UNION VS
DEBTOR
John Mendonza to appear by telephone
Docket 31
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2013 Mercedes Benz C250 Coupe. The debtor has failed to pay 7 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C.
§ 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Noel Valmores Represented By Marjan Alitalaei
Movant(s):
Pentagon Federal Credit Union Represented By John Mendonza
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
VW CREDIT, INC.
VS
DEBTOR
Austin P Nagel to appear by telephone
Docket 20
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured the lessor of the debtor's 2012 Audi A5. According to the evidence presented, Debtor has not exercised her option to purchase the vehicle and has not returned the vehicle to Movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Mirtha Viviana Tabares Represented By Steven A Alpert
Movant(s):
VW Credit, Inc., servicing agent for Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK, N.A. VS
DEBTOR
Docket 20
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2016 Chevrolet Impala. The debtor has failed to pay 4 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Kathy D Finnie Represented By Stephen S Smyth William J Smyth
10:00 AM
Movant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Jamie D Hanawalt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr. 11-7-17; 12-12-17, 1-16-18
Alan S Wolf to appear by telephone
Docket 88
None.
Tentative Ruling of 11/7/17:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtors have failed to pay 6 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Richard Pacheco Represented By Vernon R Yancy
Joint Debtor(s):
Elva Bernice Pachero Represented By Vernon R Yancy
Movant(s):
U.S. Bank National Association, as Represented By
Joely Khanh Linh Bui Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
fr 10-3-17; 10-31-17; fr 12-5-17; 12-13-17; 1-30-18
Case dismissed 11/9/17
Dane Exnowski to appear by telephone
Docket 33
None.
Tentative Ruling of 12/5/17:
Debtor's case was dismissed at a hearing on November 1, 2017. On November 6, 2017, Debtor filed a motion to vacate the dismissal and self- calendared her motion for December 13, 2017 at 1:30 p.m. Accordingly, the hearing on Movant's stay relief motion is CONTINUED to December 13, 2017 at 1:30 p.m. to be heard concurrently with Debtor's motion. Appearances waived.
Debtor(s):
Michelle L Eshaghpour Represented By David S Hagen
10:00 AM
Movant(s):
WELLS FARGO BANK, N. A. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, NATIONAL ASSOCIATION
VS DEBTOR
fr. 12-12-17, 1-16-18
Sean Ferry to appear by telephone
Docket 48
None.
Debtor(s):
Renee Antoinette Gunter Represented By Arsen Pogosov
Movant(s):
Wells Fargo Bank, National Represented By Leslie M Klott Nirvani Singh April Harriott Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR fr. 1-30-18
Docket 78
None.
Debtor(s):
Billy A. Garcia Jr. Represented By
Anthony Obehi Egbase Crystle J Lindsey Edith Walters
W. Sloan Youkstetter
Joint Debtor(s):
Katheryn Garcia Represented By
Anthony Obehi Egbase Crystle J Lindsey Edith Walters
W. Sloan Youkstetter
Movant(s):
Nationstar Mortgage LLC as Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr. 10-31-17; 11-28-17, 1-9-18
Dane Exnowski to appear by telephone
Docket 21
None.
Tentative Ruling of 10/31/17:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ouida Michiko Woods Represented By Philomena N Nzegge
Movant(s):
U.S. Bank National Association, as Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST
VS DEBTOR
fr. 1-30-18
Docket 22
None.
Debtor(s):
Genetta Sandra Ligon James Represented By Kevin T Simon
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Gilbert R Yabes
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE, LLC VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 53
None.
Debtor(s):
Albino Evangelista Guimapang Represented By
Michelle A Marchisotto
Joint Debtor(s):
Mari-Len Callera Guimapang Represented By
Michelle A Marchisotto
Movant(s):
Nationstar Mortgage LLC Represented By Andrew Kussmaul Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR
Docket 69
None.
Debtor(s):
Kimberly Fern Coffee Represented By Thomas B Ure
Movant(s):
HSBC Bank USA, National Represented By Tyneia Merritt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 18
None.
Debtor(s):
Edna L. Plesa Represented By
Lissette C Blandino
Movant(s):
U.S. Bank National Association, as Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 37
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtors' residence. The debtors have failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
William Ronald Lively Represented By Louis J Esbin
10:00 AM
Joint Debtor(s):
Kathleen Ann Lively Represented By Louis J Esbin
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
John D Schlotter
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR
Docket 28
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 8 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Alicia Olimberio Nguyen Represented By Arasto Farsad
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
10:00 AM
Trustee(s):
Edward G Schloss
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 27
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Diethra Kimberly Clare Represented By Kevin T Simon
10:00 AM
Movant(s):
Wells Fargo Bank, N.A. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Stipulation for adequate protection filed 2/26/18
Docket 43
None.
Debtor(s):
Asfren Ibanez Bautista Represented By Gregory M Shanfeld
Joint Debtor(s):
Tricia Louise Bautista Represented By Gregory M Shanfeld
Movant(s):
Deutsche Bank National Trust Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
SETERUS, INC.
VS
DEBTOR
Stipulation for adequate protection filed 2/23/18 Renee Parker to appear by telephone
Docket 31
On February 23, 2018, the parties filed a stipulation to resolve this matter. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Gloria L Leonard Represented By Leon D Bayer
Movant(s):
SETERUS, INC. as the authorized Represented By
James F Lewin Renee M Parker
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Docket 27
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Maria Dolores Silva Represented By Daniel King
10:00 AM
Movant(s):
Nationstar Mortgage LLC, its Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 54
On February 15, 2018, the parties filed a stipulation to resolve the matter. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Imelda Sabillo Garcia-Fernandez Represented By
Emilia N McAfee
Movant(s):
Wells Fargo Bank, N.A. Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Represented By Emilia N McAfee
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR
Docket 27
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Rosa V. Jara-Cuellar Represented By Keith F Rouse
Movant(s):
The Bank of New York Mellon FKA Represented By
10:00 AM
Trustee(s):
Mark S Krause
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 34
- NONE LISTED -
Debtor(s):
Donald Fogel Represented By Nathan Fransen
Joint Debtor(s):
Sandra Lea Fogel Represented By Nathan Fransen
Movant(s):
Nationstar Mortgage LLC d/b/a Represented By John D Schlotter
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 9
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on February 2, 2018. This motion was filed on February 6, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jesus Muniz Represented By
Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BMW BANK OF NORTH AMERICA VS
DEBTOR
Docket 30
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $39,125.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $44,711.74. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
The movant shall submit an appropriate order.
10:00 AM
Debtor(s):
Brandon Michael Slavik Represented By
Glenn Ward Calsada
Movant(s):
BMW Bank of North America Represented By Bret D. Allen
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
EILEEN BONILLAS VS
DEBTOR
Superior Court Eileen Bonillas v Alfred Palafox Romo BC636675
Docket 10
The Court has reviewed the declaration of Movant's counsel requesting a continuance of this matter. Based on the representations made therein, the Court finds that a continuance is appropriate. Accordingly, this matter is CONTINUED to March 20, 2018 at 10:00 a.m. Movant's counsel shall give notice of the continued hearing date to the Chapter 7 trustee and all other interested parties. Appearances waived.
Debtor(s):
Alfred P Romo Represented By Neil R Hedtke
Movant(s):
Eileen Bonillas Represented By Robert G Uriarte
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
EILEEN BONILLAS, ADMINISTRATOR OF THE ESTATE OF CELIA ROMO
VS DEBTOR
In Re Estate of Celia P. Romo Docket # 16STPB05138
Docket 11
The Court has reviewed the declaration of Movant's counsel requesting a continuance of this matter. Based on the representations made therein, the Court finds that a continuance is appropriate. Accordingly, this matter is CONTINUED to March 20, 2018 at 10:00 a.m. Movant's counsel shall give notice of the continued hearing date to the Chapter 7 trustee and all other interested parties. Appearances waived.
Debtor(s):
Alfred P Romo Represented By Neil R Hedtke
Movant(s):
Eileen Bonillas, Administrator of Represented By
Robert G Uriarte
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING VS
DEBTOR fr. 12-5-17
Docket 161
Pursuant to the parties' stipulation filed on February 14, 2018 at Docket No. 188, this matter is CONTINUED to May 15, 2018 at 10:00 a.m. Appearances waived.
Tentative Ruling of 12/5/17:
On November 20, 2017, Movant and the Chapter 7 trustee stipulated to continue the hearing on this motion as to the bankruptcy estate only to February 27, 2018 at 10:00 a.m. Because the stipulation is as to the bankruptcy estate only, Movant is to advise the court if there is any other relief requested that is not addressed in the stipulation and that would require a hearing.
Debtor(s):
George G Washington Represented By Julie J Villalobos Alan W Forsley
10:00 AM
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Sam S Leslie (TR) Represented By Leonard M Shulman Rika Kido
10:00 AM
Telephonic Hearing
WILSHIRE ELBY TOWERS WEST CONDOMINIUM ASSOCIATION VS
DEBTOR
Mark D. Estle to appear by telephone
Docket 14
On February 12, 2018, Debtor received a discharge in this case.
Therefore, the automatic stay is no longer in effect, and Movant may enforce its non-bankruptcy remedies against the subject real property. See 11 U.S.C.
§§ 362(c)(2)(C), 524(a)(3). Accordingly, the motion is DENIED as moot.
Appearances waived.
Debtor(s):
Richard L Johnson Pro Se
Movant(s):
WILSHIRE SELBY TOWERS Represented By Mark D Estle
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Telephonic Hearing
MOISES GARCIA VS
DEBTOR
fr. 1-9-18; 1-30-18
Vanessa Haberbush to appear by telephone
Docket 129
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
Movant(s):
Moises Garcia Represented By Gregory M Salvato
10:00 AM
MORGAN PICKS TWO, LLC VS
DEBTOR
Docket 6
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. Appearances waived.
Movant completed a nonjudicial foreclosure sale on the real property formerly owned by, and still occupied by, the debtor. Under California law, once a nonjudicial foreclosure sale has occurred, the trustor has no right of redemption. Moeller v. Lien, 25 Cal. App. 4th 822, 831 (1994). In this case, the debtor has no right to ignore the foreclosure and attempt to reorganize the debt.
Movant served the debtor with a three-day notice to quit the premises on October 5, 2017. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on November 3, 2017. A judgment was entered on January 3, 2018, and a writ of possession was issued on January 29, 2018. Debtor filed the bankruptcy petition on February 6, 2018 in an apparent effort to stay enforcement of the unlawful detainer judgment and writ of possession. This motion has been filed to proceed with such enforcement. Pursuant to In re Perl, 811 F.3d 1120 (9th Cir. 2016), Debtor no longer has any legal or equitable interest in the subject property,
10:00 AM
and Movant is entitled to its requested relief.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Olimpia Reyes Pro Se
Movant(s):
Morgan Picks Two, LLC Represented By Barry L O'Connor
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CROSBY CAPITAL USA, LLC VS
DEBTOR
Docket 8
No opposition was filed.
Judge Brand's Self-Calendaring Instructions allow the moving party on a motion for relief from stay involving a pre-petition transfer of real property to the debtor to self-calendar the motion on shortened notice. However, these Instructions require the movant to file and serve all moving papers on the debtor, the trustee, and any creditor affected by overnight mail, facsimile, or personal service at least 14 days before the date scheduled for hearing. Movant is also required to file a declaration regarding service at least 7 days prior to the scheduled hearing.
Here, Movant failed to serve the debtor and other interested parties via overnight mail, facsimile, or personal service at least 14 days before the hearing. Additionally, Movant has failed to present sufficient evidence to show that it has standing to enforce the note: the chain of title appears to be incomplete, and the promissory note was last endorsed to CitiMortgage, Inc.
Due to improper service, Movant's failure to comply with Judge Brand’s Self-Calendaring Instructions, and insufficient evidence in support of the motion, the motion is DENIED.
Movant shall lodge an appropriate order via the Court’s LOU system.
Debtor(s):
Willie Anderson Pro Se
10:00 AM
Movant(s):
Crosby Capital USA, LLC Represented By Daniel I Singer
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01498 Faillace et al v. Torres et al
FR. 1-9-18
Docket 1
Plaintiff filed a unilateral status report but failed to explain in the report the efforts made by plaintiff to obtain the cooperation of defendants in filing a joint status report as required by LBR 7016-1(a)(3).
Debtor(s):
Michael Torres Represented By Charles J Brash
Defendant(s):
Michael P Torres Pro Se
Carla Torres Pro Se
Joint Debtor(s):
Carla Torres Represented By
Charles J Brash
Plaintiff(s):
Ondrea Faillace Represented By Bennett Murphy
Black Rose Tavern, Inc Represented By Bennett Murphy
2:00 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01563
Gill v. Chaudhry et al
Telephonic Hearing
John Telford to appear by telephone
Docket 8
Having considered the motion for default judgment and finding that the Trustee ("Plaintiff") has established all elements justifying relief, the Court grants the motion and will enter judgment in favor of the trustee.
Defendants are non-debtors Maqbool and Nasreen Chaudhry (the "Chaudhrys" or "Defendants"). In 1994, the state court entered a judgment setting aside and rendering null and void the debtor and her spouse (the "Mahmoods") and the Chaudhrys’ transfers of interest in certain real property including some undeveloped land in Butte County, California (the "Property"). Pursuant to the judgment, an undivided 1/2 interest was deemed held by the Mahmoods as community property, and an undivided 1/2 interest was deemed held by the Chaudhrys as community property. The Chapter 7 trustee filed an adversary complaint under § 363(h) for authority to sell the whole of the Property, including the co-owners’ (Chaudrys’) interest in the Property.
Factors which may be considered by courts in exercising discretion as to the entry of a default judgment include: (1) the possibility of prejudice to the plaintiff; (2) the merits of plaintiff’s substantive claim; (3) the sufficiency of the complaint; (4) the sum of money at stake in the action; (5) the possibility of a dispute considering material facts; (6) whether the default was due to excusable neglect; and (7) the strong policy underlying the FRCP favoring decision on the merits. See Eitel v. McCool, 782 F.2d 1470, 1471-72.
Proper Service of Summons and Complaint
2:00 PM
Plaintiff properly served defendants.
Merits of Plaintiff’s claim
Upon default, the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true. TeleVideo Systems, Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987); "The defendant, by his default, admits the plaintiff's well-pleaded allegations of facts, is concluded on those facts by the judgment, and is barred from contesting on appeal the facts thus established." Nishimatsu Construction Co., Ltd. v. Houston Nat'l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975) (emphasis added); Danning v.
Lavine, 572 F.2d 1386, 1388 (9th Cir. 1978); Cotton v. Massachusetts Mut. Life Ins. Co., 402 F.3d 1267, 1278(11th Cir. 2005) (do not have to take as true facts that are not well-pleaded or conclusions of law).
The Ninth Circuit in Marino v. Xuereb (In re Marino), 794 F.2d 1367 (9th Cir.1986), summarized section 363(h):
Section 363 governs the rights of parties in liquidating the bankruptcy estate's fractional interest in property owned jointly by the bankruptcy estate and the nonbankrupt co-owners. Subsection (h) permits the trustee, subject to limitations not relevant to the case at bar, to effect a forced sale of property in which the debtor and the other co-owners have an undivided interest. Subsection (I) permits a co-owner of the property to purchase it from the trustee at the same price as the trustee otherwise intended to sell it to the third party. Subsection (j) directs the trustee to distribute the net proceeds of a sale made pursuant to subsections (g) and (h) to the property's co-owners, after the payment of costs and expenses, according to the interests of all the co-owners. We interpret this subsection to provide that, at least absent exceptional circumstances, the costs of sales transacted pursuant to subsections (g) or (h) are to be allocated pro rata among the co-owners of the property sold.
Id. at 1369 (citation omitted).
2:00 PM
A plaintiff trustee carries the burden of showing that a sale under § 363
(h) is proper. A sale pursuant to § 363(h) is permissible only if the four conditions set forth in § 363(h)(1) through (4) are met. Yoppolo v. Schwenker (In re Ziegler), 396 B.R. 1, 3 (Bankr. N.D. Ohio 2008). Accord Schwaber v. Reed (In re Reed), 940 F.2d 1317, 1323 n. 8 (9th Cir.1991) (recognizing that these four conditions would need to be established in order for trustee to sell the entire property rather than just the estate's joint tenant interest).
Section 363(h) states, in pertinent part:
h) Notwithstanding subsection (f) of this section, the trustee may sell both the estate's interest, under subsection (b) or (c) of this section, and the interest of any co-owner in property in which the debtor had, at the time of the commencement of the case, an undivided interest as a tenant in common, joint tenant, or tenant by the entirety, only if--
partition in kind of such property among the estate and such co-owners is impracticable;
sale of the estate's undivided interest in such property would realize significantly less for the estate than sale of such property free of the interests of such co-owners;
the benefit to the estate of a sale of such property free of the interests of co-owners outweighs the detriment, if any, to such co-owners; and
such property is not used in the production, transmission, or distribution, for sale, of electric energy or of natural or synthetic gas for heat, light, or power.
11 USC § 363(h).
363(h)(1): According to the complaint, partition of the property would be impracticable. Common sense supports this finding. Thus, this element is satisfied.
363(h)(2): Here, where the property is a dwelling, a sale of only the estate’s interest would realize virtually nothing for the estate because potential purchasers would not be inclined to bid with the co-owner’s
2:00 PM
continued presence. See In re Addario, 53 B.R. 335 (Bankr. D. Mass. 1985). Thus, this element is satisfied.
363(h)(3): The benefit to the estate outweighs the detriment to the Chaudrys. Liquidation of the asset would provide funds to become available for distribution to creditors. Further, the Chaudrys have not answered the complaint. Thus, this element is satisfied.
363(h)(4): It is undisputed that the property is not used in the production, transmission or sale of electricity, gas for heat, light or power. Thus, this element is satisfied.
The possibility of a dispute considering material facts
Defendants were properly served with the summons and complaint.
Whether the default was due to excusable neglect
Defendants were properly served with the summons and complaint.
Defendants have failed to obey a court order and excusable neglect does not exist in this case.
The strong policy underlying the FRCP favoring decision on the merits
Although default judgments are ordinarily disfavored, termination of a case before hearing the merits is allowed when a defendant fails to defend an action under FRCP 55.
Based on the foregoing, the court grants the motion and authorizes the Trustee to sell the Property. The Trustee is further ordered to distribute the proceeds (the net equity) as follows: one-half to the Chaudrys and one-half to the estate.
The Trustee shall upload an order and judgment. Appearances waived.
2:00 PM
Debtor(s):
Fehmida Mahmood Represented By Michael R Totaro
Defendant(s):
Maqbool M. Chaudhry Pro Se
Nasreen K. Chaudhry Pro Se
Plaintiff(s):
David A. Gill Represented By
John N Tedford
2:00 PM
Adv#: 2:17-01563
Weil (TR) v. Chaudhry et al
Telephonic Hearing
fr. 2-13-18
John Telford to appear by telephone
Docket 1
The court has granted the Motion for Default Judgment. This status conference is OFF CALENDAR. Appearances waived.
Debtor(s):
Fehmida Mahmood Represented By Michael R Totaro
Defendant(s):
Maqbool M. Chaudhry Pro Se
Nasreen K. Chaudhry Pro Se
Plaintiff(s):
Diane C Weil (TR) Represented By John N Tedford
Trustee(s):
Diane C Weil (TR) Represented By John N Tedford
2:00 PM
Adv#: 2:17-01255 Trickel et al v. Dayer et al
fr. 6-27-17, 8-1-17; 11-7-17
fr. 1-30-18
Docket 1
At a hearing on February 15, 2018, the Court dismissed the debtors' Chapter 11 bankruptcy case. Accordingly, this adversary proceeding is also dismissed, and this status conference is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Donald Lee Dayer Represented By Mark T Young
Defendant(s):
Donald Lee Dayer Represented By Mark T Young
Katherina Dayer Represented By Mark T Young
Joint Debtor(s):
Katherina Dayer Represented By Mark T Young
2:00 PM
Plaintiff(s):
Francis W. Trickel Represented By
Michael D Sobkowiak
Mary E. Trickel Represented By
Michael D Sobkowiak
2:00 PM
Adv#: 2:17-01323
Roberts v. Dayer et al
Telephonic Hearing
Michael H Raicheleson to appear by telephone
Docket 1
At a hearing on February 15, 2018, the Court dismissed the debtors' Chapter 11 bankruptcy case. Accordingly, this adversary proceeding is also dismissed, and this status conference is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Donald Lee Dayer Represented By Mark T Young
Defendant(s):
Donald Lee Dayer Represented By Mark T Young
Katherina Dayer Represented By Mark T Young
Joint Debtor(s):
Katherina Dayer Represented By Mark T Young
Plaintiff(s):
Dale A. Roberts Represented By
2:00 PM
Michael H Raichelson
2:00 PM
Adv#: 2:17-01539
Federal Trade Commission v. Dayer et al
Telephonic Hearing
fr. 1-9-17
Kimberly L Nelson to appear by telephone
Docket 1
At a hearing on February 15, 2018, the Court dismissed the debtors' Chapter 11 bankruptcy case. Accordingly, this adversary proceeding is also dismissed, and this status conference is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Donald Lee Dayer Represented By Mark T Young
Defendant(s):
Donald Lee Dayer Pro Se
Katherina Dayer Pro Se
Joint Debtor(s):
Katherina Dayer Represented By Mark T Young
Plaintiff(s):
Federal Trade Commission Represented By Kimberly L Nelson
2:00 PM
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr. 9-20-17; 11-15-17; 12-13-17
Docket 84
- NONE LISTED -
Debtor(s):
Jesus Balbido Maquindang Represented By Maria C Hehr
Joint Debtor(s):
Porferia Bacat Maquindang Represented By Maria C Hehr
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-18-17; 12-13-17
Docket 70
- NONE LISTED -
Debtor(s):
Marietta Soltis Asumbrado Represented By Mariano A Alvarez
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
fr. 4-26-17, 6-28-17, 8-2-17; 9-6-17; 12-13-17
Docket 47
- NONE LISTED -
Debtor(s):
Oscar Franco Represented By
Thomas B Ure
Joint Debtor(s):
Sarah Franco Represented By
Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 1-10-18
Docket 31
- NONE LISTED -
Debtor(s):
Mark Logan Represented By
Melissa A Clark Katherine Sandoval
Joint Debtor(s):
Patricia Logan Represented By Melissa A Clark Katherine Sandoval
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 10-18-17; 12-13-17
Docket 112
- NONE LISTED -
Debtor(s):
Lloyd Lawyer Walker Represented By
Michelle A Marchisotto
Joint Debtor(s):
Clarisa Gutierrez Jaime Represented By
Michelle A Marchisotto
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-18-17; 12-13-17
Docket 54
- NONE LISTED -
Debtor(s):
Nicole Elizabeth Small Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-26-17; 6-7-17, 8-2-17; 9-20-17; 10-18-17
12-13-17
Docket 42
- NONE LISTED -
Debtor(s):
Ellen Rochelle Martin Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 10-11-17; 12-13-17
Docket 35
- NONE LISTED -
Debtor(s):
Rudy Lopez Sr. Represented By Erika Luna
Joint Debtor(s):
Andrea Lopez Represented By Erika Luna
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 12-13-17
Docket 46
- NONE LISTED -
Debtor(s):
Mandella Wallace Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-13-17
Docket 30
- NONE LISTED -
Debtor(s):
Martha Norman Morrison Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 12-13-17
Docket 43
- NONE LISTED -
Debtor(s):
Ignacio Calderon Represented By Luis G Torres
Joint Debtor(s):
Guadalupe Calderon Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-13-17
Docket 41
- NONE LISTED -
Debtor(s):
Erik Flores Represented By
Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 10-18-17; 12-13-17; 2-14-18
Docket 31
- NONE LISTED -
Debtor(s):
Logan William Ruru Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 230
- NONE LISTED -
Debtor(s):
Jorge Oswaldo Obregon Represented By Claudia L Phillips Susan Salehi
S Renee Sawyer Blume Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr. 11-1-17; 12-13-17
Stipulation to continue hearing filed 2/26/18 Christina J. O. to appear by telephone
Docket 165
None.
Debtor(s):
Ca-Trece Roxanne Mas'sey Represented By Steven L Bryson
Movant(s):
Steven L. Bryson Represented By Steven L Bryson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
to Waive Requirement to Complete Instructional Course on Personal Financial Management to File Debtor's Certificate of Compliance under
11 U.S.C. Sec. Code 1328(a) and Application for Entry of Discharge
Docket 78
No opposition having been filed, and good cause presented, the motion is GRANTED. Debtors are hereby granted a hardship discharge under 11 U.S.C. § 1328(b). Further, in light of the circumstances, the Court waives the requirement that Debtors complete (1) an instructional course on personal financial management and (2) the Debtor's Certificate of Compliance Under 11 U.S.C. § 1328(a) and Application for Entry of Discharge.
Debtors' counsel shall lodge an appropriate order. Appearances waived.
Debtor(s):
Michael Joseph Birnkrant Represented By Kevin T Simon
Joint Debtor(s):
Amy Suzanne Birnkrant Represented By Kevin T Simon
Movant(s):
Michael Joseph Birnkrant Represented By Kevin T Simon
Amy Suzanne Birnkrant Represented By Kevin T Simon
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 65
No opposition having been filed, and good cause presented, the motion is GRANTED. Debtors' counsel is hereby authorized to withdraw from representing Debtors in this case. Counsel shall lodge an appropriate order. Appearances waived.
Debtor(s):
Michael Torres Represented By Charles J Brash
Joint Debtor(s):
Carla Torres Represented By
Charles J Brash
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Kristin A Zilberstein to appear by telephone
Docket 48
A response was filed by U.S. Bank Trust, N.A. on February 14, 2018.
Also on February 14, 2018, U.S. Bank filed an amended proof of claim ("Claim No. 2-2") to resolve Debtor’s objections. With the filing of the amended claim, Debtor’s objection to proof of claim ("Claim No. 2-1") is now moot. Accordingly, Debtor's objection is OVERRULED.
Further, Debtor's request for attorneys' fees is DENIED, as Debtor has failed to present any evidence or legal authority in support of such request.
Debtor shall serve and lodge an appropriate order via the Court’s LOU system. Appearances waived.
Debtor(s):
Monica Wolfe Represented By David Lozano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-15-17; 1-31-18
Docket 41
- NONE LISTED -
Debtor(s):
Monica Wolfe Represented By David Lozano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Joshua R. Driskell to appear by telephone
Docket 33
No opposition was filed.
The debtor's objection to proof of claim ("Claim No. 4") filed with the court’s Claims Register by Bridges Academy is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 4, as the debtor does not owe the debt. Based on the evidence presented, the debt appears to have been incurred solely by the debtor's former spouse after the parties legally separated on January 13, 2013. Pursuant to the state court's divorce decree, the debtor is not liable for such debt.
The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Christopher Thomas Lindell Represented By Joshua R Driskell
Movant(s):
Christopher Thomas Lindell Represented By
1:30 PM
Trustee(s):
Joshua R Driskell
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
Debtor's objection to the proof of claim filed with the Court’s Claims Register by Daniel Garza (Claim No. 5) is OVERRULED without prejudice. Debtor failed to serve the claimant at the address for notices listed on the proof of claim. C.D. Cal. Local Bankr. R. 3007-1(b)(2). Accordingly, service of the claim objection is improper.
Debtor shall lodge an appropriate order. Appearances waived.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-11-17; 11-15-17, 1-10-18
Docket 31
None.
Debtor(s):
Arturo Torres Magallon Represented By Louis J Esbin
Joint Debtor(s):
Jaclyn J Torres Represented By Louis J Esbin
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 137
None.
Final Ruling:
This motion has been set for hearing on the notice required by LBR 4001(c)(1) and LBR 9013-1(d)(2). The failure of any party in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 90913- 1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary.
See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Debtor seeks to value debtor’s residence at a fair market value of
$330,000.00 as of August 4, 2011. The subject property is encumbered by a first deed of trust lien held by HSBC Bank USA, N.A., securing a loan with a balance as of the petition date of approximately $426,389.64 and a second deed of trust held by Bank of America, N.A., securing a loan with a balance as of the petition date of approximately $81,004.15. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their
1:30 PM
objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, Bank of America’s claim secured by a junior deed of trust lien is completely under-collateralized.
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan and the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan and upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
Pursuant to LBR 9021-1(b)(1)(B), the debtor must serve and lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Alejandro Ponce Represented By Peter L Lago
Movant(s):
Alejandro Ponce Represented By Peter L Lago Peter L Lago
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-11-17; 11-15-17; 1-31-18
Docket 124
- NONE LISTED -
Debtor(s):
Alejandro Ponce Represented By Peter L Lago
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr. 1-11-18; 2-1-18
Docket 915
None.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
fr. 1-11-18; 2-1-18
Docket 916
None.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Docket 596
No opposition was filed.
The court has reviewed the Final Fee Application of Haberbush & Associates, LLP. The court GRANTS the Application and awards
$267,242.50 in fees and $19,830.09 in costs for the period of April 26, 2016 through January 31, 2018. The court approves on a final basis the total amount of $287,072.59 in fees and costs. Any unpaid balance is to be paid by the debtor. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Pacific 9 Transportation, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 592
No opposition was filed.
The court has reviewed the Final Fee Application of the Law Firm of Atkinson, Andelson, Loya, Ruud & Romo. The court GRANTS the Application and awards $144,494.06 in fees and $3,968.24 in costs for the period of April 26, 2016 through January 31, 2018. The court approves on a final basis the total amount of $148,462.30 in fees and costs. Any unpaid balance is to be paid by the debtor. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Applicant is to lodge an appropriate order.
Debtor(s):
Pacific 9 Transportation, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 590
No opposition was filed.
The court has reviewed the Final Fee Application of Armory Consulting Company. The court GRANTS the Application and awards $18,004.50 in fees and $0.00 in costs for the period of October 1, 2017 through January 18, 2018. The court approves on a final basis the total amount of $173,700.96 in fees and costs. Any unpaid balance is to be paid by the debtor's estate. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Applicant is to lodge an appropriate order.
Debtor(s):
Pacific 9 Transportation, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 588
None.
Debtor(s):
Pacific 9 Transportation, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 594
None.
Debtor(s):
Pacific 9 Transportation, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
fr. 1-18-18; 1-30-18, 2-15-18
Docket 72
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
Movant(s):
R & S Antiques, Inc. Represented By Victor A Sahn Victor A Sahn
10:00 AM
fr. 2-15-18
Docket 101
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
10:00 AM
fr. 11-09-17, 12-14-17, 1-18-18, 2-15-18
Docket 59
None.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
fr. 9-7-17; 1-9-18, 1-18-18. 2-15-18
Docket 22
None.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
Docket 0
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen
10:00 AM
Docket 114
- NONE LISTED -
Debtor(s):
Mark Allen Harris Represented By Peter M Lively
2:00 PM
Avoiding Tax Penalties Under 11 U.S.C. § 724(a);
Approving Payment Of Real Estate Commission; and (4) Granting Related Relief
Docket 184
None.
Debtor(s):
George G Washington Represented By Julie J Villalobos Alan W Forsley
Trustee(s):
Sam S Leslie (TR) Represented By Leonard M Shulman Rika Kido
2:00 PM
Adv#: 2:15-01560 Windom et al v. Gonzalez
[RULING]
fr. 8-7-17, 8-10-17; 10-16-17, 11-13-17; 2-12-18; 2-12-18
Docket 1
Pursuant to the Court's order of February 28, 2018 (Docket No. 66), this matter is CONTINUED to March 29, 2018 at 2:00 p.m. Appearances waived.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes
Defendant(s):
Maria C Gonzalez Represented By Giovanni Orantes John Davis
Plaintiff(s):
Robin Windom Represented By John Davies John Davis
Giovanni Orantes
Chima Anyanwu Represented By
2:00 PM
Trustee(s):
John Davies John Davis
Giovanni Orantes
Nancy K Curry (TR) Pro Se
2:00 PM
Docket 17
None.
Debtor(s):
Jose Blanco Represented By
Omatshola E Dafeta
Movant(s):
Jose Blanco Represented By
Omatshola E Dafeta
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Telephonic Hearing
fr. 5-4-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17
fr 2-15-18
Docket 54
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
2:00 PM
fr. 10/5/17, 11-16-17; 12-7-17; 2-15-18
Docket 148
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
Movant(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
2:00 PM
fr. 11-16-17,12-7-17; 2-15-18
Docket 211
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
2:00 PM
Docket 289
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
2:00 PM
Docket 321
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
2:00 PM
Docket 290
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
2:00 PM
Docket 320
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
2:00 PM
FR 12-14-17; 2-1-18; 2-15-18
Docket 210
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
Movant(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
2:00 PM
West Edge Halo, Inc. and Brentwood Financial, LLC fr 2-15-18
Docket 291
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
2:00 PM
fr 6-8-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17; 2-15-18
Docket 101
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
REGIONAL ACCEPTANCE CORPORATION VS
DEBTOR
Docket 39
None.
Debtor(s):
Juan Jose Soria Jimenez Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Maria Del Carmen Duran Jimenez Represented By
Michael E Clark Barry E Borowitz
Movant(s):
REGIONAL ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WHEELS FINANCIAL GROUP, LLC VS
DEBTOR
Sheryl D Noel to appear by telephone
Docket 21
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2006 Nissan Murano. The debtor has failed to provide movant with proof of insurance on the vehicle. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Terence Lamont Sullivan Represented By Joshua L Sternberg
Movant(s):
Wheels Financial Group, LLC dba Represented By
Sheryl D Noel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr. 6-6-17; 8-29-17; 10-31-17; 12-12-17, 1-16-18
Docket 91
None.
Debtor(s):
J. Craig Fostrey Represented By Tamar Terzian
Movant(s):
U.S. Bank National Association, as Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr 12-5-17, 1-9-18
Erin M McCartney to appear by telephone Brad F Weil to appear by telephone
Docket 62
None.
Debtor(s):
Vilma Reginaldo Sakha Represented By Brad Weil Arlene M Tokarz
Joint Debtor(s):
Sahat Manafpour Sakha Represented By Brad Weil Arlene M Tokarz
Movant(s):
U.S. Bank National Association, as Represented By
Erin M McCartney
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR Fr 2-6-18
Robert S Altagen to appear by telephone
Docket 28
None.
Tentative Ruling of 2/6/18:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed
10:00 AM
by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Oscar Ayala Represented By
Robert S Altagen
Movant(s):
Wells Fargo Bank, N.A., its Represented By Merdaud Jafarnia Bruce E Brown Erin Holliday Milton Williams Corey Phuse
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FEDERAL NATIONAL MORTGAGE ASSOCIATION
VS DEBTOR
fr. 6-6-17; 8-29-17; 10-3-17; 11-14-17, 1-9-18; 2-13-18
Docket 42
The Court continued the hearing on this matter so that the Court could enter an order granting Debtors' motion to authorize their loan modification with Seterus, Inc., the party that services the subject loan on behalf of Movant. The Court reviewed Debtors' proposed order and sent Debtors' counsel a rejection notice on February 16, 2018, as the loan modification agreement attached to Debtors' motion was not signed by Seterus. To date, Debtors have failed to file a properly executed copy of the loan modification agreement. Accordingly, no order on Debtors' motion has been entered.
Debtor(s):
The parties are to advise the Court about the status of this matter.
Elliott Van Buren Thomas Represented By Vernon R Yancy
Joint Debtor(s):
Barbara Jo Thomas Represented By Vernon R Yancy
Movant(s):
Federal National Mortgage Represented By
10:00 AM
Trustee(s):
Joseph C Delmotte
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR Fr 2-6-18
Case Dismissed on 1-3-18
Docket 11
The Court continued the hearing on this matter to allow Movant to properly serve Debtor at Debtor's correct address of record. Movant timely served the motion and notice of the continued hearing on Debtor at the correct address. To date, no opposition has been filed. Accordingly, the Court grants Movant's requested relief as provided below.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
10:00 AM
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Movant shall upload an appropriate order via the Court’s LOU system.
Tentative Ruling of 2/6/18:
Debtor's case was dismissed on January 3, 2018; however, because movant has requested in rem relief, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
The motion is DENIED without prejudice for improper service.
According to the proof of service attached to the motion, Movant failed to serve the motion and notice of the hearing on the debtor at the correct address for service listed on the docket in this case.
Debtor(s):
Movant shall lodge an appropriate order. Appearances waived.
Habib Basravi Pro Se
Movant(s):
Wells Fargo Bank, N.A. Represented By Brandye N Foreman Darlene C Vigil
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 99
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 43 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Lilia Velasco Represented By
Barry E Borowitz
Movant(s):
Wells Fargo Bank, N.A. Represented By
10:00 AM
Trustee(s):
Trang Truong William P McCooe Jr Judith Trigg-Hart Joseph C Delmotte
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 57
- NONE LISTED -
Debtor(s):
Donna M. Henson Represented By Peter M Lively
Movant(s):
U.S. Bank National Association, as Represented By
Brandye N Foreman Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 29
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Salvador Montiel Represented By Stephen L Burton
10:00 AM
Movant(s):
U.S. BANK NATIONAL Represented By Joseph C Delmotte John D Schlotter
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 15
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on February 8, 2018. This motion was filed on February 13, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 3 of the motion. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion
10:00 AM
based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Nicole Antoinette Luter Represented By Devin Sawdayi
Movant(s):
Nicole Antoinette Luter Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 6
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on February 9, 2018. This motion was filed on February 13, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Guadalupe Reyes Represented By Luis G Torres
Movant(s):
Guadalupe Reyes Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NISSAN MOTOR ACCEPTANCE CORPORATION VS
DEBTOR
Docket 7
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $17,625.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $29,457.90. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
10:00 AM
Debtor(s):
The movant shall submit an appropriate order.
Rafael Herrera Rivera Represented By Neil R Hedtke
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Richard K Diamond (TR) Pro Se
10:00 AM
KAY KITSUTA VA
DEBTOR
Docket 14
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed with Kitsuta v. Newport Home Care, Inc., which is a lawsuit currently pending against the debtor in a nonbankruptcy forum. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue).
Here, the Court finds cause to permit the pending litigation to be concluded in a non-bankruptcy forum. Movant may proceed in the non- bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or estate property, except for filing of a Proof of Claim and/or timely bringing a non-dischargeability adversary proceeding.
10:00 AM
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
This order shall be binding and effective despite any conversion of the bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Celia Rodriguez Represented By Christopher P Walker
Movant(s):
Kay Kitsuta Represented By
James R Ebert
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR fr. 1-9-18
Docket 32
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
Movant(s):
Wells Fargo Bank, N.A. Represented By Darlene C Vigil Brandye N Foreman
10:00 AM
BRADLEY WEEKS VS
DEBTOR
Docket 12
The motion is DENIED without prejudice for improper service. The notice of motion indicates that Movant intended to set the motion for hearing on regular notice, which requires at least 21 days' notice of the motion hearing. C.D. Cal. Local Bankr. R. 9013-1(d)(2). Movant served its motion on February 14, 2018, which provides less than 21 days' notice; thus, service is improper here.
Movant shall lodge an appropriate order. Appearances waived.
Debtor(s):
Yolanda Haro Pro Se
Movant(s):
Bradley T Weeks Represented By James W Charlton
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 8
No opposition was filed.
Judge Brand's Self-Calendaring Instructions allow the moving party on a motion for order imposing a stay or continuing the stay to self-calendar the motion on shortened notice. However, these Instructions require the debtor to file and serve all moving papers on the trustee and any creditor affected by overnight mail, facsimile or personal service at least 14 days before the date scheduled for hearing.
Here, the debtor failed to serve the motion and notice of the hearing by overnight mail, facsimile, or personal service. Accordingly, the motion is DENIED without prejudice. The debtor is to lodge an appropriate order.
Appearances waived.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle J Lindsey
W. Sloan Youkstetter
Movant(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle J Lindsey
W. Sloan Youkstetter
10:00 AM
Docket 9
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on February 14, 2018. This motion was filed on February 20, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 3 of the motion. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion
10:00 AM
based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Dave Behar Represented By
Matthew D Resnik
Movant(s):
Dave Behar Represented By
Matthew D Resnik Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 8
None.
Debtor(s):
Jose Angel Mata Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01548 Mastan v. Biasiolo et al
fr. 1-30-18
Docket 1
None.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Pierluigi Biasiolo Pro Se
Renergy Alliance Corporation, a Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
Adv#: 2:17-01511
Acevedo et al v. Cruz
Telephonic Hearing
fr. 1-9-18
Docket 1
None.
Debtor(s):
Eddy J Cruz Represented By
Edwing F Keller
Defendant(s):
Eddy J Cruz Pro Se
Plaintiff(s):
Rosa Acevedo Represented By David Brian Lally
Jaime Avila Represented By
David Brian Lally
Carlos Enriquez Represented By David Brian Lally
America Hernandez Represented By David Brian Lally
Patricia Hernandez Represented By
2:00 PM
David Brian Lally
Maria Guadalupe Ramos Represented By David Brian Lally
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-1-17, 1-10-18
Docket 103
- NONE LISTED -
Debtor(s):
J. Craig Fostrey Represented By Tamar Terzian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17, 1-10-18
Docket 27
- NONE LISTED -
Debtor(s):
Juan Almanza Represented By Rebecca Tomilowitz
Joint Debtor(s):
Rosanna Almanza Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-1-17, 1-10-18
Docket 25
- NONE LISTED -
Debtor(s):
Mario Santana Navarro Represented By Brad Weil
Joint Debtor(s):
Karla Cecilia Lopez Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-1-17, 1-10-18
Docket 29
- NONE LISTED -
Debtor(s):
Odon Dela Cruz Salvacion Represented By
James Geoffrey Beirne
Joint Debtor(s):
Eliza R. Salvacion Represented By
James Geoffrey Beirne
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 1-10-18
Docket 32
- NONE LISTED -
Debtor(s):
Oscar Antonio Fashen Represented By
Jerome Bennett Friedman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 1-10-18
Docket 36
- NONE LISTED -
Debtor(s):
Henry L Jackson Represented By Thomas B Ure
Joint Debtor(s):
Carolyn L Jackson Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17, 1-10-18
Docket 39
- NONE LISTED -
Debtor(s):
Garcia Amelia Represented By Michael V Jehdian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17, 1-10-18
Docket 39
- NONE LISTED -
Debtor(s):
Tomacka Thrasher Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17, 1-10-18
Docket 49
- NONE LISTED -
Debtor(s):
Isaias L Ferrer Represented By Justin D Graham
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 6-28-17, 8-2-17; 8-23-17; 9-6-17; 9-20-17
11-15-17, 1-10-18
Docket 34
- NONE LISTED -
Debtor(s):
Reid Jeffrey Osherow Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 7-5-17; 9-6-17; 11-15-17, 1-10-18
Docket 32
- NONE LISTED -
Debtor(s):
Gloria Martinez Represented By William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 67
- NONE LISTED -
Debtor(s):
Betsaida Sanchez-Young Represented By Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
- NONE LISTED -
Debtor(s):
Dick Woods Represented By
Sam Benevento
Joint Debtor(s):
Joanne Woods Represented By Sam Benevento
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 50
- NONE LISTED -
Debtor(s):
George Chavez Jr. Represented By Steven Ibarra
Joint Debtor(s):
Nate Charisse Chavez Represented By Steven Ibarra
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
Docket 28
- NONE LISTED -
Debtor(s):
Antonio Vaca Represented By Tyson Takeuchi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 65
- NONE LISTED -
Debtor(s):
Lynette Marie Baker Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 71
- NONE LISTED -
Debtor(s):
Anthony Eugene Walker Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 68
- NONE LISTED -
Debtor(s):
Vilma Reginaldo Sakha Represented By Brad Weil Arlene M Tokarz
Joint Debtor(s):
Sahat Manafpour Sakha Represented By Brad Weil Arlene M Tokarz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 86
- NONE LISTED -
Debtor(s):
Daniel Rivera Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 46
- NONE LISTED -
Debtor(s):
Conrad Irving Coriz Represented By
Molly L Froschauer Gregory M Shanfeld
Joint Debtor(s):
Emma Kate Coriz Represented By
Molly L Froschauer Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 56
- NONE LISTED -
Debtor(s):
Jaime Gutierrez Represented By Marc A Goldbach
Joint Debtor(s):
Myrna Gutierrez Represented By Marc A Goldbach
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
- NONE LISTED -
Debtor(s):
Doris Mae Tinson Represented By Paul Horn
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 58
- NONE LISTED -
Debtor(s):
Beth M Yu Represented By
Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 57
- NONE LISTED -
Debtor(s):
Jennifer Penalber Represented By Danelle Lloyd
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 58
- NONE LISTED -
Debtor(s):
Jesus Limon Represented By
Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 80
- NONE LISTED -
Debtor(s):
William Hernandez Represented By Raymond Perez
Joint Debtor(s):
Beverly Christine Hernandez Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 47
- NONE LISTED -
Debtor(s):
Jamie Georgia Armstead Represented By James C Shields
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 36
- NONE LISTED -
Debtor(s):
George Le'mar Marrow Represented By Steven A Alpert
Joint Debtor(s):
Maria Elena Marrow Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
- NONE LISTED -
Debtor(s):
Abraham Christopher Silva Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 50
- NONE LISTED -
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 38
- NONE LISTED -
Debtor(s):
Guilmar Alfredo Ruano Represented By Brian J Soo-Hoo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 22
The objection to the exemption is SUSTAINED. The failure of the debtor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the chapter 13 trustee has established a prima facie case for granting the relief requested. The debtor is not permitted to claim the exemption for the two motor vehicles, a 2015 Toyota Highlander and a 2016 Dodge Durango, under CCP § 704.020 as they are not household items as defined by the code. The chapter 13 trustee shall submit an appropriate order. No appearance is necessary.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
None.
Debtor(s):
Carmelita D Rupnow Pro Se
Movant(s):
Carmelita D Rupnow Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
Carmelita D Rupnow Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
B. Ben Mohandesi to appear by telephone
Docket 58
None.
Debtor(s):
Patricia Lopez Represented By Rebecca Tomilowitz
Movant(s):
Patricia Lopez Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
B. Ben Mohandesi to appear by telephone
Docket 56
No opposition was filed.
The debtor's objection to proof of claim ("Claim No. 3") filed with the court’s Claims Register by LVNV Funding, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 3, as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Patricia Lopez Represented By Rebecca Tomilowitz
Movant(s):
Patricia Lopez Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 54
No opposition was filed.
The debtor's objection to proof of claim ("Claim No. 2) filed with the court’s Claims Register by LVNV Funding, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 2, as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Patricia Lopez Represented By Rebecca Tomilowitz
Movant(s):
Patricia Lopez Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. In this case, the Court did not receive a Judge's Copy of the motion and the proof of service does not indicate that the Court was sered. Thus, the Court was unable to review the contents of the motion.
Accordingly, the Court takes this matter OFF CALENDAR. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion. Appearances waived.
Debtor(s):
Ruben N Rivera Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-11-17; 11-15-17, 1-10-18
Docket 31
None.
Debtor(s):
Arturo Torres Magallon Represented By Louis J Esbin
Joint Debtor(s):
Jaclyn J Torres Represented By Louis J Esbin
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Dane Exnowski to appear by telephone
Docket 92
None.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
1:30 PM
Docket 241
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
fr. 11-9-17
Docket 11
None.
Debtor(s):
Rafael Ayala Gutierrez Represented By Onyinye N Anyama
10:00 AM
fr. 10-5-17; 11-9-17
Docket 19
None.
Debtor(s):
Palig Saghdejian Represented By Stephen L Burton
10:00 AM
Docket 162
- NONE LISTED -
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
Movant(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
fr. 7-13-17; 9-7-17; 1-11-18
Docket 1
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
fr. 11-16-17, 1-18-18
Docket 75
None.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
Movant(s):
United States Trustee (LA) Represented By Alvin Mar
10:00 AM
Docket 71
None.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
10:00 AM
fr. 3-9-17; 6-29-17; 10-5-17, 11-16-17, 1-18-18
Docket 0
None.
Tentative Ruling of 10/5/17:
At the June 29, 2017 status conference, the Court set a deadline to file a plan and disclosure statement of September 29, 2017. To date no plan or disclosure statement has been filed. Further, Debtor stated in her initial status report that Debtor would seek a loan modification possibly through the LMM program. To date no motion to participate in the LMM program has been filed. Debtor is (1) to explain the apparent lack of any progress in this case since conversion in January 2017; (2) to address the issues raised by the US Trustee in his response including the ability to propose a confirmable plan given the amount of the priority tax debt and the lack of liquidity, and (3) why the case should not be dismissed.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
10:00 AM
Docket 62
- NONE LISTED -
Debtor(s):
Alverna Stanley Represented By Phillip Myer
Movant(s):
Alverna Stanley Represented By Phillip Myer
2:00 PM
Stipulation to continue hearing filed 3/5/18
Docket 14
Pursuant to the parties' stipulation filed on March 5, 2018 at Docket No. 23, this matter is CONTINUED to April 12, 2018 at 10:00 a.m. The Court will enter an order approving the stipulation. Appearances waived.
Debtor(s):
Miguel Ibarra Represented By Dana M Douglas
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Docket 267
Objecting creditors are to address why dismissal results in legal prejudice in light of the pending district court action which asserts the same claims.
Debtor(s):
Terrance Alexander Tomkow Represented By Lewis R Landau
Movant(s):
Terrance Alexander Tomkow Represented By Lewis R Landau
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
2:00 PM
Docket 271
None.
Debtor(s):
Terrance Alexander Tomkow Represented By Lewis R Landau
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
2:00 PM
Docket 270
None.
Debtor(s):
Terrance Alexander Tomkow Represented By Lewis R Landau
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
2:00 PM
Docket 273
None.
Debtor(s):
Terrance Alexander Tomkow Represented By Lewis R Landau
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay Michael J. Weiland
2:00 PM
Docket 395
See tentative for matter No. 2.
Debtor(s):
Zafar David Khan Represented By Lewis R Landau
Movant(s):
Zafar David Khan Represented By Lewis R Landau
Trustee(s):
Rosendo Gonzalez (TR) Represented By Paul R Shankman
Brian Barouir Yeretzian Michael J. Weiland
2:00 PM
& Shankman, LLP, Counsel to Rosendo Gonzalez, Chapter 7 Trustee
Docket 398
None.
Debtor(s):
Zafar David Khan Represented By Lewis R Landau
Trustee(s):
Rosendo Gonzalez (TR) Represented By Paul R Shankman
Brian Barouir Yeretzian Michael J. Weiland
2:00 PM
Docket 402
None.
Debtor(s):
Zafar David Khan Represented By Lewis R Landau
Trustee(s):
Rosendo Gonzalez (TR) Represented By Paul R Shankman
Brian Barouir Yeretzian Michael J. Weiland
2:00 PM
Docket 404
None.
Debtor(s):
Zafar David Khan Represented By Lewis R Landau
Trustee(s):
Rosendo Gonzalez (TR) Represented By Paul R Shankman
Brian Barouir Yeretzian Michael J. Weiland
2:00 PM
fr. 10-5-17; 11-9-17
Docket 19
None.
Debtor(s):
Palig Saghdejian Represented By Stephen L Burton
2:00 PM
fr. 11-9-17
Docket 11
This scheduling and case management conference is CONTINUED to April 5, 2018 at 10:00 a.m. to take place concurrently with Debtor's disclosure statement hearing. Appearances waived.
Debtor(s):
Rafael Ayala Gutierrez Represented By Onyinye N Anyama
2:00 PM
Docket 62
No opposition was filed. The motion for use of cash collateral is granted. Debtor to upload an order granting the motion. Appearances waived.
Debtor(s):
Alverna Stanley Represented By Phillip Myer
Movant(s):
Alverna Stanley Represented By Phillip Myer
2:00 PM
fr. 11-16-17, 1-18-18
fr 3-8-18 (10:00 Calendar)
Docket 75
None.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
Movant(s):
United States Trustee (LA) Represented By Alvin Mar
2:00 PM
fr. 11-16-17, 1-18-18
fr 3-8-18 (10:00 Calendar)
Docket 71
None.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
2:00 PM
fr. 3-9-17; 6-29-17; 10-5-17, 11-16-17, 1-18-18
fr 3-8-18 (10:00 Calendar)
Docket 0
None.
Tentative Ruling of 10/5/17:
At the June 29, 2017 status conference, the Court set a deadline to file a plan and disclosure statement of September 29, 2017. To date no plan or disclosure statement has been filed. Further, Debtor stated in her initial status report that Debtor would seek a loan modification possibly through the LMM program. To date no motion to participate in the LMM program has been filed. Debtor is (1) to explain the apparent lack of any progress in this case since conversion in January 2017; (2) to address the issues raised by the US Trustee in his response including the ability to propose a confirmable plan given the amount of the priority tax debt and the lack of liquidity, and (3) why the case should not be dismissed.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
2:00 PM
Docket 162
The Court agrees that the claim objection process should be bifurcated into two phases, determination of independent contractor status and then the amount of the claim if necessary. The Court is concerned that the procedure is too open-ended. Discovery is to occur by 2004 exam first. Why? This is unusual. When will the claim objections be filed? How long will the 2004 exams take? Will that be all of the discovery required for the claim process? It seems like this is an inefficient method of moving the claims forward. There is no discovery cut off in this process and therefore, no control over the timing. Further, the Court wonders why the objection process is so long.
Why isn't the Debtor filing the opening brief with evidence and declarations with the claim objection? Why do we need a presumably bare bones objection, a 30-day wait for a hearing and then a date two weeks later for briefing to start? Direct testimony by declaration with cross and redirect in court is common. Why is this an issue?
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
Movant(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
2:00 PM
fr. 7-13-17; 9-7-17; 1-11-18
Docket 1
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
RICHARD SYKES VS
DEBTOR
Docket 19
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on December 9, 2017. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on December 15, 2017. Debtor filed the bankruptcy petition on January 19, 2018 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl.
Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Steve Butler Pro Se
Movant(s):
Richard Sykes Represented By Paul E Gold
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CISR INVESTMENTS, LLC VS
DEBTOR
Docket 9
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a sixty-day notice to quit the premises on August 18, 2017. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on October 27, 2017. Debtor filed the bankruptcy petition on February 13, 2018 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
Movant has requested that the Court grant in rem relief under 11
U.S.C. § 362(d)(4). However, the Court does not grant in rem relief in cases involving leases. Accordingly, Movant's request for in rem relief is denied.
Movant also requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or
10:00 AM
entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v.
TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr.
E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Oscar Lopez Pro Se
Movant(s):
CJSR INVESTMENTS, LLC Represented By Helen G Long
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
EXETER FINANCE LLC VS
DEBTOR
fr. 1-16-18; 2-13-18
Docket 50
None.
Debtor(s):
Kenneth P. Justak Represented By Gregory Grigoryants
Movant(s):
Exeter Finance LLC Represented By Bret D. Allen
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT COMPANY VS
DEBTOR
Docket 21
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2015 Toyota Prius. The debtor has failed to pay 6 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Cicero Clemente De Albuquerque Represented By
Michael D Luppi
10:00 AM
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NISSAN MOTOR ACCEPTANCE CORPORATION
VS DEBTOR
Docket 19
No opposition was filed. The Court takes judicial notice of the Chapter 13 Plan filed in this case on January 29, 2018 in which the debtor stated an intention to surrender the vehicle to movant.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2016 Nissan Altima. The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Norma A Martinez Represented By Joseph M Hoats
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NISSAN MOTOR ACCEPTANCE CORPORATION
VS DEBTOR
Docket 14
On March 7, 2018, the parties filed a stipulation to resolve this matter.
The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Jose Antonio Ascencio Represented By Jennifer Ann Aragon
Joint Debtor(s):
Eugenia Ascencio Represented By Jennifer Ann Aragon
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE, LLC VS
DEBTOR fr. 2-27-18
Docket 53
On March 6, 2018, the parties filed a stipulation to resolve this matter.
The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Albino Evangelista Guimapang Represented By
Michelle A Marchisotto Craig K Streed
Joint Debtor(s):
Mari-Len Callera Guimapang Represented By
Michelle A Marchisotto Craig K Streed
Movant(s):
Nationstar Mortgage LLC Represented By Andrew Kussmaul
10:00 AM
Trustee(s):
Dane W Exnowski
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 2-27-18
Docket 18
None.
Debtor(s):
Edna L. Plesa Represented By
Lissette C Blandino
Movant(s):
U.S. Bank National Association, as Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DITECH FINANCIAL VS
DEBTOR
Docket 54
A stipulation for adequate protection was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Diosdado B Balcorta Jr. Represented By Carlo Reyes
Movant(s):
DITECH FINANCIAL LLC Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
CASE DISMISSED ON 3/13/18
Docket 82
Debtor(s):
William Hernandez Represented By Raymond Perez
Joint Debtor(s):
Beverly Christine Hernandez Represented By Raymond Perez
Movant(s):
U.S. Bank National Association, as Represented By
Dhruv M Sharma Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 55
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. Accordingly, the Court takes this matter OFF CALENDAR for non-receipt of a Judge's Copy. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion.
Appearances waived.
Debtor(s):
Ralph Hernandez Represented By Kirk A Laron
Joint Debtor(s):
Maria Hernandez Represented By Kirk A Laron
Movant(s):
Wells Fargo Bank, N.A. Represented By Mark D Estle Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK VS
DEBTOR
Docket 47
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Agatha Oh Represented By
Laleh Ensafi
Movant(s):
Wells Fargo Bank, N.A. Represented By
10:00 AM
Trustee(s):
Dane W Exnowski
Nancy K Curry (TR) Pro Se
10:00 AM
FREEDOM MORTGAGE CORPORATION VS
DEBTOR
Docket 23
None.
Debtor(s):
Donna Marie Taylor Represented By Nima S Vokshori
Movant(s):
Freedom Mortgage Corporation Represented By Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WOODLAND HILLS MORTGAGE BANKING CORPORATION
VS DEBTOR
Docket 31
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by
10:00 AM
adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
Movant has also requested relief from the § 1301(a) codebtor stay.
However, the loan documents do not list any codebtors, and Movant did not serve the motion or notice of hearing on any codebtors. Accordingly, Movant’s request for relief from the codebtor stay is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Samantha Sanders Represented By Alon Darvish
Movant(s):
Woodland Hills Mortgage Banking Represented By
Julian K Bach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NEAL AND SALLY COHEN VS
DEBTOR
Docket 29
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the
10:00 AM
movant’s request for "extraordinary relief" is denied.
Movant has also requested relief from the § 1301(a) codebtor stay.
However, the loan documents do not list any codebtors, and Movant did not serve the motion or notice of hearing on any codebtors. Accordingly, Movant’s request for relief from the codebtor stay is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Samantha Sanders Represented By Alon Darvish
Movant(s):
Neal Cohen and Sally Cohen, and Represented By
Julian K Bach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NA AS LEGAL TITLE TRUSTEE
VS DEBTOR
Docket 26
A stipulation for adequate protection was filed in this case. The lodging party is to upload an appropriate order. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Renia Harbin Represented By
Thomas B Ure
Movant(s):
U.S. BANK, NA AS LEGAL TITLE Represented By
Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
RICHARD D NIEMI AND KATHLEEN NIEMI
VS DEBTOR
Docket 37
None.
Debtor(s):
Rachelle Genese Kessee Represented By Sanaz S Bereliani
Movant(s):
Richard D. Niemi and Kathleen N. Represented By
Martin W. Phillips
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR
Docket 10
Debtor's case was dismissed on February 20, 2018; however, because movant has requested in rem relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case
10:00 AM
under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Chul Joong Park Pro Se
Movant(s):
The Bank of New York Mellon fka Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 9
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on February 23, 2018. This motion was filed on February 27, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
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change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Angela Olivia Beltran Represented By Andrew Moher
Movant(s):
Angela Olivia Beltran Represented By Andrew Moher Andrew Moher
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 13
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on February 23, 2018. This motion was filed on February 27, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
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change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Monica Matthews-Diaz Represented By Andrew Moher
Movant(s):
Monica Matthews-Diaz Represented By Andrew Moher
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
EILEEN BONILLAS, ADMINISTRATOR OF THE ESTATE OF CELIA ROMO
VS DEBTOR
In Re Estate of Celia P. Romo Docket # 16STPB05138
fr 2-27-18
Case dismissed 2/27/18
Docket 11
Debtor's case was dismissed on February 27, 2018. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Alfred P Romo Represented By Neil R Hedtke
Movant(s):
Eileen Bonillas, Administrator of Represented By
Robert G Uriarte
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
EILEEN BONILLAS VS
DEBTOR
Superior Court Eileen Bonillas v Alfred Palafox Romo BC636675
fr 2-27-18
Case dismissed 2/27/18
Docket 10
Debtor's case was dismissed on February 27, 2018. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Alfred P Romo Represented By Neil R Hedtke
Movant(s):
Eileen Bonillas Represented By Robert G Uriarte
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
HAZEL LIVINGSTON VS
DEBTOR
Docket 10
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on January 8, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on January 19, 2018. Debtor filed the bankruptcy petition on February 16, 2018 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
Movant has requested that the Court grant in rem relief under 11
U.S.C. § 362(d)(4). However, the Court does not grant in rem relief in cases involving leases. Accordingly, Movant's request for in rem relief is denied.
Movant also requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or
10:00 AM
entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v.
TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr.
E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl.
Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Charlotte Reed Pro Se
Movant(s):
Earl Livingston Represented By Joan M Miller
Hazel Livingston Represented By Joan M Miller
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
WELLS FARGO BANK VS
DEBTOR
Docket 8
No opposition was filed. The Court takes judicial notice of the chapter 7 debtors' Statement of Intention filed in this case on January 16, 2018 in which the debtors stated an intention to surrender the property to movant.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $5,800.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $8,859.49. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. This is "cause" to terminate the stay under 11 U.S.C.
§ 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to
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the fact that the movant’s collateral is being used by the debtors without compensation and is depreciating in value. All other relief is denied.
Debtor(s):
The movant shall submit an appropriate order.
Fredy Mauricio Valladares-Fuentes Represented By
Michael H Colmenares
Joint Debtor(s):
Francisca Marilyn Silva-Romero Represented By
Michael H Colmenares
Movant(s):
Wells Fargo Bank, N.A. dba Wells Represented By
Jennifer H Wang
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
MIDFIRST BANK VS
DEBTOR
Docket 12
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
The subject property has a value of $340,269.00 and is encumbered by a perfected deed of trust or mortgage in favor of the movant. The liens against the property total $286,746.94. There is some equity and there is no evidence that the property is necessary to a reorganization or that the trustee can administer the property for the benefit of creditors. Movant is protected by a 7.7% equity cushion in the property. The Ninth Circuit has established that an equity cushion of 20% constitutes adequate protection for a secured creditor. Pistole v. Mellor (In re Mellor), 734 F.2d 1396, 1401 (9th Cir. 1984); see Downey Sav. & Loan Ass’n v. Helionetics, Inc. (In re Helionetics, Inc.), 70
B.R. 433, 440 (Bankr. C.D. Cal. 1987) (holding that a 20.4% equity cushion was sufficient to protect the creditor’s interest in its collateral). However, whether an equity cushion of any particular size provides adequate protection for a creditor’s security interest in the debtor’s property depends on a
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consideration of all circumstances.
In this case, the debtor was delinquent 17 installments on the loan secured by the subject property at the time this motion was filed. There is no evidence that debtor or trustee has made or tendered any payments to movant since commencement of the case. Given the facts of this case and an eroding equity cushion, the Court concludes that movant’s interest in the collateral is not adequately protected. This is cause to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Vincent Harris Represented By Julie J Villalobos
Movant(s):
MidFirst Bank Represented By Darlene C Vigil
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
NVSI, INC VS DEBTOR
Docket 7
None.
Debtor(s):
Lesa Ann Winokur Pro Se
Movant(s):
NVSI, INC. Represented By
Fredric J Greenblatt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
LEA TEDROWE VS
DEBTOR
Docket 20
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2).
The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on January 13, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on January 19, 2018. Debtor filed the bankruptcy petition on January 9, 2018 in an apparent effort to stay commencement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future
10:00 AM
cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl.
Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
John Blanco Pro Se
Movant(s):
Lea Tedrowe Represented By
Sally A Williams
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
PACIFIC LOANWORKS, INC VS
DEBTOR
Docket 11
None.
Debtor(s):
Sergio Moreno Morales Represented By
Leroy Bishop Austin
Movant(s):
Pacific Loanworks, Inc. Represented By Gerrick Warrington
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01516
Villas Del Rey Condominium Assoc. v. Roshan
Telephonic Hearing
fr. 1-9-18, 1-16-18
Docket 1
This status conference is CONTINUED to March 27, 2018 at 2:00
p.m. to take place concurrently with the hearing on Debtor's motion to dismiss. Appearances waived.
Debtor(s):
Kaveh Roshan Represented By Lane K Bogard
Defendant(s):
Kaveh Roshan Pro Se
Plaintiff(s):
Villas Del Rey Condominium Assoc. Represented By
Dennis E McGoldrick
Trustee(s):
Richard K Diamond (TR) Pro Se
10:00 AM
OAKTREE INVESTMENTS, INC VS
DEBTOR
Docket 8
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. Appearances waived.
Movant completed a nonjudicial foreclosure sale on the real property formerly owned by, and still occupied by, the debtor. Under California law, once a nonjudicial foreclosure sale has occurred, the trustor has no right of redemption. Moeller v. Lien, 25 Cal. App. 4th 822, 831 (1994). In this case, the debtor has no right to ignore the foreclosure and attempt to reorganize the debt.
Movant served the debtor with a three-day notice to quit the premises on January 17, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on January 23, 2018. Debtor filed the bankruptcy petition on February 28, 2018 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order
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shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ana D Barahona Pro Se
Movant(s):
Oaktree Investments, Inc. Represented By Carol G Unruh
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
1032 95TH MANAGEMENT, LLC VS
DEBTOR
Docket 9
Debtor(s):
Kenneth Hinds Pro Se
Movant(s):
Madison-MF McCadden CA LLC Represented By
Agop G Arakelian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 36
No opposition was filed. The Court takes judicial notice of the debtors' supplemental declaration, filed in this case on January 24, 2018, in which the debtors stated an intention to surrender the property to movant.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtors' 2007 Toyota Tacoma. The debtors have failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Harry L Solt Represented By
10:00 AM
Leroy Bishop Austin
Joint Debtor(s):
Lissette Solt Represented By
Leroy Bishop Austin
Movant(s):
Wells Fargo Bank, N.A. dba Wells Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SANTANDER CONSUMER USA INC. VS
DEBTOR
Docket 39
None.
Debtor(s):
Sonja Ashby Kingsley Pro Se
Movant(s):
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
SANTANDER CONSUMER USA INC. VS
DEBTOR
Docket 47
None.
Debtor(s):
Lisa Virgene McGeo Represented By
David Samuel Shevitz
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ONDREA FAILLACE AND BLACK ROSE TAVERN, INC. VS
DEBTOR
Stipulation regarding termination of automatic stay filed 3/20/18
Docket 81
On March 20, 2018, Movants and the Chapter 7 trustee filed a stipulation to resolve this matter. However, to date, no proposed order on the stipulation has been lodged. The parties are advised to lodge an order immediately so that the Court may approve the stipulation.
Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Michael Torres Pro Se
Joint Debtor(s):
Carla Torres Pro Se
Movant(s):
Ondrea Faillace Represented By Kurt A Dreibholz
Robert M Aronson Robert M. Aronson Robbin L Itkin
Black Rose Tavern, Inc Represented By Robert M. Aronson
10:00 AM
Trustee(s):
Robert M Aronson Robbin L Itkin
David M Goodrich (TR) Represented By Richard A Marshack
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr. 11-7-17; 12-12-17, 1-16-18; 2-27-18
Stipulation re adequate protection filed 3/23/18
Docket 88
On March 23, 2018, the parties filed a stipulation to resolve this matter.
The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Richard Pacheco Represented By Vernon R Yancy
Joint Debtor(s):
Elva Bernice Pachero Represented By Vernon R Yancy
Movant(s):
U.S. Bank National Association, as Represented By
Joely Khanh Linh Bui Daniel K Fujimoto
10:00 AM
Trustee(s):
Caren J Castle
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr. 10-31-17; 11-28-17, 1-9-18; 2-27-18
Docket 21
None.
Tentative Ruling of 10/31/17:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Ouida Michiko Woods Represented By Philomena N Nzegge
Movant(s):
U.S. Bank National Association, as Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
fr. 1-9-18; 2-6-18
Docket 59
None.
Tentative Ruling of 2/6/18:
Pursuant to the Court's order of January 30, 2018, this matter is CONTINUED to March 27, 2018 at 10:00 a.m. Appearances waived.
Tentative Ruling of 1/9/18:
A stipulation to continue the hearing was filed in this case. Attorney is ordered to filed the stipulation under separate cover and upload an appropriate order. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is CONTINUED to February 6, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Carlos Guardado Represented By John D Monte
Joint Debtor(s):
Jennie Reese Represented By
John D Monte
10:00 AM
Movant(s):
Wells Fargo Bank, N.A. Represented By Brandye N Foreman Darlene C Vigil
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Docket 33
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Guillermina Arevalo Represented By Devin Sawdayi
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
10:00 AM
Trustee(s):
Merdaud Jafarnia
Nancy K Curry (TR) Pro Se
10:00 AM
METROPOLITAN LIFE INSURANCE COMPANY VS
DEBTOR(S)
Docket 55
Debtor(s):
David Becerra Represented By David P Farrell
Joint Debtor(s):
Mariaelena Morales Becerra Represented By David P Farrell
Movant(s):
Metropolitan Life Insurance Represented By Arnold L Graff Seth Greenhill
Matthew R. Clark III Joseph C Delmotte Bryan S Fairman Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Docket 41
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Mariana Brown Represented By Anthony P Cara
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
10:00 AM
Trustee(s):
Merdaud Jafarnia
Nancy K Curry (TR) Pro Se
10:00 AM
CAM XIV TRUST, ITS SUCCESSORS AND/OR ASSIGNEES VS
DEBTOR
Docket 35
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Lisa Marie Battiest Represented By William G Cort
Movant(s):
CAM XIV TRUST, its successors Represented By
10:00 AM
Trustee(s):
Reilly D Wilkinson
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR
Docket 13
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a
10:00 AM
hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Young Hoon Ko Pro Se
Movant(s):
Bayview Loan Servicing, LLC as Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SETERUS, INC VS
DEBTOR
Docket 22
- NONE LISTED -
Debtor(s):
Reynolds K. Ohai Represented By Christopher J Langley
Movant(s):
SETERUS, INC., AS THE Represented By Renee M Parker
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 70
None.
Debtor(s):
Enrique Ramirez Casillas Represented By
Hale Andrew Antico
Joint Debtor(s):
Brenda Maribel Casillas Represented By
Hale Andrew Antico
Movant(s):
U.S. Bank National Association Represented By Darlene C Vigil
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
KAY KITSUTA VA
DEBTOR fr. 3-6-18
Docket 14
None.
Tentative Ruling of 3/6/18:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed with Kitsuta v. Newport Home Care, Inc., which is a lawsuit currently pending against the debtor in a nonbankruptcy forum. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue).
Here, the Court finds cause to permit the pending litigation to be concluded in a non-bankruptcy forum. Movant may proceed in the non-
10:00 AM
bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or estate property, except for filing of a Proof of Claim and/or timely bringing a non-dischargeability adversary proceeding.
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
This order shall be binding and effective despite any conversion of the bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Celia Rodriguez Represented By Christopher P Walker
Movant(s):
Kay Kitsuta Represented By
James R Ebert
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:16-01290 Mastan v. Danpour et al
avoidance of preferential transfers [11 U.S.C. Section 547]
avoidance of actual fraudulent transfers [11 U.S.C. Section 548(a)(1)(A)]
avoidance of constructive fraudulent transfers [11 U.S.C. 548(a)(1)(B)]
recovery of avoided transfers [11 U.S.C. Section 550] and
disallowance of claims [11 U.S.C.Section 502]
fr. 8/23/16; 9-6-16; 10-11-16; 11-15-16; 1-24-17; 3-28-17;
10-3-17; 1-30-18; 2-13-18
Motion for voluntary dismissal of adversary proceeding filed 3/20/18 Stipulation for dismissal of adversary proceeding filed 3/22/18
Docket 1
On March 22, 2018, the parties filed a stipulation to dismiss this adversary proceeding. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this status conference is taken OFF CALENDAR. Appearances waived.
2:00 PM
Debtor(s):
Avenue K1753, LLC Represented By Fadi Amer
Defendant(s):
Henry Danpour Pro Se
Koko and Fashion Field, Inc. Pro Se
Movant(s):
Peter J. Mastan Represented By Meghann A Triplett
Plaintiff(s):
Peter J. Mastan Represented By Meghann A Triplett
Trustee(s):
Peter J Mastan (TR) Represented By Nina Z Javan
Meghann A Triplett
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:17-01378 Wolkowitz v. Eco Modular, Inc. et al
#2.00 Status Conference re Complaint for declaratory relief
fr. 10-3-17; 10-10-17; 11-14-17; 12-12-17, 1-9-18; 2-13-18
Docket 1
None.
Debtor(s):
Marco Antonio Garcia Represented By
William H Brownstein
Levene Neale Bender Yoo & Brill LLP
Defendant(s):
Eco Modular, Inc. Pro Se
Jose Gomez Pro Se
Marco Antonio Garcia Pro Se
Plaintiff(s):
Edward M Wolkowitz Represented By Monica Y Kim
2:00 PM
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay Monica Y Kim
2:00 PM
Adv#: 2:17-01516 Villas Del Rey Condominium Assoc. v. Roshan
Docket 18
None.
Debtor(s):
Kaveh Roshan Represented By Lane K Bogard
Defendant(s):
Kaveh Roshan Represented By Lane K Bogard
Plaintiff(s):
Villas Del Rey Condominium Assoc. Represented By
Dennis E McGoldrick
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:17-01516 Villas Del Rey Condominium Assoc. v. Roshan
fr. 1-9-18, 1-16-18; 3-20-18
Docket 1
This status conference is CONTINUED to March 27, 2018 at 2:00
p.m. to take place concurrently with the hearing on Debtor's motion to dismiss. Appearances waived.
Debtor(s):
Kaveh Roshan Represented By Lane K Bogard
Defendant(s):
Kaveh Roshan Pro Se
Plaintiff(s):
Villas Del Rey Condominium Assoc. Represented By
Dennis E McGoldrick
Trustee(s):
Richard K Diamond (TR) Pro Se
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr. 9-20-17;11-15-17; 12-13-17; 1-31-18
Docket 89
- NONE LISTED -
Debtor(s):
Paul Nelson Represented By
Devin Sawdayi
Joint Debtor(s):
Linda Nelson Represented By
Devin Sawdayi Barry E Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 11-15-17; 2-14-18
Docket 43
- NONE LISTED -
Debtor(s):
Rodolfo L Lomeli Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 11-15-17; 2-14-18
Docket 25
- NONE LISTED -
Debtor(s):
Fortunato Ramirez Jr. Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-18-17; 12-13-17; 1-31-18
Docket 78
- NONE LISTED -
Debtor(s):
James A Baltutis Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
fr 10-18-17; 12-13-17; 1-31-18
Docket 44
- NONE LISTED -
Debtor(s):
Monique M. Adams Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 46
- NONE LISTED -
Debtor(s):
Laura Bash Represented By
Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18
Docket 109
- NONE LISTED -
Debtor(s):
James Cardenas Represented By Charles Shamash Joseph Caceres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-20-17; 11-15-17
Docket 42
- NONE LISTED -
Debtor(s):
Franklin Hernan Gonzalez Represented By Michael Y Lo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18
Docket 87
- NONE LISTED -
Debtor(s):
Francisco Estrada Represented By Clifford Bordeaux
Joint Debtor(s):
Nariza Naval-Estrada Represented By Clifford Bordeaux
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18
Docket 37
- NONE LISTED -
Debtor(s):
Betsy Yun-Yuan Wang Represented By Paul Horn
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 11-15-17; 1-31-18
Docket 34
- NONE LISTED -
Debtor(s):
George Contreras Lopez Represented By Nicholas M Wajda
Joint Debtor(s):
Deborah Margaret Lopez Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 1-31-18
Docket 76
- NONE LISTED -
Debtor(s):
Chang Il Chung Represented By Nicholas M Wajda
Joint Debtor(s):
Jennifer Erin Kanani Chung Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 1-31-18
Docket 52
- NONE LISTED -
Debtor(s):
Ruth M Zapeta Vargas Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-18-17; 12-13-17
Stipulation to continue hearing filed 3/20/18
Docket 29
- NONE LISTED -
Debtor(s):
Aleck Evan Syms Represented By
Richard A Brownstein
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 1-31-18
Docket 39
- NONE LISTED -
Debtor(s):
Norberto Diaz Jr. Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 1-31-18
Docket 57
- NONE LISTED -
Debtor(s):
Byron H. Knight Represented By Steven B Lever
Joint Debtor(s):
Lakesha M. Knight Represented By Steven B Lever
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 1-31-18
Docket 18
- NONE LISTED -
Debtor(s):
Kimberly LaTreese Dunham Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 1-31-18
Docket 42
- NONE LISTED -
Debtor(s):
Nellie Jefferson Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 1-31-18
Docket 35
- NONE LISTED -
Debtor(s):
Kathleen Elizabeth Watkins Represented By
Chantal J Van Ongevalle
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 12-13-17; 2-14-18
Docket 36
- NONE LISTED -
Debtor(s):
Dorris Richard White Jr Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 1-31-18
Docket 25
- NONE LISTED -
Debtor(s):
Kevin James Fiege Represented By Philomena N Nzegge
Joint Debtor(s):
Caroline Ancheta Fiege Represented By Philomena N Nzegge
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18
Docket 77
- NONE LISTED -
Debtor(s):
Onofre Anguiano Jr. Represented By Matthew D Resnik
S Renee Sawyer Blume
Joint Debtor(s):
Maria J Anguiano Represented By Matthew D Resnik
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-20-17; 11-15-17; 1-31-18
Docket 35
- NONE LISTED -
Debtor(s):
Jesus Roberto Mendoza Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-15-17; 1-31-18
Docket 35
- NONE LISTED -
Debtor(s):
Alma Lileana Polanco Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-20-17; 11-15-17; 1-31-18
Docket 45
- NONE LISTED -
Debtor(s):
Elliott Van Buren Thomas Represented By Vernon R Yancy
Joint Debtor(s):
Barbara Jo Thomas Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-20-17; 11-15-17; 1-31-18
Docket 39
- NONE LISTED -
Debtor(s):
Alvaro Trujillo Represented By Shakeal Masoud
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 6-7-17, 8-2-17; 9-6-17; 10-11-17; 11-15-17; 1-31-18
Docket 49
- NONE LISTED -
Debtor(s):
Gene Raymond Barnes Represented By Ali R Nader
Joint Debtor(s):
Elva Barnes Represented By
Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-20-17; 11-15-17; 1-31-18
Docket 88
- NONE LISTED -
Debtor(s):
Robert M Gonzales Sr Pro Se
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 5-24-17, 8-2-17; 11-1-17; 12-13-17; 1-31-18
Docket 82
- NONE LISTED -
Debtor(s):
William Rene Sosa Represented By William G Cort
Joint Debtor(s):
Adriana G. Sosa Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18
Docket 100
- NONE LISTED -
Debtor(s):
Vincent E Aniwanou Represented By Philomena N Nzegge
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18
Docket 87
- NONE LISTED -
Debtor(s):
John Quemada Pro Se
Joint Debtor(s):
Beatrez Ybarra Quemada Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-15-17,1-31-18
Docket 45
- NONE LISTED -
Debtor(s):
Frank Junior Flores Represented By Steven Ibarra
Joint Debtor(s):
Maria Igros Flores Represented By Steven Ibarra
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 7-12-17; 8-23-17; 9-20-17; 11-15-17; 1-31-18
Docket 38
- NONE LISTED -
Debtor(s):
Daniel R. Castro Represented By Cynthia Grande
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-18-17; 12-13-17; 1-31-18
Docket 96
- NONE LISTED -
Debtor(s):
Sherry L Dana Represented By Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 1-31-18
Docket 37
- NONE LISTED -
Debtor(s):
Angel Julian Suarez Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 1-31-18
Docket 46
- NONE LISTED -
Debtor(s):
Ramon Larios Rojas Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
- NONE LISTED -
Debtor(s):
Grady J Dagnan Jr. Represented By Elena Steers
Joint Debtor(s):
Karen L Dagnan Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
- NONE LISTED -
Debtor(s):
Pamela Sue Close Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 50
- NONE LISTED -
Debtor(s):
Eric Conrad Stutts Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 114
- NONE LISTED -
Debtor(s):
Jesus R Valdez Represented By Michael Poole
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
- NONE LISTED -
Debtor(s):
Juan Manuel Quiroz Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 45
- NONE LISTED -
Debtor(s):
Steven D Owens Represented By John K Rounds
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 52
- NONE LISTED -
Debtor(s):
Guadelupe Avila Represented By Donald E Iwuchuku
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 38
- NONE LISTED -
Debtor(s):
Charles Alan Lund Jr. Represented By Andy C Warshaw
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
- NONE LISTED -
Debtor(s):
Carolyn Denise Echols Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 52
- NONE LISTED -
Debtor(s):
James Harold Finch Represented By Jeffrey N Wishman
Joint Debtor(s):
Ruth Marie Freedman-Finch Represented By Jeffrey N Wishman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 69
- NONE LISTED -
Debtor(s):
Amelia Cruz Lengson Represented By Peter L Nisson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
- NONE LISTED -
Debtor(s):
Edwina Harris Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 58
- NONE LISTED -
Debtor(s):
Jaime Rene Anaya Represented By Steven A Wolvek
Joint Debtor(s):
Paula Oralia Anaya Represented By Steven A Wolvek
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-6-17, 11-15-17; 1-31-18
Docket 34
- NONE LISTED -
Debtor(s):
Benjie L Knox Represented By Sunita N Sood
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-15-17; 1-31-18
Docket 69
- NONE LISTED -
Debtor(s):
Roberto Garcia Represented By Luis G Torres
Joint Debtor(s):
Lilia Arechiga Garcia Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 64
- NONE LISTED -
Debtor(s):
Gina Maria Dapremont Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-15-17; 1-31-18
Docket 50
- NONE LISTED -
Debtor(s):
John Kavanaugh Represented By Claudia L Phillips
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18
Docket 42
- NONE LISTED -
Debtor(s):
Josephine Hermilia Saldana Represented By Heather J Canning Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18
Docket 23
- NONE LISTED -
Debtor(s):
Angela Michelle Brown Clinton Represented By Stephen S Smyth William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18
Docket 41
- NONE LISTED -
Debtor(s):
Billy Gene Jones Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
- NONE LISTED -
Debtor(s):
JOSE TREJO Represented By Lauren Rode
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 102
- NONE LISTED -
Debtor(s):
MARIA LUISA QUINONES Represented By Ruben Fuentes
Ruben Fuentes (Pro Bono)
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 49
- NONE LISTED -
Debtor(s):
Delfino Barragan Represented By David Lozano
Joint Debtor(s):
Maria Guadalupe Barragan Represented By David Lozano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
- NONE LISTED -
Debtor(s):
Ricardo Guerra Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 18
- NONE LISTED -
Debtor(s):
Cicero Clemente De Albuquerque Represented By
Michael D Luppi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
- NONE LISTED -
Debtor(s):
Edward D Fontes Jr. Represented By Julie J Villalobos
Joint Debtor(s):
Diana M Fontes Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
- NONE LISTED -
Debtor(s):
Shane David Roberts Represented By Allan S Williams
Joint Debtor(s):
Michelle Lee Roberts Represented By Allan S Williams
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
NONE LISTED -
Debtor(s):
Lisa Virgene McGeo Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
U.S.C. 1307(c)
Docket 42
NONE LISTED -
Debtor(s):
Eduard Akopyan Represented By Tyson Takeuchi Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
U.S.C. §1307(c)
fr. 9-20-17; 11-15-17; 1-31-18
Docket 60
NONE LISTED -
Debtor(s):
Inna Dmitriev Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
NONE LISTED -
Debtor(s):
Georgina Olaya Calleros Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 101
NONE LISTED -
Debtor(s):
Lilia Velasco Represented By
Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
NONE LISTED -
Debtor(s):
William Osmeo Godoy Represented By Joshua L Sternberg
Joint Debtor(s):
Veronica Godoy Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
NONE LISTED -
Debtor(s):
Robert Russel Jr. Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-1-17; 12-13-17; 2-28-18
ExParte Motion to continue filed 3/26/18
Docket 165
None.
Debtor(s):
Ca-Trece Roxanne Mas'sey Represented By Steven L Bryson
Movant(s):
Steven L. Bryson Represented By Steven L Bryson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 79
Debtor(s):
Arash Akmal Represented By
Glenn Ward Calsada
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 41
No opposition was filed.
The court has reviewed the Application of Weber Firman for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $750 in fees and $99.12 in costs, for a total of
$849.12. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
/Debtors’ counsel is to lodge an appropriate order.
Jerald K. Lawrence II Represented By Joseph A Weber
Joint Debtor(s):
Bernice A. Lawrence Represented By Joseph A Weber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 34
The Order to Show Cause is discharged. Debtor has filed the necessary documents. This matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Robert Russel Jr. Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 20
The court issued an Order to Show Cause why the court should not convert or dismiss debtor’s case for failure to comply with the Case Commencement Deficiency Notice. Specifically, debtor has not filed a Certificate of Credit Counseling and has not satisfied the court’s concern.
Debtor(s):
Accordingly, debtor’s case is dismissed.
Judith Vazquez Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 52
NONE LISTED -
Debtor(s):
Joyce M Chapman-Simpson Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 40
NONE LISTED -
Debtor(s):
Sean E Alarid Represented By
Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 15
No opposition was filed.
The debtor's objection to proof of claim ("Claim No. 1") filed with the court’s Claims Register by Cavalry SPV I, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 1, as the four-year statute of limitations has expired on the account under California Code of Civil Procedure Section 337. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Giovanna Norma Lilley Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 15
NONE LISTED -
Debtor(s):
Mona Lisa McClure Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18
Stipulation to continue hearing filed 3/26/18
Docket 39
The parties have filed a stipulation to continue this matter to allow for further settlement discussions. The Court will approve the stipulation. This matter is continued to April 11, 2018 at 1:30 p.m. Appearances waived.
Debtor(s):
Gloria Martinez Represented By William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
Debtors' objection to proof of claim ("Claim No. 1") filed with the Court’s Claims Register by the Internal Revenue Service ("IRS") is OVERRULED without prejudice due to improper service.
Local Bankruptcy Rule 3007-1(b) requires that a claim objection be set for hearing on at least 30 days’ notice and served on the claimant "at the address disclosed by the claimant in its proof of claim and at such other addresses and upon such other parties as may be required by FRBP 7004 and other applicable rules." Local Bankruptcy Rule 2002-2 sets out requirements for notice to and service upon the United States and federal agencies, including the IRS. See LBR 2002-2(c). In all adversary proceedings and contested matters involving the IRS, pleadings and motions must be served on the IRS; the United States; the Attorney General in Washington, D.C.; and the United States Attorney in Los Angeles at the addresses listed in the relevant appendix of the Court Manual. LBR
2002-2(c)(2).
Here, Debtors served their objection on the IRS but not on the other parties listed above. Thus, service of the objection is improper. Accordingly, the objection is overruled.
Debtors shall lodge an appropriate order. Appearances waived.
Debtor(s):
Saul Alvarado Represented By
Rene Lopez De Arenosa Jr
1:30 PM
Joint Debtor(s):
Alicia Alvarado Represented By
Rene Lopez De Arenosa Jr
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 16
None.
Final Ruling:
This motion has been set for hearing on the notice required by LBR 4001(c)(1) and LBR 9013-1(d)(2). The failure of any party in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 90913-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further,
because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir.
2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Debtor seeks to value debtor’s residence at a fair market value of
$335,000 as of January 16, 2018. The subject property is encumbered by a first deed of trust lien held by US Bank Trust, NA, securing a loan with a balance as of the petition date of approximately $370,178.06 and a second deed of trust held by CitiMortgage, Inc., securing a loan with a balance as of the petition date of approximately $88,200. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, CitiMortgage, Inc.’s claim secured by a junior deed of trust lien is completely under-collateralized.
1:30 PM
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan and the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan and upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
Pursuant to LBR 9021-1(b)(1)(B), debtors must serve and lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Mirna A Cabrera Represented By Andrew P Altholz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
Debtor(s):
Robert Russel Jr. Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Stipulation to continue hearing filed 3/26/18
Docket 25
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to May 30, 2018 at 1:30 p.m. Appearances waived.
Debtor(s):
Robert Russel Jr. Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-1-17, 1-10-18; 1-31-18
Stipulation on Motion filed 3/21/18
Docket 43
None.
Debtor(s):
William Osmeo Godoy Represented By Joshua L Sternberg
Joint Debtor(s):
Veronica Godoy Represented By Joshua L Sternberg
Movant(s):
William Osmeo Godoy Represented By Joshua L Sternberg
Veronica Godoy Represented By Joshua L Sternberg Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18
Docket 60
None.
Debtor(s):
Jaime Rene Anaya Represented By Steven A Wolvek
Joint Debtor(s):
Paula Oralia Anaya Represented By Steven A Wolvek
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Judgment Lien with Rosemead Place LLC
522f (Real Property)
fr. 8-23-17; 10-11-17; 12-8-17; 1-12-18; 2-14-18
Docket 62
None.
Debtor(s):
Jorge Gomez Represented By
Clifford Bordeaux
Joint Debtor(s):
Lorenza Gomez Represented By Clifford Bordeaux
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 14
The Court issued an order to show cause why the case should not be dismissed based on the Debtor's failure to file any case commencement documents other than an incomplete voluntary petition. A written response to the OSC was required by March 22, 2018. None was filed; nor has the Debtor filed any additional required documents in the case. The US Trustee filed a response to the OSC stating that he had no objection to dismissal and requesting entry of judgment for accrued but unpaid US Trustee fees. The chapter 11 case is ordered dismissed with a judgment for unpaid US Trustee fees. The US Trustee shall appear at the hearing and indicate the amount of outstanding fees.
Debtor(s):
360 TWENTY FOUR 7 Represented By Wayne W Suojanen
10:00 AM
MARK ADAMS, PREPETITION STATE COURT RECEIVER AND CREDITOR
VS DEBTOR
Docket 12
Pursuant to the Court's order of March 20, 2018 (Docket No. 24), this matter is CONTINUED to April 3, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson
10:00 AM
Telephonic Hearing
Telephone Appearances:
William S. Brody Creditor, Austin Financial Services
Ian C Eisner Creditor, Medley Capital Corp.
Brian T. Harvey Creditor, Austin Financial Services
Lewis R Landau Debtor, Point 360
Shane J Moses Creditor, Netflix
Carey D. Schreiber Creditor, Medley Capital
Docket 184
By the Motion, the Debtor requests an extension of the court imposed deadline for filing a plan and disclosure statement. The Debtor requests that the deadline by moved from April 1, 2018, to May 8, 2018, which is the exclusivity period deadline to file a plan of reorganization. Debtor requests the extension because it has not completed its asset valuation, its claims reconcilliation or the Empire settlement, all of which, the Debtor asserts are necessary in order to file a plan. Medley Capital Corporation and Medley Opportunity Fund II LP, filed an objection to the Motion. Medley disputes the necessity for an extension and argues that the lack of progress is of the Debtor's own making. Medley requests that, to the extent the Court grants the extension, it should be contigent on the Debtor providing Medley with a good faith plan proposal and commencing negotiations no later than 7 business days after entry of such order and to seek court relief prior to filing a 3012 motion or engaging in any contested plan related filings.
The Court will grant the motion for extension. The parties should be prepared to address Medley's request for a "plan negotiation" process prior to, or instead of, any court-ordered mediation.
10:00 AM
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
Docket 959
This motion is CONTINUED to May 3, 2018 at 10:00 a.m. The Court took TAG's administrative claim motion under submission. That motion is the basis for the Motion for Sanctions. The Court must rule on the administrative claim motion prior to considering the sanctions motion. Appearances waived.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Docket 961
The Court is prepared to grant the motion, extending the deadline ninety days. The Court finds that the Debtor has established cause to extend the deadline based on the resolution of the dispute with Pope over the BMI royalties and the need to obtain approval from the New York probate court before filing a motion to approve the settlement in this court. The Debtor should be prepared to address how, and when the asset disposition would occur, assuming the probate court gives approval in May 2018. It is unclear how an asset sale could occur by June 6 under those circumstances, since the Pope settlement must also be approved in this Court before an asset sale occurs.
Further, given the uncertainty of the timing of a decision by the New York probate court, the Court is not inclined to set a hard deadline for the sale to occur and will set a status conference on May 3, 2018 at 10:00 a.m. to update the Court on the status of the sale and the settlement approval.
The parties should be prepared to address Mr. Stewart's request that the Debtor distribute the $400,000 in available BMI royalties at the next distribution date.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Telephonic Hearing
fr. 3-1-18
Telephone Appearances:
Vanessa Haberbush Debtor, Pacific Transportation
Daniel McGuire Creditor, 21900 Alameda St.
Docket 594
None.
Debtor(s):
Pacific 9 Transportation, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Motion for Allowance and Payment of Administrative Expense Claim
Telephone Appearances:
Vanessa Haberbush Debtor, Pacific Transportation
Daniel McGuire Creditor, 21900 Alameda St.
Docket 609
Before the Court is a "Motion to Approve Compromise" ("Motion"). The Court will grant the Motion.
The parties to this Motion are Debtor and 21900 Alameda Street, LLC ("Former Landlord"). Debtor and Former Landlord entered into a Standard Industrial/Commercial Single-Tenant Lease-Net dated 8/22/07 for the property located at 21900 S Alameda Street in Los Angeles (the "Lease").
Debtor assumed the Lease during its chapter 11 case; and, the Lease expired on its own terms on 9/30/17.
The Former Landlord asserted a right to payment of administrative expenses in the amount of $103,264.85 for Debtor’s failure to make/pay for repairs come due and owing during Debtor’s post-petition occupancy of the premises. Debtor objected to the Former Landlord’s motion on the bases that:
the plan bars the administrative expense claim; (2) Former Landlord waived or should be equitably estopped from asserting its administrative expense claim; and (3) if allowed in full the claim could diminish the recovery to Class 5 claimants.
Proposed Settlement:
The Former Landlord’s administrative claim will be allowed in the reduced
10:00 AM
amount of $66,771.72.
The parties arrived at the Settlement figure as follows:
Administrative expenses according to plan projections were
$1,192,901.40;
Allowed administrative expenses and owing UST fees total
$1,104,105.86;
Class 5 Claims under the plan will receive $6,470,000 minus allowed administrative expense and UST fees (-$1,192,901.40) or
$5,277.098.60;
Thus, total administrative expenses cannot exceed $1,192,901.40 or it will reduce the recovery to Class 5 claims;
(Projected administrative expenses of $1,192,901.40) – (allowed administrative expenses + UST Fees of $1,104,105.86) = $66,771.72; thus,
$66,771.72 is the amount that may be paid to the Former Landlord on its administrative claim without reducing the amount of recovery to Class 5 claims.
FRBP 9019 provides that "[o]n motion by the trustee and after notice and a hearing, the court may approve a compromise or settlement." A bankruptcy court has "great latitude in approving compromise agreements." Woodson v. Fireman’s Fund Ins. Co. (In re Woodson), 839 F.2d 610, 620-21 (9th Cir. 1988). The court's discretion, however, is not unlimited. Id. A bankruptcy court should approve a settlement if it was the result of "good faith negotiation" and is "fair and equitable." Martin v. Kane (In re A & C Props.), 784 F.2d 1377, 1381 (9th Cir. 1986). When determining whether a proposed settlement agreement is fair and equitable, courts must consider the following:
The probability of success in the litigation;
The difficulties, if any, to be encountered in the matter of collection;
10:00 AM
The complexity of the litigation involved, and the expense, inconvenience and delay necessarily attending it; and
The paramount interest of the creditors and a proper deference to their reasonable views in the premises.
The Court finds that the Debtor has satisfied the A&C Properties factors. The outcome of continued litigation is uncertain. While there is no difficulty in collection, the litigation would be complex and time consuming. Further there are no funds available to pursue the litigation and any higher claim amount would harm Class 5 creditors. Thus, the paramount interest of creditors supports approval of the compromise. For all of the reasons stated above, the Motion is GRANTED. Pursuant to LBR 9021-1(b)(1)(B), the Debtor must serve and lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Pacific 9 Transportation, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Telephone Appearances:
Vanessa Haberbush Debtor, RPM Harbor Services Geralyn L. Skapik
Docket 201
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 193
Debtor's counsel is to explain why a declaration of debtor was not filed with the application. Further, the application seeks approval of fees and expenses incurred after the confirmation date. The plan provides for fee applications for fees incurred through confirmation. The Court will not rule on fees incurred post-confirmation. Those are payable by the debtor based upon an agreement between the debtor and counsel. Further, the Court will not approve fees included in the categories "Billable work" and "Other Miscellaneous". These do no comply with the requirements for fee applications. Counsel should be prepared to address these issues.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
fr. 8-13-15; 9-24-15; 1-28-16, 5-26-16; 9-28-16
1-26-17, 5-25-17; 8-24-17, 12-14-17; 2-1-18
Docket 1
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
Telephonic Hearing
Peter Lively to appear by telephone
Docket 114
None.
Debtor(s):
Mark Allen Harris Represented By Peter M Lively
10:00 AM
Telephonic Hearing
fr. 3-30-17, 5-25-17, 8-3-17; 8-24-17; 10-12-17; 11-16-17; 1-11-18
Leslie Cohen to appear by telephone
Docket 0
None.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
2:00 PM
Docket 20
The court issued an Order to Show Cause why the court should not convert or dismiss debtor’s case for failure to comply with the Case Commencement Deficiency Notice. Specifically, debtor has not filed any documents correcting the last four digits of the debtor's social security number and has not satisfied the court’s concern.
Debtor(s):
Accordingly, debtor’s case is dismissed.
Carlos E Barcenas Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Docket 17
None.
Debtor(s):
William Anderson Represented By David Jacob
Joint Debtor(s):
Gloria Bell Anderson Represented By David Jacob
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Docket 33
Order to Appear and Show Cause re dismissal
Debtor(s):
Silvestre Bautista Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Docket 28
None.
Debtor(s):
Hong Sik Park Represented By Christie Cronenweth
Joint Debtor(s):
Jong Hee Park Represented By Christie Cronenweth
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
JASON RUND (TR)
Docket 38
None.
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Jason M. Rund. Jason M. Rund ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $1,549.60 in fees and
$224.36 in expenses. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the
2:00 PM
case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $7,996. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Debtor(s):
Applicant shall submit an appropriate order.
Salvador Raul Ortiz Represented By Vanmai H Nguyen
Joint Debtor(s):
Linh My Ortiz Represented By Vanmai H Nguyen
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
to Bisconti Estates, LLC for Deposit by the Trustee into the Estate, 3) Act on Behalf of Bisconti Estates, LLC to Excerise Control over Bank Accounts in the Name of Bisconti Estates, LLC and any Funds Held
or Deposited Therein, Including Authority for the Trustee to Direct a Financial Institution Holding such Accounts or Funds to Turnover all Funds Held by such Financial Institution to the Trustee; and 4) Direct Funds in Control
of Bisconti Estates, LLC to Accounts Held by the Trustee for Deposit into the Estate
fr. 11-7-17, 2-1-18
Docket 279
Pursuant to the Court's order of February 20, 2018, which approves the parties' settlement of this matter, this matter has been resolved.
Accordingly, the Court takes this matter OFF CALENDAR. Appearances waived.
Debtor(s):
Ambra Bisconti Represented By Daren M Schlecter Michael Jay Berger
Movant(s):
Peter J Mastan (TR) Represented By
2:00 PM
Trustee(s):
Sharon Z. Weiss
Peter J Mastan (TR) Represented By Sharon Z. Weiss
2:00 PM
Adv#: 2:15-01560 Windom et al v. Gonzalez
[RULING]
fr. 8-7-17, 8-10-17; 10-16-17, 11-13-17; 2-12-18; 2-12-18; 3-1-18
Docket 1
The Court will issue its ruling on the trial in this matter
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes
Defendant(s):
Maria C Gonzalez Represented By Giovanni Orantes John Davis
Plaintiff(s):
Robin Windom Represented By John Davies John Davis
Giovanni Orantes
Chima Anyanwu Represented By John Davies John Davis
Giovanni Orantes
2:00 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:16-01291
Mastan v. Jeffrey Licht & Associates, Inc. et al
Telephonic Hearing
fr 12-12-17
Meghann Triplett to appear by telephone
Docket 52
The Court will issue an oral ruling on the motion for summary judgment.
Debtor(s):
Avenue K1753, LLC Represented By Fadi Amer
Defendant(s):
Jeffrey Licht & Associates, Inc. Pro Se
Jeffrey Licht Represented By
Lara R Shapiro
Plaintiff(s):
Peter J. Mastan Represented By Meghann A Triplett Jeremy Faith
Trustee(s):
Peter J Mastan (TR) Represented By
2:00 PM
Nina Z Javan Meghann A Triplett
2:00 PM
Adv#: 2:16-01291
Mastan v. Jeffrey Licht & Associates, Inc. et al
Telephonic Hearing
fr 12-12-17
Meghann Triplett to appear by telephone
Docket 49
The standard for a summary judgment motion is set forth in Fed. R. Civ. P. 56, which is made applicable to this proceeding by Bankruptcy Rule 7056, and provides in pertinent part: A movant will prevail on a motion for summary judgment if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Celotex Corp. v. Catrett, 477 U.S. 317 (1986).
In cases such as this, where the parties have filed cross-motions for summary judgment, a court must determine each party's compliance with the summary judgment standard separately as each motion must stand on its own merits. In this respect, the moving party bears the burden of demonstrating to the court that no genuine issues of material fact exist. See Id. at 322–23. For the moving party who bears the burden of proof at trial, (i.e., the Plaintiff), this means establishing that all the elements of that party's claim or cause of action are met. Id. at 331. On the other hand, the moving party not bearing the burden of proof at trial (i.e., the Defendant) must either,
submit affirmative evidence that negates an essential element of the nonmoving party's claim, or, in the alternative, (2) demonstrate to the court that the nonmoving party's evidence is insufficient to establish an essential
element of the nonmoving party's claim. Id. at 331–332.
2:00 PM
Thereafter, upon the moving party meeting its respective burden, "the nonmoving party must come forward with specific facts showing that there is a genuine issue for trial." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586–587 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S.
242, 249–251(1986). When making a determination as to whether a party has met their respective burden, all evidence and inferences drawn from the underlying facts must be viewed in a light most favorable to the nonmoving party. Matsushita, 475 U.S. at 586–588.
Further, the moving party "always bears the initial responsibility of informing the [C]ourt of the basis for its motion, and identifying those portions of the [record] which it believes demonstrate the absence of a genuine issue of material fact." Celotex, 477 U.S. at 323. "It is not enough to move for summary judgment without supporting the motion in any way or with a conclusory assertion that the plaintiff has no evidence to prove its case." In re Hydro–Action, Inc., 341 B.R. 186, 193 (Bankr. E.D. Tex. 2006). "If the moving party fails to meet this burden, the motion must be denied, regardless of the nonmovant's response." Tubacex, Inc. v. M/V Risan, 45 F.3d 951, 954 (5th Cir. 1995).
Here, the defendant Jeffrey Licht ("Defendant"), in his motion for summary judgment merely lists the elements of the plaintiff chapter 7 trustee’s ("Trustee") claims and states that there is no evidence to support the elements. Defendant never cites the record in order to demonstrate specifically how the evidence therein fails to give rise to genuine fact issues. Further, Defendant fails to submit any evidence in support of his affirmative defenses under section 547(c) or demonstrate to the Court that the matters brought forth by Plaintiff raise any genuine issues of material fact. Defendant has failed to meet the initial burden required by a party moving for summary judgment.
For the reasons stated herein, the Motion is DENIED.
2:00 PM
Debtor(s):
Avenue K1753, LLC Represented By Fadi Amer
Defendant(s):
Jeffrey Licht & Associates, Inc. Pro Se
Jeffrey Licht Represented By
Lara R Shapiro
Plaintiff(s):
Peter J. Mastan Represented By Meghann A Triplett Jeremy Faith
Trustee(s):
Peter J Mastan (TR) Represented By Nina Z Javan
Meghann A Triplett
2:00 PM
avoid losing the buyer and as such the sale of the property
Docket 53
Debtor(s):
Palig Saghdejian Represented By Stephen L Burton Armen Shaghzo
10:00 AM
BERKSHIRE COMMUNITIES LLC VS
DEBTOR
Docket 16
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on November 6, 2017. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on November 22, 2017. Debtor filed the bankruptcy petition on February 15, 2018 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future
10:00 AM
cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the lease pursuant to 11 U.S.C. § 1301(d). The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir.
1997). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Young Hoon Ko Pro Se
Movant(s):
Berkshire Communities LLC Represented By Agop G Arakelian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PERITUS PORTFOLIO SERVICES VS
DEBTOR
Docket 48
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2015 Nissan Versa. The debtor has failed to pay 13 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Cheryl Ann Doggans Represented By Kahlil J McAlpin
10:00 AM
Movant(s):
Peritus Portfolio Services as servicer Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR fr. 3-6-18
Docket 99
None.
Tentative Ruling of 3/6/18:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 43 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Lilia Velasco Represented By
Barry E Borowitz
Movant(s):
Wells Fargo Bank, N.A. Represented By Trang Truong
William P McCooe Jr Judith Trigg-Hart Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FEDERAL NATIONAL MORTGAGE ASSOCIATION
VS DEBTOR
fr. 6-6-17; 8-29-17; 10-3-17; 11-14-17, 1-9-18; 2-13-18
3-6-18
Docket 42
Debtor(s):
Elliott Van Buren Thomas Represented By Vernon R Yancy
Joint Debtor(s):
Barbara Jo Thomas Represented By Vernon R Yancy
Movant(s):
Federal National Mortgage Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR fr. 2-27-18
Docket 27
Debtor(s):
Maria Dolores Silva Represented By Daniel King
Movant(s):
Nationstar Mortgage LLC, its Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Docket 27
- NONE LISTED -
Debtor(s):
Maria Dolores Silva Represented By Daniel King
Movant(s):
Nationstar Mortgage LLC, its Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY
VS DEBTOR
fr. 2-13-18
Stipulation for adequate protection to settle lodged 3/6/18
Docket 40
Pursuant to the Court's order of March 7, 2018 (Docket No. 51), this matter has been resolved. Accordingly, the Court takes this matter OFF CALENDAR. Appearances waived.
Debtor(s):
Lisa Virgene McGeo Represented By
David Samuel Shevitz
Movant(s):
Wilmington Savings Fund Society, Represented By
Darlene C Vigil
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY VS
DEBTOR
Docket 60
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtors' residence. The debtors have failed to pay 17 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Anthony Estrada Represented By Barry E Borowitz Heather J Canning
10:00 AM
Joint Debtor(s):
Linda Ann Estrada Represented By Shannon A Doyle Barry E Borowitz Heather J Canning
Movant(s):
Wilmington Savings Fund Society, Represented By
Joseph C Delmotte Bryan S Fairman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SETERUS, INC VS
DEBTOR
Docket 30
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 20 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Edwina Harris Represented By Julie J Villalobos
10:00 AM
Movant(s):
SETERUS, INC., AS THE Represented By Renee M Parker
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HOME POINT FINANCIAL CORPORATION VS
DEBTOR
Docket 45
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 6 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Monica Meraz Represented By William G Cort
10:00 AM
Movant(s):
Home Point Financial Corporation Represented By
Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PENNYMAC LOAN SERVICES, LLC VS
DEBTOR
Docket 27
Debtor(s):
Marcus Joseph Veal Represented By
D Justin Harelik
Joint Debtor(s):
Camille Veal Represented By
D Justin Harelik
Movant(s):
PennyMac Loan Services, LLC Represented By Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
VS DEBTOR
Docket 17
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
Movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Alejandrina Murillo Pro Se
Movant(s):
Wilmington Savings Fund Society, Represented By
Megan E Lees Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Docket 21
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Raul Vazquez Represented By Joshua L Sternberg
Joint Debtor(s):
Mindy Vazquez Represented By
10:00 AM
Movant(s):
Joshua L Sternberg
Nationstar Mortgage LLC d/b/a Mr. Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MARIBOR INCOME TRUST VS
DEBTOR
Docket 7
On March 20, 2018, the Court entered an order dismissing the debtor's bankruptcy case. Movant has not made a sufficient showing of bad faith under 11 U.S.C. § 362(d)(4) for the Court to retain jurisdiction to hear this matter. The hearing on this motion is now OFF CALENDAR. Appearances waived.
Debtor(s):
Juan Carlos Valdes Flores Pro Se
Movant(s):
Maribor Income Trust Represented By Henry D Paloci
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 8
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on March 8, 2018. This motion was filed on March 9, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Salvador Vila Represented By Michael E Clark
Joint Debtor(s):
Theresa Ann Vila Represented By Michael E Clark
Movant(s):
Salvador Vila Represented By Michael E Clark
Theresa Ann Vila Represented By Michael E Clark
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 16
No opposition was filed.
Section 362(c)(4)(A) states that if a single or joint case is filed by or against a debtor who is an individual under this title, and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed, other than a cased refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay shall not go into effect upon the filing of the later case, and on request of a party in interest, the Court shall promptly enter an order confirming that no stay is in effect. 11 U.S.C. § 362(c) (4)(A).
On motion of a party in interest for imposition of the automatic stay and upon notice and a hearing, the Court may impose the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) if the request is made within 30 days of the filing of the later case and after notice and a hearing, only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11 U.S.C. § 362(c)(4)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on March 9, 2018. This motion was filed on March 12, 2018. The motion is timely.
According to the evidence, debtor seeks imposition of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
10:00 AM
Movant’s counsel shall upload an appropriate order via the Court’s
LOU system.
Debtor(s):
Anthony Michael Foggs Represented By Joshua L Sternberg
Movant(s):
Anthony Michael Foggs Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 9
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on March 12, 2018. This motion was filed on March 12, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Joseph A Villagrana Represented By Axel H Richter
Movant(s):
Joseph A Villagrana Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BRADLEY T WEEKS VS
DEBTOR
Docket 18
None.
Debtor(s):
Yolanda Haro Pro Se
Movant(s):
Bradley T Weeks Represented By James W Charlton
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
DYLAN COOPER PAUTSCH MEYERS LLC VS
DEBTOR
Docket 24
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on July 24, 2017. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on October 25, 2017. Debtor filed the bankruptcy petition on January 9, 2018 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
John Blanco Pro Se
Movant(s):
Dylan Cooper Pautsch Myers LLC Represented By
Laurie Howell
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
NICHOLAS J SIPPL AND LINDA HART
VS DEBTOR
Docket 101
None.
Debtor(s):
Michael Torres Pro Se
Joint Debtor(s):
Carla Torres Pro Se
Movant(s):
Nicholas J. Sippl and Linda Hart Represented By
Martin W. Phillips
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack
10:00 AM
MARK ADAMS, PREPETITION STATE COURT RECEIVER AND CREDITOR
VS DEBTOR
fr 3-29-18
Docket 12
None.
Debtor(s):
Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson
10:00 AM
EXETER FINANCE LLC VS
DEBTOR
fr. 1-16-18; 2-13-18; 3-20-18
Docket 50
None.
Debtor(s):
Kenneth P. Justak Represented By Gregory Grigoryants
Movant(s):
Exeter Finance LLC Represented By Bret D. Allen
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01511
Acevedo et al v. Cruz
Telephonic Hearing
fr. 1-9-18; 3-6-18
Docket 1
None.
Debtor(s):
Eddy J Cruz Represented By
Edwing F Keller
Defendant(s):
Eddy J Cruz Pro Se
Plaintiff(s):
Rosa Acevedo Represented By David Brian Lally
Jaime Avila Represented By
David Brian Lally
Carlos Enriquez Represented By David Brian Lally
America Hernandez Represented By David Brian Lally
Patricia Hernandez Represented By David Brian Lally
2:00 PM
Maria Guadalupe Ramos Represented By David Brian Lally
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:17-01272 Leonardi v. O'Neill
avoid lien
avoid preferential transfer
avoid fraudulent transfer
disallow claim
in the alternative determine validity, extent and priority of lien and;
for injunctive equitable and declaratory relief relating thereto
fr. 7-11-17; 11-28-17; 1-16-18; 2-13-18
Docket 1
The Court continued this pretrial conference to allow Debtor sufficient time to file a motion to approve the parties' compromise under Federal Rule of Bankruptcy Procedure 9019. To date, Debtor still has not filed this motion. The parties are to provide the Court with a status update and explain why a compromise motion still has not been filed.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
Defendant(s):
Jennifer O'Neill Pro Se
2:00 PM
Plaintiff(s):
Cedric Leonardi Represented By Leslie A Cohen
2:00 PM
Adv#: 2:18-01005 Burke et al v. Khan et al
Docket 415
This matter is CONTINUED to May 1, 2018 at 2:00 p.m.
Appearances waived.
Debtor(s):
Zafar David Khan Represented By Lewis R Landau
Defendant(s):
Zafar David Khan Represented By Lewis R Landau
Matthew C Mickelson
Terrance Alexander Tomkow Represented By Matthew C Mickelson
RPOST INTERNATIONAL Represented By Richard J Decker
RPOST COMMUNICATIONS Represented By Lewis R Landau Richard J Decker
RMAIL LIMITED Represented By Lewis R Landau
Matthew C Mickelson
Juan Rojas Pro Se
MOMENTEX, INC. Represented By Lewis R Landau
2:00 PM
Plaintiff(s):
Thomas Burke Represented By
Scott E Shapiro Esq
126736 CANADA, INC. Represented By
Scott E Shapiro Esq
George Martin Represented By
Scott E Shapiro Esq
Trustee(s):
Rosendo Gonzalez (TR) Represented By Paul R Shankman
Brian Barouir Yeretzian Michael J. Weiland
2:00 PM
Adv#: 2:18-01005 Burke et al v. Khan et al
Docket 423
This matter is CONTINUED to May 1, 2018 at 2:00 p.m.
Appearances waived.
Debtor(s):
Zafar David Khan Represented By Lewis R Landau
Defendant(s):
Zafar David Khan Represented By Lewis R Landau
Matthew C Mickelson
Terrance Alexander Tomkow Represented By Matthew C Mickelson
RPOST INTERNATIONAL Represented By Richard J Decker
RPOST COMMUNICATIONS Represented By Lewis R Landau Richard J Decker
RMAIL LIMITED Represented By Lewis R Landau
Matthew C Mickelson
Juan Rojas Pro Se
2:00 PM
MOMENTEX, INC. Represented By Lewis R Landau
Plaintiff(s):
Thomas Burke Represented By
Scott E Shapiro Esq
126736 CANADA, INC. Represented By
Scott E Shapiro Esq
George Martin Represented By
Scott E Shapiro Esq
Trustee(s):
Rosendo Gonzalez (TR) Represented By Paul R Shankman
Brian Barouir Yeretzian Michael J. Weiland
2:00 PM
Adv#: 2:18-01005 Burke et al v. Khan et al
Docket 350
This matter is CONTINUED to May 1, 2018 at 2:00 p.m.
Appearances waived.
Debtor(s):
Zafar David Khan Represented By Lewis R Landau
Defendant(s):
Zafar David Khan Represented By Lewis R Landau
Matthew C Mickelson
Terrance Alexander Tomkow Represented By Matthew C Mickelson
RPOST INTERNATIONAL Represented By Richard J Decker
RPOST COMMUNICATIONS Represented By Lewis R Landau Richard J Decker
RMAIL LIMITED Represented By Lewis R Landau
Matthew C Mickelson
Juan Rojas Pro Se
2:00 PM
MOMENTEX, INC. Represented By Lewis R Landau
Plaintiff(s):
Thomas Burke Represented By
Scott E Shapiro Esq
126736 CANADA, INC. Represented By
Scott E Shapiro Esq
George Martin Represented By
Scott E Shapiro Esq
Trustee(s):
Rosendo Gonzalez (TR) Represented By Paul R Shankman
Brian Barouir Yeretzian Michael J. Weiland
2:00 PM
Adv#: 2:18-01005 Burke et al v. Khan et al
for determination of non-dischargeability of debt (11 U.S.C. Section 523(a)(4))
for determination of non-dischargeability of debt (11 U.S.C. Section 523(a)(6))
for determination of non-dischargeability of debt (11 U.S.C. Section 523(a)(2))
for temporary restraining orders, injunctions and judicial decrees, including without limitation preventing further transfers of fraudulently obtained assets or proceeds, profits or offspring thereto
Status Conference re Complaint by Thomas Burke, 126736 CANADA, INC. against Zafar David Khan, Terrance Alexander Tomkow, RPOST INTERNATIONAL LIMITED, RPOST COMMUNICATIONS LIMITED, RMAIL
LIMITED, Juan Rojas, MOMENTEX, INC.. willful and malicious injury)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(41 (Objection / revocation of discharge - 727(c),(d),(e))) (Shapiro, Scott)
Docket 1
This matter is CONTINUED to May 1, 2018 at 2:00 p.m.
Appearances waived.
2:00 PM
Debtor(s):
Zafar David Khan Represented By Lewis R Landau
Defendant(s):
Zafar David Khan Represented By Lewis R Landau
Matthew C Mickelson
Terrance Alexander Tomkow Represented By Matthew C Mickelson
RPOST INTERNATIONAL Represented By Richard J Decker
RPOST COMMUNICATIONS Represented By Lewis R Landau Richard J Decker
RMAIL LIMITED Represented By Lewis R Landau
Matthew C Mickelson
Juan Rojas Pro Se
MOMENTEX, INC. Represented By Lewis R Landau
Plaintiff(s):
Thomas Burke Represented By
Scott E Shapiro Esq
126736 CANADA, INC. Represented By
Scott E Shapiro Esq
George Martin Represented By
Scott E Shapiro Esq
Trustee(s):
Rosendo Gonzalez (TR) Represented By
2:00 PM
Paul R Shankman Brian Barouir Yeretzian Michael J. Weiland
10:00 AM
fr. 1-18-18
Docket 1
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
to Convert, Dismiss or Appoint a Chapter 11 Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon
Docket 120
None.
Debtor(s):
Mark Allen Harris Represented By Peter M Lively
10:00 AM
Filed by Najah J Shariff
Docket 124
None.
Debtor(s):
Mark Allen Harris Represented By Peter M Lively
10:00 AM
Docket 114
None.
Debtor(s):
Mark Allen Harris Represented By Peter M Lively
10:00 AM
Docket 13
None.
Debtor(s):
Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson
10:00 AM
Docket 13
At an order to show cause hearing on March 29, 2018, the Court dismissed the debtor's bankruptcy case with a judgment for outstanding U.S. Trustee quarterly fees. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
360 TWENTY FOUR 7 Represented By Wayne W Suojanen
10:00 AM
Docket 335
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 56
None.
Debtor(s):
Rafael Ayala Gutierrez Represented By Onyinye N Anyama
Movant(s):
Rafael Ayala Gutierrez Represented By Onyinye N Anyama
10:00 AM
fr. 11-9-17, 3-8-18
Docket 11
None.
Debtor(s):
Rafael Ayala Gutierrez Represented By Onyinye N Anyama
2:00 PM
Telephonic Hearing
fr. 3-8-18
Docket 267
None.
Tentative Ruling of 3/8/18:
Objecting creditors are to address why dismissal results in legal prejudice in light of the pending district court action which asserts the same claims.
Debtor(s):
Terrance Alexander Tomkow Represented By Lewis R Landau
Movant(s):
Terrance Alexander Tomkow Represented By Lewis R Landau
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
2:00 PM
fr. 3-8-18
Docket 273
None.
Debtor(s):
Terrance Alexander Tomkow Represented By Lewis R Landau
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay Michael J. Weiland
2:00 PM
Telephonic Hearing
Trustee Chapter 7
fr. 3-8-18
Docket 271
None.
Debtor(s):
Terrance Alexander Tomkow Represented By Lewis R Landau
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
2:00 PM
Telephonic Hearing
fr. 3-8-18
Docket 395
None.
Tentative Ruling of 3/8/18:
Debtor(s):
See tentative for matter No. 2.
Zafar David Khan Represented By Lewis R Landau
Movant(s):
Zafar David Khan Represented By Lewis R Landau
Trustee(s):
Rosendo Gonzalez (TR) Represented By Paul R Shankman
Brian Barouir Yeretzian Michael J. Weiland
2:00 PM
Telephonic Hearing
fr. 3-8-18
Docket 404
None.
Debtor(s):
Zafar David Khan Represented By Lewis R Landau
Trustee(s):
Rosendo Gonzalez (TR) Represented By Paul R Shankman
Brian Barouir Yeretzian Michael J. Weiland
2:00 PM
Telephonic Hearing
fr. 3-8-18
Docket 402
None.
Debtor(s):
Zafar David Khan Represented By Lewis R Landau
Trustee(s):
Rosendo Gonzalez (TR) Represented By Paul R Shankman
Brian Barouir Yeretzian Michael J. Weiland
10:00 AM
Telephonic Hearing
fr. 5-4-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17
fr 2-15-18; 3-5-18
Docket 54
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
fr. 10/5/17, 11-16-17; 12-7-17; 2-15-18; 3-5-18
Docket 148
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
Movant(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
#2.10 Motion for Approval of Disclosure Statement Describing Creditors Chapter 11 Plan Dated January 15, 2018, Filed By Certain Identified Plan Proponents,
[Filed by Creditor West Edge Halo, Inc. et al]
Docket 273
- NONE LISTED -
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
fr. 11-16-17,12-7-17; 2-15-18; 3-5-18
Docket 211
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
Docket 289
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 321
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 290
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 320
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
FR 12-14-17; 2-1-18; 2-15-18; 3-5-18
Docket 210
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
Movant(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
West Edge Halo, Inc. and Brentwood Financial, LLC fr 2-15-18; 3-5-18
Docket 291
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
fr 6-8-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17; 2-15-18
3-5-18
Docket 101
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
11:00 AM
Telephonic Hearing
fr. 5-4-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17
fr 2-15-18; 3-5-18
Docket 54
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
11:00 AM
fr. 10/5/17, 11-16-17; 12-7-17; 2-15-18; 3-5-18
Docket 148
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
Movant(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
11:00 AM
#3.00 Motion for Approval of Disclosure Statement Describing Creditors Chapter 11 Plan Dated January 15, 2018, Filed By Certain Identified Plan Proponents,
[Filed by Creditor West Edge Halo, Inc. et al]
Docket 273
On April 6, 2018, the parties filed a stipulation to withdraw this matter without prejudice. The Court will enter an order approving the stipulation.
Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
11:00 AM
fr. 11-16-17,12-7-17; 2-15-18; 3-5-18
Docket 211
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
11:00 AM
Docket 289
On April 6, 2018, the parties filed a stipulation to withdraw this matter without prejudice. The Court will enter an order approving the stipulation.
Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
11:00 AM
Docket 321
On April 6, 2018, the parties filed a stipulation to withdraw this matter without prejudice. The Court will enter an order approving the stipulation.
Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
11:00 AM
Docket 290
On April 6, 2018, the parties filed a stipulation to withdraw this matter without prejudice. The Court will enter an order approving the stipulation.
Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
11:00 AM
Docket 320
On April 6, 2018, the parties filed a stipulation to withdraw this matter without prejudice. The Court will enter an order approving the stipulation.
Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
11:00 AM
FR 12-14-17; 2-1-18; 2-15-18; 3-5-18
Docket 210
On April 6, 2018, the parties filed a stipulation to withdraw this matter without prejudice. The Court will enter an order approving the stipulation.
Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
Movant(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
11:00 AM
West Edge Halo, Inc. and Brentwood Financial, LLC fr 2-15-18; 3-5-18
Docket 291
On April 6, 2018, the parties filed a stipulation to withdraw this matter without prejudice. The Court will enter an order approving the stipulation.
Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
11:00 AM
fr 6-8-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17; 2-15-18
3-5-18
Docket 101
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
Telephonic Hearing
THE RAMA FUND, LLC VS
DEBTOR
Martin Phillips to appear by telephone
Docket 35
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 6 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Antonio Gonzales Represented By Stephen S Smyth
10:00 AM
Movant(s):
William J Smyth
The Rama Fund, LLC Represented By Martin W. Phillips
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WESTLAKE FINANCIAL SERVICES VS
DEBTOR
Docket 30
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2002 Chevrolet Corvette. The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Maria Johnston Represented By Mariano A Alvarez
10:00 AM
Movant(s):
Westlake Financial Services Represented By Jamie D Hanawalt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr. 6-6-17; 8-29-17; 10-31-17; 12-12-17, 1-16-18,
3-6-18
Docket 91
None.
Debtor(s):
J. Craig Fostrey Represented By Tamar Terzian
Movant(s):
U.S. Bank National Association, as Represented By
Joseph C Delmotte John Chandler
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR
fr. 1-30-18; 2-27-18
Stipulation for adequate protection filed 4/5/18 JaVonne Phillips to appear by telephone
Docket 78
On April 5, 2018, the parties filed a stipulation to resolve this matter.
The Court will enter an order approving the stipulation. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Billy A. Garcia Jr. Represented By
Anthony Obehi Egbase Crystle J Lindsey Edith Walters
W. Sloan Youkstetter
Joint Debtor(s):
Katheryn Garcia Represented By
Anthony Obehi Egbase Crystle J Lindsey Edith Walters
W. Sloan Youkstetter
10:00 AM
Movant(s):
Nationstar Mortgage LLC as Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK VS
DEBTOR fr 3-20-18
Docket 47
None.
Tentative Ruling of 3/20/18:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Agatha Oh Represented By
Laleh Ensafi
Movant(s):
Wells Fargo Bank, N.A. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NEAL AND SALLY COHEN VS
DEBTOR fr 3-20-18
Docket 29
Debtor(s):
Samantha Sanders Represented By Alon Darvish
Movant(s):
Neal Cohen and Sally Cohen, and Represented By
Julian K Bach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 3-6-18
Dane Exnowski to appear by telephone
Docket 29
Debtor(s):
Salvador Montiel Represented By Stephen L Burton
Movant(s):
U.S. BANK NATIONAL Represented By Joseph C Delmotte John D Schlotter Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR
Docket 54
None.
Debtor(s):
Ricardo Perales Jr. Represented By Luis G Torres
Joint Debtor(s):
Patricia Bethel Represented By Luis G Torres
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
PINGORA LOAN SERVICING, LLC VS
DEBTOR
Alexander G Meissner to appear by telephone
Docket 51
None.
Debtor(s):
Richard Preciado Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Alma Jezabel Preciado Represented By Michael E Clark Barry E Borowitz
Movant(s):
Pingora Loan Servicing, LLC Represented By Kristi M Wells Nancy L Lee Jonathan J Damen Jason C Kolbe
Diana Torres-Brito Alexander G Meissner
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
THE BANK OF NEW YORK MELLON VS
DEBTOR
Erin McCartney to appear by telephone
Docket 39
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 6 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Betsy Yun-Yuan Wang Represented By Paul Horn
10:00 AM
Movant(s):
The Bank Of New York Mellon FKA Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WHEELS FINANCIAL GROUP VS
DEBTOR
Sheryl D Noel to appear by telephone
Docket 36
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtors' 2010 Nissan Sentra. The debtors have failed to pay 4 post-petition payments. Also, the debtors have not provided movant with proof of insurance on the vehicle. This is "cause" to terminate the stay under 11
U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Antonio Estrada Represented By Raymond Perez
Joint Debtor(s):
Eva Angelica Estrada Represented By Raymond Perez
Movant(s):
Wheels Financial Group, LLC dba Represented By
Sheryl D Noel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WESCOM CREDIT UNION VS
DEBTOR
Karel Rocha to appear by telephone
Docket 34
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future
10:00 AM
cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Shawn Dean Sheppard Represented By Donald E Iwuchuku
Movant(s):
Wescom Credit Union Represented By Karel G Rocha Letty Ildefonzo
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MAGNUM PROPERTY INVESTMENTS, LLC VS
DEBTOR
PROPERTY: 157 S. Wilmington Ave., #A, Compton, CA 90220
Notice of Movant's intent to proceed on motion despite dismissal filed 3/30/18
Docket 15
Debtor's case was dismissed on March 30, 2018; however, because movant has requested in rem relief and for the Court to annul the stay, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
10:00 AM
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl.
Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the grant deed pursuant to 11 U.S.C. § 1301(d).
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Julio-Cesar Flores Flores Pro Se
Movant(s):
Strategic Acquisitions, Inc. Represented By Harris L Cohen
MAGNUM PROPERTY Represented By Harris L Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MAGNUM PROPERTY INVESTMENTS,, LLC VS
DEBTOR
PROPERTY: 8354 E. Live Oak St., San Gabriel, CA 91776
Notice of Movant's intent to proceed on motion despite dismissal filed 3/30/18
Docket 10
Debtor's case was dismissed on March 30, 2018; however, because movant has requested in rem relief and for the Court to annul the stay, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by
10:00 AM
the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl.
Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the grant deed pursuant to 11 U.S.C. § 1301(d).
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Julio-Cesar Flores Flores Pro Se
10:00 AM
Movant(s):
Strategic Acquisitions, Inc. Represented By Harris L Cohen
MAGNUM PROPERTY Represented By Harris L Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 11
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on March 12, 2018. This motion was filed on March 19, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditor listed on page 3 of the motion. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion
10:00 AM
based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Deborah Plummer Represented By Devin Sawdayi
Movant(s):
Deborah Plummer Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BRECKENRIDGE PROPERTY FUND 2016 LLC VS
DEBTOR
Docket 8
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on December 4, 2017. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on December 8, 2017. A judgment was entered on February 28, 2018, and a writ of possession was issued on March 6, 2018. Debtor filed the bankruptcy petition on March 21, 2018 in an apparent effort to stay enforcement of the unlawful detainer judgment and execution of the writ of possession. This motion has been filed to proceed with such enforcement. Pursuant to In re Perl, 811 F.3d 1120 (9th Cir. 2016), Movant is entitled to the requested relief.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there
10:00 AM
"appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Lucia Lozano Hartford Pro Se
Movant(s):
Breckenridge Property Fund 2016, Represented By
Sam Chandra
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Cassandra Richey to appear by telephone
Docket 16
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle J Lindsey
W. Sloan Youkstetter
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Case dismissed 3/28/18
Diane Weifenbach to appear by telephone
Docket 9
On March 28, 2018, the Court entered an order dismissing the debtor's bankruptcy case. Movant has not made a sufficient showing of bad faith under 11 U.S.C. § 362(d)(4) for the Court to retain jurisdiction to hear this matter. The hearing on this motion is now OFF CALENDAR. Appearances waived.
Debtor(s):
Artemus Digdigan Mayor Pro Se
Movant(s):
U.S. Bank, National Association as Represented By
Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CAM XIV TRUST, ITS SUCCESSORS AND/OR ASSIGNEES VS
DEBTOR fr. 3-27-17
Reilly Wilkinson to appear by telephone
Docket 35
None.
Tentative Ruling of 3/27/18:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Lisa Marie Battiest Represented By William G Cort
Movant(s):
CAM XIV TRUST, its successors Represented By
Reilly D Wilkinson
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01383 AFC CAL, LLC v. Dyson
fr. 10-10-17; 11-28-17
Docket 1
Pursuant to the Court's order of March 30, 2018 (Docket No. 21), this pretrial conference is CONTINUED to May 22, 2018 at 2:00 p.m.
Appearances waived.
Debtor(s):
Devin R. Dyson Represented By Edgar C Johnson
Defendant(s):
Devin R. Dyson Pro Se
Joint Debtor(s):
Laura S. Dyson Represented By Edgar C Johnson
Plaintiff(s):
AFC CAL, LLC Represented By
Tom Roddy Normandin
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
Telephonic Hearing
fr 2-14-18
Raffi Khatchadourian to appear by telephone
Docket 166
- NONE LISTED -
Debtor(s):
Oscar Eduardo Carmona Represented By Nicholas W Gebelt
Joint Debtor(s):
Evey Ibeth Carmona Represented By Nicholas W Gebelt
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 1-10-18; 2-28-18
Docket 31
- NONE LISTED -
Debtor(s):
Mark Logan Represented By
Melissa A Clark Katherine Sandoval
Joint Debtor(s):
Patricia Logan Represented By Melissa A Clark Katherine Sandoval
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-20-17; 11-15-17; 2-14-18
Docket 55
- NONE LISTED -
Debtor(s):
Paul Trevino Represented By
Daniela P Romero
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 11-15-17
fr 2-14-18
Docket 41
- NONE LISTED -
Debtor(s):
Maria Isabel Ochoa Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18
Docket 34
- NONE LISTED -
Debtor(s):
Keith Berglund Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr, 12-13-17
fr 2-14-18
Docket 46
- NONE LISTED -
Debtor(s):
Rafael Godinez Ramirez Represented By Lauren Rode
Joint Debtor(s):
Evangelina Ramirez Represented By Lauren Rode
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 12-13-17; 2-28-18
Docket 43
- NONE LISTED -
Debtor(s):
Ignacio Calderon Represented By Luis G Torres
Joint Debtor(s):
Guadalupe Calderon Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 12-13-17; 2-14-18; 3-28-18
Docket 36
- NONE LISTED -
Debtor(s):
Dorris Richard White Jr Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 146
- NONE LISTED -
Debtor(s):
Gerald Lynn Warren Represented By
Michelle A Marchisotto Craig K Streed
Cynthia L Gibson Sundee M Teeple
Joint Debtor(s):
Robin Lillian Warren Represented By
Michelle A Marchisotto Craig K Streed
Cynthia L Gibson Sundee M Teeple
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 139
- NONE LISTED -
Debtor(s):
Salvador Pizano Represented By Caroline S Kim
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 75
- NONE LISTED -
Debtor(s):
Yeng Song Represented By
Hasmik Jasmine Papian
Joint Debtor(s):
Mai Lee Song Represented By
Hasmik Jasmine Papian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
- NONE LISTED -
Debtor(s):
Janice Dean Lewis Represented By Todd J Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
- NONE LISTED -
Debtor(s):
David Alexander Sanchez Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
- NONE LISTED -
Debtor(s):
John Michael Opferman Represented By
Misty A Perry Isaacson
Joint Debtor(s):
Katherine Lucille Opferman Represented By
Misty A Perry Isaacson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
- NONE LISTED -
Debtor(s):
Anthony Ginnane Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
- NONE LISTED -
Debtor(s):
Teresita Requillas Orcini Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 50
- NONE LISTED -
Debtor(s):
Bonnie Malone Represented By Steven A Wolvek
Trustee(s):
Nancy K Curry (TR) Represented By Steven A Wolvek
1:30 PM
Docket 124
- NONE LISTED -
Debtor(s):
Ronny Hall Represented By
Carolyn A Dye
Joint Debtor(s):
Theresa R Hall Represented By Carolyn A Dye
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr. 3-7-18
Dane Exnowski to appear by telephone
Docket 92
None.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
1:30 PM
Docket 29
- NONE LISTED -
Debtor(s):
Geunhyung Song Represented By Lauren Rode
Joint Debtor(s):
Heeryoung Song Represented By Lauren Rode
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
Rosalyn V Davis Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 20
- NONE LISTED -
Debtor(s):
Young Hoon Ko Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18; 3-28-18
Docket 39
None.
Debtor(s):
Gloria Martinez Represented By William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
No opposition was filed.
The debtors' objection to proof of claim ("Claim No. 5") filed with the court’s Claims Register by CACH, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 5as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Sonya Jo Thompson Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
- NONE LISTED -
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Movant(s):
Mario G. Cardona Represented By Jaenam J Coe
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 55
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 56
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 57
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 58
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 66
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18
Docket 50
- NONE LISTED -
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
None.
Final ruling:
This motion has been set for hearing on the notice required by LBR 4001(c)(1) and LBR 9013-1(d)(2). The failure of any party in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 90913-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further,
because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir.
2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Debtor seeks to value debtor’s residence at a fair market value of
$408,500 as of July 24, 2017. The subject property is encumbered by a first deed of trust lien held by US Bank NA, securing a loan with a balance as of the petition date of approximately $520,048.53 and a second deed of trust held by Anson Street, LLC, securing a loan with a balance as of the petition date of approximately $219,550.56. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, Anson Street, LLC’s claim secured by a junior deed of trust lien is completely under-collateralized.
1:30 PM
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan or the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan or upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Ruben N Rivera Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr. 3-8-18
Docket 14
None.
Debtor(s):
Miguel Ibarra Represented By Dana M Douglas
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
fr. 10-5-17; 11-9-17, 3-8-18
Docket 19
None.
Debtor(s):
Palig Saghdejian Represented By Stephen L Burton
10:00 AM
Telephonic Hearing
fr. 2-15-18; 3-1-17
Victor A Sahn to appear by telephone
Docket 101
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
10:00 AM
Docket 0
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle J Lindsey
W. Sloan Youkstetter
10:00 AM
Docket 11
None.
Debtor(s):
Designed to Move, LLC Represented By
Dennis E McGoldrick
10:00 AM
Telephonic Hearing
Andrew Adams to appear by telephone
Docket 4
None.
Debtor(s):
Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson
10:00 AM
Telephonic Hearing
Docket 1
None.
Debtor(s):
N. L. Abrolat, Inc. Represented By Alan W Forsley
Marc A Lieberman
10:00 AM
fr. 2-15-18
Docket 108
None.
Debtor(s):
Bernice Morales Represented By
Anthony Obehi Egbase Crystle J Lindsey Edith Walters
Clarissa D Cu Robert Rosvall
10:00 AM
Docket 0
None.
Debtor(s):
Bernice Morales Represented By
Anthony Obehi Egbase Crystle J Lindsey Edith Walters
Clarissa D Cu Robert Rosvall
10:00 AM
Docket 79
None.
Debtor(s):
Winston O'Mally Represented By Frank J Alvarado
10:00 AM
fr 9-7-17; 10-5-17, 1-18-18
Docket 20
None.
Debtor(s):
Winston O'Mally Represented By Frank J Alvarado
10:00 AM
fr. 11-16-17, 1-18-18; fr 3-8-18 (10:00 Calendar), 3-8-18
Docket 75
None.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
Movant(s):
United States Trustee (LA) Represented By Alvin Mar
10:00 AM
Docket 96
None.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
Movant(s):
Rhonda E. Reynolds Represented By Thomas B Ure
10:00 AM
fr. 3-9-17; 6-29-17; 10-5-17, 11-16-17, 1-18-18, 3-8-18
fr 3-8-18 (10:00 Calendar)
Docket 0
None.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
10:00 AM
fr. 11-09-17, 12-14-17, 1-18-18, 2-15-18; 3-1-18
Docket 59
None.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
fr. 9-7-17; 1-9-18, 1-18-18. 2-15-18; 3-1-18
Docket 22
This matter is continued to May 3, 2018 at 10:00 a.m. to be heard in conjunction with the hearing on approval of Debtor's First Amended Disclosure Statement. Appearances waived.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
*set from 12-14-17 Hrg
Docket 0
- NONE LISTED -
Debtor(s):
Pacific 9 Transportation, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
fr. 5-11-17, 7-13-17; 9-25-17; 10-12-17,
11-27-17, 12-14-17, 2-15-17
Docket 70
None.
Debtor(s):
Hector Ocegueda Represented By
M Jonathan Hayes
Movant(s):
Hector Ocegueda Represented By
M Jonathan Hayes
10:00 AM
Adv#: 2:15-01467
Holy Hill Community Church et al v. Zemer et al
Telephonic Hearing
fr. 11-19-15; 12-15-15, 1-20-15, 3-22-16; 3-29-16
4-19-16, 6-21-16; 8-9-16; 11-8-16; 1-10-17; 2-2-17;
3-9-17; 6-13-17; 7-11-17, 8-1-17; 9-5-17; 10-10-17
11-14-17, 12-14-17, 1-18-18
Richard Tobin Baum to appear by telephone
Docket 11
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Yuval Bar Zemer Represented By
Bernard D Bollinger Jr
1111 Sunset, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Downtown Capital, LLC Represented By
Bernard D Bollinger Jr
10:00 AM
Anthony J Napolitano
Carl Sohn Pro Se
Chan Hyo Tak Pro Se
Hae Hoon Owh Pro Se
Sung Yeol Yim Pro Se
Movant(s):
1111 Sunset Boulevard, LLC Represented By Jeffrey A Krieger
Plaintiff(s):
Holy Hill Community Church Represented By Andy Kong Richard T Baum
Reorganized Debtor, Holy Hill Represented By Andy Kong
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Adv#: 2:15-01467
Holy Hill Community Church et al v. Zemer et al
Telephonic Hearing
FR. 10-13-15; 12-15-15; 1-20-16, 3-22-16; 3-29-16, 6-21-16
8-9-16; 11-8-16; 1-10-17; 2-2-17,3-9-17; 6-13-17; 7-11-17,
8-1-17; 9-5-17; 10-10-17; 11-14-17, 12-14-17, 1-18-18
Richard Tobin Baum to appear by telephone
Docket 1
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Yuval Bar Zemer Represented By
Bernard D Bollinger Jr
1111 Sunset, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
10:00 AM
Downtown Capital, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Carl Sohn Pro Se
Chan Hyo Tak Pro Se
Hae Hoon Owh Pro Se
Sung Yeol Yim Pro Se
Plaintiff(s):
Holy Hill Community Church Represented By Andy Kong Richard T Baum
Reorganized Debtor, Holy Hill Represented By Andy Kong
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Telephonic Hearing
fr. 3-24-16; 7-21-16; 11-17-16; 3-30-17; 8-3-17, 12-14-17
Richard Tobin Baum to appear by telephone
Docket 0
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
FR. 3-7-18; 3-12-18
Docket 241
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
fr. 3-8-18
Docket 162
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
Movant(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
fr. 7-13-17; 9-7-17; 1-11-18, 3-8-18
Docket 1
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 337
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 338
No opposition was filed.
This objection to the proof of claim of Firmco Medical Inc. ("Claim No.
5") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The court is granting the relief requested to disallow Claim No. 5. The claimant's default is entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). Appearances waived.
The objection is sustained. The court disallows Claim No. 5 as there are insufficent documents to evidence that a debt is owed. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 339
This matter is CONTINUED to May 14, 2018 at 11:00 a.m.
Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 340
This matter is CONTINUED to May 14, 2018 at 11:00 a.m.
Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 341
This matter is CONTINUED to May 14, 2018 at 11:00 a.m.
Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 162
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
2:00 PM
fr 9-14-17, 1-9-18
Docket 144
A stipulation to continue the hearing was filed in this matter. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to April 12, 2018 at 2:00 p.m. No appearances allowed.
Debtor(s):
George G Washington Represented By Julie J Villalobos Alan W Forsley
Trustee(s):
Sam S Leslie (TR) Represented By Leonard M Shulman Rika Kido
2:00 PM
a Stay or Continuing the Automatic Stay as the Court Deems Appropriate
Docket 21
None.
Debtor(s):
Rosie Esparza Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
R2 LOFTS, LP VS
DEBTOR
Docket 12
No opposition was filed.
Judge Brand's Self-Calendaring Instructions allow the moving party on a motion for relief from stay for residential unlawful detainer to self-calendar the motion on shortened notice. However, these Instructions require the movant to file and serve all moving papers on the debtor, the trustee, and any creditor affected by overnight mail, facsimile or personal service at least 14 days before the date scheduled for hearing. Movant is also required to file a declaration regarding service at least 7 days prior to the scheduled hearing.
Here, movant failed to serve the debtor by overnight mail, facsimile, or personal service. Accordingly, due to improper service and movant's failure to comply with Judge Brand’s Self-Calendaring Instructions, the motion is DENIED. Appearances waived.
Debtor(s):
Movant shall lodge an appropriate order via the Court’s LOU system.
Allyssa Holder Pro Se
Movant(s):
R2 Lofts, LP. Represented By
Kevin A Harris
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK VS
DEBTOR
Docket 41
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of the debtors' 2015 Mazda CX5.
Based on the evidence presented, the debtors' lease matured on August 2, 2017, and Movant has since regained possession of the vehicle. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Richard Cassidy Represented By Julie J Villalobos
10:00 AM
Joint Debtor(s):
Janis Cassidy Represented By
Julie J Villalobos
Movant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Cylinda Gamble Anthony Partee Jamie D Hanawalt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK VS
DEBTOR
Docket 68
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2014 Toyota Camry. The debtor has failed to pay 7 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Gina Maria Dapremont Represented By Devin Sawdayi
10:00 AM
Movant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Jamie D Hanawalt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CARMAX BUSINESS SERVICES LLC VS
DEBTOR
Jennifer H. Wang to appear by telephone
Docket 34
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2016 Chrysler 200. The debtor has failed to pay 5 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Miguel Parra Represented By
A Mina Tran
Movant(s):
Carmax Business Services LLC Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
ALLY FINANCIAL INC VS
DEBTOR
Adam N. Barasch to appear by telephone
Docket 15
The motion is DENIED pursuant to 11 U.S.C. § 362(d)(1). Movant failed to show sufficient cause for relief from the automatic stay, as the debtors are not delinquent on any post-petition payments to Movant, according to the motion. Movant has raised no other grounds for relief.
Appearances waived.
Debtor(s):
Movant shall lodge an appropriate order via the Court’s LOU system.
Salvador Vila Represented By Michael E Clark
Joint Debtor(s):
Theresa Ann Vila Represented By Michael E Clark
Movant(s):
Ally Financial Inc. Represented By Adam N Barasch
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
FREEDOM MORTGAGE CORPORATION VS
DEBTOR fr 3-20-18
Camaray Callier-Henderson to appear by telephone Stipulation filed 4-16-18
Docket 23
None.
Debtor(s):
Donna Marie Taylor Represented By Nima S Vokshori
Movant(s):
Freedom Mortgage Corporation Represented By Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WOODLAND HILLS MORTGAGE BANKING CORPORATION
VS DEBTOR
fr 3-20-18
Docket 31
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future
10:00 AM
cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
Movant has also requested relief from the § 1301(a) codebtor stay.
However, the loan documents do not list any codebtors, and Movant did not serve the motion or notice of hearing on any codebtors. Accordingly, Movant’s request for relief from the codebtor stay is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Samantha Sanders Represented By Alon Darvish
Movant(s):
Woodland Hills Mortgage Banking Represented By
Julian K Bach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 64
- NONE LISTED -
Debtor(s):
David Jesus Hales Represented By Matthew D Resnik
Movant(s):
U.S. Bank National Association, as Represented By
Joseph C Delmotte Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR
Jennifer C. Wong to appear by telephone
Docket 42
None.
Debtor(s):
Laszlo Nemeth Represented By
R Grace Rodriguez
Movant(s):
HSBC Bank USA, National Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 55
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtors' residence. The debtors have failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ralph Hernandez Represented By Kirk A Laron
10:00 AM
Joint Debtor(s):
Maria Hernandez Represented By Kirk A Laron
Movant(s):
Wells Fargo Bank, N.A. Represented By Mark D Estle Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
THE BANK OF NEW YORK MELLON VS
DEBTOR
Cassandra Richey to appear by telephone
Docket 58
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtors received an interest in the property through an unauthorized grant deed. The debtors have failed to pay 43 post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2
10:00 AM
years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir.
1997). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
David Shawn Williams Represented By Nicholas S Nassif
Joint Debtor(s):
Lynne Lorraine Williams Represented By Nicholas S Nassif
Movant(s):
The Bank of New York Mellon Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR
Misty A. Perry-Isaacson to appear by telephone
Docket 31
On April 13, 2018, the parties filed a stipulation to resolve this matter.
The Court will enter an order approving the stipulation. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
John Michael Opferman Represented By
Misty A Perry Isaacson
Joint Debtor(s):
Katherine Lucille Opferman Represented By
Misty A Perry Isaacson
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DITECH FINANCIAL LLC VS
DEBTOR
Cassandra Richey to appear by telephone
Docket 34
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtors' residence. The debtors have failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
John Julian Kelly Represented By Keith F Rouse
10:00 AM
Joint Debtor(s):
Monica Lorrain Kelly Represented By Keith F Rouse
Movant(s):
Ditech Financial LLC Represented By Joseph C Delmotte Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 16
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtors filed the voluntary chapter 13 petition on March 19, 2018. This motion was filed on April 2, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtors seek a continuation of the automatic stay as to all creditors. Debtors filed and served their motion on shortened notice. However, debtors only complied with the Court's shortened
10:00 AM
notice rules as to secured creditor Ditech Financial, LLC ("Ditech"), who debtors served via overnight mail. Thus, the Court GRANTS the relief requested as to Ditech only, based upon an apparent change in the personal and financial affairs of the debtors since dismissal of the last case.
Appearances waived.
Debtors' counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Donald Fogel Represented By Nathan Fransen
Joint Debtor(s):
Sandra Lea Fogel Represented By Nathan Fransen
Movant(s):
Donald Fogel Represented By Nathan Fransen Nathan Fransen
Sandra Lea Fogel Represented By Nathan Fransen Nathan Fransen
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 8
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on March 22, 2018. This motion was filed on March 23, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Carlos Silva Represented By
David Lozano
Movant(s):
Carlos Silva Represented By
David Lozano
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
LA PARK LA BREA A LLC VS
DEBTOR
Docket 9
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on October 27, 2017. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on November 8, 2017. Debtor filed the bankruptcy petition on February 28, 2018 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future
10:00 AM
cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
D'Shae Pulver Pro Se
Movant(s):
La Park La Brea A LLC Represented By
Linda T Hollenbeck
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
DAIMLER TRUST VS
DEBTOR
Jennifer H. Wang to appear by telephone
Docket 32
No opposition was filed. The Court takes judicial notice of the Chapter 7 debtor’s Statement of Intention filed in this case on October 2, 2017 in which the debtor stated an intention to surrender the vehicle to movant.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
According to the evidence, movant is the lessor of the vehicle and has a claim in the amount of $48,829.96. The Court is unable to make a finding establishing the value of the vehicle because movant has not provided an authenticated valuation of the vehicle. There is no evidence that the debtor has made or tendered any payments to movant since the petition date. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
10:00 AM
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
The movant shall submit an appropriate order.
Debtor(s):
Aram Shirikchyan Pro Se
Movant(s):
Daimler Trust Represented By
Jennifer H Wang
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Telephonic Hearing
AMERICAN HONDA FINANCE CORPORATION VS
DEBTOR
Vincent V. Frounjian to appear by telephone
Docket 9
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $19,575.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $29,218.74. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
10:00 AM
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to
the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
Debtor(s):
The movant shall submit an appropriate order.
Jose J Chiman-Ibarra Represented By Alisa Admiral
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Cassandra Richey to appear by telephone
Docket 55
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
According to the evidence, movant has a claim in the amount of
$572,160.94 secured by a lien on the subject property. The Court is unable to make a finding establishing the value of the property because movant has not provided an authenticated valuation of the property. There is no evidence that the debtor has made or tendered any payments to movant since the petition date. Also, based on the loan documents, it appears that Debtor has no interest in the subject property. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1).
10:00 AM
The 14-day period specified in FRBP 4001(a)(3) is waived. This order
shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Washmax Garment Care, Inc Represented By Lillian Kim
Movant(s):
U.S. Bank National Association Represented By Cassandra J Richey
Trustee(s):
Peter J Mastan (TR) Represented By David M Goodrich Sulmeyer Kupetz Claire K Wu
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR fr. 4-3-18
Docket 21
Debtor(s):
Raul Vazquez Represented By Joshua L Sternberg
Joint Debtor(s):
Mindy Vazquez Represented By Joshua L Sternberg
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01046 Ridley v. Walton
Docket 1
The parties should be prepared to explain why they should not be sanctioned pursuant to Local Bankruptcy Rule 7016-1(a) for failing to file a status report in advance of the status conference.
Debtor(s):
Paula Louise Walton Represented By
Richard L. Sturdevant
Defendant(s):
Paula Louise Walton Pro Se
Plaintiff(s):
Alan Ridley Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr 10-11-17; 11-15-17; 1-31-18; 2-28-18
Docket 124
- NONE LISTED -
Debtor(s):
Alejandro Ponce Represented By Peter L Lago
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18
Docket 65
- NONE LISTED -
Debtor(s):
Angelica D Cooper Represented By Steven P Chang
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-18-17; 12-13-17; 2-28-18
Docket 70
- NONE LISTED -
Debtor(s):
Marietta Soltis Asumbrado Represented By Mariano A Alvarez
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
fr. 4-26-17, 6-28-17, 8-2-17; 9-6-17; 12-13-17
fr 2-28-18
Docket 47
- NONE LISTED -
Debtor(s):
Oscar Franco Represented By
Thomas B Ure
Joint Debtor(s):
Sarah Franco Represented By
Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-20-17, 12-13-17, 2-14-18
Docket 58
- NONE LISTED -
Debtor(s):
Mary Fuller Represented By
Matthew D Resnik
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18
Docket 67
- NONE LISTED -
Debtor(s):
Betsaida Sanchez-Young Represented By Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr. 9-20-17;11-15-17; 12-13-17; 1-31-18; 3-28-18
Kristi Wells to appear by telephone
Docket 89
- NONE LISTED -
Debtor(s):
Paul Nelson Represented By
Devin Sawdayi
Joint Debtor(s):
Linda Nelson Represented By
Devin Sawdayi Barry E Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 10-18-17; 12-13-17; 2-28-18
Docket 112
- NONE LISTED -
Debtor(s):
Lloyd Lawyer Walker Represented By
Michelle A Marchisotto
Joint Debtor(s):
Clarisa Gutierrez Jaime Represented By
Michelle A Marchisotto
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-1-17, 1-10-18, 3-7-18
Docket 25
- NONE LISTED -
Debtor(s):
Mario Santana Navarro Represented By Brad Weil
Joint Debtor(s):
Karla Cecilia Lopez Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18
Docket 68
- NONE LISTED -
Debtor(s):
Vilma Reginaldo Sakha Represented By Brad Weil Arlene M Tokarz
Joint Debtor(s):
Sahat Manafpour Sakha Represented By Brad Weil Arlene M Tokarz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18
Docket 49
- NONE LISTED -
Debtor(s):
Rafael Torres De La Torre Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18
Docket 44
- NONE LISTED -
Debtor(s):
Doris Mae Tinson Represented By Paul Horn
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-15-17; 1-31-18
fr 3-28-18
Docket 35
- NONE LISTED -
Debtor(s):
Alma Lileana Polanco Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 10-11-17; 12-13-17
fr 2-28-18
Docket 35
- NONE LISTED -
Debtor(s):
Rudy Lopez Sr. Represented By Erika Luna
Joint Debtor(s):
Andrea Lopez Represented By Erika Luna
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18
Docket 22
- NONE LISTED -
Debtor(s):
Lorena Maccioni Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
U.S.C. §1307(c)
fr. 9-20-17; 11-15-17; 1-31-18; 3-28-18
Docket 60
- NONE LISTED -
Debtor(s):
Inna Dmitriev Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 25
- NONE LISTED -
Debtor(s):
Noranece Monique Roberts- Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 70
- NONE LISTED -
Debtor(s):
Catalina M Palaganas Represented By Ali R Nader
Joint Debtor(s):
Raul G Palaganas Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 59
- NONE LISTED -
Debtor(s):
John Darmozadeh Represented By Michael Poole
Joint Debtor(s):
Hilda Darmozadeh Represented By Michael Poole
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 46
- NONE LISTED -
Debtor(s):
Jesus Cardenas Represented By Leonard Pena
Joint Debtor(s):
Maria Dora Cardenas Represented By Leonard Pena
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 77
- NONE LISTED -
Debtor(s):
Edwin Ernesto Lima Represented By
R Grace Rodriguez
Joint Debtor(s):
Judith Maribel Lima Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 62
- NONE LISTED -
Debtor(s):
Mara Victoria Baygulova Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 71
- NONE LISTED -
Debtor(s):
Everil Lynette Nelson Represented By Tyson Takeuchi Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 56
- NONE LISTED -
Debtor(s):
Michael Eric Hoggatt Represented By Peter M Lively
Joint Debtor(s):
Verna Hoggatt Represented By Peter M Lively
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 25
- NONE LISTED -
Debtor(s):
Jason Matsu Represented By
Daren M Schlecter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
- NONE LISTED -
Debtor(s):
Juan Jose Soria Jimenez Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Maria Del Carmen Duran Jimenez Represented By
Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 40
- NONE LISTED -
Debtor(s):
Deborah Howlett Anderson Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 40
- NONE LISTED -
Debtor(s):
Trina Lanette Ward Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 49
- NONE LISTED -
Debtor(s):
Asfren Ibanez Bautista Represented By Gregory M Shanfeld
Joint Debtor(s):
Tricia Louise Bautista Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
- NONE LISTED -
Debtor(s):
Claudia Leyva Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 38
- NONE LISTED -
Debtor(s):
Antonio Estrada Represented By Raymond Perez
Joint Debtor(s):
Eva Angelica Estrada Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 99
- NONE LISTED -
Debtor(s):
Angela D Walton Represented By Matthew D Resnik
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 5-24-17, 8-2-17; 9-20-17; 11-15-17; 12-13-17
fr 2-14-18
Docket 88
- NONE LISTED -
Debtor(s):
Angela D Walton Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 68
- NONE LISTED -
Debtor(s):
Lynette Marie Baker Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
Ramona Cameille Olmedo Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 27
None.
Debtor(s):
Sergio Moreno Morales Represented By
Leroy Bishop Austin Anthony Obehi Egbase
W. Sloan Youkstetter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
None.
Debtor(s):
Sergio Moreno Morales Represented By
Leroy Bishop Austin
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
None.
Debtor(s):
Kippy Lynn Miller Represented By Keith F Rouse
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
None.
Final Ruling:
This motion has been set for hearing on the notice required by LBR 4001(c)(1) and LBR 9013-1(d)(2). The failure of any party in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 90913-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further,
because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir.
2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Debtor seeks to value debtor’s residence at a fair market value of
$320,000 as of December 16, 2017. The subject property is encumbered by a first deed of trust lien held by Mr. Cooper fka Nationstar Mortgage, securing a loan with a balance as of the petition date of approximately $371,919 and a second deed of trust held by Mr. Cooper fka Nationstar Mortgage, securing a loan with a balance as of the petition date of approximately $112,000. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, Mr.
1:30 PM
Cooper fka Nationstar Mortgage’s claim secured by a junior deed of trust lien is completely under-collateralized.
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan or the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan or upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Mariana Brown Represented By Anthony P Cara
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 15
No opposition was filed.
Debtor seek to value debtor's PERSONAL PROPERTY, a 2013 Infiniti G37 V6, at a retail sale value of $17,500. The subject property is secured by an interest held by Infiniti Finance Services, securing a loan with a balance as of the petition date of approximately $23,865. The valuation motion is supported by evidence as to the retail value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339
U.S. 306, 314 (1950). Therefore, Infiniti Finance Services’ claim is only partially secured by a deed of trust lien.
The debtor's motion is GRANTED. Infiniti Finance Services' claim will be allowed as a secured claim only in the amount of $17,500. 11 U.S.C. § 506(a). As a result, the chapter 13 plan must provide for full payment of the secured portion of the claim over the life of the plan and pay the unsecured portion of the lien with other unsecured claims. 11 U.S.C. §1325(a)(5)(B); see In re Enewally, 368 F.3d 1165, 1171-1172 (9th Cir. 2004), cert. den. 543 U.S.
1021, 125 S.Ct. 669 (2004). Appearances waived.
Pursuant to LBR 9021-1(b)(1)(B), debtor must serve and lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Jerome Reynolds Represented By Heather J Canning
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
$ 2,266,719.46
Docket 27
Appearances required.
A proof of claim filed in accordance with the Federal Rules of Bankruptcy Procedure constitutes prima facie evidence of the validity and the amount of the claim and such claim is deemed allowed unless a party in interest objects. Rule 3001(f); 11 U.S.C. § 502(a). Upon objection, a proof of claim provides "some evidence as to its validity and amount" and is "strong enough to carry over a mere formal objection without more." See Lundell v.
Anchor Constr. Spec., Inc., 223 F.3d 1035, 1039 (9th Cir. 2000) (citing In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)).
An objecting party bears the burden of presenting evidence that is sufficient to overcome the presumptive validity of the claim and must "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Holm, 931 F.2d at 623. When the objector has shown enough evidence to negate one or more facts in the proof of claim, the burden shifts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See Lundell, 223 F.3d at 1039 (quoting In re Consol. Pioneer Mort., 178 B.R. 222, 226 (9th Cir. BAP 1995)) (emphasis added).
Under California law, "[o]nly a final judgment on the merits between the same parties or their privies and upon the same cause of action is entitled to the res judicata effect of bar or merger." Busick v. Workmen's Comp. Appeals Bd., 7 Cal.3d 967, 974 (1972). "In California, a ‘cause of action’ is defined by the ‘primary right’ theory. ‘The most salient characteristic of a primary right is that it is indivisible: the violation of a single primary right gives rise to but a single cause of action.’ " Amin v. Khazindar, 112 Cal.App.4th 582, 589 (2003)
1:30 PM
(quoting Crowley v. Katleman, 8 Cal.4th 666 (1994)). Thus, res judicata
under California law can be said to require: (1) a final judgment on the merits;
privity between the parties in the prior action and the present action; and
the same primary right at issue in the present action as in the prior action.
Here, the proof of claim establishes the prima facie validity of the claim. It was filed by Caliber Home Loans as servicer for the holder, US Bank Trust, NA as Trustee for LSF9 Master Participation Trust. It includes the Note endorsed in blank, the deed of trust and assignments of the deed of trust showing the chain of title to US Bank Trust. It provides evidence of the amount of the claim. Further, creditor has filed a declaration stating the current amount due and that Caliber holds the note.
Debtor objects to the claim on the basis that the loan has been paid off. In support of this assertion, Debtor submits a letter from Chase Bank as successor to the original lender and a check in the amount of $23.34, each dated 7/30/14 and states that a teller at a Chase branch told him that there ws no debt owing. Debtor futher asserts that the assignments of the deeds of trust may be "manufactured" due to what Debtor notes are irregularities in the documents. These are assertions without evidentiary support. Debtor has not authenticated the documents that support his contentions that the loan was paid off and has not rebutted the prima facie validity of the claim.
More importantly, Debtor acknowledges that he filed a lawsuit on January 15, 2015 seeking, among other things. to avoid the interest of the lender, then Chase, in the property and raising the exact same arguments Debtor makes here, that the loan was repaid. The state court granted the motions for summary judgment of Chase and Caliber finding that the Debtor had not established a material issue of fact that the loan had not been repaid. The state court entered judgment in favor of the defendants and against the Debtor. That judgment is res judicata and the Debtor cannot challenge the proof of claim on that basis. The state court judgment was a final judgment on the merits between the same parties and asserting the same primary right, the right to the property free of the liens and claims of Caliber and US Bank Trust.
Accordingly, the objection is OVERRULED.
1:30 PM
Debtor(s):
Nicholas Andrew Colachis Pro Se
Movant(s):
Nicholas Andrew Colachis Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 3
None.
Debtor(s):
Julian Robinson Pro Se
1:30 PM
Docket 45
None.
Debtor(s):
Michelle L Eshaghpour Represented By David S Hagen
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 46
None.
Debtor(s):
Ronald Vasquez Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 16
On November 8, 2017, Debtor filed this voluntary Chapter 13 bankruptcy case. Debtor filed her petition without any Chapter 13 plan, schedules, the Statement of Related Cases (LBR Form 1015-2), or the Declaration by Debtor(s) as to Whether Income was Received From an Employer within 60 Days of the Petition Date (LBR Form F1002-1). See Docket No. 1. Debtor received two notices stating that Debtor needed to do one of the following by November 22, 2017: Debtor either needed to (1) file all of the missing documents, or (2) file a motion requesting an extension of time to file such documents. See id. Debtor filed a motion for an extension on November 22, 2017 ("Extension Motion"), requesting that the Court give her until December 8, 2017 to file the missing documents. See Docket No. 9.
The Court denied that motion on November 28, 2017. See Docket No. 10. At that time, Debtor still had not filed any of the missing case commencement documents. Consequently, Debtor’s case was dismissed on November 29, 2017. See Docket No. 11.
On April 9, 2018, Debtor filed the pending motion to vacate the dismissal of her case ("Motion"). See Docket Nos. 16–17. In the Motion, Debtor maintains that she filed all of the documents necessary for her bankruptcy filing to be accepted: namely, the statement about her social security number (Official Form 121), her petition (Official Form 101), and a master mailing list of creditors. Debtor admits that she was not able to file her schedules, Chapter 13 plan, and other case commencement documents by the November 22, 2017 deadline. However, Debtor states that she timely filed her Extension Motion, and she believes the Clerk’s Office merely failed to notice it. Debtor then states that she can file all of the missing documents by April 10, 2018. Thus, Debtor requests that the Court grant her Motion and reinstate her case.
1:30 PM
Federal Rule of Bankruptcy Procedure 9024 incorporates Federal Rule of Civil Procedure ("Civil Rule") 60(b). Civil Rule 60(b) sets forth standards for reconsideration claims and helps define cause. See In re Cleanmaster Industries, Inc., 106 B.R. 628, 630 (B.A.P. 9th Cir. 1989) (citing In re Aguilar, 861 F.2d 873 (5th Cir. 1988)). Under Civil Rule 60(b)(1), a court may relieve a party from a final judgment, order, or proceeding based on "mistake, inadvertence, surprise, or excusable neglect." Fed. R. Civ. P. 60(b)(1). In these cases, the court must weigh the following factors: (1) the danger of prejudice to the non-moving party; (2) the length of the delay and its potential impact on judicial proceedings; (3) the reason for the delay, including whether it was within the reasonable control of the movant; and (4) whether the movant acted in good faith. See Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. Partnership, 507 U.S. 380, 395 (1993). If a party requests relief under Civil Rule 60(b)(1), he or she must file the Civil Rule 60(b) motion within one year of entry of the judgment or order. Fed. R. Civ. P. 60(c)(1).
Here, as a threshold matter, Debtor’s Motion is timely under Civil Rule 60(c)(1). The Court entered its dismissal order on November 29, 2017.
Debtor filed her Motion on April 9, 2018, within one year of that date.
However, the Court has considered the Pioneer factors and determines that they weigh against granting Debtor’s Motion.
With respect to the first factor, the Court notes that the creditor that stands to be most affected by Debtor’s requested relief is Cenlar FSB ("Cenlar"). Cenlar appeared at an April 12, 2018 hearing on Debtor’s emergency motion to continue or impose the automatic stay. See Docket Nos. 21–22, 25. At that time, Cenlar informed the Court that it had planned to proceed with a foreclosure sale of Debtor’s residence on April 12, 2018; however, Debtor filed another bankruptcy case to further delay the foreclosure sale. Cenlar will be prejudiced by the requested relief as it will be delayed from pursuing the foreclosure sale. Debtor will be prejudiced if relief is not granted because Cenlar will proceed with the foreclosure sale. Further, the Debtor failed to appear at the April 12 hearing seeking imposing of a stay in this case. This indicates that Debtor does not wish to proceed with this case. This factor weighs in favor of Cenlar.
1:30 PM
As to the second factor, it has been nearly five months since the Court dismissed Debtor’s case, and only now is Debtor requesting that the Court vacate the dismissal and allow her to file her missing case commencement documents. However, Debtor’s Motion does not include completed copies of the missing documents, as required under Local Bankruptcy Rule 1017-2(c) (1). Debtor also does not explain the reason for her delay in submitting those documents. Therefore, if the Court were to grant Debtor’s Motion, it is likely that Debtor’s five-month delay in filing her case commencement documents would only turn into a lengthier delay, as Debtor still does not appear to have completed such documents. This delay will prevent Debtor’s case from proceeding as efficiently as it should.
With respect to the third factor, Debtor has not provided any explanation of her delay in filing her case commencement documents. Thus, there is no reason for the Court to conclude that timely filing those documents was outside Debtor’s control. Consequently, this factor weighs against granting Debtor’s Motion.
Finally, as to the fourth factor, the record indicates that Debtor did not proceed in good faith. This case is Debtor’s second case where she failed to timely file the required case commencement documents. See Bankr. Case No. 2:17-bk-18724-NB. To date, Debtor still has not filed those documents in this case. Further, the Court takes judicial notice of a third bankruptcy case that Debtor filed on April 11, 2018, see Bankr. Case No. 2:18-bk-14101-SK, where Debtor filed yet another skeletal Chapter 13 petition. In light of Cenlar’s representations to this Court on April 12, 2018, this case history suggests that Debtor may be filing multiple bankruptcy petitions merely to prevent Cenlar from proceeding with foreclosure. This objective is not a proper use of the bankruptcy court system.
Accordingly, for all the reasons set forth above, the Court DENIES Debtor’s Motion. The Court will issue an order pursuant to this tentative ruling.
Debtor(s):
Rosie Esparza Pro Se
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JAMES CHARLTON VS
DEBTOR
Docket 10
Debtor's case was dismissed on April 9, 2018; however, because movant has requested annulment of the automatic stay, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on January 6, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on January 11, 2018. Debtor filed the bankruptcy petition on March 20, 2018 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the
10:00 AM
subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl.
Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Leanette Booth Pro Se
Movant(s):
James Charlton Represented By James W Charlton
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HSBC BANK USA,, NATIONAL ASSOCIATION VS
DEBTOR
Docket 13
Debtor's case was dismissed on April 9, 2018; however, because movant has requested in rem relief, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note
10:00 AM
pursuant to 11 U.S.C. § 1301(d). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Leanette Booth Pro Se
Movant(s):
HSBC Bank USA, National Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
EXETER FINANCE LLC VS
DEBTOR
fr. 1-16-18; 2-13-18; 3-20-18; 4-3-18
Docket 50
None.
Debtor(s):
Kenneth P. Justak Represented By Gregory Grigoryants
Movant(s):
Exeter Finance LLC Represented By Bret D. Allen
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
KIA MOTORS FINANCE VS
DEBTOR
Docket 37
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2013 Kia Optima. The debtor has failed to pay 5 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Michele Jackson Represented By Keith F Rouse
10:00 AM
Movant(s):
Kia Motors Finance Represented By Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NISSAN MOTOR ACCEPTANCE CORPORATION VS
DEBTOR
Docket 27
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2015 Nissan Sentra. The debtor has failed to pay 5 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Maria Petra Zarate Represented By William G Cort
10:00 AM
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HONDA LEASE TRUST VS
DEBTOR
Docket 20
- NONE LISTED -
Debtor(s):
Dennis Lina Silva Represented By
James Geoffrey Beirne
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 3-27-18
Docket 70
None.
Debtor(s):
Enrique Ramirez Casillas Represented By
Hale Andrew Antico
Joint Debtor(s):
Brenda Maribel Casillas Represented By
Hale Andrew Antico
Movant(s):
U.S. Bank National Association Represented By Darlene C Vigil Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR fr. 4-10-18
Docket 54
On April 10, 2018, the parties filed a stipulation to resolve this matter.
The Court will enter an order approving the stipulation. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Ricardo Perales Jr. Represented By Luis G Torres
Joint Debtor(s):
Patricia Bethel Represented By Luis G Torres
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
fr 10-3-17; 10-31-17; fr 12-5-17; 12-13-17; 1-30-18; 2-27-18
Case dismissed 11/9/17
Docket 33
None.
Debtor(s):
Michelle L Eshaghpour Represented By David S Hagen
Movant(s):
WELLS FARGO BANK, N. A. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
fr. 1-9-18; 2-6-18; 3-27-18
Case dismissed 4/2/18
Docket 59
Debtor(s):
Carlos Guardado Represented By John D Monte
Joint Debtor(s):
Jennie Reese Represented By
John D Monte
Movant(s):
Wells Fargo Bank, N.A. Represented By Brandye N Foreman Darlene C Vigil
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr. 10-31-17; 11-28-17, 1-9-18; 2-27-18
fr. 3-27-18
Docket 21
Debtor(s):
Ouida Michiko Woods Represented By Philomena N Nzegge
Movant(s):
U.S. Bank National Association, as Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WESCOM CREDIT UNION VS
DEBTOR fr. 4-10-18
Docket 34
None.
Tentative Ruling of 4/10/18:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings
10:00 AM
LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Shawn Dean Sheppard Represented By Donald E Iwuchuku
Movant(s):
Wescom Credit Union Represented By Karel G Rocha Letty Ildefonzo
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR fr. 3-27-18
Docket 41
None.
Tentative Ruling of 3/27/18:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Mariana Brown Represented By Anthony P Cara
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TRINITY FINANCIAL SERVICES, LLC VS
DEBTOR
Case dismissed 4/13/18
Docket 64
- NONE LISTED -
Debtor(s):
Mayra Lopez Represented By
Luis G Torres
Movant(s):
Trinity Financial Services LLC Represented By
Rafael R Garcia-Salgado Richard J Reynolds
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
GMAT LEGAL TITLE TRUST 2014-1 VS
DEBTOR
Docket 32
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Shelia Varrie-Gail Nelson-Griggs Represented By
Julie J Villalobos
10:00 AM
Movant(s):
GMAT Legal Title Trust 2014-1, Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO USA HOLDINGS, INC VS
DEBTOR
Stipulation for adequate protection filed 4/24/18
Docket 24
On April 24, 2018, the parties filed a stipulation to resolve this matter.
The Court will enter an order approving the stipulation. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Wanda Denise Clayton Represented By Gregory M Shanfeld
Movant(s):
Wells Fargo USA Holdings, Inc. Represented By
Nancy L Lee
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CALIFORNIA CREDIT UNION VS
DEBTOR
Docket 40
None.
Debtor(s):
Gloria L Leonard Represented By Leon D Bayer
Movant(s):
California Credit Union, its Represented By Nichole Glowin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR
Docket 58
None.
Debtor(s):
Patricia West Represented By
Joseph A West
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
PNC BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 29
None.
Debtor(s):
Armando Diaz Represented By Christopher J Langley
Movant(s):
PNC Bank, National Association, its Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ALTURA CREDIT UNION VS
DEBTOR
Docket 27
Debtor filed a non-opposition to the motion and according to Movant debtor claims no interest in the property.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
Movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Fariba Edwards Represented By Sundee M Teeple Craig K Streed
Movant(s):
Altura Credit Union, and its Represented By Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
STRATEGIC ACQUISITIONS, INC VS
DEBTOR
Notice of Movant's intent to proceed on motion despite dismissal filed 4/23/18
Docket 37
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay post- petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
Movant has requested that the Court grant in rem relief under 11
U.S.C. § 362(d)(4). However, movant is a purchasing creditor at a trustee's sale for which this Court does not grant such relief. Accordingly, movant's request for in rem relief is denied.
Further, movant seeks annulment of the stay. However, the foreclosure sale occurred on February 23, 2018 at 11:38 a.m. and this case was filed on March 1, 2018; thus, no annulment is warranted as there was no
10:00 AM
stay in this case affecting the sale. Accordingly, movant's request for annulment is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Sergio Moreno Morales Represented By
Leroy Bishop Austin Anthony Obehi Egbase
W. Sloan Youkstetter
Movant(s):
MAGNUM PROPERTY Represented By Harris L Cohen
Strategic Acquisitions, Inc. Represented By Harris L Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SIERRA PACIFIC MORTGAGE CO. VS
DEBTOR
Docket 16
None.
Debtor(s):
Rosicela Carbajal Carlos Represented By Marc C Hodges
Movant(s):
Sierra Pacific Mortgage Co. Represented By Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, NA VS
DEBTOR
Docket 22
None.
Debtor(s):
Anthony Michael Foggs Represented By Joshua L Sternberg
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Case dismisssed 4/2/18
Docket 11
Debtor's case was dismissed on April 2, 2018; however, because movant has requested in rem relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not
10:00 AM
specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Hye Rin Park Pro Se
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Nancy L Lee
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ROBERT NAGATA 401(K) PROFIT SHARING PLAN
VS DEBTOR
Docket 9
Debtor's case was dismissed on April 9, 2018; however, because movant has requested in rem relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
Movant has requested relief from the § 1301(a) codebtor stay.
However, Movant failed to serve the motion on all codebtors, namely, the original borrower Accordingly, Movant’s request for relief from the codebtor stay is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided
10:00 AM
the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Carlos Rodriguez Pro Se
Movant(s):
ROBERT Y. NAGATA 401(K) Represented By Edward T Weber
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SANTANDER CONSUMER USA INC. VS
DEBTOR fr. 3-27-18
Docket 39
None.
Debtor(s):
Sonja Ashby Kingsley Pro Se
Movant(s):
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
VS DEBTOR
Docket 15
None.
Debtor(s):
Edward J Cha Pro Se
Movant(s):
The Regents of the University of Represented By
Thomas G Oesterreich
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 14
None.
Debtor(s):
Archie Clore Pope Represented By James C Shields
Trustee(s):
Nancy K Curry (TR) Pro Se
11:00 AM
Notice of Conversion filed April 16, 2018 Docket Number 15
Docket 22
None.
Debtor(s):
Carolina Ayala Hernandez Represented By Axel H Richter
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 17
None.
Debtor(s):
Johnnie Fields Represented By Leslie Richards
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01051 Kitsuta v. Rodriguez
Docket 1
None.
Debtor(s):
Celia Rodriguez Represented By Christopher P Walker
Defendant(s):
Celia Rodriguez Pro Se
Plaintiff(s):
Kay Kitsuta Represented By
Joseph K. Lee James R Ebert
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01055 United States Trustee for the Central District of v. Shirikchyan
#2.00 Status Conference re Complaint for denial of discharge
Default entered by Clerk against Defendant: Aram Shirikchyan on 4/9/18
Docket 1
None.
Debtor(s):
Aram Shirikchyan Pro Se
Defendant(s):
Aram Shirikchyan Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Alvin Mar
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:18-01046 Ridley v. Walton
Docket 4
None.
Debtor(s):
Paula Louise Walton Represented By
Richard L. Sturdevant
Defendant(s):
Paula Louise Walton Represented By
Richard L. Sturdevant
Plaintiff(s):
Alan Ridley Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01078 Hoats v. Briceno
Docket 1
The parties should be prepared to explain why they should not be sanctioned pursuant to Local Bankruptcy Rule 7016-1(a) for failing to file a status report in advance of the status conference.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Defendant(s):
Maria Felix Briceno Pro Se
Plaintiff(s):
Joseph M Hoats Represented By Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:16-01291 Mastan v. Jeffrey Licht & Associates, Inc. et al
Avoidance of Preferential Transfers [11 U.S.C. § 547];
Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A);
Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B)];
Recovery of Avoided Transfers [11 U.S.C. § 550];
Disallowance of Claims [11 U.S.C. § 502]
fr 3-7-17; 3-28-17; 9-5-17, 10-3-17; 11-7-17; 1-30-18
Default entered by clerk against defendant
Stipulation to continue filed 3-8-18
Docket 20
Pursuant to the Court's order of November 2, 2017, this pretrial
2:00 PM
conference is CONTINUED to January 30, 2018 at 2:00 p.m. Appearances waived.
Debtor(s):
Avenue K1753, LLC Represented By Fadi Amer
Defendant(s):
Jeffrey Licht & Associates, Inc. Pro Se
Jeffrey Licht Represented By
Lara R Shapiro
Plaintiff(s):
Peter J. Mastan Represented By Meghann A Triplett Jeremy Faith
Trustee(s):
Peter J Mastan (TR) Represented By Nina Z Javan
Meghann A Triplett
2:00 PM
Adv#: 2:17-01272 Leonardi v. O'Neill
avoid lien
avoid preferential transfer
avoid fraudulent transfer
disallow claim
in the alternative determine validity, extent and priority of lien and;
for injunctive equitable and declaratory relief relating thereto
fr. 7-11-17; 11-28-17; 1-16-18; 2-13-18; 4-3-18
Docket 1
Debtor filed a motion to approve the parties' compromise ("9019 Motion") on April 11, 2018. The 9019 Motion has been set for hearing on May 3, 2018. Accordingly, this pretrial conference is CONTINUED to May 15, 2018 at 2:00 p.m. to allow the Court to consider and rule on the 9019 Motion. Appearances waived.
Tentative Ruling of 4/3/18:
The Court continued this pretrial conference to allow Debtor sufficient time to file a motion to approve the parties' compromise under Federal Rule of Bankruptcy Procedure 9019. To date, Debtor still has not filed this motion. The parties are to provide the Court with a status update and explain why a compromise motion still has not been filed.
2:00 PM
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
Defendant(s):
Jennifer O'Neill Pro Se
Plaintiff(s):
Cedric Leonardi Represented By Leslie A Cohen
2:00 PM
Adv#: 2:18-01005 Burke et al v. Khan et al
Docket 415
At a hearing on April 5, 2018, the Court dismissed the Chapter 7 bankruptcy cases filed by debtors Terrance Alexander Tomkow and Zafar David Khan (Bankr. Case Nos. 2:13-bk-19712-WB and 2:13-bk-19713-WB). Accordingly, the related adversary proceedings (Adv. Case Nos. 2:18-
ap-01005-WB and 2:18-ap-01006-WB) are also DISMISSED. Therefore, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Zafar David Khan Represented By Lewis R Landau
Defendant(s):
Zafar David Khan Represented By Lewis R Landau
Matthew C Mickelson
Terrance Alexander Tomkow Represented By Matthew C Mickelson
RPOST INTERNATIONAL Represented By Richard J Decker
RPOST COMMUNICATIONS Represented By Lewis R Landau Richard J Decker
RMAIL LIMITED Represented By
2:00 PM
Lewis R Landau Matthew C Mickelson
Juan Rojas Pro Se
MOMENTEX, INC. Represented By Lewis R Landau
Plaintiff(s):
George Martin Represented By
Scott E Shapiro Esq
Thomas Burke Represented By
Scott E Shapiro Esq
126736 CANADA, INC. Represented By
Scott E Shapiro Esq
Trustee(s):
Rosendo Gonzalez (TR) Represented By Paul R Shankman
Brian Barouir Yeretzian Michael J. Weiland
2:00 PM
Adv#: 2:18-01005 Burke et al v. Khan et al
for determination of non-dischargeability of debt (11 U.S.C. Section 523(a)(4))
for determination of non-dischargeability of debt (11 U.S.C. Section 523(a)(6))
for determination of non-dischargeability of debt (11 U.S.C. Section 523(a)(2))
for temporary restraining orders, injunctions and judicial decrees, including without limitation preventing further transfers of fraudulently obtained assets or proceeds, profits or offspring thereto
fr 4-3-18
Docket 1
At a hearing on April 5, 2018, the Court dismissed the Chapter 7 bankruptcy cases filed by debtors Terrance Alexander Tomkow and Zafar David Khan (Bankr. Case Nos. 2:13-bk-19712-WB and 2:13-bk-19713-WB). Accordingly, the related adversary proceedings (Adv. Case Nos. 2:18-
ap-01005-WB and 2:18-ap-01006-WB) are also DISMISSED. Therefore, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Zafar David Khan Represented By Lewis R Landau
Defendant(s):
Zafar David Khan Represented By Lewis R Landau
2:00 PM
Matthew C Mickelson
Terrance Alexander Tomkow Represented By Matthew C Mickelson
RPOST INTERNATIONAL Represented By Richard J Decker
RPOST COMMUNICATIONS Represented By Lewis R Landau Richard J Decker
RMAIL LIMITED Represented By Lewis R Landau
Matthew C Mickelson
Juan Rojas Pro Se
MOMENTEX, INC. Represented By Lewis R Landau
Plaintiff(s):
George Martin Represented By
Scott E Shapiro Esq
Thomas Burke Represented By
Scott E Shapiro Esq
126736 CANADA, INC. Represented By
Scott E Shapiro Esq
Trustee(s):
Rosendo Gonzalez (TR) Represented By Paul R Shankman
Brian Barouir Yeretzian Michael J. Weiland
2:00 PM
Adv#: 2:18-01005 Burke et al v. Khan et al
fr 4-3-18
Docket 350
At a hearing on April 5, 2018, the Court dismissed the Chapter 7 bankruptcy cases filed by debtors Terrance Alexander Tomkow and Zafar David Khan (Bankr. Case Nos. 2:13-bk-19712-WB and 2:13-bk-19713-WB). Accordingly, the related adversary proceedings (Adv. Case Nos. 2:18-
ap-01005-WB and 2:18-ap-01006-WB) are also DISMISSED. Therefore, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Zafar David Khan Represented By Lewis R Landau
Defendant(s):
Zafar David Khan Represented By Lewis R Landau
Matthew C Mickelson
Terrance Alexander Tomkow Represented By Matthew C Mickelson
RPOST INTERNATIONAL Represented By Richard J Decker
RPOST COMMUNICATIONS Represented By Lewis R Landau Richard J Decker
2:00 PM
RMAIL LIMITED Represented By Lewis R Landau
Matthew C Mickelson
Juan Rojas Pro Se
MOMENTEX, INC. Represented By Lewis R Landau
Plaintiff(s):
George Martin Represented By
Scott E Shapiro Esq
Thomas Burke Represented By
Scott E Shapiro Esq
126736 CANADA, INC. Represented By
Scott E Shapiro Esq
Trustee(s):
Rosendo Gonzalez (TR) Represented By Paul R Shankman
Brian Barouir Yeretzian Michael J. Weiland
2:00 PM
Adv#: 2:18-01005 Burke et al v. Khan et al
fr 4-3-18
Docket 423
At a hearing on April 5, 2018, the Court dismissed the Chapter 7 bankruptcy cases filed by debtors Terrance Alexander Tomkow and Zafar David Khan (Bankr. Case Nos. 2:13-bk-19712-WB and 2:13-bk-19713-WB). Accordingly, the related adversary proceedings (Adv. Case Nos. 2:18-
ap-01005-WB and 2:18-ap-01006-WB) are also DISMISSED. Therefore, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Zafar David Khan Represented By Lewis R Landau
Defendant(s):
Zafar David Khan Represented By Lewis R Landau
Matthew C Mickelson
Terrance Alexander Tomkow Represented By Matthew C Mickelson
RPOST INTERNATIONAL Represented By Richard J Decker
RPOST COMMUNICATIONS Represented By Lewis R Landau Richard J Decker
2:00 PM
RMAIL LIMITED Represented By Lewis R Landau
Matthew C Mickelson
Juan Rojas Pro Se
MOMENTEX, INC. Represented By Lewis R Landau
Plaintiff(s):
George Martin Represented By
Scott E Shapiro Esq
Thomas Burke Represented By
Scott E Shapiro Esq
126736 CANADA, INC. Represented By
Scott E Shapiro Esq
Trustee(s):
Rosendo Gonzalez (TR) Represented By Paul R Shankman
Brian Barouir Yeretzian Michael J. Weiland
10:00 AM
fr. 2-15-17
Docket 54
Debtor should be prepared to explain why she failed to file a status report in advance of this scheduling and case management conference.
Debtor(s):
Alverna Stanley Represented By Phillip Myer
10:00 AM
Docket 7
No opposition having been filed, and good cause presented, the motion is GRANTED. Debtor's case is hereby dismissed, with a judgment for any outstanding U.S. Trustee quarterly fees, if applicable. Debtor shall lodge an appropriate order. Appearances waived.
Debtor(s):
Michelle Carter Represented By Kevin Tang
10:00 AM
Docket 14
This matter is taken OFF CALENDAR due to the dismissal of debtor's chapter 11 case. Appearances waived.
Debtor(s):
Michelle Carter Represented By Kevin Tang
10:00 AM
fr. 1-18-18
Docket 193
None.
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
Movant(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
Docket 105
No opposition was filed.
The debtor's omnibus objection to the scheduled claims of JH Portfolio Debt Equity ("the Scheduled JH Claims") is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The Court disallows the Scheduled JH Claims, as the creditor has failed to present sufficient evidence to show that the debtor owes these debts to creditor. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
Docket 103
None.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
Movant(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
fr. 9-7-17; 1-9-18, 1-18-18. 2-15-18; 3-1-18; 4-12-18
Docket 22
None.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
Docket 46
None.
Debtor(s):
Designed to Move, LLC Represented By
Dennis E McGoldrick
10:00 AM
fr. 4-12-18
Docket 11
None.
Debtor(s):
Designed to Move, LLC Represented By
Dennis E McGoldrick
10:00 AM
fr. 8-13-15; 9-24-15; 1-28-16, 5-26-16; 9-28-16
1-26-17, 5-25-17; 8-24-17, 12-14-17; 2-1-18; 3-29-18
Docket 1
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
Debtor's Attorney fr 3-29-18
Docket 193
Debtor's counsel is to explain why a declaration of debtor was not filed with the application. Further, the application seeks approval of fees and expenses incurred after the confirmation date. The plan provides for fee applications for fees incurred through confirmation. The Court will not rule on fees incurred post-confirmation. Those are payable by the debtor based upon an agreement between the debtor and counsel. Further, the Court will not approve fees included in the categories "Billable work" and "Other Miscellaneous". These do no comply with the requirements for fee applications. Counsel should be prepared to address these issues.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
Docket 191
No opposition having been filed, and good cause presented, the motion is GRANTED. Pursuant to Federal Rule of Bankruptcy Procedure 9019, the Court hereby approves the settlement agreement between Debtor, Debtor's wife, and creditor Jennifer O'Neill. Debtor shall lodge an appropriate order. Appearances waived.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
Docket 195
No opposition was filed.
The Court has reviewed the Third Interim Application for Payment of Fees of Leslie Cohen Law, PC. The Court GRANTS the Application and awards $57,373.00 in fees and $840.89 in costs. After deducting the amounts previously paid to counsel during the relevant period, the Applicant may receive payment of $33,213.89. The Court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
a Motion for Entry of Discharge, Final Decree, and Order Closing Debtor's Chapter 11 Case
Docket 120
No opposition having been filed, and good cause presented, the motion is GRANTED. Debtor shall lodge an appropriate order.
Appearances waived.
Debtor(s):
Yung Ok Lee Represented By
Robert K Lee
10:00 AM
Docket 30
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle J Lindsey
W. Sloan Youkstetter
10:00 AM
fr. 3-29-18
Docket 959
This matter is CONTINUED to June 7, 2018 at 10:00 a.m.
Appearances waived.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
2:00 PM
To FIle Motion To Avoid Lien Under 11 USC 522(f).
Docket 33
Please file and serve the Notice of Motion using mandatory form F
9013-1.1.HEARING.NOTICE in compliance with LBR 9013-1(c)(2) and provide a Judge's Copy to chambers. This matter is OFF CALENDAR. A new hearing date must be selected. Appearances waived.
Debtor(s):
Gerald Marquis Antoine Represented By Alon Darvish
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Alternative, Subordinating Such Claim Pursuant To Section 724(B) Of The Bankruptcy Code
Docket 155
None.
Debtor(s):
Marco Antonio Garcia Represented By
Levene Neale Bender Yoo & Brill LLP
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay Monica Y Kim
2:00 PM
fr. 3-29-18
Docket 28
None.
Debtor(s):
Hong Sik Park Represented By Christie Cronenweth
Joint Debtor(s):
Jong Hee Park Represented By Christie Cronenweth
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
fr. 3-30-17, 5-25-17, 8-3-17; 8-24-17; 10-12-17; 11-16-17; 1-11-18
3-29-18
Docket 0
None.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
10:00 AM
fr. 12-14-17; 5-17-18
Docket 15
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
fr. 2-15-18; 3-1-17; 4-12-18
Docket 101
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
10:00 AM
Docket 143
None.
Debtor(s):
Aurora Bartola Gutierrez Represented By
Anthony Obehi Egbase Crystle J Lindsey Kevin Tang
Edith Walters Robert Rosvall
W. Sloan Youkstetter
10:00 AM
Docket 0
This matter is CONTINUED to June 28, 2018 at 10:00 a.m. to be heard concurrently with the hearing on the Objection to Claim No. 4.
Appearances waived.
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
Docket 391
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 392
No opposition was filed.
The Court has reviewed the Application for Payment of Fees of Joseph Rodrigues. The Court GRANTS the Application and awards $1,284.95 in fees, the unpaid balance of which is to be paid by the debtor. Applicant did not request any costs in this Application. The Court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Applicant is to lodge an appropriate order.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
fr. 3-8-18; 4-12-18
Docket 162
Pursuant to the parties' stipulation (Docket No. 306), this matter is CONTINUED to July 5, 2018 at 10:00 a.m. The Court will enter an order approving the stipulation. Appearances waived.
Tentative Ruling of 3/8/18:
The Court agrees that the claim objection process should be bifurcated into two phases, determination of independent contractor status and then the amount of the claim if necessary. The Court is concerned that the procedure is too open-ended. Discovery is to occur by 2004 exam first. Why? This is unusual. When will the claim objections be filed? How long will the 2004 exams take? Will that be all of the discovery required for the claim process? It seems like this is an inefficient method of moving the claims forward. There is no discovery cut off in this process and therefore, no control over the timing. Further, the Court wonders why the objection process is so long.
Why isn't the Debtor filing the opening brief with evidence and declarations with the claim objection? Why do we need a presumably bare bones objection, a 30-day wait for a hearing and then a date two weeks later for briefing to start? Direct testimony by declaration with cross and redirect in court is common. Why is this an issue?
Debtor(s):
RPM Harbor Services, Inc. Represented By
10:00 AM
Movant(s):
Vanessa M Haberbush Lane K Bogard
David R Haberbush
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
FR. 3-7-18; 3-12-18; 4-12-18
Docket 241
Pursuant to the parties' stipulation (Docket No. 306), this matter is CONTINUED to July 5, 2018 at 10:00 a.m. The Court will enter an order approving the stipulation. Appearances waived.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 293
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 294
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 295
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 298
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
fr. 7-13-17; 9-7-17; 1-11-18, 3-8-18; 4-12-18
Docket 1
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 12
None.
Debtor(s):
Johnnie Fields Represented By Leslie Richards
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 17
None.
Debtor(s):
Rina Isabel Gomez Represented By Kevin Tang
Trustee(s):
Nancy K Curry (TR) Pro Se
11:00 AM
Docket 321
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
11:00 AM
fr. 11-16-17,12-7-17; 2-15-18; 3-5-18; 4-9-18
Docket 211
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
11:00 AM
Telephonic Hearing
fr. 5-4-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17
fr 2-15-18; 3-5-18; 4-9-18
Docket 54
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
11:00 AM
Docket 340
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
11:00 AM
Docket 337
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
11:00 AM
West Edge Halo, Inc. and Brentwood Financial, LLC fr 2-15-18; 3-5-18; 4-9-18
Docket 291
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
11:00 AM
FR 12-14-17; 2-1-18; 2-15-18; 3-5-18; 4-9-18
Docket 210
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
Movant(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
11:00 AM
Docket 339
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
11:00 AM
Docket 341
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
11:00 AM
fr. 10/5/17, 11-16-17; 12-7-17; 2-15-18; 3-5-18; 4-9-18
Docket 148
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
Movant(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
11:00 AM
Docket 289
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
11:00 AM
Docket 290
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
11:00 AM
Docket 320
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
11:00 AM
fr 6-8-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17; 2-15-18
3-5-18; 4-9-18
Docket 101
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
VS DEBTOR
Docket 16
The motion is DENIED without prejudice due to improper service.
Local Bankruptcy Rule 4001-1(c)(1)(C) requires the moving party on a motion for relief from the automatic stay to serve the motion on the debtor and the debtor's attorney, among other parties. Here, Movant served the debtors' counsel, but Movant failed to serve the motion on the debtors at the correct address for service listed on the docket in this case. Accordingly, service is improper.
Debtor(s):
Movant shall lodge an appropriate order.
Francis Xavier M. Garcia Represented By
James Geoffrey Beirne
Joint Debtor(s):
Therese Marie Castro Garcia Represented By
James Geoffrey Beirne
Movant(s):
Rogelio Andrade Represented By Alfred O Anyia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
R2 LOFTS, LP VS
DEBTOR
Docket 15
- NONE LISTED -
Debtor(s):
Allyssa Holder Pro Se
Movant(s):
R2 Lofts, LP. Represented By
Kevin A Harris
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WESTLAKE FINANCIAL SERVICES VS
DEBTOR fr 4-10-18
Docket 30
Debtor(s):
Maria Johnston Represented By Mariano A Alvarez
Movant(s):
Westlake Financial Services Represented By Jamie D Hanawalt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
ALLY FINANCIAL INC VS
DEBTOR
Adam N Barasch to appear by telephone Michael F Chekian to appear by telephone
Docket 66
None.
Debtor(s):
Tomi Corinne Stewart Represented By Michael F Chekian
Movant(s):
Ally Financial Inc. Represented By Adam N Barasch
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NISSAN-INFINITI LT VS
DEBTOR
Docket 81
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of the debtors' 2015 Infiniti QX70. The debtors have failed to pay 6 post-petition payments. Also, the debtors' lease expired on January 28, 2018, and there is no evidence that the debtors either returned the vehicle to Movant or exercised their option to purchase the vehicle. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Byron H. Knight Represented By
10:00 AM
Steven B Lever
Joint Debtor(s):
Lakesha M. Knight Represented By Steven B Lever
Movant(s):
NISSAN-INFINITI LT. Represented By
Michael D Vanlochem
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MONARCH GRAND VACATION OWNERS ASSOCIATION
VS DEBTOR
Docket 37
The debtor filed a notice of non-opposition to the motion on April 25, 2018. Accordingly, the Court grants Movant's requested relief as provided below.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's timeshare interest. The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the security agreement pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Eduardo Reyes Represented By Barry E Borowitz
Movant(s):
Monarch Grand Vacations Owners Represented By
Thomas R Mulally
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr. 6-6-17; 8-29-17; 10-31-17; 12-12-17, 1-16-18,
3-6-18; 4-10-18
Gilbert R Yabes to appear by telephone
Docket 91
None.
Debtor(s):
J. Craig Fostrey Represented By Tamar Terzian
Movant(s):
U.S. Bank National Association, as Represented By
Joseph C Delmotte John Chandler
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
PINGORA LOAN SERVICING, LLC VS
DEBTOR fr 4-10-18
Alexander G. Meissner to appear by telephone
APO lodged on : 5/15/2018
Docket 51
None.
Debtor(s):
Richard Preciado Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Alma Jezabel Preciado Represented By Michael E Clark Barry E Borowitz
Movant(s):
Pingora Loan Servicing, LLC Represented By Kristi M Wells Nancy L Lee
10:00 AM
Trustee(s):
Jonathan J Damen Jason C Kolbe Diana Torres-Brito
Alexander G Meissner
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
THE BANK OF NEW YORK MELLON VS
DEBTOR fr. 4-10-18
Erin M McCartney to appear by telephone Stipulation for adequate protection filed 5/7/18
Docket 39
Debtor(s):
Betsy Yun-Yuan Wang Represented By Paul Horn
Movant(s):
The Bank Of New York Mellon FKA Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CAM XIV TRUST, ITS SUCCESSORS AND/OR ASSIGNEES VS
DEBTOR
fr. 3-27-17; 4-10-18
Docket 35
On May 8, 2018, the parties filed a stipulation to resolve this matter.
The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Lisa Marie Battiest Represented By William G Cort
Movant(s):
CAM XIV TRUST, its successors Represented By
Reilly D Wilkinson
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
fr. 1-9-18, 3-6-18
Giovanni Orantes to appear by telephone Cassandra Richey to appear by telephone
Docket 32
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
Movant(s):
Wells Fargo Bank, N.A. Represented By Darlene C Vigil Brandye N Foreman
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR fr. 4-10-18
Cassandra Richey to appear by telephone
Docket 16
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle J Lindsey
W. Sloan Youkstetter
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Gilbert R Yabes to appear by telephone
Docket 35
None.
Debtor(s):
Desmond Paul McLean Represented By Jeffrey J Hagen
Movant(s):
U.S. Bank National Association, as Represented By
Joseph C Delmotte Bryan S Fairman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
PENNYMAC HOLDINGS, LLC VS
DEBTOR
Gilbert R Yabes to appear by telephone
Docket 28
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
According to the evidence, movant has a claim in the amount of
$945,528.89 secured by a lien on the subject property. The Court is unable to make a finding establishing the value of the property because movant has not provided an authenticated valuation of the property. There is no evidence that the debtor has made or tendered any payments to movant since the petition date. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1). Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving multiple bankruptcy filings affecting the subject real property. 11
10:00 AM
U.S.C. § 362(d)(4).
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Gary N Newtwon Living Trust Represented By Raymond Perez
10:00 AM
Movant(s):
PENNYMAC HOLDINGS, LLC Represented By
Joseph C Delmotte
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Cassandra Richey to appear by telephone
Docket 37
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtors' residence. The debtors have failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Stephen Jenell Vincent Represented By Raymond Perez
10:00 AM
Joint Debtor(s):
Michele Wesley Vincent Represented By Raymond Perez
Movant(s):
U.S. Bank National Association Represented By Darlene C Vigil Megan Porter Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Cassandra Richey to appear by telephone
Docket 26
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Edward L Franco Represented By Raymond Perez
10:00 AM
Movant(s):
Nationstar Mortgage LLC Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
KYRIE S REICHMAN AND MEGAN BARNES REICHMAN
VS DEBTOR
Andrew J Miller to appear by telephone
Docket 42
- NONE LISTED -
Debtor(s):
Sergio Moreno Morales Represented By
Leroy Bishop Austin Anthony Obehi Egbase
W. Sloan Youkstetter
Movant(s):
Kyrie S. Reichman and Megan Represented By Thomas S Engel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR
Docket 14
Debtor's case was dismissed on March 30, 2018; however, because movant has requested in rem relief, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case
10:00 AM
under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Mei C Shen Pro Se
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
LALM ENTERPRISES, LLC VS
DEBTOR
Docket 9
Debtor's case was dismissed on April 16, 2018; however, because movant has requested in rem relief, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings
10:00 AM
LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
Movant has also requested relief from the § 1301(a) codebtor stay.
However, Movant served the motion on only a few of the codebtors, namely, certain transferees listed on the grant deed. Accordingly, Movant’s request for relief from the codebtor stay is granted only as to those transferees that Movant served: Carlos Errera and RPR Holdings and Liquidations, LLC. Movant's request is denied as to all other transferees.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Kyung H Min Pro Se
Movant(s):
LALM Enterprises, LLC, a Represented By Edward T Weber
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
BAYVIEW LOAN SERVICING VS
DEBTOR
fr. 12-5-17; 2-27-18
Rika M Kido to appear by telephone
Docket 161
Debtor(s):
George G Washington Represented By Julie J Villalobos Alan W Forsley
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Sam S Leslie (TR) Represented By Leonard M Shulman Rika Kido
10:00 AM
BAYVIEW LOAN SEVICING, LLC VS
DEBTOR
Stipulation to continue hearing filed 5/1/18
Docket 211
Pursuant to the parties' stipulation filed on May 1, 2018 at Docket No. 216, this matter is CONTINUED to June 26, 2018 at 10:00 a.m. The Court will enter an order approving the stipulation. Appearances waived.
Debtor(s):
George G Washington Represented By Julie J Villalobos Alan W Forsley
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Sam S Leslie (TR) Represented By Leonard M Shulman Rika Kido
10:00 AM
PIONEER INVESTMENT, INC VS
DEBTOR
Docket 49
The motion is DENIED without prejudice due to improper service. In Chapter 11 cases, motions for relief from the automatic stay must be served on the official committee of unsecured creditors or, if no such committee has been appointed, on the debtor's 20 largest unsecured creditors. Fed. R. Bankr. P. 4001(a)(1). Here, no committee of unsecured creditors has been appointed in Debtor's case. However, Movant was still required to serve Debtor's 20 largest unsecured creditors with a copy of the motion.
Accordingly, service is improper.
Debtor(s):
Designed to Move, LLC Represented By
Dennis E McGoldrick
Movant(s):
Pioneer Investment, Inc. Represented By Ann G. Lee
10:00 AM
Telephonic Hearing
DAIMLER TRUST VS
DEBTOR
Randall Mroczynski to appear by telephone
Docket 70
On May 1, 2018, Debtor filed a notice of non-opposition to the motion, stating that it voluntarily surrendered the subject vehicle to Movant in March 2018. Accordingly, the Court grants Movant's requested relief as provided below.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of the debtor's 2015 Mercedes-Benz C300W. The debtor has not provided movant with proof of insurance on the vehicle. This is "cause" to terminate the stay under 11
U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
Movant(s):
Daimler Trust Represented By
Randall P Mroczynski
10:00 AM
MAMMOTH INVESTORS VS
DEBTOR
Docket 23
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit the debtor, its successors, transferees and assigns, to proceed with 26 Malibu, LLC v. 126 Valencia, LLC, which is a lawsuit currently pending against the debtor in a nonbankruptcy forum. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue).
Here, the Court finds cause to permit the pending litigation to be concluded in a non-bankruptcy forum. Debtor may proceed in the non- bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or estate property, except for filing of a Proof of Claim and/or timely bringing a non-dischargeability adversary proceeding.
10:00 AM
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
This order shall be binding and effective despite any conversion of the bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
Debtor(s):
Debtor shall upload an appropriate order via the Court’s LOU system.
4402 Mammoth Investors, LLC Represented By Mark T Young
Movant(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
10:00 AM
Telephonic Hearing
FREDY POVEDA VS
DEBTOR
Giovanni Orantes to appear by telephone
Docket 35
On May 1, 2018, Debtor filed a notice of non-opposition to the motion, stating that he does not object to Movant's requested relief. Accordingly, the Court grants the requested relief as provided below.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed with Poveda v. LaRochelle, which is a workers compensation action currently pending against the debtor in a nonbankruptcy forum. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue).
10:00 AM
Here, the Court finds cause to permit the pending workers
compensation action to be concluded in a non-bankruptcy forum. Movant may proceed against insurance and/or third parties in the non-bankruptcy forum to final judgment (including any appeals) in accordance with applicable non- bankruptcy law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or estate property, except for filing of a Proof of Claim and/or timely bringing a non- dischargeability adversary proceeding.
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
This order shall be binding and effective despite any conversion of the bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Thomas Paul LaRochelle Represented By Giovanni Orantes Luis A Solorzano
Movant(s):
Fredy J Poveda Represented By Dennis Fusi
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 11
None.
Debtor(s):
Daniel Monterroso Hernandez Represented By Nicholas M Wajda
Movant(s):
Daniel Monterroso Hernandez Represented By Nicholas M Wajda Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01059 Sheppard v. Galadzhyan et al
determine the extend and validity of lien on real property
cancellation of deed; and
declaratory relief
Docket 1
None.
Debtor(s):
Shawn Dean Sheppard Represented By Donald E Iwuchuku
Defendant(s):
Akop Galadzhyan Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Shawn Sheppard Represented By Donald E Iwuchuku
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01077 Hoats v. Briceno et al
Breach of Contract
Common Counts
Quantum Meruit
Turnover
Validity and extent of Attorney Liens [FRBP 7001(2)]
Obtaining approval for the sale of property in which
he estate and co-owner have an interest [FRBP 7001(3)]
Docket 1
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Defendant(s):
Maria Felix Briceno Pro Se
Gabriel Briceno Pro Se
Plaintiff(s):
Joseph M Hoats Represented By Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01078 Hoats v. Briceno
Docket 1
None.
Tentative Ruling of 5/1/18:
The parties should be prepared to explain why they should not be sanctioned pursuant to Local Bankruptcy Rule 7016-1(a) for failing to file a status report in advance of the status conference.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Defendant(s):
Maria Felix Briceno Pro Se
Plaintiff(s):
Joseph M Hoats Represented By Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01046 Ridley v. Walton
Docket 0
This matter is CONTINUED to June 5, 2018 at 2:00 p.m.
Appearances waived.
Debtor(s):
Paula Louise Walton Represented By
Richard L. Sturdevant
Defendant(s):
Paula Louise Walton Represented By
Richard L. Sturdevant
Plaintiff(s):
Alan Ridley Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01046 Ridley v. Walton
fr. 4-17-18
Docket 1
This matter is CONTINUED to June 5, 2018 at 2:00 p.m.
Appearances waived.
Debtor(s):
Paula Louise Walton Represented By
Richard L. Sturdevant
Defendant(s):
Paula Louise Walton Pro Se
Plaintiff(s):
Alan Ridley Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01548
Mastan v. Biasiolo et al
Telephonic Hearing
fr. 1-30-18, 3-6-18
Jack A Reitman to appear by telephone
Docket 1
None.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Pierluigi Biasiolo Pro Se
Renergy Alliance Corporation, a Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
Adv#: 2:17-01272 Leonardi v. O'Neill
avoid lien
avoid preferential transfer
avoid fraudulent transfer
disallow claim
in the alternative determine validity, extent and priority of lien and;
for injunctive equitable and declaratory relief relating thereto
fr. 7-11-17; 11-28-17; 1-16-18; 2-13-18; 4-3-18; 5-1-18
Docket 1
The court approved the parties settlement at a hearing on May 3, 2018. Accordingly, this pretrial conference is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
Defendant(s):
Jennifer O'Neill Pro Se
2:00 PM
Plaintiff(s):
Cedric Leonardi Represented By Leslie A Cohen
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr 1-31-18; 3-28-18
Docket 109
- NONE LISTED -
Debtor(s):
James Cardenas Represented By Charles Shamash Joseph Caceres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-20-17; 11-15-17; 12-13-17; 2-28-18
Docket 84
- NONE LISTED -
Debtor(s):
Jesus Balbido Maquindang Represented By Maria C Hehr
Joint Debtor(s):
Porferia Bacat Maquindang Represented By Maria C Hehr
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18; 4-18-18
Docket 67
- NONE LISTED -
Debtor(s):
Betsaida Sanchez-Young Represented By Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18
Docket 26
- NONE LISTED -
Debtor(s):
Abraham Christopher Silva Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18
Docket 28
- NONE LISTED -
Debtor(s):
Antonio Vaca Represented By Tyson Takeuchi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 3-7-18
Docket 65
- NONE LISTED -
Debtor(s):
Lynette Marie Baker Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 3-7-18
Docket 71
- NONE LISTED -
Debtor(s):
Anthony Eugene Walker Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18
Docket 86
- NONE LISTED -
Debtor(s):
Daniel Rivera Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 3-7-18
Docket 57
- NONE LISTED -
Debtor(s):
Jennifer Penalber Represented By Danelle Lloyd
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17, 1-10-18, 3-7-18
Docket 39
- NONE LISTED -
Debtor(s):
Garcia Amelia Represented By Michael V Jehdian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17, 1-10-18, 3-7-18
Docket 39
- NONE LISTED -
Debtor(s):
Tomacka Thrasher Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 6-28-17, 8-2-17; 8-23-17; 9-6-17; 9-20-17
11-15-17, 1-10-18, 3-7-18
Docket 34
- NONE LISTED -
Debtor(s):
Reid Jeffrey Osherow Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 7-5-17; 9-6-17; 11-15-17, 1-10-18, 3-7-18
Docket 32
- NONE LISTED -
Debtor(s):
Gloria Martinez Represented By William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18
Docket 38
- NONE LISTED -
Debtor(s):
Guilmar Alfredo Ruano Represented By Brian J Soo-Hoo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 3-7-18
Docket 58
- NONE LISTED -
Debtor(s):
Jesus Limon Represented By
Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 57
- NONE LISTED -
Debtor(s):
Kevork N Ashkharian Represented By
David I Brownstein Joshua L Sternberg
Joint Debtor(s):
Sonia F Ashkharian Represented By
David I Brownstein Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 58
- NONE LISTED -
Debtor(s):
Anthony Estrada Represented By Barry E Borowitz Heather J Canning
Joint Debtor(s):
Linda Ann Estrada Represented By Shannon A Doyle Barry E Borowitz Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 126
- NONE LISTED -
Debtor(s):
Jose Reynaldo Aquino Represented By Christopher J Lauria
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
Docket 102
- NONE LISTED -
Debtor(s):
Saul Quirarte Represented By
Luis G Torres
Joint Debtor(s):
Guadalupe Z Quirarte Represented By Juanita V Miller Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
- NONE LISTED -
Debtor(s):
Lloyd M Roberson Represented By Christie Cronenweth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 47
- NONE LISTED -
Debtor(s):
Nicholas Paul Richards Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 22
- NONE LISTED -
Debtor(s):
Sandra L. Lee Represented By
Steven B Lever
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 64
- NONE LISTED -
Debtor(s):
Lota Lozleta Hadley Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 39
- NONE LISTED -
Debtor(s):
Alec Anthony Bauer Represented By Phillip Myer
Joint Debtor(s):
Angelica Bauer Represented By Phillip Myer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 31
- NONE LISTED -
Debtor(s):
Devin Smith Represented By
Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 21
- NONE LISTED -
Debtor(s):
Raul Enrique Carranza Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 46
The motion is GRANTED. Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
Appearances waived.
Debtor(s):
Ronald Vasquez Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-1-17; 12-13-17; 2-28-18; 3-28-18
Docket 165
None.
Debtor(s):
Ca-Trece Roxanne Mas'sey Represented By Steven L Bryson
Movant(s):
Steven L. Bryson Represented By Steven L Bryson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 104
- NONE LISTED -
Debtor(s):
Richard Pacheco Represented By Vernon R Yancy
Joint Debtor(s):
Elva Bernice Pachero Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
- NONE LISTED -
Debtor(s):
Carolyn E. Frazee Represented By Steven B Lever
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
- NONE LISTED -
Debtor(s):
Teresita Requillas Orcini Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 39
- NONE LISTED -
Debtor(s):
Antonio Estrada Represented By Raymond Perez
Joint Debtor(s):
Eva Angelica Estrada Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18
Docket 38
- NONE LISTED -
Debtor(s):
Antonio Estrada Represented By Raymond Perez
Joint Debtor(s):
Eva Angelica Estrada Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 82
No opposition having been filed, and good cause presented, the motion is GRANTED. The order dismissing the debtors' bankruptcy case entered by the court on April 2, 2018 is vacated. The automatic stay is reinstated as of the entry of the order granting the motion. Any actions taken by any creditors of the estate between the April 2, 2018 entry of the order dismissing this chapter 13 case and the date of entry of this order shall not be affected by reinstatement of this bankruptcy case. This language must be included in the order. Pursuant to LBR 9021-1(b)(1)(B), debtors must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Jorge Alberto Rosa Jr. Represented By Steven A Alpert
Joint Debtor(s):
Heather Nicole Rosa Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 36
No opposition having been filed, and good cause presented, the motion is GRANTED. The order dismissing the debtor's bankruptcy case entered by the court on March 26, 2018 is vacated. The automatic stay is reinstated as of the entry of the order granting the motion. Any actions taken by any creditors of the estate between the March 26, 2018 entry of the order dismissing this chapter 13 case and the date of entry of this order shall not be affected by reinstatement of this bankruptcy case. This language must be included in the order. Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Ricardo Arredondo Represented By Ruben Fuentes
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
None.
Debtor(s):
Rafael Felix Viscarra Represented By A Mina Tran
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 40
The court issued an Order to Show Cause why the court should not convert or dismiss debtor Michelle Grace Lopez’s case for failure to prosecute the case. Debtor has not filed a response and has not satisfied the court’s concern.
Accordingly, debtor Michelle Grace Lopez’s case is dismissed.
Debtor(s):
Salvador Frank Lopez Represented By
Jeffrey S Hoffman -SUSPENDED BK -
Joint Debtor(s):
Michelle Grace Lopez Represented By
Jeffrey S Hoffman -SUSPENDED BK -
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
SANTANDER CONSUMER USA INC. VS
DEBTOR
fr. 3-27-18; 5-1-18
Docket 39
None.
Debtor(s):
Sonja Ashby Kingsley Pro Se
Movant(s):
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
Trustee(s):
Sam S Leslie (TR) Pro Se
1:30 PM
Docket 50
None.
Debtor(s):
Sonja Ashby Kingsley Pro Se
Movant(s):
Sonja Ashby Kingsley Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
1:30 PM
Docket 56
None.
Debtor(s):
Sonja Ashby Kingsley Pro Se
Movant(s):
Sonja Ashby Kingsley Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
1:30 PM
Docket 19
No opposition having been filed, and good cause presented, the motion is GRANTED. Debtors must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Willie Felton Wilson Jr. Represented By Alla Tenina
Joint Debtor(s):
Armentha Arlene Wilson Represented By Alla Tenina
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
11 USC Section 1328(g)(1) and Authorizing Debtor's Next Friend to Appear at the meeting of Creditors
Docket 21
No opposition having been filed, and good cause presented, the motion is GRANTED. Debtors must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Willie Felton Wilson Jr. Represented By Alla Tenina
Joint Debtor(s):
Armentha Arlene Wilson Represented By Alla Tenina
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
None.
Debtor(s):
Marvell Lenox Tell Jr. Represented By Roseann Frazee
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Real Time Resolution
Stipulation to continue hearing filed 5/7/18
Docket 39
Pursuant to the parties' stipulation filed on May 7, 2018 at Docket No. 57, this matter is CONTINUED to June 27, 2018 at 1:30 p.m. The Court will enter an order approving the stipulation. Appearances waived.
Debtor(s):
Marvell Lenox Tell Jr. Represented By Roseann Frazee
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 38
None.
Debtor(s):
Keith Berglund Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18; 4-11-18
Docket 34
- NONE LISTED -
Debtor(s):
Keith Berglund Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-11-18
Docket 44
None.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Movant(s):
Mario G. Cardona Represented By Jaenam J Coe
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 15
None.
Debtor(s):
Jeanne R Leonard Represented By Anthony P Cara
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 27
- NONE LISTED -
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Movant(s):
Joseph Hoats Represented By
Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
None.
Final Ruling:
This motion has been set for hearing on the notice required by LBR 4001(c)(1) and LBR 9013-1(d)(2). The failure of any party in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 90913-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further,
because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir.
2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Debtor seeks to value debtor’s residence at a fair market value of
$390,000 as of January 12, 2018. The subject property is encumbered by a first deed of trust lien held by Select Portfolio Servicing, Inc., securing a loan with a balance as of the petition date of approximately $480,721.23 and a second deed of trust held by Citimortgage, Inc., securing a loan with a balance as of the petition date of approximately $90,800.28. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339
U.S. 306, 314 (1950). No opposition was filed. Therefore, Citimortgage, Inc.’s claim secured by a junior deed of trust lien is completely under- collateralized.
1:30 PM
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan or the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan or upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Sergio Cayetano Montero Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
- NONE LISTED -
Debtor(s):
Sergio Cayetano Montero Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 18
No opposition was filed.
Debtor seek to value debtor's PERSONAL PROPERTY, a 201 Nissan Sentra, at a retail sale value of $9,450. The subject property is secured by an interest held by GM Financial, securing a loan with a balance as of the petition date of approximately $19,020.57. The valuation motion is supported by evidence as to the retail value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950).
Therefore, GM Financial’s claim is only partially secured by a deed of trust lien.
The debtor's motion is GRANTED. GM Financial’s claim will be allowed as a secured claim only in the amount of $9,450. 11 U.S.C. § 506(a). As a result, the chapter 13 plan must provide for full payment of the secured portion of the claim over the life of the plan and pay the unsecured portion of the lien with other unsecured claims. 11 U.S.C. §1325(a)(5)(B); see In re Enewally, 368 F.3d 1165, 1171-1172 (9th Cir. 2004), cert. den. 543 U.S.
1021, 125 S.Ct. 669 (2004). Appearances waived.
Pursuant to LBR 9021-1(b)(1)(B), debtor must serve and lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Luis Ramon Ramirez Represented By Heather J Canning Michael E Clark
1:30 PM
Joint Debtor(s):
Amanda Patricia Dominguez Represented By Heather J Canning Michael E Clark
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18; 4-11-18
Docket 50
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 66
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-11-18
Docket 58
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-11-18
Docket 57
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-11-18
Docket 55
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 93
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-11-18
Docket 56
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
Sonja Ashby Kingsley Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 143
Debtor(s):
Aurora Bartola Gutierrez Represented By
Anthony Obehi Egbase Crystle J Lindsey Kevin Tang
Edith Walters Robert Rosvall
W. Sloan Youkstetter
10:00 AM
fr. 12-14-17
Docket 15
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
RE: [32] Pro se Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation
Docket 32
Debtor(s):
Meinardo Garcia Cruz Represented By
Lisa F Collins-Williams
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
RE: [15] Pro se Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Cotton, Julian)
Docket 15
Debtor(s):
Jose C Aguirre Jr Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
RE: [18] Pro se Reaffirmation Agreement Between Debtor and Hyundai Motor Finance
Docket 18
Debtor(s):
Jose C Aguirre Jr Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
RE: [11] Pro se Reaffirmation Agreement Between Debtor and Kia Motors Finance
Docket 11
Debtor(s):
Jose Angel Murillo-Castro Pro Se
Joint Debtor(s):
Jessica Villanueva Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
RE: [17] Reaffirmation Agreement Between Debtor and OneMain Financial Services, Inc.
Docket 17
Debtor(s):
Alex Florendo San Antonio Represented By Gary S Saunders
Joint Debtor(s):
Liza Mendez San Antonio Represented By Gary S Saunders
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
RE: [20] Pro se Reaffirmation Agreement Between Debtor and BMW Financial Services NA, LLC
Docket 20
Debtor(s):
Richard Barry Kalter Represented By Louis J Esbin
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
RE: [17] Pro se Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of Capital One, N.A.
Docket 17
Debtor(s):
Richard Barry Kalter Represented By Louis J Esbin
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
RE: [36] Pro se Reaffirmation Agreement Between Debtor and APOLLO AUTO FINANCE (Frounjian, Vincent)
Docket 36
Debtor(s):
Douglas Lawrance DeCoster Represented By Charles J Brash
Joint Debtor(s):
Elsa Diane DeCoster Represented By Charles J Brash
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
RE: [8] Pro se Reaffirmation Agreement Between Debtor and VW Credit Inc (Cotton, Julian)
Docket 8
Debtor(s):
Shana Lynn Yao Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
RE: [11] Pro se Reaffirmation Agreement Between Debtor and OneMain
Docket 11
Debtor(s):
Joseph Aurelio Duran Represented By Michael E Clark
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
RE: [15] Pro se Reaffirmation Agreement Between Debtor and Daimler Trust
Docket 15
Debtor(s):
Najaf Nick Badirov Represented By Elena Steers
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
RE: [11] Reaffirmation Agreement Between Debtor and Dona Roberto Jewelers Inc
Docket 11
Debtor(s):
Rene Rodriguez Represented By Lauren M Foley
Joint Debtor(s):
Araceli Ortega Represented By Lauren M Foley
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
RE: [10] Pro se Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union
Docket 10
Debtor(s):
Victor Miguel Fajardo Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
RE: [11] Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Cotton, Julian)
Docket 11
Debtor(s):
Karla B Cruz Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
RE: [14] Pro se Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of CapitalOne, N.A.
Docket 14
Debtor(s):
Roberto Sanchez Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
RE: [13] Pro se Reaffirmation Agreement Between Debtor and OneMain Financial Services
Docket 13
Debtor(s):
Christina Marie Uzeta Represented By Heather J Canning
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
RE: [8] Reaffirmation Agreement Between Debtor and State Farm Bank, FSB C/O Twenty-One Eighty-Five, L.L.C.
Docket 8
Debtor(s):
Jackeline Rocha Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
RE: [11] Reaffirmation Agreement Between Debtor and American Honda Finance Corporation
Docket 11
Debtor(s):
Jackeline Rocha Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
RE: [14] Pro se Reaffirmation Agreement Between Debtor and Ally Bank
Docket 14
Debtor(s):
Jorge Mario Duarte Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
RE: [9] Reaffirmation Agreement Between Debtor and Wells Fargo Dealer Services
Docket 9
Debtor(s):
Elizabeth Elena Macias Represented By Michael E Clark
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
RE: [11] Reaffirmation Agreement Between Debtor and American Honda Finance Corporation
Docket 11
Debtor(s):
Jorge Leonel Sanchez Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
RE: [8] Pro se Reaffirmation Agreement Between Debtor and Snap-on Credit LLC (Lee, Jeanine)
Docket 8
Debtor(s):
Jorge Leonel Sanchez Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
RE: [14] Pro se Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC (2015 Ford Edge)
Docket 14
Debtor(s):
Katia M Pena Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
RE: [13] Pro se Reaffirmation Agreement Between Debtor and Consumer Portfolio Services
Docket 13
Debtor(s):
Thelma Taleana Lee Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
RE: [9] Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Cotton, Julian)
Docket 9
Debtor(s):
Martha Perez Sanchez Represented By Omar Zambrano
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
RE: [10] Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Cotton, Julian)
Docket 10
Debtor(s):
Chandra Lee Ann David Represented By Julie J Villalobos
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
RE: [9] Reaffirmation Agreement Between Debtor and Wells Fargo Bank, N.A.
Docket 9
Debtor(s):
Chandra Lee Ann David Represented By Julie J Villalobos
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
RE: [10] Pro se Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Cotton, Julian)
Docket 10
Debtor(s):
Ana M Lemus Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
RE: [10] Pro se Reaffirmation Agreement Between Debtor and Ally Bank
Docket 10
Debtor(s):
Arnulfo R Berlin Represented By
Hale Andrew Antico
Joint Debtor(s):
Maria Del Carmen Berlin Represented By
Hale Andrew Antico
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
RE: [10] Pro se Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc.
Docket 10
Debtor(s):
Dean Edward Simons Represented By Bert Briones
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
RE: [9] Pro se Reaffirmation Agreement Between Debtor and Repossess Auto Sales
Docket 9
Debtor(s):
Ben Ian Bonilla Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
RE: [15] Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Cotton, Julian)
Docket 15
Debtor(s):
Erika Acuna Marasigan Represented By Yelena Gurevich
Joint Debtor(s):
Rolando Aguila Marasigan Represented By Yelena Gurevich
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
RE: [13] Pro se Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of Capital One, N.A.
Docket 13
Debtor(s):
Erika Acuna Marasigan Represented By Yelena Gurevich
Joint Debtor(s):
Rolando Aguila Marasigan Represented By Yelena Gurevich
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
RE: [11] Reaffirmation Agreement Between Debtor and Ally Financial
Docket 11
Debtor(s):
Laura E. Gonzalez Represented By Beatriz Chen
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
RE: [10] Pro se Reaffirmation Agreement Between Debtor and Kia Motors Finance
Docket 10
Debtor(s):
Sonia E Parada Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
RE: [9] Reaffirmation Agreement Between Debtor and Hyundai Motor Finance
Docket 9
Debtor(s):
William Ashby Represented By Julie J Villalobos
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
RE: [8] Pro se Reaffirmation Agreement Between Debtor and LBS Financial Credit Union
Docket 8
Debtor(s):
Christy Chi Nguyen Collins Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
RE: [16] Reaffirmation Agreement Between Debtor and Ten Minute Title Loans Holdings, LLC
Docket 16
Debtor(s):
Larry Paul Lewis Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
RE: [8] Pro se Reaffirmation Agreement Between Debtor and ONEMAIN
Docket 8
Debtor(s):
Yvonne Alvarez Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
RE: [28] Pro se Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Cotton, Julian)
Docket 28
Debtor(s):
Pedro Gamboa Banuelos Represented By Christopher J Lauria
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
RE: [10] Reaffirmation Agreement Between Debtor and Ally Financial
Docket 10
Debtor(s):
Luisa Delgado Represented By Nicholas W Gebelt
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
RE: [10] Pro se Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC (2017 Ford Mustang)
Docket 10
Debtor(s):
Sandra Infante Lira Represented By Omar Zambrano
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
RE: [12] Pro se Reaffirmation Agreement Between Debtor and CALIFORNIA CREDIT UNION
Docket 12
Debtor(s):
Hector Antonio Lopez Represented By
Raj T Wadhwani
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK VS
DEBTOR fr. 4-17-18
Stipulation for adequate protection filed 5/8/18
Docket 68
On May 8, 2018, the parties filed a stipulation to resolve this matter.
The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Gina Maria Dapremont Represented By Devin Sawdayi
Movant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Jamie D Hanawalt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Docket 26
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2015 Lexus IS250. The lease matured on April 6, 2018. Movant regained possession of the vehicle on March 20, 2018. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Marie-France Carolina Rallion Represented By
D Justin Harelik
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK, N.A. VS
DEBTOR
Docket 27
None.
Debtor(s):
Devon Anthony Mendes Represented By Barry E Borowitz
Movant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Jamie D Hanawalt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SANTANDER CONSUMER USA INC VS
DEBTOR
Docket 33
None.
Debtor(s):
Giovanna Norma Lilley Represented By Heather J Canning Barry E Borowitz
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Docket 30
None.
Debtor(s):
Alejandro Caro Represented By Sanaz S Bereliani
Joint Debtor(s):
Svetlana Caro Represented By Sanaz S Bereliani
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ALLY BANK VS DEBTOR
Docket 18
None.
Debtor(s):
Darren Searle Represented By William G Cort
Movant(s):
Ally Bank Represented By
Adam N Barasch
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR fr. 4-17-18
Docket 42
None.
Debtor(s):
Laszlo Nemeth Represented By
R Grace Rodriguez
Movant(s):
HSBC Bank USA, National Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr 12-5-17, 1-9-18, 3-6-18
Docket 62
None.
Debtor(s):
Vilma Reginaldo Sakha Represented By Brad Weil Arlene M Tokarz
Joint Debtor(s):
Sahat Manafpour Sakha Represented By Brad Weil Arlene M Tokarz
Movant(s):
U.S. Bank National Association, as Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
E*TRADE BANK VS
DEBTOR
Docket 53
On May 17, 2018, the parties filed a stipulation to resolve this matter.
The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Stefan Mark Higa Represented By Nicholas M Wajda
Joint Debtor(s):
Emy Okohira Represented By
Nicholas M Wajda
Movant(s):
E*Trade Bank Represented By Tyneia Merritt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 40
On May 16, 2018, the parties filed a stipulation to resolve this matter.
The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Alec Anthony Bauer Represented By Phillip Myer
Joint Debtor(s):
Angelica Bauer Represented By Phillip Myer
Movant(s):
U.S. Bank National Association, as Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, NATIONAL ASSOCIATION VS
DEBTOR
Docket 32
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Beatriz Raya Represented By
Nicholas M Wajda
10:00 AM
Movant(s):
Wells Fargo Bank, National Represented By Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 44
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Armando Ramos Jr. Represented By Scott Kosner
10:00 AM
Joint Debtor(s):
Yvette Ramos Represented By Scott Kosner
Movant(s):
WELLS FARGO BANK, N.A. Represented By Teosa L Peterson Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 41
- NONE LISTED -
Debtor(s):
Leon Massoth Represented By Axel H Richter
Movant(s):
U.S. Bank National Association, as Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 36
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. In this case, the Court did not receive a Judge's Copy of the motion and; thus, was unable to review the contents therein.
Accordingly, the Court takes this matter OFF CALENDAR. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion. Appearances waived.
Debtor(s):
Marcus Cameron Clark Represented By Devin Sawdayi
Movant(s):
Wells Fargo Bank, N.A. Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 24
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Wendell I. Ewing Represented By Steven B Lever
10:00 AM
Movant(s):
U.S. Bank National Association Represented By Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 26
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause
10:00 AM
shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Alfredo Espinoza Represented By Sanaz S Bereliani
Movant(s):
U.S. Bank National Association, as Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK VS
DEBTOR
Docket 21
None.
Debtor(s):
Alfredo Gonzalez Represented By Luis G Torres
Movant(s):
WELLS FARGO BANK, Represented By Angie M Marth
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELS FARGO BANK VS
DEBTOR
Docket 11
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause
10:00 AM
shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Donald Scott Pro Se
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HOMESTREET BANK VS
DEBTOR
Docket 8
Debtor's case was dismissed on May 7, 2018; however, because movant has requested in rem relief the court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case
10:00 AM
under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Leonel Arechiga Pro Se
Movant(s):
Homestreet Bank Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
LETICIA SANCHEZ VS
DEBTOR
Docket 42
The motion is DENIED without prejudice due to improper service.
Local Bankruptcy Rule 4001-1(c)(1)(C) requires the moving party on a motion for relief from the automatic stay to serve the motion on the debtor and the debtor's attorney, among other parties. Here, Movant served the debtor's counsel, but Movant failed to serve the motion on the debtor at the correct address for service listed on the docket in this case. Accordingly, service is improper.
Debtor(s):
Movant shall lodge an appropriate order.
Jose Blanco Represented By
Omatshola E Dafeta
Movant(s):
Leticia Sanchez Represented By Javier Garibay
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
362(c)(4)(A)(ii)
NEAL AND SALLY COHEN VS
DEBTOR
Docket 18
Debtor(s):
Samantha A Sanders Pro Se
Movant(s):
Neal Cohen and Sally Cohen, and Represented By
Julian K Bach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NISSAN-INFINITI LT VS
DEBTOR
Docket 28
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $14,950 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $20,687.52. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
The movant shall submit an appropriate order.
10:00 AM
Debtor(s):
Juliet Cira Revis Represented By Nicholas M Wajda
Movant(s):
NISSAN-INFINITI LT. Represented By
Michael D Vanlochem
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
HONDA LEASE TRUST VS
DEBTOR
Docket 10
None.
Debtor(s):
Andie V. Bonifacio Represented By Sam Benevento
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 26
- NONE LISTED -
Debtor(s):
Vigen Kachikean Pro Se
Movant(s):
Deutsche Bank National Trust Represented By Tyneia Merritt
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Adv#: 2:17-01378 Wolkowitz v. Eco Modular, Inc. et al
#1.00 Status Conference re Complaint for declaratory relief
fr. 10-3-17; 10-10-17; 11-14-17; 12-12-17, 1-9-18; 2-13-18; 3-27-18
Docket 1
None.
Debtor(s):
Marco Antonio Garcia Represented By
William H Brownstein
Levene Neale Bender Yoo & Brill LLP
Defendant(s):
Eco Modular, Inc. Pro Se
Jose Gomez Pro Se
Marco Antonio Garcia Pro Se
Plaintiff(s):
Edward M Wolkowitz Represented By Monica Y Kim
2:00 PM
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay Monica Y Kim
2:00 PM
Adv#: 2:17-01383 AFC CAL, LLC v. Dyson
fr. 10-10-17; 11-28-17; 4-10-18
Docket 1
None.
Debtor(s):
Devin R. Dyson Represented By Edgar C Johnson
Defendant(s):
Devin R. Dyson Pro Se
Joint Debtor(s):
Laura S. Dyson Represented By Edgar C Johnson
Plaintiff(s):
AFC CAL, LLC Represented By
Tom Roddy Normandin
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Telephonic Hearing
fr. 5-4-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17; 2-15-18;
3-5-18; 4-9-18; 5-14-18
Docket 54
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
fr. 10/5/17, 11-16-17; 12-7-17; 2-15-18; 3-5-18; 4-9-18
5-14-18
Docket 148
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
Movant(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
fr. 11-16-17,12-7-17; 2-15-18; 3-5-18; 4-9-18; 5-14-18
Docket 211
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
West Edge Halo, Inc. and Brentwood Financial, LLC fr 2-15-18; 3-5-18; 4-9-18; 5-14-18
Docket 291
On April 6, 2018, the parties filed a stipulation to withdraw this matter without prejudice. The Court will enter an order approving the stipulation.
Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
FR 12-14-17; 2-1-18; 2-15-18; 3-5-18; 4-9-18; 5-14-18
Docket 210
On April 6, 2018, the parties filed a stipulation to withdraw this matter without prejudice. The Court will enter an order approving the stipulation.
Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
Movant(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
10:00 AM
Docket 321
On April 6, 2018, the parties filed a stipulation to withdraw this matter without prejudice. The Court will enter an order approving the stipulation.
Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 289
On April 6, 2018, the parties filed a stipulation to withdraw this matter without prejudice. The Court will enter an order approving the stipulation.
Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 320
On April 6, 2018, the parties filed a stipulation to withdraw this matter without prejudice. The Court will enter an order approving the stipulation.
Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 290
On April 6, 2018, the parties filed a stipulation to withdraw this matter without prejudice. The Court will enter an order approving the stipulation.
Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 340
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 337
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 339
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 341
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
fr 6-8-17; 7-6-17; 9-7-17, 11-16-17; 12-7-17; 2-15-18
3-5-18; 4-9-18; 5-14-18
Docket 101
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes
9:30 AM
Docket 32
- NONE LISTED -
Debtor(s):
Meinardo Garcia Cruz Represented By
Lisa F Collins-Williams
Trustee(s):
Elissa Miller (TR) Pro Se
9:30 AM
Docket 18
- NONE LISTED -
Debtor(s):
Jose C Aguirre Jr Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Jose C Aguirre Jr Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Jose Angel Murillo-Castro Pro Se
Joint Debtor(s):
Jessica Villanueva Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 17
- NONE LISTED -
Debtor(s):
Alex Florendo San Antonio Represented By Gary S Saunders
Joint Debtor(s):
Liza Mendez San Antonio Represented By Gary S Saunders
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 17
- NONE LISTED -
Debtor(s):
Richard Barry Kalter Represented By Louis J Esbin
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 20
- NONE LISTED -
Debtor(s):
Richard Barry Kalter Represented By Louis J Esbin
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 36
- NONE LISTED -
Debtor(s):
Douglas Lawrance DeCoster Represented By Charles J Brash
Joint Debtor(s):
Elsa Diane DeCoster Represented By Charles J Brash
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Shana Lynn Yao Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Joseph Aurelio Duran Represented By Michael E Clark
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Najaf Nick Badirov Represented By Elena Steers
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Rene Rodriguez Represented By Lauren M Foley
Joint Debtor(s):
Araceli Ortega Represented By Lauren M Foley
Trustee(s):
Heide Kurtz (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Victor Miguel Fajardo Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 28
- NONE LISTED -
Debtor(s):
Samuel Alejandro Cubas Varela Represented By Joseph S Park
Joint Debtor(s):
Fatima Cecilia Cubas Represented By Joseph S Park
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Karla B Cruz Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 14
- NONE LISTED -
Debtor(s):
Roberto Sanchez Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 13
- NONE LISTED -
Debtor(s):
Christina Marie Uzeta Represented By Heather J Canning
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
State Farm Bank, FSB C/O Twenty-One Eighty-Five, L.L.C.
Docket 8
- NONE LISTED -
Debtor(s):
Jackeline Rocha Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Jackeline Rocha Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 14
- NONE LISTED -
Debtor(s):
Jorge Mario Duarte Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Elizabeth Elena Macias Represented By Michael E Clark
Trustee(s):
Wesley H Avery (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Jorge Leonel Sanchez Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Sam S Leslie (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Jorge Leonel Sanchez Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Sam S Leslie (TR) Pro Se
9:30 AM
Docket 14
- NONE LISTED -
Debtor(s):
Katia M Pena Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 13
- NONE LISTED -
Debtor(s):
Thelma Taleana Lee Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Martha Perez Sanchez Represented By Omar Zambrano
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Daniel Romero Represented By
Carlos A Delgado Ibarcena
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Chandra Lee Ann David Represented By Julie J Villalobos
Trustee(s):
Heide Kurtz (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Chandra Lee Ann David Represented By Julie J Villalobos
Trustee(s):
Heide Kurtz (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Lourdes Bazavilvazo Represented By Omar Zambrano
Trustee(s):
Elissa Miller (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Ana M Lemus Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Arnulfo R Berlin Represented By
Hale Andrew Antico
Joint Debtor(s):
Maria Del Carmen Berlin Represented By
Hale Andrew Antico
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Dean Edward Simons Represented By Bert Briones
Trustee(s):
Sam S Leslie (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Ben Ian Bonilla Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
9:30 AM
Docket 13
- NONE LISTED -
Debtor(s):
Erika Acuna Marasigan Represented By Yelena Gurevich
Joint Debtor(s):
Rolando Aguila Marasigan Represented By Yelena Gurevich
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Erika Acuna Marasigan Represented By Yelena Gurevich
Joint Debtor(s):
Rolando Aguila Marasigan Represented By Yelena Gurevich
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Donald Earl Engle Represented By Nancy Hanna
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Laura E. Gonzalez Represented By Beatriz Chen
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Sonia E Parada Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
William Ashby Represented By Julie J Villalobos
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Christy Chi Nguyen Collins Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Sandra Taylor Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Amanda C Cashmar Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 16
- NONE LISTED -
Debtor(s):
Larry Paul Lewis Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Mark Anthony Thompson Represented By Heather J Canning
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
(2016 Toyota Corolla)
Docket 8
- NONE LISTED -
Debtor(s):
Carlos A. Lopez Paniagua Represented By Jennifer Ann Aragon
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
(2016 Toyota Camry)
Docket 9
- NONE LISTED -
Debtor(s):
Carlos A. Lopez Paniagua Represented By Jennifer Ann Aragon
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Yvonne Alvarez Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 28
- NONE LISTED -
Debtor(s):
Pedro Gamboa Banuelos Represented By Christopher J Lauria
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Luisa Delgado Represented By Nicholas W Gebelt
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Ford Motor Credit Company LLC (2017 Ford Mustang)
Docket 10
- NONE LISTED -
Debtor(s):
Sandra Infante Lira Represented By Omar Zambrano
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Alma Delia Torres Represented By Nicholas W Gebelt
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 16
- NONE LISTED -
Debtor(s):
Henry Pete Amaya Jr. Represented By Nicholas W Gebelt
Joint Debtor(s):
Magdalena Lopez Represented By Nicholas W Gebelt
Trustee(s):
Elissa Miller (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Griselda Mejia Represented By Lauren M Foley
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Angeles Japuni Alora Jr. Represented By Philomena N Nzegge
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Michael Anthony Daves Represented By Peter M Lively
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
and Hyundai Capital america dba Kia Motors Finance
Docket 10
- NONE LISTED -
Debtor(s):
Oscar Guerrero Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
KaCoyia M Friend Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Jin Do Hong Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Use Of Alleged Cash Collateral Of Preferred Bank;
Payment Of Pre-Petition Employee Benefits;
Establishment Of Adequate Assurance Payments With Respect To Utilities;
Maintaining Pre-Petition Bank Accounts For 30 Days;
Maintaining Pre-Petition Merchant Accounts For 60 Days;
Payment Of Certain Pre-Petition Critical Vendor Claims;
Limiting Notice Of Certain Matters Requiring Notice Pursuant To FRBP 2002 And 9007;
Extending The Time In Which To File Schedules, Statements And Lists Pursuant To FRBP 1007(C)
Docket 2
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr 10-18-17; 12-13-17; 1-31-18
fr 3-28-18
Docket 78
- NONE LISTED -
Debtor(s):
James A Baltutis Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
fr 10-18-17; 12-13-17; 1-31-18
fr 3-28-18
Docket 96
- NONE LISTED -
Debtor(s):
Sherry L Dana Represented By Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
fr 1-31-18
fr 3-28-18
Docket 87
- NONE LISTED -
Debtor(s):
Francisco Estrada Represented By Clifford Bordeaux
Joint Debtor(s):
Nariza Naval-Estrada Represented By Clifford Bordeaux
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18
fr 3-28-18
Docket 77
- NONE LISTED -
Debtor(s):
Onofre Anguiano Jr. Represented By Matthew D Resnik
S Renee Sawyer Blume
Joint Debtor(s):
Maria J Anguiano Represented By Matthew D Resnik
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-18-17; 12-13-17; 2-28-18
fr 4-18-18
Docket 70
- NONE LISTED -
Debtor(s):
Marietta Soltis Asumbrado Represented By Mariano A Alvarez
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
fr 10-18-17; 12-13-17; 1-31-18
fr 3-28-18
Docket 44
- NONE LISTED -
Debtor(s):
Monique M. Adams Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-18-17; 12-13-17
Stipulation to continue hearing filed 3/20/18
fr 3-28-18
Docket 29
- NONE LISTED -
Debtor(s):
Aleck Evan Syms Represented By
Richard A Brownstein
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18
fr 3-28-18
Docket 100
- NONE LISTED -
Debtor(s):
Vincent E Aniwanou Represented By Philomena N Nzegge
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18
Docket 101
- NONE LISTED -
Debtor(s):
Lilia Velasco Represented By
Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-20-17; 11-15-17
fr 3-28-18
Docket 42
- NONE LISTED -
Debtor(s):
Franklin Hernan Gonzalez Represented By Michael Y Lo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-18-18
Docket 62
- NONE LISTED -
Debtor(s):
Mara Victoria Baygulova Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-20-17; 11-15-17; 1-31-18
fr 3-28-18
Docket 39
- NONE LISTED -
Debtor(s):
Alvaro Trujillo Represented By Shakeal Masoud
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18
fr 4-18-18
Docket 44
- NONE LISTED -
Debtor(s):
Doris Mae Tinson Represented By Paul Horn
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18
Docket 46
- NONE LISTED -
Debtor(s):
Laura Bash Represented By
Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-20-17; 11-15-17; 1-31-18
fr 3-28-18
Docket 45
- NONE LISTED -
Debtor(s):
Elliott Van Buren Thomas Represented By Vernon R Yancy
Joint Debtor(s):
Barbara Jo Thomas Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18
Docket 44
- NONE LISTED -
Debtor(s):
Grady J Dagnan Jr. Represented By Elena Steers
Joint Debtor(s):
Karen L Dagnan Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18
Docket 28
- NONE LISTED -
Debtor(s):
Edwina Harris Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 10-11-17; 12-13-17
fr 2-28-18
fr 4-18-18
Docket 35
- NONE LISTED -
Debtor(s):
Rudy Lopez Sr. Represented By Erika Luna
Joint Debtor(s):
Andrea Lopez Represented By Erika Luna
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-15-17; 1-31-18
fr 3-28-18
Docket 69
- NONE LISTED -
Debtor(s):
Roberto Garcia Represented By Luis G Torres
Joint Debtor(s):
Lilia Arechiga Garcia Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18
fr 3-28-18
Docket 42
- NONE LISTED -
Debtor(s):
Josephine Hermilia Saldana Represented By Heather J Canning Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 1-31-18
fr 3-28-18
Docket 25
- NONE LISTED -
Debtor(s):
Kevin James Fiege Represented By Philomena N Nzegge
Joint Debtor(s):
Caroline Ancheta Fiege Represented By Philomena N Nzegge
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18
Docket 52
- NONE LISTED -
Debtor(s):
James Harold Finch Represented By Jeffrey N Wishman
Joint Debtor(s):
Ruth Marie Freedman-Finch Represented By Jeffrey N Wishman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18
fr 3-28-18
Docket 37
- NONE LISTED -
Debtor(s):
Betsy Yun-Yuan Wang Represented By Paul Horn
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 1-31-18
fr 3-28-18
Docket 42
- NONE LISTED -
Debtor(s):
Nellie Jefferson Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18
Docket 33
- NONE LISTED -
Debtor(s):
Carolyn Denise Echols Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Kristi Wells to appear by telephone
fr 3-28-18
Docket 64
- NONE LISTED -
Debtor(s):
Gina Maria Dapremont Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-6-17, 11-15-17; 1-31-18
fr 3-28-18
Docket 34
- NONE LISTED -
Debtor(s):
Benjie L Knox Represented By Sunita N Sood
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18
fr 3-28-18
Docket 23
- NONE LISTED -
Debtor(s):
Angela Michelle Brown Clinton Represented By Stephen S Smyth William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 11-15-17; 2-14-18
fr 3-28-18
Docket 43
- NONE LISTED -
Debtor(s):
Rodolfo L Lomeli Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 1-31-18
fr 3-28-18
Docket 18
- NONE LISTED -
Debtor(s):
Kimberly LaTreese Dunham Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18
Docket 44
- NONE LISTED -
Debtor(s):
Georgina Olaya Calleros Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 1-31-18
fr 3-28-18
Docket 57
- NONE LISTED -
Debtor(s):
Byron H. Knight Represented By Steven B Lever
Joint Debtor(s):
Lakesha M. Knight Represented By Steven B Lever
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 1-31-18
fr 3-28-18
Docket 39
- NONE LISTED -
Debtor(s):
Norberto Diaz Jr. Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18
Docket 42
- NONE LISTED -
Debtor(s):
Lisa Virgene McGeo Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 3-7-18; 5-16-18
Docket 65
- NONE LISTED -
Debtor(s):
Lynette Marie Baker Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 71
- NONE LISTED -
Debtor(s):
Tomi Corinne Stewart Represented By Michael F Chekian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 61
- NONE LISTED -
Debtor(s):
Enrique Cruz Represented By
Nicholas M Wajda
Joint Debtor(s):
Rosa Maria Hernandez Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
- NONE LISTED -
Debtor(s):
Teresa Jones Represented By
Eva M Hollands
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 22
- NONE LISTED -
Debtor(s):
Raul Adrian Burgueno Gutierrez Represented By
Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
- NONE LISTED -
Debtor(s):
Linda C Sanchez Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 52
- NONE LISTED -
Debtor(s):
Joyce M Chapman-Simpson Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr. 11-1-17; 12-13-17; 2-28-18; 3-28-18; 5-16-18
Christina J. O. to appear by telephone
Docket 165
None.
Debtor(s):
Ca-Trece Roxanne Mas'sey Represented By Steven L Bryson
Movant(s):
Steven L. Bryson Represented By Steven L Bryson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
#42.00 Order to Show Cause why US Bank, N.A. (USB), should not be held in contempt of Court for violation of the Automatic Stay
fr. 4-18-18
Docket 0
- NONE LISTED -
Debtor(s):
Ramona Cameille Olmedo Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 205
None.
Debtor(s):
Jorge Oswaldo Obregon Represented By Susan Salehi Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
- NONE LISTED -
Debtor(s):
Teresita Requillas Orcini Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
None.
Debtor(s):
Emmanuel Vargas Represented By Peter L Lago
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
None.
Debtor(s):
Sheila R Davis Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
At the outset, the Court notes that the debtors failed to provide notice of their claim objection using the mandatory court form (F
3007-1.1.NOTICE.OBJ.CLAIM). However, since the debtors timely and properly served their objection on all interested parties, the Court will overlook the deficiency in this instance. Yet in the future, the debtors should be aware that failure to use the mandatory notice form may result in the Court automatically overruling their objection.
No opposition was filed.
The debtors' objection to proof of claim ("Claim No. 1") filed with the court’s Claims Register by the Internal Revenue Service ("IRS") is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The Court disallows Claim No. 1 in part, as the debtors have provided evidence to show that they had no income tax liability for tax years 2008 and 2009. The debtors shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Saul Alvarado Represented By
Rene Lopez De Arenosa Jr
1:30 PM
Joint Debtor(s):
Alicia Alvarado Represented By
Rene Lopez De Arenosa Jr
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
The objection to the exemption is OVERRULED as moot. The objection references Debtor's original Schedule C, filed on September 18, 2017. However, Debtor filed an amended Schedule C on March 26, 2018 before the Chapter 13 trustee filed the objection. See Docket No. 35.
Accordingly, the objection is now moot.
The Chapter 13 trustee shall submit an appropriate order. No appearance is necessary.
Debtor(s):
Arcelia Gonzalez Represented By Dana C Bruce
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 53
Debtor's objection to proof of claim ("Claim No. 2") filed with the Court's Claims Register by National Credit Adjusters, LLC ("NCA") is OVERRULED without prejudice due to improper service. Debtor's objection, filed at Docket No. 53, does not include a proof of service. Thus, it is unclear whether Debtor timely served her objection on NCA at its correct address for service.
Debtor(s):
Debtor shall lodge an appropriate order.
Deborah Sandi Stein Represented By William Huestis
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 121
On May 21, 2018, claimant U.S. Bank, N.A. withdrew its proof of claim (Claim No. 8-2) without prejudice. Accordingly, Debtor's objection to Claim No. 8-2 is OVERRULED as moot. Debtor shall lodge an appropriate order.
Appearances waived.
Debtor(s):
Jesus R Valdez Represented By Michael Poole
Movant(s):
Jesus R Valdez Represented By Michael Poole
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18
Docket 114
- NONE LISTED -
Debtor(s):
Jesus R Valdez Represented By Michael Poole
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
None.
Debtor(s):
Anthony Ginnane Represented By Scott Kosner
Movant(s):
Anthony Ginnane Represented By Scott Kosner Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-11-18
Docket 37
- NONE LISTED -
Debtor(s):
Anthony Ginnane Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18; 3-28-18
Stipulation to continue lodged 5/29/18
Docket 60
None.
Debtor(s):
Jaime Rene Anaya Represented By Steven A Wolvek
Joint Debtor(s):
Paula Oralia Anaya Represented By Steven A Wolvek
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18
Docket 58
- NONE LISTED -
Debtor(s):
Jaime Rene Anaya Represented By Steven A Wolvek
Joint Debtor(s):
Paula Oralia Anaya Represented By Steven A Wolvek
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Re: 426 West 81st Street, Los Angeles, CA 90003
Docket 15
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. Accordingly, the Court takes this matter OFF CALENDAR for non-receipt of a Judge's Copy. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion.
Appearances waived.
Debtor(s):
Andres Matias Represented By Lionel E Giron
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18
Docket 23
Debtor(s):
Robert Russel Jr. Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-28-18
Docket 25
Debtor(s):
Robert Russel Jr. Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
Robert Russel Jr. Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
David B Lally to appear by telephone
Docket 37
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Movant(s):
Joseph Hoats Represented By
Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
$ 1,210,000
Docket 36
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Movant(s):
Joseph Hoats Represented By
Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Judgment Lien with Rosemead Place LLC
522f (Real Property)
fr. 8-23-17; 10-11-17; 12-8-17; 1-12-18; 2-14-18; 3-28-18
Docket 62
Debtor(s):
Jorge Gomez Represented By
Clifford Bordeaux
Joint Debtor(s):
Lorenza Gomez Represented By Clifford Bordeaux
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
Julio Cesar Navas Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18
Docket 44
None.
Debtor(s):
Marvell Lenox Tell Jr. Represented By Roseann Frazee
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18; 4-11-18, 5-16-18
Docket 50
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 66
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-11-18, 5-16-18
Docket 55
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-11-18, 5-16-18
Docket 58
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-11-18, 5-16-18
Docket 57
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-11-18, 5-16-18
Docket 56
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18
Docket 93
None.
Debtor(s):
Maria C. Gonzalez Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
VREJ ISAGHOULIAN VS
DEBTOR
Docket 51
None.
Debtor(s):
Andrew Babakhanlou Represented By Matthew D Resnik Kevin T Simon
Movant(s):
Vrej Issagoulian Represented By Armen Shaghzo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 47
None.
Debtor(s):
Andrew Babakhanlou Represented By Matthew D Resnik Kevin T Simon
Movant(s):
Andrew Babakhanlou Represented By Matthew D Resnik Matthew D Resnik Matthew D Resnik Kevin T Simon Kevin T Simon Kevin T Simon
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 65
No opposition having been filed, and good cause presented, the motion is GRANTED. The deadline for the U.S. Trustee to file a § 727 complaint objecting to the debtor's discharge and/or a § 707 motion to dismiss the debtor's case is hereby extended through and including August 7, 2018. The U.S. Trustee shall lodge an appropriate order. Appearances waived.
Debtor(s):
Scott Thomas Edwards Represented By Mark T Young
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 105
None.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
10:00 AM
Of Expenses On Behalf Of A.O.E. Law & Associates For Debtor In Possession
Docket 141
None.
Debtor(s):
Bernice Morales Represented By
Anthony Obehi Egbase Crystle J Lindsey Edith Walters
Clarissa D Cu Robert Rosvall
10:00 AM
Docket 79
None.
Debtor(s):
Alverna Stanley Represented By Phillip Myer
10:00 AM
Docket 48
None.
Debtor(s):
Alverna Stanley Represented By Phillip Myer
10:00 AM
fr. 2-15-17; 5-3-18
Docket 54
Debtor should be prepared to explain why she failed to file a status report in advance of this scheduling and case management conference.
Debtor(s):
Alverna Stanley Represented By Phillip Myer
10:00 AM
Docket 53
None.
Debtor(s):
Designed to Move, LLC Represented By
Dennis E McGoldrick
10:00 AM
fr 5-3-18
Docket 46
None.
Debtor(s):
Designed to Move, LLC Represented By
Dennis E McGoldrick
10:00 AM
fr. 4-12-18; 5-3-18
Docket 11
None.
Debtor(s):
Designed to Move, LLC Represented By
Dennis E McGoldrick
10:00 AM
Docket 98
None.
Final Ruling:
This motion has been set for hearing on the notice required by LBR 4001(c)(1) and LBR 9013-1(d)(2). The failure of any party in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 90913-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further,
because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir.
2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Debtor seeks to value debtor’s REAL PROPERTY at a fair market value of $1,100,000.00 as of August 23, 2017. The subject property is encumbered by a first deed of trust lien held by U.S. Bank, N.A., securing a loan with a balance as of the petition date of approximately $1,212,727.15, and a second deed of trust held by PNC Bank, N.A., securing a loan with a balance as of the petition date of approximately $347,882.42. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339
U.S. 306, 314 (1950). No opposition was filed. Therefore, U.S. Bank’s claim is only partially secured by a deed of trust lien, and PNC Bank's claim lien is completely under-collateralized.
10:00 AM
The debtor’s motion is GRANTED pursuant to 11 U.S.C § 506(a). The claims of the lienholders shall be treated accordingly in the chapter 11 plan pursuant to 11 U.S.C § 1129.
Pursuant to LBR 9021-1(b)(1)(B), debtor must serve and lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Winston O'Mally Represented By Frank J Alvarado
10:00 AM
fr. 4/5/18
Docket 335
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Accountant fr. 5-10-18
Docket 391
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 37
None.
Debtor(s):
Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson
10:00 AM
fr. 4-12-18
Docket 4
Debtor should be prepared to explain its failure to file a status report in advance of the scheduling and case management conference.
Debtor(s):
Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson
10:00 AM
Docket 196
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
Debtor's Attorney fr 3-29-18,5-3-18
Docket 193
Debtor's counsel is to explain why a declaration of debtor was not filed with the application. Further, the application seeks approval of fees and expenses incurred after the confirmation date. The plan provides for fee applications for fees incurred through confirmation. The Court will not rule on fees incurred post-confirmation. Those are payable by the debtor based upon an agreement between the debtor and counsel. Further, the Court will not approve fees included in the categories "Billable work" and "Other Miscellaneous". These do not comply with the requirements for fee applications. Counsel should be prepared to address these issues.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
fr. 8-13-15; 9-24-15; 1-28-16, 5-26-16; 9-28-16
1-26-17, 5-25-17; 8-24-17, 12-14-17; 2-1-18; 3-29-18,
5-3-18
Docket 1
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Philip L. Marchiondo Represented By Ian Landsberg
2:00 PM
Docket 13
None.
Debtor(s):
Rachid Rhellou Represented By Joseph Collier
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Falmouth Avenue, #420, Playa Del Rey, California, 90293
Docket 86
None.
Debtor(s):
Kaveh Roshan Represented By Lane K Bogard
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
for turnover of property (Personal Property)
Docket 10
None.
Debtor(s):
Zamen BenAmor Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
VERMONT AVENUE FEE OWNER LLC VS
DEBTOR
Docket 10
- NONE LISTED -
Debtor(s):
Gary Roberts Represented By
Kahlil J McAlpin
Movant(s):
Vermont Avenue Fee Owner LLC Represented By
Carol G Unruh
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MORGAN PICKS TWO, LLC VS
DEBTOR
Docket 11
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. Appearances waived.
Movant completed a nonjudicial foreclosure sale on the real property still occupied by the debtor. Under California law, once a nonjudicial foreclosure sale has occurred, the trustor has no right of redemption. Moeller v. Lien, 25 Cal. App. 4th 822, 831 (1994). In this case, the debtor has no right to ignore the foreclosure and attempt to reorganize the debt.
Movant served the debtor with a three-day notice to quit the premises on March 2, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on March 19, 2018. Debtor filed the bankruptcy petition on May 3, 2018 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case
10:00 AM
to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Juvernaldo Cordon Cruz Represented By Elham Azimy
Movant(s):
Morgan Picks Two, LLC, A Represented By Barry L O'Connor Barry R Swan
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
L BROTHERS INVESTMENT GROUP INC VS
DEBTOR
Docket 9
The motion is DENIED without prejudice due to improper service. According to the proof of service attached to the motion, Movant failed to serve the motion and notice of the hearing on the debtor at the correct address for service listed on the docket in this case.
Movant shall lodge an appropriate order. Appearances waived.
Debtor(s):
Sua Tuimalealiifano Pro Se
Movant(s):
L Brothers Investment Group Inc Represented By
Laurie Howell
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ONE MAIN FINANCIAL SERVICES VS
DEBTOR
Docket 40
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. Accordingly, the Court takes this matter OFF CALENDAR for non-receipt of a Judge's Copy. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion.
Appearances waived.
Debtor(s):
Victor Rodriguez Represented By Raymond Perez
Movant(s):
The Dunning Law Firm OneMain Represented By
Donald T Dunning
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK, NA VS
DEBTOR
Docket 19
- NONE LISTED -
Debtor(s):
Carol Bernice Porter Represented By Kahlil J McAlpin
Movant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Jamie D Hanawalt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FORD MOTOR CREDIT COMPANY LLC VS
DEBTOR
Docket 23
None.
Debtor(s):
Teresa Lombera Represented By Christopher J Langley
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SELENE FINANCE LP VS
DEBTOR
Docket 95
- NONE LISTED -
Debtor(s):
Joaquin Salazar Salazar Represented By Nicholas W Gebelt
Joint Debtor(s):
Jennie Yurixy Salazar Represented By Nicholas W Gebelt
Movant(s):
Selene Finance, LP Represented By Keefe E Roberts Joseph Garibyan Nina Z Javan Edward J Fetzer Angie M Marth
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
GMAT LEGAL TITLE TRUST 2014-1 VS
DEBTOR fr. 5-1-18
Docket 32
Debtor(s):
Shelia Varrie-Gail Nelson-Griggs Represented By
Julie J Villalobos
Movant(s):
GMAT Legal Title Trust 2014-1, Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PNC BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 5-1-18
Docket 29
None.
Debtor(s):
Armando Diaz Represented By Christopher J Langley
Movant(s):
PNC Bank, National Association, its Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
fr. 3-27-18; 5-1-18
Docket 41
None.
Tentative Ruling of 3/27/18:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Mariana Brown Represented By Anthony P Cara
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR fr. 5-15-18
Docket 26
Debtor(s):
Edward L Franco Represented By Raymond Perez
Movant(s):
Nationstar Mortgage LLC Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SPECIALIZED LOAN SERVICING LLC VS
DEBTOR
Stipulation to continue hearing filed 6/1/18
Docket 33
A stipulation to continue the hearing was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to June 26, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Hector Manuel Cardenas Represented By Dina Farhat
Joint Debtor(s):
Silvia Cardenas Represented By Dina Farhat
Movant(s):
Specialized Loan Servicing LLC Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON TRUST, NATIONAL ASSOCIATION VS
DEBTOR
Docket 44
None.
Debtor(s):
Anthony Ginnane Represented By Scott Kosner
Movant(s):
Wilmington Trust, National Represented By Tyneia Merritt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 19
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future
10:00 AM
cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Malik Alim Akbar Represented By William G Cort
Movant(s):
Deutsche Bank National Trust Represented By Joseph C Delmotte Angie M Marth
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FEDERAL NATIONAL MORTGAGE ASSOCIATIO VS
DEBTOR
Docket 16
None.
Debtor(s):
Darren Searle Represented By William G Cort
Movant(s):
Federal National Mortgage Represented By Nichole Glowin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
EAST WEST BANK VS
DEBTOR
Case dismissed 5/14/18
Docket 11
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. In this case, the Court was not listed on the proof of service, did not receive a Judge's Copy of the motion and; thus, was unable to review the contents therein. Accordingly, the Court takes this matter OFF CALENDAR. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion. Appearances waived.
Debtor(s):
Chan Hee Oh Pro Se
Movant(s):
East West Bank Represented By William Malcolm
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr. 5-10-18
Docket 12
None.
Debtor(s):
Johnnie Fields Represented By Nima S Vokshori
Movant(s):
Johnnie Fields Represented By Nima S Vokshori
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 12
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on May 7, 2018. This motion was filed on May 14, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Clara Carmen Hernandez Represented By Brad Weil
Movant(s):
Clara Carmen Hernandez Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 6
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on May 9, 2018. This motion was filed on May 10, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay only as to the creditor Wells Fargo Bank. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion
10:00 AM
based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Stephanie Saint Louis Represented By Matthew D Resnik
Movant(s):
Stephanie Saint Louis Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SANTANSER CONSUMER USA, INC VS
DEBTOR
Docket 39
No opposition was filed. The court takes judicial notice of the chapter 7 debtor’s Statement of Intention filed in this case on April 17, 2018 in which the debtor stated an intention to surrender the property to movant.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $3,825 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $17,022.04. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. Also, the debtor has not provided movant with proof of insurance on the subject property. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
10:00 AM
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to
the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
Debtor(s):
The movant shall submit an appropriate order.
Victor Hugo Velasquez Martinez Represented By
Yelena Gurevich
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
MARK D HAUPTMAN AND TAMAR ELIZABETH HAUPTMAN VS
DEBTOR
Docket 75
None.
Debtor(s):
Palig Saghdejian Represented By Stephen L Burton Armen Shaghzo
Movant(s):
Mark D. Hauptman and Tamar Represented By Edward T Weber
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
CAB WEST LLC VS
DEBTOR
Docket 12
No opposition was filed. The court takes judicial notice of the chapter 7 debtor’s Statement of Intention filed in this case on March 13, 2018 in which the debtor stated she does not intend to assume the lease.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. Also, the lease has matured. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. This order shall be binding and effective despite any conversion of this bankruptcy case to a case
10:00 AM
under any other chapter of Title 11 of the United States Code. All other relief is denied.
Debtor(s):
The movant shall submit an appropriate order.
Claudia Cortez Represented By Steven Ibarra
Movant(s):
Cab West LLC Represented By Jennifer H Wang
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
CONSUMER PORTFOLIO SERVICES, INC VS
DEBTOR
Docket 8
No opposition was filed. The court takes judicial notice of the chapter 7 debtor’s Statement of Intention filed in this case on March 16, 2018 in which the debtor stated an intention to surrender the property to movant.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $7,683 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $23,379.42. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. Also, movant regained possession of the property on March 15, 2018. This is "cause" to terminate the stay under 11 U.S.C.
§ 362(d)(1).
10:00 AM
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to
the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
Debtor(s):
The movant shall submit an appropriate order.
Brian James Gutierrez Represented By Daniel King
Movant(s):
Consumer Portfolio Services, Inc. Represented By
Ryan M Davies
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
AUGUSTA FINANCIAL INC VS
DEBTOR
Docket 68
None.
Debtor(s):
Scott Thomas Edwards Represented By Mark T Young
Movant(s):
Augusta Financial Inc., A California Represented By
Reilly D Wilkinson
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
THE EVERGREEN ADVANTAGE, LLC VS
DEBTOR
Docket 7
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
In this case, the debtor was delinquent on the loan secured by the subject property at the time this motion was filed. There is no evidence that debtor or trustee has made or tendered any payments to movant since commencement of the case. Furthermore, the loan matured on April 1, 2018. This is cause to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Gina Marie Plant Represented By
Sunjay Prem Bhatia
Movant(s):
The Evergreen Advantage, LLC Represented By Edward T Weber
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
fr. 4-10-18; 5-15-18
Docket 16
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
10:00 AM
Docket 37
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
Movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
10:00 AM
Docket 12
None.
Debtor(s):
Raul De Jesus Represented By Stuart R Simone
Joint Debtor(s):
Rosa Ortega Represented By
Stuart R Simone
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01092 Meier et al v. Welker, II
Docket 1
The parties should be prepared to explain why they should not be sanctioned pursuant to Local Bankruptcy Rule 7016-1(a) for failure to file a status report in advance of this status conference.
Further, the Court notes that Plaintiffs filed an amended complaint on May 23, 2018 (Adv. Docket No. 7). The amended complaint appears to moot Debtor's motion to dismiss (Adv. Docket No. 4), which the Court has set for hearing on June 12, 2018. Debtor is to address how he plans to proceed in light of the amended complaint.
Debtor(s):
James Joseph Welker II Represented By Jeffrey N Wishman
Defendant(s):
James Joseph Welker II Pro Se
Plaintiff(s):
Claudio Meier Represented By Bradford T Child
Brigitte Frank Meier Represented By Bradford T Child
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01093 Wike v. Hong
Docket 1
The parties should be prepared to explain why they should not be sanctioned pursuant to Local Bankruptcy Rule 7016-1(a) for failure to file a status report in advance of this status conference.
Further, Plaintiff should be prepared to explain why he has still failed to comply with Federal Rule of Bankruptcy Procedure 7004(e), which requires a plaintiff to serve the summons and complaint on the defendant(s) within 7 days of the date the summons is issued and why the adversary proceeding should not be dismissed for lack of prosecution.
Debtor(s):
Michael T Hong Represented By Young K Chang
Defendant(s):
Michael T Hong Pro Se
Plaintiff(s):
Chalmers Wike Represented By Marc Lazarus
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:18-01046 Ridley v. Walton
Docket 0
None.
Debtor(s):
Paula Louise Walton Represented By
Richard L. Sturdevant
Defendant(s):
Paula Louise Walton Represented By
Richard L. Sturdevant
Plaintiff(s):
Alan Ridley Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01046 Ridley v. Walton
fr. 4-17-18; 5-15-18
Docket 1
None.
Debtor(s):
Paula Louise Walton Represented By
Richard L. Sturdevant
Defendant(s):
Paula Louise Walton Pro Se
Plaintiff(s):
Alan Ridley Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01055 United States Trustee for the Central District of v. Shirikchyan
Docket 11
No opposition having been filed, and good cause presented, the motion is GRANTED. Default judgment is hereby entered against the defendant on all causes of action. The United States Trustee shall lodge an appropriate order. Appearances waived.
Debtor(s):
Aram Shirikchyan Pro Se
Defendant(s):
Aram Shirikchyan Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Alvin Mar
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:18-01055 United States Trustee for the Central District of v. Shirikchyan
#6.00 Status Conference re Complaint for denial of discharge
fr 5-1-18
Default entered by Clerk against Defendant: Aram Shirikchyan on 4/9/18
Docket 1
In light of this Court's determination to grant the motion for default judgment (item No. 5 on the calendar), the status conference is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Aram Shirikchyan Pro Se
Defendant(s):
Aram Shirikchyan Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Alvin Mar
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:17-01383 AFC CAL, LLC v. Dyson
Docket 25
None.
Debtor(s):
Devin R. Dyson Represented By Edgar C Johnson
Defendant(s):
Devin R. Dyson Represented By Fritz J Firman Edgar C Johnson
Joint Debtor(s):
Laura S. Dyson Represented By Edgar C Johnson
Plaintiff(s):
AFC CAL, LLC Represented By
Tom Roddy Normandin
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:17-01383 AFC CAL, LLC v. Dyson
fr. 10-10-17; 11-28-17; 4-10-18; 5-22-18
Docket 1
None.
Debtor(s):
Devin R. Dyson Represented By Edgar C Johnson
Defendant(s):
Devin R. Dyson Pro Se
Joint Debtor(s):
Laura S. Dyson Represented By Edgar C Johnson
Plaintiff(s):
AFC CAL, LLC Represented By
Tom Roddy Normandin
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:17-01548 Mastan v. Biasiolo et al
Docket 18
No opposition having been filed, and good cause presented, the motion is GRANTED. Default judgment is hereby entered against all defendants on all causes of action. The Chapter 7 trustee shall lodge an appropriate order. Appearances waived.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Pierluigi Biasiolo Pro Se
Renergy Alliance Corporation, a Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
2:00 PM
Adv#: 2:17-01548
Mastan v. Biasiolo et al
Telephonic Hearing
fr. 1-30-18, 3-6-18; 5-15-18
Docket 1
In light of the Court's determination to grant the motion for default judgment (item no. 8 on the calendar), this status conference is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Pierluigi Biasiolo Pro Se
Renergy Alliance Corporation, a Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
Adv#: 2:17-01516 Villas Del Rey Condominium Assoc. v. Roshan
Dischargeability of Debts and Deny Discharge for Failure to State a Claim Upon Which Relief May be Granted
Docket 33
None.
Debtor(s):
Kaveh Roshan Represented By Lane K Bogard
Defendant(s):
Kaveh Roshan Represented By Lane K Bogard
Plaintiff(s):
Villas Del Rey Condominium Assoc. Represented By
Dennis E McGoldrick
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:17-01516 Villas Del Rey Condominium Assoc. v. Roshan
fr. 1-9-18, 1-16-18; 3-20-18; 3-27-18
Docket 1
None.
Debtor(s):
Kaveh Roshan Represented By Lane K Bogard
Defendant(s):
Kaveh Roshan Pro Se
Plaintiff(s):
Villas Del Rey Condominium Assoc. Represented By
Dennis E McGoldrick
Trustee(s):
Richard K Diamond (TR) Pro Se
10:00 AM
Docket 87
None.
Debtor(s):
Winston O'Mally Represented By Frank J Alvarado
Movant(s):
Winston O'Mally Represented By Frank J Alvarado Frank J Alvarado
10:00 AM
fr 9-7-17; 10-5-17, 1-18-18; 4-12-18
Docket 20
None.
Debtor(s):
Winston O'Mally Represented By Frank J Alvarado
10:00 AM
Docket 200
None.
Debtor(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase Onyinye N Anyama
10:00 AM
fr. 3-29-18; 5-3-18
Docket 959
None.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
To The Debtor And Debtor In Possession, For Allowance And Payment Of Compensation And Reimbursement Of Expenses
Stipulation to continue hearing filed 5/31/18
Docket 171
- NONE LISTED -
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
10:00 AM
Docket 55
None.
Debtor(s):
Rafael Ayala Gutierrez Represented By Onyinye N Anyama
10:00 AM
fr. 11-16-17, 1-18-18; fr 3-8-18 (10:00 Calendar), 3-8-18
4-12-18
Docket 75
None.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
Movant(s):
United States Trustee (LA) Represented By Alvin Mar
10:00 AM
fr 4-12-18
Docket 96
None.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
Movant(s):
Rhonda E. Reynolds Represented By Thomas B Ure
10:00 AM
fr. 3-9-17; 6-29-17; 10-5-17, 11-16-17, 1-18-18, 3-8-18
fr 3-8-18 (10:00 Calendar); 4-12-18
Docket 0
None.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
10:00 AM
Use Of Alleged Cash Collateral Of Preferred Bank;
Payment Of Pre-Petition Employee Benefits;
Establishment Of Adequate Assurance Payments With Respect To Utilities;
Maintaining Pre-Petition Bank Accounts For 30 Days;
Maintaining Pre-Petition Merchant Accounts For 60 Days;
Payment Of Certain Pre-Petition Critical Vendor Claims;
Limiting Notice Of Certain Matters Requiring Notice Pursuant To FRBP 2002 And 9007;
Extending The Time In Which To File Schedules, Statements And Lists Pursuant To FRBP 1007(C)
fr 5-29-18
Docket 2
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
2:00 PM
Docket 31
None.
Debtor(s):
New West TC, LLC Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
2:00 PM
Docket 119
None.
Debtor(s):
Michael Torres Pro Se
Joint Debtor(s):
Carla Torres Pro Se
Movant(s):
David M Goodrich (TR) Represented By Richard A Marshack Laila Masud
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack Laila Masud
10:00 AM
Telephonic Hearing
ALLY BANK VS DEBTOR
fr 5/22/18
Adam Barasch to appear by telephone
Docket 18
None.
Debtor(s):
Darren Searle Represented By William G Cort
Movant(s):
Ally Bank Represented By
Adam N Barasch
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
SANTANDER CONSUMER USA INC VS
DEBTOR
fr 5/22/18
Jennifer Wang to appear by telephone
Docket 33
None.
Debtor(s):
Giovanna Norma Lilley Represented By Heather J Canning Barry E Borowitz
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY VS
DEBTOR fr. 4-3-18
Docket 60
Debtor(s):
Anthony Estrada Represented By Barry E Borowitz Heather J Canning
Joint Debtor(s):
Linda Ann Estrada Represented By Shannon A Doyle Barry E Borowitz Heather J Canning
Movant(s):
Wilmington Savings Fund Society, Represented By
Joseph C Delmotte Bryan S Fairman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
fr. 3-6-18; 4-3-18
Docket 99
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 17, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Lilia Velasco Represented By
Barry E Borowitz
Movant(s):
Wells Fargo Bank, N.A. Represented By Trang Truong
William P McCooe Jr Judith Trigg-Hart Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR
fr. 4-17-18; 5-22-18
Kelly Raftery to appear by telephone
Docket 42
None.
Debtor(s):
Laszlo Nemeth Represented By
R Grace Rodriguez
Movant(s):
HSBC Bank USA, National Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr 5-15-18
Docket 35
Debtor(s):
Desmond Paul McLean Represented By Jeffrey J Hagen
Movant(s):
U.S. Bank National Association, as Represented By
Joseph C Delmotte Bryan S Fairman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CALIFORNIA CREDIT UNION VS
DEBTOR fr. 5-1-18
Nichole Glowin to appear by telephone
Docket 40
None.
Debtor(s):
Gloria L Leonard Represented By Leon D Bayer
Movant(s):
California Credit Union, its Represented By Nichole Glowin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
LETICIA SANCHEZ VS
DEBTOR fr 5-22-18
Docket 42
None.
Debtor(s):
Jose Blanco Represented By
Omatshola E Dafeta
Movant(s):
Leticia Sanchez Represented By Javier Garibay
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, NA VS
DEBTOR fr. 5-1-18
Docket 22
None.
Debtor(s):
Anthony Michael Foggs Represented By Joshua L Sternberg
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK TRUST, N.A. VS
DEBTOR
Docket 58
On June 5, 2018, the parties filed a stipulation to resolve this matter.
The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Dora Dean Nelson Represented By Nima S Vokshori
Movant(s):
U.S. Bank Trust, N.A., as Trustee for Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 53
None.
Debtor(s):
Josefina Cruz Represented By Michael Poole
Movant(s):
Wells Fargo Bank, N.A Represented By Megan E Lees Tara Evans Bruce E Brown Corey Phuse Rosemary Allen
Deborah L Rothschild Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DEUTSCHE BANK TRUST COMPANY AMERICAS VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 23
- NONE LISTED -
Debtor(s):
Ramon Alejandre Represented By John Asuncion
Movant(s):
DEUTSCHE BANK TRUST Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Kelly Raftery to appear by telephone
Docket 50
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 7 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Georgette Mckinney Represented By Kenumi T Maatafale
Movant(s):
WELLS FARGO BANK, N.A. Represented By Melissa A Anderson Jason C Kolbe Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
BANK OF AMERICA, N.A. VS
DEBTOR
Kelly Raftery to appear by telephone
Docket 22
None.
Debtor(s):
SALVADOR MUNOZ Represented By Omar Zambrano
Movant(s):
Bank Of America, N.A. Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Docket 47
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Sandra Hinojosa Represented By Gary Polston
Movant(s):
Nationstar Mortgage LLC Represented By
10:00 AM
Trustee(s):
Christina J O Merdaud Jafarnia Melissa A Vermillion Cassandra J Richey
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
BANK OF AMERICA, N.A. VS
DEBTOR
Christina J. O to appear by telephone
Docket 39
None.
Debtor(s):
Shawn Dean Sheppard Represented By Donald E Iwuchuku
Movant(s):
Bank of America, N.A. Represented By Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY, FSB VS
DEBTOR
Docket 30
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 5 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Hyejin Won Represented By
Eliza Ghanooni
Movant(s):
Wilmington Savings Fund Society, Represented By
10:00 AM
Trustee(s):
Joseph C Delmotte
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONS DIRECT MORTGAGE, LLC VS
DEBTOR
Docket 42
Debtors' case was dismissed on May 25, 2018. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Harry L Solt Represented By
Leroy Bishop Austin
Joint Debtor(s):
Lissette Solt Represented By
Leroy Bishop Austin
Movant(s):
NATIONS DIRECT MORTGAGE, Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WILMINGTON TRUST, NATIONAL ASSOCIATION VS
DEBTOR
Megan E. Lees to appear by telephone
Docket 42
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Maria Johnston Represented By Mariano A Alvarez
Movant(s):
Wilmington Trust, National Represented By Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 25
On June 5, 2018, the Court entered an order dismissing the debtor's bankruptcy case. Because Movant has requested in rem relief under 11
U.S.C. § 362(d)(4), the Court will retain jurisdiction to hear the matter. However, Movant failed to serve a "Judge's Copy" of the motion on chambers in the manner, and not later than the deadline, set forth in the Court Manual. Accordingly, the Court takes this matter OFF CALENDAR for non-receipt of a Judge's Copy. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion in accordance with LBR 5005-2(d). Appearances waived.
Debtor(s):
Judith Vazquez Pro Se
Movant(s):
HSBC Bank USA, National Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Kelly Raftery to appear by telephone
Docket 31
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Tisa L. Shavers Represented By Joshua L Sternberg
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FLS REALTY, LLC VS
DEBTOR
Docket 23
None.
Debtor(s):
Paula Andro Represented By
Roseann Frazee
Movant(s):
FLS Realty, LLC Represented By Martin W. Phillips
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 9
Debtor's case was dismissed on May 21, 2018; however, because movant has requested in rem relief, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case
10:00 AM
to a case under any other chapter of Title 11 of the United States Code. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Maria Iliana Lopez Pro Se
Movant(s):
Wells Fargo Bank, N.A. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 6
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on May 15, 2018. This motion was filed on May 18, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Asmik Mkyatchyan Represented By Scott Kosner
Movant(s):
Asmik Mkyatchyan Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 15
None.
Debtor(s):
Monette Marialuz Garcia Tabamo Represented By
Jessica E Rico
Movant(s):
Monette Marialuz Garcia Tabamo Represented By
Jessica E Rico
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 7
No opposition was filed.
Section 362(c)(4)(A) states that if a single or joint case is filed by or against a debtor who is an individual under this title, and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed, other than a cased refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay shall not go into effect upon the filing of the later case, and on request of a party in interest, the Court shall promptly enter an order confirming that no stay is in effect. 11 U.S.C. § 362(c) (4)(A).
On motion of a party in interest for imposition of the automatic stay and upon notice and a hearing, the Court may impose the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) if the request is made within 30 days of the filing of the later case and after notice and a hearing, only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11 U.S.C. § 362(c)(4)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on May 25, 2018. This motion was filed on May 25, 2018. The motion is timely.
According to the evidence, debtor seeks imposition of the automatic stay as to secured creditors Ally Financial, Inc.; Bank of America, N.A.; Chase Bank, N.A.; Select Portfolio Servicing, Inc.; and Payday Loan, LLC. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
10:00 AM
Movant’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Louie Jose Quintanar Represented By William G Cort
Movant(s):
Louie Jose Quintanar Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SHLOMO BOTACH VS
DEBTOR
Docket 8
- NONE LISTED -
Debtor(s):
Clive Anthony Jackson Pro Se
Movant(s):
Shlomo Botach Represented By Harry E Floyd
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Sean Ferry to appear by telephone
Docket 72
None.
Debtor(s):
Jamie Georgia Armstead Represented By James C Shields
Movant(s):
U.S. Bank National Association Represented By Sean C Ferry
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
PIONEER INVESTMENT, INC VS
DEBTOR
Docket 67
None.
Debtor(s):
Designed to Move, LLC Represented By
Dennis E McGoldrick
Movant(s):
Pioneer Investment, Inc. Represented By Ann G. Lee
10:00 AM
STONEHAVEN LLC VS
DEBTOR
Docket 33
This matter is CONTINUED to June 26, 2018 at 10:00 a.m.
Appearances waived.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Movant(s):
Stonehaven LLC Represented By Michael H Weiss
10:00 AM
Telephonic Hearing
fr. 5-10-18, 6-5-18; ADVANCED FROM 6-14-18
Erin McCartney to appear by telephone
Docket 12
None.
Debtor(s):
Johnnie Fields Represented By Nima S Vokshori
Movant(s):
Johnnie Fields Represented By Nima S Vokshori
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01092 Meier et al v. Welker, II
Docket 4
None.
Debtor(s):
James Joseph Welker II Represented By Jeffrey N Wishman
Defendant(s):
James Joseph Welker II Represented By William J Smyth
Plaintiff(s):
Claudio Meier Represented By Bradford T Child
Brigitte Frank Meier Represented By Bradford T Child
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01092 Meier et al v. Welker, II
Docket 12
None.
Debtor(s):
James Joseph Welker II Represented By Jeffrey N Wishman
Defendant(s):
James Joseph Welker II Represented By William J Smyth
Plaintiff(s):
Claudio Meier Represented By Bradford T Child
Brigitte Frank Meier Represented By Bradford T Child
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01092 Meier et al v. Welker, II
FR. 6-5-18
Docket 1
None.
Debtor(s):
James Joseph Welker II Represented By Jeffrey N Wishman
Defendant(s):
James Joseph Welker II Pro Se
Plaintiff(s):
Claudio Meier Represented By Bradford T Child
Brigitte Frank Meier Represented By Bradford T Child
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:16-01291
Mastan v. Jeffrey Licht & Associates, Inc. et al
Telephonic Hearing
Meghann Triplett to appear by telephone
Docket 127
None.
Debtor(s):
Avenue K1753, LLC Represented By Allan D Johnson
Defendant(s):
Jeffrey Licht & Associates, Inc. Pro Se
Jeffrey Licht Represented By
Lara R Shapiro
Plaintiff(s):
Peter J. Mastan Represented By Meghann A Triplett Jeremy Faith
Trustee(s):
Peter J Mastan (TR) Represented By Nina Z Javan
Meghann A Triplett
2:00 PM
fr 5-31-18
Docket 37
None.
Debtor(s):
Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson
2:00 PM
fr. 4-12-18; 5-31-18
Docket 4
None.
Debtor(s):
Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson
2:00 PM
Docket 52
None.
Debtor(s):
Old Firehouse of Pomona, LLC Represented By Benjamin Nachimson
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr. 4-26-17, 6-28-17, 8-2-17; 9-6-17; 12-13-17
fr 2-28-18; 4-18-18
Docket 47
- NONE LISTED -
Debtor(s):
Oscar Franco Represented By
Thomas B Ure
Joint Debtor(s):
Sarah Franco Represented By
Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr 2-14-18; 4-11-13
Docket 166
- NONE LISTED -
Debtor(s):
Oscar Eduardo Carmona Represented By Nicholas W Gebelt
Joint Debtor(s):
Evey Ibeth Carmona Represented By Nicholas W Gebelt
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-11-13
Docket 146
- NONE LISTED -
Debtor(s):
Gerald Lynn Warren Represented By
Michelle A Marchisotto Craig K Streed
Cynthia L Gibson Sundee M Teeple
Joint Debtor(s):
Robin Lillian Warren Represented By
Michelle A Marchisotto Craig K Streed
Cynthia L Gibson Sundee M Teeple
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18
Docket 46
- NONE LISTED -
Debtor(s):
Jesus Cardenas Represented By Leonard Pena
Joint Debtor(s):
Maria Dora Cardenas Represented By Leonard Pena
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 1-10-18; 2-28-18
fr 4-11-13
Docket 31
- NONE LISTED -
Debtor(s):
Mark Logan Represented By
Melissa A Clark Katherine Sandoval
Joint Debtor(s):
Patricia Logan Represented By Melissa A Clark Katherine Sandoval
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 10-18-17; 12-13-17; 2-28-18; 4-18-18
Docket 112
- NONE LISTED -
Debtor(s):
Lloyd Lawyer Walker Represented By
Michelle A Marchisotto
Joint Debtor(s):
Clarisa Gutierrez Jaime Represented By
Michelle A Marchisotto
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 11-15-17
fr 2-14-18
fr 4-11-13
Docket 41
- NONE LISTED -
Debtor(s):
Maria Isabel Ochoa Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-11-18
Docket 35
- NONE LISTED -
Debtor(s):
Janice Dean Lewis Represented By Todd J Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-11-18
Docket 35
- NONE LISTED -
Debtor(s):
David Alexander Sanchez Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-11-18
Docket 28
- NONE LISTED -
Debtor(s):
John Michael Opferman Represented By
Misty A Perry Isaacson
Joint Debtor(s):
Katherine Lucille Opferman Represented By
Misty A Perry Isaacson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-11-18
Docket 23
- NONE LISTED -
Debtor(s):
Teresita Requillas Orcini Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-18-18; 5-30-18
Docket 62
- NONE LISTED -
Debtor(s):
Mara Victoria Baygulova Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 87
- NONE LISTED -
Debtor(s):
Ricky Ray Thomas Represented By Kirk Brennan
Joint Debtor(s):
Maureen Anne McIntyre Represented By Kirk Brennan
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 86
- NONE LISTED -
Debtor(s):
Kennedy Dixon Represented By Caroline S Kim
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 77
- NONE LISTED -
Debtor(s):
Edwin Ernesto Lima Represented By
R Grace Rodriguez
Joint Debtor(s):
Judith Maribel Lima Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 59
- NONE LISTED -
Debtor(s):
Louie Jim Pagoulatos Represented By Brad Weil
Joint Debtor(s):
Rosemary Guzman Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
case due to material default 11 USC § 1307(c)
Docket 49
- NONE LISTED -
Debtor(s):
Joseph J Nichols Represented By Julius Johnson
Movant(s):
Joseph J Nichols Represented By Julius Johnson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 25
- NONE LISTED -
Debtor(s):
Maria Agnes Ahyong Miranda Represented By
Hasmik Jasmine Papian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
- NONE LISTED -
Debtor(s):
Lander Jethro Smith Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-1-17; 12-13-17; 2-28-18; 3-28-18; 5-16-18; 5-30-18
Docket 165
None.
Debtor(s):
Ca-Trece Roxanne Mas'sey Represented By Steven L Bryson
Movant(s):
Steven L. Bryson Represented By Steven L Bryson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
None.
Debtor(s):
Whitfield Derick Payne Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 20
None.
Debtor(s):
Khamshabe Koochof Represented By Matthew D Resnik
Joint Debtor(s):
Herachik Koochof Represented By Matthew D Resnik
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 22
No opposition was filed.
The debtors' objection to proof of claim ("Claim No. 2") filed with the court’s Claims Register by Capital One, is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 2 as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. Debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Fredy Coloma Represented By Rebecca Tomilowitz
Movant(s):
Fredy Coloma Represented By Rebecca Tomilowitz Rebecca Tomilowitz Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 5-30-18
Docket 35
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Movant(s):
Joseph Hoats Represented By
Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 5-30-18
Docket 37
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
fr. 5-31-18
Dane Exnowski to appear by telephone
Docket 105
None.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
10:00 AM
Telephonic Hearing
Robert J Allan to appear by telephone Ashley M McDow to appear by telephone
Docket 0
None.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
fr. 3-29-18; 5-3-18; 6-7-18
Docket 959
None.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Telephonic Hearing
Steven R Fox to appear by telephone
Docket 0
None.
Debtor(s):
Lucky Cats, Inc. Represented By Steven R Fox
10:00 AM
Docket 139
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
10:00 AM
Docket 143
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
Movant(s):
R & S Antiques, Inc. Represented By Victor A Sahn Victor A Sahn
10:00 AM
fr. 2-15-18; 3-1-17; 4-12-18, 5-10-18
Docket 101
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
10:00 AM
Adv#: 2:15-01467
Holy Hill Community Church et al v. Zemer et al
Telephonic Hearing
fr. 11-19-15; 12-15-15, 1-20-15, 3-22-16; 3-29-16
4-19-16, 6-21-16; 8-9-16; 11-8-16; 1-10-17; 2-2-17;
3-9-17; 6-13-17; 7-11-17, 8-1-17; 9-5-17; 10-10-17
11-14-17, 12-14-17, 1-18-18; 4-12-18
Lisa M Dale to appear by telephone
Docket 11
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Yuval Bar Zemer Represented By
Bernard D Bollinger Jr
1111 Sunset, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Downtown Capital, LLC Represented By
Bernard D Bollinger Jr
10:00 AM
Anthony J Napolitano
Carl Sohn Pro Se
Chan Hyo Tak Pro Se
Hae Hoon Owh Pro Se
Sung Yeol Yim Pro Se
Movant(s):
1111 Sunset Boulevard, LLC Represented By Jeffrey A Krieger
Plaintiff(s):
Holy Hill Community Church Represented By Andy Kong Richard T Baum
Reorganized Debtor, Holy Hill Represented By Andy Kong
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Adv#: 2:15-01467
Holy Hill Community Church et al v. Zemer et al
Telephonic Hearing
FR. 10-13-15; 12-15-15; 1-20-16, 3-22-16; 3-29-16, 6-21-16
8-9-16; 11-8-16; 1-10-17; 2-2-17,3-9-17; 6-13-17; 7-11-17,
8-1-17; 9-5-17; 10-10-17; 11-14-17, 12-14-17, 1-18-18
4-12-18
Lisa M Dale to appear by telephone
Docket 1
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Yuval Bar Zemer Represented By
Bernard D Bollinger Jr
1111 Sunset, LLC Represented By
Bernard D Bollinger Jr
10:00 AM
Anthony J Napolitano
Downtown Capital, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Carl Sohn Pro Se
Chan Hyo Tak Pro Se
Hae Hoon Owh Pro Se
Sung Yeol Yim Pro Se
Plaintiff(s):
Holy Hill Community Church Represented By Andy Kong Richard T Baum
Reorganized Debtor, Holy Hill Represented By Andy Kong
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Adv#: 2:16-01051
Laski v. Palisades Capital Partners, LLC et al
Telephonic Hearing
fr. 4-19-16, 6-21-16; 9-27-16; 11-8-16; 1-10-17
2-2-17, 3-9-17; 6-13-17
fr. 7-11-17; 8-17-17
Lisa M Dale to appear by telephone
Docket 1
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Palisades Capital Partners, LLC Pro Se
1111 Sunset Boulevard, LLC Pro Se
1111 Sunset, LLC Pro Se
Downtown Capital, LLC Pro Se
Metropolitan Water District of Pro Se
10:00 AM
Interested Party(s):
Courtesy NEF Represented By Richard T Baum
Plaintiff(s):
Richard J Laski Represented By Andy Kong
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:00 AM
Docket 84
At a hearing on May 31, 2018, the Court dismissed the debtor's case.
Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Alverna Stanley Represented By Phillip Myer
10:00 AM
Docket 337
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
To The Debtor And Debtor In Possession, For Allowance And Payment Of Compensation And Reimbursement Of Expenses
fr 6-7-18
Docket 171
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
10:00 AM
J Michael Issa to appear by telephone Lewis R Landau to appear by telephone
Docket 238
No opposition was filed.
The Court has reviewed the Application for Payment of Fees of Lewis
R. Landau. The court GRANTS the Application and awards $100,386.00 in fees and $613.25 in costs, for a total of $100,999.25, the unpaid balance of which is to be paid by the debtor. The Court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11
U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
Telephonic Hearing
J Michael Issa to appear by telephone Lewis R Landau to appear by telephone
Docket 239
On May 31, 2018, the U.S. Trustee filed a non-objection to the Fee Application, indicating that the applicant agreed to voluntarily reduce his requested fees by $1,260.00. Accordingly, the Court grants the Application with the reduction, as provided below.
The Court has reviewed the Application for Payment of Fees of Daniel
P. Hogan. After taking into account Applicant's voluntary reduction of his fees by $1,260.00, the Court GRANTS the Application and awards $46,020.00 in fees and $535.79 in costs, for a total of $46,555.79, the unpaid balance of which is to be paid by the debtor. The Court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11
U.S.C. § 330(a)(1). Appearances waived.
Applicant is to lodge an appropriate order.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
Telephonic Hearing
J Michael Issa to appear by telephone Lewis R Landau to appear by telephone
Docket 240
On May 31, 2018, the U.S. Trustee filed a non-objection to the Fee Application, indicating that the applicant agreed to voluntarily reduce its requested expenses by $66.56. Accordingly, the Court grants the Application with the reduction, as provided below.
The Court has reviewed the Application for Payment of Fees of GlassRatner Advisory & Capital Group, LLC. After taking into account Applicant's voluntary reduction of its expenses by $66.56, the Court GRANTS the Application and awards $62,785.25 in fees and $787.50 in costs, for a total of $63,572.75, the unpaid balance of which is to be paid by the debtor.
The Court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1).
Appearances waived.
Applicant is to lodge an appropriate order.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
Telephonic Hearing
J Michael Issa to appear by telephone Lewis R Landau to appear by telephone
Docket 241
On May 31, 2018, the U.S. Trustee filed a non-objection to the Fee Application, indicating that the applicant agreed to voluntarily reduce its requested expenses by $100.00. Accordingly, the Court grants the Application with the reduction, as provided below.
The Court has reviewed the Application for Payment of Fees of TroyGould, PC. After taking into account Applicant's voluntary reduction of its expenses by $100.00, the Court GRANTS the Application and awards
$27,934.50 in fees and $33.09 in costs. After deducting the amounts previously paid to counsel from the retainer, Applicant may receive payment of $11,630.59. Applicant shall apply the remaining retainer of $1,435.16 to this amount and may seek payment of the balance of $10,195.43 from the debtor. The Court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Applicant is to lodge an appropriate order.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
Telephonic Hearing
Ronk, APC For Compensation and Reimbursement of Expenses Creditor Comm. Atty
J Michael Issa to appear by telephone Lewis R Landau to appear by telephone
Docket 243
No opposition was filed.
The Court has reviewed the Application for Payment of Fees of Brinkman Portillo Ronk, APC. The Court GRANTS the Application and awards $22,632.00 in fees and $709.55 in costs, for a total of $23,341.55, the unpaid balance of which is to be paid by the debtor. The Court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Applicant is to lodge an appropriate order.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
fr. 5-10-18, 6-5-18
Docket 12
Debtor(s):
Johnnie Fields Represented By Nima S Vokshori
Movant(s):
Johnnie Fields Represented By Nima S Vokshori
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephone Appearances:
Lauren A Deeb Heartland Payment Systems, Inc Michael Gerard Fletcher: Preferred Bank
Shanna Kaminski EBF Partners LLC
Gregory Taube Hartland Payment Systems
Docket 27
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
2:00 PM
Telephonic Hearing
and Approving Form of Chapter 11 Administrative Proof of Claim
Sharon Z Weiss to appear by telephone
Docket 319
No opposition having been filed, and good cause presented, the motion is GRANTED. The Trustee shall lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Ambra Bisconti Represented By Daren M Schlecter Michael Jay Berger
Trustee(s):
Peter J Mastan (TR) Represented By Sharon Z. Weiss
10:00 AM
fr 6-12-18
Docket 15
None.
Debtor(s):
Monette Marialuz Garcia Tabamo Represented By
Jessica E Rico
Movant(s):
Monette Marialuz Garcia Tabamo Represented By
Jessica E Rico
Trustee(s):
Nancy K Curry (TR) Pro Se
11:00 AM
Telephonic Hearing
fr 5-29-18, 6-7-18
Docket 2
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
ROGELIO ANDRADE VS
DEBTOR
Docket 32
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtors and the debtors' bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtors with a three-day notice to quit the premises on January 9, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on January 17, 2018. Debtors filed the bankruptcy petition on March 2, 2018 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future
10:00 AM
cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Francis Xavier M. Garcia Represented By
James Geoffrey Beirne
Joint Debtor(s):
Therese Marie Castro Garcia Represented By
James Geoffrey Beirne
Movant(s):
Rogelio Andrade Represented By Alfred O Anyia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DAIMLER TRUST VS
DEBTOR
Docket 29
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtors' 2017 Mercedes-Benz C300W. The debtors have failed to pay 3 post-petition payments. Also, the debtors have not provided movant with proof of insurance on the vehicle. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Francis Xavier M. Garcia Represented By
James Geoffrey Beirne
10:00 AM
Joint Debtor(s):
Therese Marie Castro Garcia Represented By
James Geoffrey Beirne
Movant(s):
Daimler Trust Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
L BROTHERS INVESTMENT GROUP INC VS
DEBTOR
Docket 15
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. Appearances waived.
Movant's predecessor-in-interest completed a nonjudicial foreclosure sale on the real property formerly owned by, and still occupied by, the debtor. Under California law, once a nonjudicial foreclosure sale has occurred, the trustor has no right of redemption. Moeller v. Lien, 25 Cal. App. 4th 822, 831 (1994). In this case, the debtor has no right to ignore the foreclosure and attempt to reorganize the debt.
Movant served the debtor with a three-day notice to quit the premises on November 3, 2017. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on March 19, 2018. Debtor filed the bankruptcy petition on May 10, 2018 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order
10:00 AM
shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Sua Tuimalealiifano Pro Se
Movant(s):
L Brothers Investment Group Inc Represented By
Laurie Howell
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK, N.A. VS
DEBTOR FR. 5-22-18
Stipulation for adequate protection filed 6/25/18
Docket 27
None.
Debtor(s):
Devon Anthony Mendes Represented By Barry E Borowitz
Movant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Jamie D Hanawalt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FORD MOTOR CREDIT COMPANY LLC VS
DEBTOR fr 6-5-18
Docket 23
None.
Debtor(s):
Teresa Lombera Represented By Christopher J Langley
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CAB WEST, LLC VS
DEBTOR
Docket 44
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of the debtors' 2015 Ford C-Max Energi. Based on the evidence presented, the lease matured on May 3, 2018, and to date, the debtors have not returned the vehicle to Movant or exercised their option to purchase the vehicle. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Dik Arthur Johnson Represented By Steven A Alpert
10:00 AM
Joint Debtor(s):
Donna Johnson Represented By Steven A Alpert
Movant(s):
Cab West, LLC Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BANK OF AMERICA, N.A. VS
DEBTOR
Docket 34
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtors' 2013 Mercedes-Benz C250. The debtors have failed to pay 3 post- petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Percival D Clarito Represented By William J Smyth
Andrew Edward Smyth
10:00 AM
Joint Debtor(s):
Rosanna D Clarito Represented By William J Smyth
Andrew Edward Smyth
Movant(s):
Bank of America, N.A. Represented By Megan E Lees
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
SPECIALIZED LOAN SERVICING LLC VS
DEBTOR fr. 6-5-18
Stipulation to settled filed 6/22/18
Docket 33
None.
Debtor(s):
Hector Manuel Cardenas Represented By Dina Farhat
Joint Debtor(s):
Silvia Cardenas Represented By Dina Farhat
Movant(s):
Specialized Loan Servicing LLC Represented By
Erin M McCartney Mark S Krause
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SEVICING, LLC VS
DEBTOR fr. 5-15-18
Docket 211
Pursuant to the parties' stipulation filed on June 12, 2018 at Docket No. 221, this matter is CONTINUED to August 28, 2018 at 10:00 a.m. The Court will enter an order approving the stipulation. Appearances waived.
Debtor(s):
George G Washington Represented By Julie J Villalobos Alan W Forsley
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Sam S Leslie (TR) Represented By Leonard M Shulman Rika Kido
10:00 AM
PNC BANK NATIONAL ASSOCIATION VS
DEBTOR
fr. 5-1-18; 6-5-18
Docket 29
None.
Debtor(s):
Armando Diaz Represented By Christopher J Langley
Movant(s):
PNC Bank, National Association, its Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY VS
DEBTOR
Docket 44
None.
Debtor(s):
Kapila Liyanage Represented By Todd J Roberts
Movant(s):
Deutsche Bank National Trust Represented By Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 52
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Arturo Nila Represented By
Julie J Villalobos
Movant(s):
U.S. Bank National Association, as Represented By
10:00 AM
Trustee(s):
Daniel K Fujimoto Caren J Castle
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK TRUST, N.A. VS
DEBTOR
Docket 56
None.
Debtor(s):
Jorge Reyes Represented By
Brad Weil
Movant(s):
U.S. Bank Trust, N.A., as Trustee for Represented By
Merdaud Jafarnia Madison C Wilson
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY VS
DEBTOR
Docket 38
On May 31, 2018, Debtor filed a notice of non-opposition to the motion.
Accordingly, the Court grants Movant's requested relief as provided below.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 8 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Wilbert Bradford Jr Represented By Andrew Moher
10:00 AM
Movant(s):
Deutsche Bank National Trust Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK NATIONAL ASSOCIATION
VS DEBTOR
Docket 67
On June 13, 2018, the Court entered an order granting Debtor's motion to sell the subject real property (Docket No. 71). Pursuant to such order, Movant is to be paid in full from the proceeds of the sale. Accordingly, Movant's motion is DENIED as moot. Appearances waived.
Debtor(s):
Andrew Babakhanlou Represented By Matthew D Resnik Kevin T Simon
Movant(s):
JPMorgan Chase Bank, National Represented By
Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 33
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay 23 post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when
10:00 AM
conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Raul Alberto Dominguez Represented By Ali R Nader
Movant(s):
U.S. Bank National Association, as Represented By
Angie M Marth
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CARRINGTON MORTGAGE SERVICES VS
DEBTOR
Docket 18
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Alba Yanira Flores Represented By Joshua L Sternberg
10:00 AM
Movant(s):
Carrington Mortgage Services, LLC, Represented By
Diana Torres-Brito
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 14
Debtor's case was dismissed on May 21, 2018; however, because movant has requested in rem relief, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2
10:00 AM
years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Erlinda V Baldwin Pro Se
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ALAN S VERTUN, WILLIAM &BARBARA SCHMIDT, JANICE WASSERMAN AND JEFFREY CONSTINE
VS DEBTOR
Docket 14
The motion is DENIED pursuant to 11 U.S.C. § 362(d)(1) and (d)(4). Movant failed to demonstrate sufficient cause for relief from the automatic stay, as Debtor is delinquent by only one post-petition payment to Movant. Further, Debtor has only one prior bankruptcy case, which is not sufficient evidence of bad faith or an intent to hinder, delay, or defraud Movant under § 362(d)(4).
Movant shall lodge an appropriate order via the Court’s LOU system.
Debtor(s):
Eldon Gripper Pro Se
Movant(s):
Alan S Vertun, William Schmidt and Represented By
Julian K Bach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CRESCENT CAPITAL HOLDINGS, LLC VS
DEBTOR
Docket 16
- NONE LISTED -
Debtor(s):
Sergio Moreno Morales Represented By Kevin Tang
Movant(s):
Crescent Capital Holdings, LLC Represented By Amy E Martinez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CRESCENT CAPITAL HOLDINGS, LLC VS
DEBTOR
Docket 9
Debtor's case was dismissed on June 12, 2018; however, because movant has requested in rem relief, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval . 11 U.S.C. § 362(d)(4). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there
10:00 AM
"appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Sergio Moreno Morales Represented By Kevin Tang
Movant(s):
Crescent Capital Holdings, LLC Represented By Amy E Martinez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
LEA SULLIVAN VS
DEBTOR
Docket 66
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. Accordingly, the Court takes this matter OFF CALENDAR for non-receipt of a Judge's Copy. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion.
Appearances waived.
Debtor(s):
John Paul Kouri Represented By Michael F Frank
Movant(s):
Lea Sullivan Represented By
Donald A Hayes
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 11
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on May 21, 2018. This motion was filed on May 25, 2018 and was noticed for a hearing on June 26, 2018, which falls outside the 30-day period following the filing of the petition. The motion is untimely.
Accordingly, this motion is DENIED. Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Bruce Carl Hightower Represented By Brad Weil
Movant(s):
Bruce Carl Hightower Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SANTANDER CONSUMER USA INC VS
DEBTOR
Docket 27
No opposition was filed. The Court takes judicial notice of the Chapter 7 debtor’s Statement of Intention filed in this case on April 25, 2018 in which the debtor stated an intention to surrender the property to movant.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $38,600.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $41,356.19. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. Also, the debtor has not provided movant with proof of insurance on the subject property. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
10:00 AM
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to
the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
Debtor(s):
The movant shall submit an appropriate order.
James Zeke Zambarelli Represented By
D Justin Harelik
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY, FSB VS
DEBTOR
Docket 107
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the Court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject real property has a value of $785,000.00 and is encumbered by a perfected deed of trust or mortgage in favor of the movant. The liens against the property total $914,443.25. The Court finds there is no equity and there is no evidence that the trustee can administer the subject real property for the benefit of creditors.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU
system.
Debtor(s):
Steven Massei Represented By
Andrew Edward Smyth
Joint Debtor(s):
Martha Massei Represented By
Andrew Edward Smyth
Movant(s):
Wilmington Savings Fund Society, Represented By
Michelle R Ghidotti Kristin A Zilberstein
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
fr. 1-9-18, 3-6-18; 5-15-18
Docket 32
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
Movant(s):
Wells Fargo Bank, N.A. Represented By Darlene C Vigil Brandye N Foreman
10:00 AM
STONEHAVEN LLC VS
DEBTOR fr. 6-12-18
Docket 33
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Movant(s):
Stonehaven LLC Represented By Michael H Weiss
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr 6-12-18
Docket 72
None.
Debtor(s):
Jamie Georgia Armstead Represented By James C Shields
Movant(s):
U.S. Bank National Association Represented By Sean C Ferry
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
FLS REALTY, LLC VS
DEBTOR fr 6-12-18
Docket 23
Debtor(s):
Paula Andro Represented By
Roseann Frazee
Movant(s):
FLS Realty, LLC Represented By Martin W. Phillips
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 26
Debtor(s):
Paula Andro Represented By
Roseann Frazee
Trustee(s):
Nancy K Curry (TR) Pro Se
11:00 AM
fr 5-29-18
Docket 13
None.
Debtor(s):
Erika Acuna Marasigan Represented By Yelena Gurevich
Joint Debtor(s):
Rolando Aguila Marasigan Represented By Yelena Gurevich
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
fr 5-29-18
Docket 9
None.
Debtor(s):
William Ashby Represented By Julie J Villalobos
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
fr 5-29-18
Docket 16
None.
Debtor(s):
Larry Paul Lewis Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
fr. 3-29-18; 5-3-18; 6-7-18; 6-14-18
Docket 959
Pursuant to the parties' stipulation filed on June 25, 2018 (Docket No. 1010), this matter is CONTINUED to July 19, 2018 at 10:00 a.m. The Court will enter an order approving the stipulation. Appearances waived.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
2:00 PM
Adv#: 2:18-01114 Trickel et al v. Dayer
Docket 1
None.
Debtor(s):
Aneleh Christine Dayer Represented By
D Justin Harelik
Defendant(s):
Aneleh Christine Dayer Pro Se
Plaintiff(s):
Francis W. Trickel Represented By
J. Bennett Friedman
Mary E. Trickel Represented By
J. Bennett Friedman
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:17-01511
Acevedo et al v. Cruz
Telephonic Hearing
fr. 1-9-18; 3-6-18; 4-3-18
Docket 1
None.
Debtor(s):
Eddy J Cruz Represented By
Edwing F Keller
Defendant(s):
Eddy J Cruz Pro Se
Plaintiff(s):
Rosa Acevedo Represented By David Brian Lally
Jaime Avila Represented By
David Brian Lally
Carlos Enriquez Represented By David Brian Lally
America Hernandez Represented By David Brian Lally
Patricia Hernandez Represented By David Brian Lally
2:00 PM
Maria Guadalupe Ramos Represented By David Brian Lally
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01093 Wike v. Hong
Docket 3
None.
Debtor(s):
Michael T Hong Represented By Young K Chang
Defendant(s):
Michael T Hong Pro Se
Plaintiff(s):
Chalmers Wike Represented By Marc Lazarus
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:18-01093 Wike v. Hong
FR. 6-5-18
Docket 1
None.
Tentative Ruling of 6/5/18:
The parties should be prepared to explain why they should not be sanctioned pursuant to Local Bankruptcy Rule 7016-1(a) for failure to file a status report in advance of this status conference.
Further, Plaintiff should be prepared to explain why he has still failed to comply with Federal Rule of Bankruptcy Procedure 7004(e), which requires a plaintiff to serve the summons and complaint on the defendant(s) within 7 days of the date the summons is issued and why the adversary proceeding should not be dismissed for lack of prosecution.
Debtor(s):
Michael T Hong Represented By Young K Chang
Defendant(s):
Michael T Hong Pro Se
Plaintiff(s):
Chalmers Wike Represented By Marc Lazarus
2:00 PM
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:18-01059 Sheppard v. Galadzhyan et al
Docket 10
None.
Debtor(s):
Shawn Dean Sheppard Represented By Donald E Iwuchuku
Defendant(s):
Akop Galadzhyan Pro Se
DOES 1 through 10, inclusive Pro Se
Movant(s):
Shawn Sheppard Represented By Donald E Iwuchuku
Plaintiff(s):
Shawn Sheppard Represented By Donald E Iwuchuku
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01059 Sheppard v. Galadzhyan et al
determine the extend and validity of lien on real property
cancellation of deed; and
declaratory relief
Clerk Has Entered Default Against Defendant(s) AKOP GALADZHYAN on 5/15/2018
fr. 5-15-18
Docket 1
None.
Debtor(s):
Shawn Dean Sheppard Represented By Donald E Iwuchuku
Defendant(s):
Akop Galadzhyan Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Shawn Sheppard Represented By Donald E Iwuchuku
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01101 Cash4Cases, Inc. v. Hoats
Docket 1
- NONE LISTED -
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Defendant(s):
Joseph M Hoats Pro Se
Plaintiff(s):
Cash4Cases, Inc. Represented By David Brian Lally
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01142 Hoats v. Briceno
Docket 1
At a hearing held on May 15, 2018, the court CONTINUED this status conference to July 10, 2018 at 2:00 p.m. Plaintiff was ordered to serve notice of the continued hearing.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Defendant(s):
Maria Felix Briceno Pro Se
Plaintiff(s):
Lilian Demonteverde Hoats Represented By Lilian D Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr 10-18-17; 12-13-17; 1-31-18; 3-28-18; 5-30-18
Docket 78
- NONE LISTED -
Debtor(s):
James A Baltutis Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
fr 10-11-17; 11-15-17; 1-31-18; 2-28-18; 4-18-18
Docket 124
- NONE LISTED -
Debtor(s):
Alejandro Ponce Represented By Peter L Lago
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-18-17; 12-13-17; 1-31-18; 3-28-18; 5-30-18
Docket 44
- NONE LISTED -
Debtor(s):
Monique M. Adams Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18
Docket 126
- NONE LISTED -
Debtor(s):
Jose Reynaldo Aquino Represented By Christopher J Lauria
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
fr. 9-20-17;11-15-17; 12-13-17; 1-31-18; 3-28-18; 4-18-18
Docket 89
- NONE LISTED -
Debtor(s):
Paul Nelson Represented By
Devin Sawdayi
Joint Debtor(s):
Linda Nelson Represented By
Devin Sawdayi Barry E Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
U.S.C. §1307(c)
fr. 9-20-17; 11-15-17; 1-31-18; 3-28-18; 4-18-18
Docket 60
- NONE LISTED -
Debtor(s):
Inna Dmitriev Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-11-18
Docket 75
- NONE LISTED -
Debtor(s):
Yeng Song Represented By
Hasmik Jasmine Papian
Joint Debtor(s):
Mai Lee Song Represented By
Hasmik Jasmine Papian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18; 5-16-18
Docket 26
- NONE LISTED -
Debtor(s):
Abraham Christopher Silva Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18; 4-18-18
Docket 68
- NONE LISTED -
Debtor(s):
Vilma Reginaldo Sakha Represented By Brad Weil Arlene M Tokarz
Joint Debtor(s):
Sahat Manafpour Sakha Represented By Brad Weil Arlene M Tokarz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18
Docket 77
- NONE LISTED -
Debtor(s):
Edwin Ernesto Lima Represented By
R Grace Rodriguez
Joint Debtor(s):
Judith Maribel Lima Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18
Docket 71
- NONE LISTED -
Debtor(s):
Everil Lynette Nelson Represented By Tyson Takeuchi Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18
Docket 56
- NONE LISTED -
Debtor(s):
Michael Eric Hoggatt Represented By Peter M Lively
Joint Debtor(s):
Verna Hoggatt Represented By Peter M Lively
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-15-17; 1-31-18; 3-28-18; 4-18-18
Docket 35
- NONE LISTED -
Debtor(s):
Alma Lileana Polanco Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 6-28-17, 8-2-17; 8-23-17; 9-6-17; 9-20-17;
11-15-17, 1-10-18, 3-7-18; 5-16-18
Docket 34
- NONE LISTED -
Debtor(s):
Reid Jeffrey Osherow Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18
Docket 25
- NONE LISTED -
Debtor(s):
Jason Matsu Represented By
Daren M Schlecter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18
Docket 37
- NONE LISTED -
Debtor(s):
Juan Jose Soria Jimenez Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Maria Del Carmen Duran Jimenez Represented By
Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18
Docket 25
- NONE LISTED -
Debtor(s):
Noranece Monique Roberts- Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18
Docket 40
- NONE LISTED -
Debtor(s):
Deborah Howlett Anderson Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18
Docket 40
- NONE LISTED -
Debtor(s):
Trina Lanette Ward Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18; 4-18-18
Docket 22
- NONE LISTED -
Debtor(s):
Lorena Maccioni Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18
Docket 26
- NONE LISTED -
Debtor(s):
Claudia Leyva Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 47
- NONE LISTED -
Debtor(s):
Pete Ruben Salceda Represented By Frank X Ruggier Steven A Alpert
Joint Debtor(s):
Cindy Elizabeth Salceda Represented By Frank X Ruggier Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 67
- NONE LISTED -
Debtor(s):
John Darmozadeh Represented By Michael Poole
Joint Debtor(s):
Hilda Darmozadeh Represented By Michael Poole
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 115
- NONE LISTED -
Debtor(s):
Richard Pacheco Represented By Vernon R Yancy
Joint Debtor(s):
Elva Bernice Pachero Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 85
- NONE LISTED -
Debtor(s):
Milton Roberto Gonzalez Represented By Barry E Borowitz
Joint Debtor(s):
Georgina Mercedes Gonzalez Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 90
- NONE LISTED -
Debtor(s):
Zoila Mercedes Salazar Represented By Jeffrey N Wishman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
- NONE LISTED -
Debtor(s):
Margaret E Jones Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 69
- NONE LISTED -
Debtor(s):
David D. R. Hernandez Represented By Peter M Lively
Joint Debtor(s):
Donna Kaye Hernandez Represented By Peter M Lively
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 38
- NONE LISTED -
Debtor(s):
Ivis Lenard Byles Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 49
- NONE LISTED -
Debtor(s):
Shana Rae Kelly Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 46
- NONE LISTED -
Debtor(s):
Ricardo Ramos Represented By Luis G Torres
Joint Debtor(s):
Lucina Ramos Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 45
- NONE LISTED -
Debtor(s):
Jose Gutierrez Represented By Lauren Rode Yelena Gurevich
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 29
- NONE LISTED -
Debtor(s):
Ricardo Frankie Barboza Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 99
- NONE LISTED -
Debtor(s):
Angela D Walton Represented By Matthew D Resnik
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 5-24-17, 8-2-17; 9-20-17; 11-15-17; 12-13-17; 2-14-18
4-18-18
Docket 88
- NONE LISTED -
Debtor(s):
Angela D Walton Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 55
- NONE LISTED -
Debtor(s):
Asfren Ibanez Bautista Represented By Gregory M Shanfeld
Joint Debtor(s):
Tricia Louise Bautista Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18
Docket 49
- NONE LISTED -
Debtor(s):
Asfren Ibanez Bautista Represented By Gregory M Shanfeld
Joint Debtor(s):
Tricia Louise Bautista Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 27
None.
Debtor(s):
Archie Clore Pope Represented By James C Shields
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Real Time Resolution fr. 5-16-18
Docket 39
Debtor(s):
Marvell Lenox Tell Jr. Represented By Roseann Frazee
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 109
No opposition having been filed, and good cause presented, the motion is GRANTED. Debtor's Chapter 13 case is hereby reopened for the limited purpose of allowing Debtor to seek amendment of the Court's order of August 1, 2016 (Docket No. 106). If, 30 days after the case is reopened, no motion requesting such amendment is pending and no trustee has been ordered appointed, the case may be closed without further notice.
Debtor shall lodge an appropriate order. Appearances waived.
Debtor(s):
Mildred W. Benson Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
Docket 27
None.
Debtor(s):
Hermila Flores Rueda Represented By Michael E Clark
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 50
None.
Debtor(s):
Gloria Martinez Represented By William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18
Docket 58
- NONE LISTED -
Debtor(s):
Jaime Rene Anaya Represented By Steven A Wolvek
Joint Debtor(s):
Paula Oralia Anaya Represented By Steven A Wolvek
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18; 3-28-18; 5-30-18
Docket 60
None.
Debtor(s):
Jaime Rene Anaya Represented By Steven A Wolvek
Joint Debtor(s):
Paula Oralia Anaya Represented By Steven A Wolvek
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 43
None.
Final Ruling:
This motion has been set for hearing on the notice required by LBR 4001(c)(1) and LBR 9013-1(d)(2). The failure of any party in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 90913-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further,
because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir.
2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Debtor seeks to value debtor’s residence at a fair market value of
$397,000 as of February 1, 2018. The subject property is encumbered by a first deed of trust lien held by U.S. Bank, N.A., securing a loan with a balance as of the petition date of approximately $558,162.58 and a second deed of trust held by Deutsche Bank National Trust Company, securing a loan with a balance as of the petition date of approximately $100,549.32. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339
U.S. 306, 314 (1950). No opposition was filed. Therefore, Deutsche Bank’s claim secured by a junior deed of trust lien is completely under-collateralized.
1:30 PM
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan or the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan or upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Juan Ramirez-Juarez Represented By
Jessica De Anda Leon
Joint Debtor(s):
Marisela Ramirez-Flores Represented By
Jessica De Anda Leon
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
No opposition was filed.
The debtor's objection to proof of claim ("Claim No. 6") filed with the court’s Claims Register by LVNV Funding, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Accordingly, the Court disallows Claim No. 6, as the four- year statute of limitations has expired on the account under California Code of Civil Procedure Section 337.
With respect to the debtor's evidentiary objections to Claim No. 6, the Court OVERRULES those objections.
The debtor shall submit an appropriate order. Appearances waived.
Debtor(s):
Manuel Adrian Lopez Jr. Represented By Omar Zambrano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 19
The Chapter 13 trustee's ("Trustee") objection references Debtor's First Amended Schedule C, filed on March 27, 2018 (Docket No. 17). After the Trustee filed the objection, Debtor filed a Second Amended Schedule C on June 7, 2018. See Docket No. 24. Debtor did not file any other pleading in response to the Trustee's objection.
Because Debtor's Second Amended Schedule C still fails to resolve the Trustee's objection, the Court SUSTAINS the objection. In the First Amended Schedule C, Debtor is not permitted to claim the wildcard exemption in the amount of $20,129 under CCP § 703.140(b)(5), as this amount exceeds the statutory maximum. Although Debtor filed a Second Amended Schedule C, presumably to resolve that issue, Debtor still claims a wildcard exemption in the amount of $5,929.00, which still exceeds the statutory maximum set forth in CCP § 703.140(b)(5).
The Trustee shall submit an appropriate order.
Debtor(s):
Juan Carlos Gonzalez Represented By Michael D Luppi
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Preferred Physicians. in the amount of $ 2175.88
Jeffrey B Smith to appear by telephone
Docket 28
No opposition was filed.
The debtor's objection to proof of claim ("Claim No. 1") filed with the Court’s Claims Register by Cavalry SPV I, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The Court disallows Claim No. 1, as the four-year statute of limitations has expired on the account under California Code of Civil Procedure Section 337. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Patricia Rodriguez Represented By Jeffrey B Smith
Movant(s):
Patricia Rodriguez Represented By Jeffrey B Smith
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Jeffrey B Smith to appear by telephone
Docket 30
No opposition was filed.
The debtor's objection to proof of claim ("Claim No. 2") filed with the Court’s Claims Register by Cavalry SPV I, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The Court disallows Claim No. 2, as the four-year statute of limitations has expired on the account under California Code of Civil Procedure Section 337. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Patricia Rodriguez Represented By Jeffrey B Smith
Movant(s):
Patricia Rodriguez Represented By Jeffrey B Smith
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Jeffrey B Smith to appear by telephone
Docket 29
No opposition was filed.
The debtor's objection to proof of claim ("Claim No. 6") filed with the Court’s Claims Register by Merrick Bank is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The Court disallows Claim No. 6, as the four-year statute of limitations has expired on the account under California Code of Civil Procedure Section 337. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Patricia Rodriguez Represented By Jeffrey B Smith
Movant(s):
Patricia Rodriguez Represented By Jeffrey B Smith
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
as assignee of GE Money Bank. in the amount of $ 1,362.11
Jeffrey B Smith to appear by telephone
Docket 31
No opposition was filed.
The debtor's objection to proof of claim ("Claim No. 7") filed with the Court’s Claims Register by LVNV Funding, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The Court disallows Claim No. 7, as the four-year statute of limitations has expired on the account under California Code of Civil Procedure Section 337. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Patricia Rodriguez Represented By Jeffrey B Smith
Movant(s):
Patricia Rodriguez Represented By Jeffrey B Smith
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Jeffrey B Smith to appear by telephone
Docket 27
- NONE LISTED -
Debtor(s):
Patricia Rodriguez Represented By Jeffrey B Smith
Movant(s):
Patricia Rodriguez Represented By Jeffrey B Smith
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr. 1-18-18; 4-5-18
Docket 1
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 91
None.
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
10:00 AM
Docket 0
None.
Debtor(s):
Asher Wagh Represented By
Michael Jay Berger
10:00 AM
Debtor's Attorney
fr 3-29-18,5-3-18; 5-31-18
Docket 193
None.
Tentative Ruling of 5/31/18:
Debtor's counsel is to explain why a declaration of debtor was not filed with the application. Further, the application seeks approval of fees and expenses incurred after the confirmation date. The plan provides for fee applications for fees incurred through confirmation. The Court will not rule on fees incurred post-confirmation. Those are payable by the debtor based upon an agreement between the debtor and counsel. Further, the Court will not approve fees included in the categories "Billable work" and "Other Miscellaneous". These do not comply with the requirements for fee applications. Counsel should be prepared to address these issues.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
fr. 1-18-18; 5-3-18
Docket 193
None.
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
Movant(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
Docket 0
None.
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
Docket 0
None.
Debtor(s):
Hector Ocegueda Represented By
M Jonathan Hayes
10:00 AM
Telephone Appearances: LISTEN ONLY
Taylor B Harrison Mergemarket
Shane J Moses Netflix
Michael B Reynolds California Physicians Service
Jennifer M Cecil Medley Capital and Medley Opportunity Fund
Carey D Schreiber Medley Capital
Docket 232
Pursuant to the Court's order of June 22, 2018 (Docket No. 278), this matter is CONTINUED to August 23, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
fr. 12-14-17; 5-17-18, 5-10-18
Docket 15
Pursuant to the Court's order of June 22, 2018 (Docket No. 278), this matter is CONTINUED to August 23, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
2:00 PM
Jason M. Rund
Docket 72
None.
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Jason M. Rund. Jason M. Rund ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $5,250.00 in expenses. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys
2:00 PM
in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $45,000. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Hahn Fife & Company LLP. The court has reviewed the Application of Hahn Fife & Company LLP for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $1,000.00 in fees. No reimbursement of costs was requested. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Trustee is to lodge an appropriate order.
Debtor(s):
Yesenia Gomez Represented By Heather J Canning
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 207
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
SANTANDER CONSUMER USA INC VS
DEBTOR
Docket 39
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor of the the debtor's 2015 Jeep Patriot. Based on the evidence presented, the lease matured on May 17, 2018, and the debtor voluntarily returned the vehicle to Movant. Movant now wishes to exercise its non-bankruptcy remedies to dispose of the vehicle. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Maria Luisa Viramontes Represented By
10:00 AM
Movant(s):
Raymond J Seo
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BMW BANK OIF NORTH AMERICA VS
DEBTOR
Docket 36
None.
Debtor(s):
Percival D Clarito Represented By William J Smyth
Andrew Edward Smyth
Joint Debtor(s):
Rosanna D Clarito Represented By William J Smyth
Andrew Edward Smyth
Movant(s):
BMW Bank of North America Represented By Bret D. Allen
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, NATIONAL ASSOCIATION VS
DEBTOR fr. 5-22-18
Docket 32
Debtor(s):
Beatriz Raya Represented By
Nicholas M Wajda
Movant(s):
Wells Fargo Bank, National Represented By Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR fr. 5-22-18
Docket 44
None.
Tentative Ruling of 5/22/18:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Armando Ramos Jr. Represented By Scott Kosner
Joint Debtor(s):
Yvette Ramos Represented By Scott Kosner
Movant(s):
WELLS FARGO BANK, N.A. Represented By Teosa L Peterson Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR
Docket 44
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 8 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Shawn Dean Sheppard Represented By Donald E Iwuchuku
Movant(s):
The Bank Of New York Mellon Fka Represented By
10:00 AM
Trustee(s):
Erin M McCartney
Nancy K Curry (TR) Pro Se
10:00 AM
FREEDOM MORTGAGE CORPORATION VS
DEBTOR
Docket 26
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Valerie M Molina Represented By Stephen S Smyth William J Smyth
10:00 AM
Movant(s):
Freedom Mortgage Corporation Represented By John D Schlotter
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FINANCIAL SERVICES VEHICLE TRUST VS
DEBTOR
Docket 30
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of the debtor's 2014 BMW 3 Series Sedan. Based on the evidence presented, the lease terminated on May 27, 2017, and to date, the debtor has not returned the vehicle to Movant or exercised his option to purchase the vehicle. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Emile Auguste Jr. Represented By Roseann Frazee
10:00 AM
Movant(s):
Financial Services Vehicle Trust Represented By
Bret D. Allen
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
EAST WEST BANK VS
DEBTOR
Case dismissed 5/14/18
Docket 11
Debtor's case was dismissed on May 14, 2018; however, because movant has requested in rem relief, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not
10:00 AM
specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Chan Hee Oh Pro Se
Movant(s):
East West Bank Represented By William Malcolm
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 7
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on June 8, 2018. This motion was filed on June 12, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ricardo Guerra Represented By Gregory M Shanfeld
Movant(s):
Ricardo Guerra Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
RUTILIO GONZALEZ VS
DEBTOR
Docket 18
None.
Debtor(s):
Marco A. Lopez Represented By Sam Benevento
Joint Debtor(s):
Mary Lou Lopez Represented By Sam Benevento
Movant(s):
Rutilio Gonzalez Represented By
MavEryck Langford Stevenson
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
COMPTON UNIFIED SCHOOL DISTRICT VS
DEBTOR
Docket 73
- NONE LISTED -
Debtor(s):
Marvell Lenox Tell Jr. Represented By Roseann Frazee
Movant(s):
Compton Unified School District Represented By
Colin E Barr
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 18
This bankruptcy case was converted to a case under chapter 7 of the Bankruptcy Code on June 13, 2018. Accordingly, the motion is taken OFF CALENDAR. Moving party must reschedule the hearing, and serve the motion and notice of the new hearing on the chapter 7 trustee. Appearances waived.
Debtor(s):
Ana Delgado Pro Se
Movant(s):
Wells Fargo Bank, N.A. Represented By
Dane W Exnowski
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
fr. 4-10-18; 5-15-18; 6-5-18
Docket 16
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
10:00 AM
ROSENDO GONZALEZ VS
DEBTOR
Docket 25
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed with Gonzalez v. Leon Cruz, which is an adversary proceeding currently pending in the debtor's prior Chapter 7 case and involving the debtor's purported interest in certain real property. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue).
Here, the Court finds cause to permit the pending litigation to be concluded. Movant may proceed to final judgment (including any appeals) in accordance with applicable law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or estate property, except for filing of a Proof of Claim and/or timely bringing a non-dischargeability adversary proceeding.
10:00 AM
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
This order shall be binding and effective despite any conversion of the bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Manuel J. Leon Jr. Represented By Jacqueline D Serrao
Movant(s):
Rosendo Gonzalez Represented By Jeffrey S Shinbrot
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
EAST WEST BANK VS
DEBTOR
Case dismissed 6/11/18
Docket 8
Debtor's case was dismissed on June 11, 2018; however, because movant has requested in rem relief, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing
10:00 AM
of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl.
Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Jae Hyun Oh Pro Se
Movant(s):
East West Bank Represented By William Malcolm
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01101 Cash4Cases, Inc. v. Hoats
Statement; Request for an Evidentiary Hearing to determine non-admissibility of settlement negotiations and attempted introduction of inchoate proposed settlement documents by Plaintiff in its Complaint and to strike introduction of same
Docket 4
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Defendant(s):
Joseph M Hoats Pro Se
Plaintiff(s):
Cash4Cases, Inc. Represented By David Brian Lally
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01101 Cash4Cases, Inc. v. Hoats
fr. 6-26-18
Docket 1
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Defendant(s):
Joseph M Hoats Pro Se
Plaintiff(s):
Cash4Cases, Inc. Represented By David Brian Lally
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01101 Cash4Cases, Inc. v. Hoats
Docket 6
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Defendant(s):
Joseph M Hoats Represented By Joseph M Hoats
Plaintiff(s):
Cash4Cases, Inc. Represented By David Brian Lally
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Stipulation re dismissal of Chapter 11 Case filed 6/20/18
Docket 15
At a status conference on June 28, 2018, pursuant to the stipulation between the U.S. Trustee and the debtor (Docket No. 22), the Court dismissed the debtor's Chapter 11 case with a one-year bar against refiling. Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Asher Wagh Represented By
Michael Jay Berger
10:00 AM
Telephonic Hearing
Robert K Lee to appear by telephone
Docket 123
Debtor has not indicated the status of the payments to be made under the plan. Debtor must provide a declaration that states what payments have been made and what payments have not been made.
Debtor(s):
Yung Ok Lee Represented By
Robert K Lee
10:00 AM
fr. 5-31-18; 6-14-18
Docket 105
None.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
10:00 AM
Docket 115
None.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
Movant(s):
Lilia Nuno Represented By
Thomas B Ure Thomas B Ure Thomas B Ure
10:00 AM
Docket 0
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara
10:00 AM
Telephonic Hearing
Shane J. Moses to appear by telephone
Docket 255
Pursuant to the Court's order of June 22, 2018 (Docket No. 278), this matter is CONTINUED to August 23, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
FR. 3-7-18; 3-12-18; 4-12-18; 5-10-18
Docket 241
Pursuant to the Court's order of June 22, 2018 (Docket No. 327), this matter is CONTINUED to August 16, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
fr. 3-8-18; 4-12-18; 5-10-18
Docket 162
Pursuant to the Court's order of June 22, 2018 (Docket No. 327), this matter is CONTINUED to August 16, 2018 at 10:00 a.m. Appearances waived.
Tentative Ruling of 3/8/18:
The Court agrees that the claim objection process should be bifurcated into two phases, determination of independent contractor status and then the amount of the claim if necessary. The Court is concerned that the procedure is too open-ended. Discovery is to occur by 2004 exam first. Why? This is unusual. When will the claim objections be filed? How long will the 2004 exams take? Will that be all of the discovery required for the claim process? It seems like this is an inefficient method of moving the claims forward. There is no discovery cut off in this process and therefore, no control over the timing. Further, the Court wonders why the objection process is so long.
Why isn't the Debtor filing the opening brief with evidence and declarations with the claim objection? Why do we need a presumably bare bones objection, a 30-day wait for a hearing and then a date two weeks later for briefing to start? Direct testimony by declaration with cross and redirect in court is common. Why is this an issue?
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
10:00 AM
Movant(s):
David R Haberbush
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
fr. 7-13-17; 9-7-17; 1-11-18, 3-8-18; 4-12-18,
5-10-18
Docket 1
Pursuant to the Court's order of June 22, 2018 (Docket No. 327), this matter is CONTINUED to August 16, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
2:00 PM
Docket 23
None.
Debtor(s):
Elfa Perez Represented By
Irma C Coler
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Docket 0
None.
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Edward M. Wolkowitz. Edward M. Wolkowitz ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized
$9,352.51 in fees and $273.71 in expenses. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including
2:00 PM
holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $122,050.25. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation, pro rata, meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate. The compensation is APPROVED.
Applicant shall submit an appropriate order.
Debtor(s):
Marco Antonio Garcia Represented By
Levene Neale Bender Yoo & Brill LLP
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay Monica Y Kim
2:00 PM
Docket 171
Hahn Fife & Company: The court has reviewed the Application of Hahn Fife & Company for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $2,394 in fees and $264.20 in costs, with a pro rata payment of $2,365.52 in fees and
$264.20. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Trustee is to lodge an appropriate order.
Debtor(s):
Marco Antonio Garcia Represented By
Levene Neale Bender Yoo & Brill LLP
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay Monica Y Kim
2:00 PM
/or Expenses for Levene, Neale, Bender, Yoo & Brill LLP
Docket 168
Levene Neale Bender Yoo & Brill LLP: The court has reviewed the Application of Levene Neale Bender Yoo & Brill LLP for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $209,098.50 in fees and $9,427.92 in costs, with a pro rata payment of $104,411.62 in fees and $9,427.92. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Trustee is to lodge an appropriate order.
Debtor(s):
Marco Antonio Garcia Represented By
Levene Neale Bender Yoo & Brill LLP
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay Monica Y Kim
2:00 PM
Authorizing the Assignment of Estate's Interest in the Judgment Against Menashi Cohen; (2) Approving Overbidding Procedure;
(3) Finding that the Buyer is a Good Faith Purchaser; and (4) Waiving the 14 Day Stay
Docket 314
None.
Debtor(s):
Avenue K1753, LLC Represented By Allan D Johnson
Trustee(s):
Peter J Mastan (TR) Represented By Nina Z Javan
Meghann A Triplett
11:00 AM
fr 5-29-18, 6-7-18; 6-25-18
Stipulation re cash collateral filed 6/29/18 Telephone Appearances:
Michael Gerard Fletcher Preferred Bank
Robert P Goe Playhut.
Docket 2
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
3:00 PM
Approving Secured Purchase Money Inventory Financing Pursuant to Section 364(d) with Gateway Trade Funding;
Approving Accounts Receivable Factoring Agreement Pursuant to Section 364(d) with FSW Funding
Determining Good Faith Finding; and
Waiving FRBP 6004(h)
Docket 70
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
RICHARD BAUGHMAN RUTH BAUGHMAN
VS DEBTOR
Docket 10
- NONE LISTED -
Debtor(s):
Debora Davoodi Pro Se
Movant(s):
Richard Baughman/Ruth Baughman Represented By
Carol G Unruh
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BANK OF AMERICA, N.A. VS
DEBTOR
Docket 38
A stipulation for adequate protection was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Percival D Clarito Represented By William J Smyth
Andrew Edward Smyth
Joint Debtor(s):
Rosanna D Clarito Represented By William J Smyth
Andrew Edward Smyth
Movant(s):
Bank of America, N.A. Represented By Megan E Lees
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
fr 10-3-17; 10-31-17; fr 12-5-17; 12-13-17; 1-30-18; 2-27-18;
5-1-18
Case dismissed 11/9/17
Dane Exnowski to appear by telephone
Docket 33
None.
Debtor(s):
Michelle L Eshaghpour Represented By David S Hagen
Movant(s):
WELLS FARGO BANK, N. A. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 56
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 12 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Greer Yvonne Davis Represented By
Rabin J Pournazarian
Movant(s):
U.S. BANK NATIONAL Represented By
10:00 AM
Trustee(s):
Leslie M Klott Seth Greenhill Sean C Ferry
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 37
- NONE LISTED -
Debtor(s):
Sheila R Davis Pro Se
Movant(s):
U.S. Bank National Association, not Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 7
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on June 12, 2018. This motion was filed on June 12, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Lisa Jordan Represented By
Sanaz S Bereliani
Movant(s):
Lisa Jordan Represented By
Sanaz S Bereliani Sanaz S Bereliani
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HOLLYVALE RENTAL HOLDINGS, LLC VS
DEBTOR
Docket 10
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant's predecessor-in-interest completed a nonjudicial foreclosure sale on the real property still occupied by the debtor. Under California law, once a nonjudicial foreclosure sale has occurred, the trustor has no right of redemption. Moeller v. Lien, 25 Cal. App. 4th 822, 831 (1994). In this case, the debtor has no right to ignore the foreclosure and attempt to reorganize the debt.
Movant served the debtor with a three-day notice to quit the premises on January 13, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on January 17, 2018. Debtor filed the bankruptcy petition on June 1, 2018 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
Movant requests in the motion that "extraordinary relief" be granted by
10:00 AM
the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Stephanie Fields Pro Se
Movant(s):
Hollyvale Rental Holdings, LLC Represented By
Sam Chandra
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
SANTANDER CONSUMER USA INC VS
DEBTOR
Docket 10
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $17,600.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $23,181.43. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. Also, the debtor has not provided movant with proof of insurance on the subject property. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without
10:00 AM
compensation and is depreciating in value. All other relief is denied.
Debtor(s):
The movant shall submit an appropriate order.
Margaret Marquez Lopez Represented By Heather J Canning
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Docket 8
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $20,250.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $31,922.29. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
The movant shall submit an appropriate order.
10:00 AM
Debtor(s):
Lupe T Martinez Represented By
Michael H Colmenares
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
TD AUTO FINANCE LLC VS
DEBTOR
Docket 10
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $17,000.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $31,698.75. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
The movant shall submit an appropriate order.
10:00 AM
Debtor(s):
Lupe T Martinez Represented By
Michael H Colmenares
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
NICHOLAS J SIPPL AND LINDA HART
VS DEBTOR
fr. 4-3-18
Docket 101
None.
Debtor(s):
Michael Torres Pro Se
Joint Debtor(s):
Carla Torres Pro Se
Movant(s):
Nicholas J. Sippl and Linda Hart Represented By
Martin W. Phillips
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack Laila Masud
10:00 AM
Docket 5
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 11 petition on June 14, 2018. This motion was filed on June 18, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
Movant(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
2:00 PM
Adv#: 2:17-01498 Faillace et al v. Torres et al
FR. 1-9-18; 2-27-18
Docket 1
None.
Debtor(s):
Michael Torres Represented By Charles J Brash
Defendant(s):
Michael P Torres Pro Se
Carla Torres Pro Se
Joint Debtor(s):
Carla Torres Represented By
Charles J Brash
Plaintiff(s):
Ondrea Faillace Represented By Bennett Murphy
Black Rose Tavern, Inc Represented By Bennett Murphy
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01135 Goodrich, Chapter 7 Trustee v. Torres et al
#2.00 Status Conference re Complaint for denial of discharge under 727 (a)(2)(A), (a)(2)(B), (a)(4), and (a)(5)
Default Entererd Against Defendant(s) Carla Torres Default Entered Against Defendant(s) Michael Torres
Docket 1
None.
Debtor(s):
Michael Torres Pro Se
Defendant(s):
Michael Torres Pro Se
Carla Torres Pro Se
Joint Debtor(s):
Carla Torres Pro Se
Plaintiff(s):
David M. Goodrich, Chapter 7 Represented By Richard A Marshack
2:00 PM
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack
2:00 PM
Adv#: 2:18-01142 Hoats v. Briceno
Docket 1
None.
Tentative ruling of 6/28/18:
At a hearing held on May 15, 2018, the court CONTINUED this status conference to July 10, 2018 at 2:00 p.m. Plaintiff was ordered to serve notice of the continued hearing.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Defendant(s):
Maria Felix Briceno Pro Se
Plaintiff(s):
Lilian Demonteverde Hoats Represented By Lilian D Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01077 Hoats v. Briceno et al
Breach of Contract
Common Counts
Quantum Meruit
Turnover
Validity and extent of Attorney Liens [FRBP 7001(2)]
Obtaining approval for the sale of property in which
he estate and co-owner have an interest [FRBP 7001(3)] fr. 5-15-18
Docket 1
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Defendant(s):
Maria Felix Briceno Pro Se
Gabriel Briceno Pro Se
Plaintiff(s):
Joseph M Hoats Represented By Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01141 Point.360, a California Corporation v. Medley Capital Corporation et al
intentional misrepresentation;
concealment
negligent misrepresentation
mandatory subordination
equitable subordination
recharacterization
objection to claims
Docket 1
- NONE LISTED -
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
Defendant(s):
Medley Capital Corporation Pro Se
Medley Opportunity Fund II LP Pro Se
Deloitte Corporate Finance, LLC Pro Se Deloitte Transactions and Business Pro Se
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
2:00 PM
Adv#: 2:16-01291 Mastan v. Jeffrey Licht & Associates, Inc. et al
Docket 132
- NONE LISTED -
Debtor(s):
Avenue K1753, LLC Represented By Allan D Johnson
Defendant(s):
Jeffrey Licht & Associates, Inc. Pro Se
Jeffrey Licht Represented By
Lara R Shapiro
Plaintiff(s):
Peter J. Mastan Represented By Meghann A Triplett Jeremy Faith
Trustee(s):
Peter J Mastan (TR) Represented By Nina Z Javan
Meghann A Triplett
2:00 PM
$ 2,000,000
Docket 41
- NONE LISTED -
Debtor(s):
New West TC, LLC Represented By John P Reitman
Aleksandra Zimonjic Carmela Pagay
Movant(s):
New West TC, LLC Represented By John P Reitman
Aleksandra Zimonjic Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr. 9-20-17; 11-15-17; 12-13-17; 2-28-18; 5-16-18
Docket 84
- NONE LISTED -
Debtor(s):
Jesus Balbido Maquindang Represented By Maria C Hehr
Joint Debtor(s):
Porferia Bacat Maquindang Represented By Maria C Hehr
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18
Docket 57
- NONE LISTED -
Debtor(s):
Kevork N Ashkharian Represented By
David I Brownstein Joshua L Sternberg
Joint Debtor(s):
Sonia F Ashkharian Represented By
David I Brownstein Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-13-18
Docket 46
- NONE LISTED -
Debtor(s):
Jesus Cardenas Represented By Leonard Pena
Joint Debtor(s):
Maria Dora Cardenas Represented By Leonard Pena
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18; 5-16-18
Docket 86
NONE LISTED -
Debtor(s):
Daniel Rivera Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
U.S.C. 1307(c) fr 3-28-18
Docket 42
NONE LISTED -
Debtor(s):
Eduard Akopyan Represented By Tyson Takeuchi Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-18-18; 5-30-18; 6-13-18
Docket 62
NONE LISTED -
Debtor(s):
Mara Victoria Baygulova Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17, 1-10-18, 3-7-18; 5-16-18
Docket 39
NONE LISTED -
Debtor(s):
Garcia Amelia Represented By Michael V Jehdian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17, 1-10-18, 3-7-18; 5-16-18
Docket 39
NONE LISTED -
Debtor(s):
Tomacka Thrasher Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18
Docket 47
NONE LISTED -
Debtor(s):
Nicholas Paul Richards Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 7-5-17; 9-6-17; 11-15-17, 1-10-18, 3-7-18
5-16-18
Docket 32
NONE LISTED -
Debtor(s):
Gloria Martinez Represented By William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-11-18; 6-13-18
Docket 35
NONE LISTED -
Debtor(s):
David Alexander Sanchez Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18; 5-16-18
Docket 38
NONE LISTED -
Debtor(s):
Guilmar Alfredo Ruano Represented By Brian J Soo-Hoo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 3-7-18; 5-16-18
Docket 58
NONE LISTED -
Debtor(s):
Jesus Limon Represented By
Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
case due to material default 11 USC § 1307(c) fr 6-13-18
Docket 49
NONE LISTED -
Debtor(s):
Joseph J Nichols Represented By Julius Johnson
Movant(s):
Joseph J Nichols Represented By Julius Johnson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18
Docket 31
NONE LISTED -
Debtor(s):
Devin Smith Represented By
Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18
Docket 21
NONE LISTED -
Debtor(s):
Raul Enrique Carranza Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 6-13-18
Docket 29
NONE LISTED -
Debtor(s):
Lander Jethro Smith Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
NONE LISTED -
Debtor(s):
Adrian Eslava Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 36
NONE LISTED -
Debtor(s):
John Thatcher Montgomery Sr. Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 30
NONE LISTED -
Debtor(s):
Travis Lovell Lindsey Sr. Represented By Todd J Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 53
NONE LISTED -
Debtor(s):
Hobin S Lee Represented By
James R Selth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 45
NONE LISTED -
Debtor(s):
Lisa Marie Battiest Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
NONE LISTED -
Debtor(s):
Ouida Michiko Woods Represented By Philomena N Nzegge
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
NONE LISTED -
Debtor(s):
Charlana Lafon Ragland Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 66
NONE LISTED -
Debtor(s):
Imelda Sabillo Garcia-Fernandez Represented By
Emilia N McAfee
Trustee(s):
Nancy K Curry (TR) Represented By Emilia N McAfee
1:30 PM
Docket 32
NONE LISTED -
Debtor(s):
Maria Petra Zarate Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
NONE LISTED -
Debtor(s):
Carolyn E. Frazee Represented By Steven B Lever
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 53
No opposition having been filed, and good cause presented, the motion is GRANTED. The order dismissing the debtors' bankruptcy case entered by the court on June 4, 2018 is vacated. The automatic stay is reinstated as of the entry of the order granting the motion. Any actions taken by any creditors of the estate between the November 6, 2015 entry of the order dismissing this chapter 13 case and the date of entry of this order shall not be affected by reinstatement of this bankruptcy case. This language must be included in the order. Pursuant to LBR 9021-1(b)(1)(B), debtors must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Ana Marina Brito Represented By Claudia C Osuna
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
for Thomas B Ure
Docket 39
Applicant seeks payment of fees under the RARA Fee Agreement in the amount of $6,000. In this instance, the applicant failed to submit a brief narrative and details of services rendered that are required by LBR 2016-1(a) (1)(D), (E), (F) and (G). Accordingly, the Court's tentative is to deny in part the fee application which seeks $6,000 under the RARA Fee Agreement.
Debtor(s):
Renia Harbin Represented By
Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-11-18; 5-16-18
Docket 44
None.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Movant(s):
Mario G. Cardona Represented By Jaenam J Coe
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. Accordingly, the Court takes this matter OFF CALENDAR for non-receipt of a Judge's Copy. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion.
Appearances waived.
Debtor(s):
Rosicela Carbajal Carlos Represented By Marc C Hodges
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. Accordingly, the Court takes this matter OFF CALENDAR for non-receipt of a Judge's Copy. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion.
Appearances waived.
Debtor(s):
Rosicela Carbajal Carlos Represented By Marc C Hodges
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 5-30-18; 6-13-18
Docket 37
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
/or other proceedings and/or on a proceeding by proceeding basis
Docket 49
This motion is the same as one filed in the adversary proceeding. This motion is DENIED. The court will not issue a blanket order extending time for the debtor to respond to pleadings filed in the main case. The debtor may request additional time as appropriate on a motion by motion basis. Debtor to lodge an order denying the motion.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 22
The valuation motion is DENIED without prejudice.
Pursuant to LBR 9013-1(i), the factual contentions of any motion must be supported by a declaration or other written evidence. Verification of a motion is not sufficient to constitute evidence on a motion. LBR 9013-1(i).
Here, no debtor declaration is provided in support of the motion.
Further, to the extent debtor’s motion relies on the appraisal to establish the value of the property, the motion must be accompanied by the declaration of the appraiser Hector Perez. The declaration must be made under penalty of perjury before the appraisal report can be received into evidence. Unauthenticated out-of court statements, exhibits, or printouts are hearsay to the extent they are used to prove the truth of the matter, i.e., the value of the property. See generally, B. Russell, 2 Bankr. Evid. Man. § 701:2, at 789-99 (2009-2010 Ed.).
Debtor must lodge an appropriate order via the court's LOU system.
Appearances waived.
Debtor(s):
Andres Matias Represented By Lionel E Giron
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
GREENSKY HOMES, LLC VS
DEBTOR
Docket 9
NONE LISTED -
Debtor(s):
Rae Won Lee Pro Se
Movant(s):
Greensky Homes, LLC Represented By Carol G Unruh
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
BANK OF AMERICA, N.A. VS
DEBTOR fr 6-26-18
Megan E. Lees to appear by telephone
Docket 34
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtors' 2013 Mercedes-Benz C250. The debtors have failed to pay 3 post- petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Percival D Clarito Represented By William J Smyth
Andrew Edward Smyth
Joint Debtor(s):
Rosanna D Clarito Represented By William J Smyth
Andrew Edward Smyth
Movant(s):
Bank of America, N.A. Represented By Megan E Lees
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
ONEMAIN FINANCIAL SERVICES VS
DEBTOR
James MacLeod to appear by telephone
Docket 40
No opposition was filed.
Section 362(c) states that if a single or joint case filed by or against the Debtor was pending but dismissed within the year ending on the petition date of this case, the dismissed case was not a case refiled under a chapter other than chapter 7 following dismissal under 11 U.S.C. § 707(b), and 30 days have elapsed since the filing of the petition in the above-entitled case and no order has been entered continuing the stay, the Court shall promptly enter an order confirming that no stay is in effect. 11 U.S.C. § 362(c)(3)
In this case, movant has requested relief from the automatic stay under 11 U.S.C. § 362(d)(1) and relief from the co-debtor stay. However, upon review of this motion, the Court finds that no stay is in effect in this case under 11 U.S.C. § 362(c)(3) due to a single or joint case filed by or against the debtor that was pending within the previous year but was dismissed, the 30 days having elapsed since the filing of the petition and no order having been entered continuing the stay. The stay having been terminated as to the debtor and no opposition having been filed by the co- debtor, movant is granted relief as to any co-debtors on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
Movant's counsel shall upload an order using the appropriate Local Bankruptcy Rules Forms on the Court website confirming that no stay is in
10:00 AM
effect under 11 U.S.C. §362(c)(3) via the Court's LOU system. Appearances waived.
Debtor(s):
Victor Rodriguez Represented By Raymond Perez
Movant(s):
OneMain Financial Services Represented By Donald T Dunning
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Megan E. Lees to appear by telephone
Docket 45
None.
Debtor(s):
Philip Chou Represented By
Sundee M Teeple Craig K Streed Cynthia L Gibson
Joint Debtor(s):
Christina Sokha Chou Represented By Sundee M Teeple Craig K Streed Cynthia L Gibson
Movant(s):
U.S. Bank National Association Represented By Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NISSAN-INFINITI LT VS
DEBTOR
Case dismissed 7/16/18
Docket 18
Debtor(s):
Valencia Lavon Daniels Represented By
D Justin Harelik
Movant(s):
NISSAN-INFINITI LT. Represented By
Michael D Vanlochem
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Sheryl K. Ith to appear by telephone
Docket 23
On June 25, 2018, the debtors filed a notice of non-opposition to the motion. Accordingly, the Court grants Movant's requested relief as provided below.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtors' 2016 Chevrolet Malibu. The debtors have failed to pay 3 post- petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Javier Acuna Represented By
Andrew Moher
Joint Debtor(s):
Yliana Acuna Represented By Andrew Moher
Movant(s):
Wells Fargo Bank, N.A. dba Wells Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
fr. 3-6-18; 4-3-18; 6-12-18
Jenelle C Arnold to appear by telephone
Docket 99
None.
Debtor(s):
Lilia Velasco Represented By
Barry E Borowitz
Movant(s):
Wells Fargo Bank, N.A. Represented By Trang Truong
William P McCooe Jr Judith Trigg-Hart Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR fr 6-12-18
Jenelle C. Arnold to appear by telephone
Docket 53
None.
Debtor(s):
Josefina Cruz Represented By Michael Poole
Movant(s):
Wells Fargo Bank, N.A Represented By Megan E Lees Tara Evans Bruce E Brown Corey Phuse Rosemary Allen
Deborah L Rothschild Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BANK OF AMERICA, N.A. VS
DEBTOR fr 6-12-18
Docket 22
Debtor(s):
SALVADOR MUNOZ Represented By Omar Zambrano
Movant(s):
Bank Of America, N.A. Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CALIFORNIA CREDIT UNION VS
DEBTOR
fr. 5-1-18; 6-12-18
Nichole L. Glowin to appear by telephone
Docket 40
Debtor(s):
Gloria L Leonard Represented By Leon D Bayer
Movant(s):
California Credit Union, its Represented By Nichole Glowin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR fr. 6-12-18
Docket 47
None.
Tentative Ruling of 6/12/18:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Sandra Hinojosa Represented By Gary Polston
Movant(s):
Nationstar Mortgage LLC Represented By Christina J O Merdaud Jafarnia Melissa A Vermillion Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DEUTSCHE BANK NATIONAL TRUST COMPANY VS
DEBTOR fr 6-26-18
Jenelle C. Arnold to appear by telephone Andrew A. Moher to appear by telephone
Docket 38
None.
Tentative Ruling of 6/26/18:
On May 31, 2018, Debtor filed a notice of non-opposition to the motion.
Accordingly, the Court grants Movant's requested relief as provided below.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 8 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other
10:00 AM
relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Wilbert Bradford Jr Represented By Andrew Moher
Movant(s):
Deutsche Bank National Trust Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, NA VS
DEBTOR
fr. 5-1-18; 6-12-18
Nichole L. Glowin to appear by telephone
Docket 22
None.
Debtor(s):
Anthony Michael Foggs Represented By Joshua L Sternberg
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK TRUST, N.A. VS
DEBTOR
Merdaud Jafarnia to appear by telephone
Docket 38
None.
Debtor(s):
Doreen Cabral Represented By Yelena Gurevich
Movant(s):
U.S. Bank Trust, N.A., As Trustee Represented By
Brandye N Foreman Christina J O Madison C Wilson Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
VS DEBTOR
Merdaud Jafarnia to appear by telephone
Docket 35
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 9 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Carolyn Denise Echols Represented By
10:00 AM
Movant(s):
Scott Kosner
JPMorgan Chase Bank, National Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK NATIONAL ASSOCIATION
VS DEBTOR
Sean Ferry to appear by telephone
Docket 45
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtors' residence. The debtors have failed to pay 15 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Richard A. Dauglash Represented By
10:00 AM
Ryan A. Stubbe
Joint Debtor(s):
Wilma A. Dauglash Represented By Ryan A. Stubbe
Movant(s):
Wells Fargo Bank National Represented By April Harriott
Matthew R. Clark III Keith Labell Theron S Covey Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR
Merdaud Jafarnia to appear by telephone
Docket 24
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 11 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Margaret Leslie Pitts Represented By Leon D Bayer
10:00 AM
Movant(s):
HSBC Bank USA, National Represented By Jason C Kolbe Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CALIFORNIA CREDIT UNION VS
DEBTOR
Docket 23
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Gerald Pellegrinaggio Represented By Steven A Alpert
10:00 AM
Movant(s):
California Credit Union, its Represented By Nichole Glowin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
LEA SULLIVAN VS
DEBTOR fr 6-26-18
Donald A. Hayes to appear by telephone
Docket 66
None.
Tentative Ruling of 6/26/18:
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. Accordingly, the Court takes this matter OFF CALENDAR for non-receipt of a Judge's Copy. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion.
Appearances waived.
Debtor(s):
John Paul Kouri Represented By Michael F Frank
Movant(s):
Lea Sullivan Represented By
Donald A Hayes
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PBR SALES, LLC VS
DEBTOR
Docket 64
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Movant(s):
PBR Sales, LLC Represented By David Brian Lally Stephen Florek
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 8
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on June 22, 2018. This motion was filed on June 25, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Sandra Sophia Corbett Represented By Onyinye N Anyama
Movant(s):
Sandra Sophia Corbett Represented By Onyinye N Anyama
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MIRACLE MILE PROPERTIES, LP VS
DEBTOR
Docket 16
The motion is DENIED without prejudice for improper service.
Pursuant to Local Bankruptcy Rule 4001-1(c)(1)(A), the moving party on a motion for relief from stay for residential unlawful detainer must serve the motion on the debtor and the debtor's attorney. Here, Movant served Debtor's counsel but failed to serve Debtor at the address for service listed on the docket in this case. Accordingly, service of the motion is improper.
Movant shall lodge an appropriate order. Appearances waived.
Debtor(s):
Rachid Rhellou Represented By Joseph Collier
Movant(s):
Miracle Mile Properties, LP Represented By
Ada R Cordero-Sack
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
MORGAN PICKS TWO, LLC VS
DEBTOR
Docket 12
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant completed a nonjudicial foreclosure sale on the real property occupied by the debtor. Under California law, once a nonjudicial foreclosure sale has occurred, the trustor has no right of redemption. Moeller v. Lien, 25 Cal. App. 4th 822, 831 (1994). In this case, the debtor has no right to ignore the foreclosure and attempt to reorganize the debt.
Movant served the debtor with a three-day notice to quit the premises on October 24, 2017. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on April 20, 2018. A judgment was entered on May 2, 2018, and a writ of possession was issued on May 10, 2018. Debtor filed the bankruptcy petition on June 26, 2018 in an apparent effort to stay enforcement of the unlawful detainer action. This motion has been filed to proceed with the movant's non-bankruptcy remedies. This action must go forward because the debtor’s right to possess the premises has already been determined pre-petition, and the movant is entitled to enforce its non-bankruptcy remedies against the debtor.
10:00 AM
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Kristine D'na Harris Pro Se
Movant(s):
Morgan Picks Two, LLC Represented By Barry L O'Connor
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
DESIGNED TO MOVE, LLC VS
DEBTOR
Docket 84
None.
Debtor(s):
Designed to Move, LLC Represented By
Dennis E McGoldrick
Movant(s):
Designed to Move, LLC Represented By
Dennis E McGoldrick
10:00 AM
Telephonic Hearing
fr 7-2-18
Stipulation to continue hearing filed 7/16/18 Ian S. Landsberg to appear by telephone
Joan C Spaeder-Younkin to appear by telephone
Docket 207
Appearances required. On July 16, 2018, the parties filed a stipulation to continue this matter to July 24, 2018. See Docket No. 218. However, the Court will not hold any hearings on that date. Therefore, the parties must appear at the July 17, 2018 hearing in order to obtain a continuance. Telephonic appearances will be permitted.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
Docket 13
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtors filed the voluntary chapter 13 petition on June 28, 2018. This motion was filed on July 3, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtors seek a continuation of the automatic stay as to all creditors. However, based on the proof of service
10:00 AM
attached to the original motion (Docket No. 10), only creditors Ocwen, Opportune Personal Loan, and Western Progressive received service of the motion via facsimile, in compliance with Judge Brand's shortened notice procedures. Therefore, the Court GRANTS the relief requested in the motion as to these creditors only, based upon an apparent change in the personal and financial affairs of the debtors since dismissal of the last case.
Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Angel Sanchez Leon Represented By Grace White
Joint Debtor(s):
Blanca E Sanchez Represented By Grace White
Movant(s):
Angel Sanchez Leon Represented By Grace White
Blanca E Sanchez Represented By Grace White
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01093
Wike v. Hong
Telephonic Hearing
FR. 6-5-18; 6-26-18
Marc Lazarus to appear by telephone
Docket 1
The Court held a hearing on an order to show cause regarding dismissal and sanctions on June 26, 2018 at 2:00 p.m. Marc Lazarus appeared on behalf of the plaintiff. The Court discharged the OSC and set a continued status conference of July 17, 2018 at 2:00 p.m. and ordered plaintiff to file a joint status report as required by the Local Rules by July 3, 2018. Plaintiff failed to file the joint status report as required by the Local Bankruptcy Rules and ordered by the Court. Plaintiff's counsel is sanctioned
$150 pursuant to Local Bankruptcy Rule 7016-1(a) for failure to file a joint status report.
Debtor(s):
Michael T Hong Represented By Young K Chang
Defendant(s):
Michael T Hong Pro Se
Plaintiff(s):
Chalmers Wike Represented By Marc Lazarus
2:00 PM
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:18-01153
Wesley H. Avery, Chapter 7 Trustee of the Bankrupt v. Ilano et al Telephonic Hearing
A Declaratory Judgment Regarding Property of the Bankruptcy Estate
Accounting
Turnover
Injunctive Relief
Sale of a Property in Which a Non-Debtor Asserts an Inerest
Denial of Discharge for Concealment of Property of The Bankruptcy Estate and
Denial of Discharge for Making a False Oath
Adjoa Anim-Appiah to appear by telephone
Docket 1
None.
Debtor(s):
Nathaniel T. ILano Represented By Luis G Torres
Defendant(s):
Claudette D Ilano Pro Se
Nathaniel T Ilano Pro Se
DOES 1 through 20 Pro Se
2:00 PM
Plaintiff(s):
Wesley H. Avery, Chapter 7 Trustee Represented By
Zi Chao Lin
Trustee(s):
Wesley H Avery (TR) Pro Se
Courtesy NEF Represented By Zi Chao Lin
2:00 PM
Adv#: 2:18-01145 Tell, Jr. v. Bowen Jr
Docket 1
On June 13, 2018, the Court entered an order dismissing the main bankruptcy case. See Bankr. Docket No. 75. Accordingly, this adversary proceeding is dismissed, and the status conference is OFF CALENDAR. Appearances waived.
Debtor(s):
Marvell Lenox Tell Jr. Represented By Roseann Frazee
Defendant(s):
Ray B Bowen Jr Pro Se
Plaintiff(s):
Marvell Lenox Tell Jr. Represented By Roseann Frazee
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01156
Carbajal Carlos v. Carlos
Telephonic Hearing
Michael D Zeff to appear by telephone
Docket 1
The parties should be prepared to explain why they should not be sanctioned pursuant to Local Bankruptcy Rule 7016-1(a) for failure to file a status report in advance of this status conference.
Debtor(s):
Rosicela Carbajal Carlos Represented By Marc C Hodges
Defendant(s):
Melesio Carlos Pro Se
Plaintiff(s):
Rosicela Carbajal Carlos Represented By Marc C Hodges
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:16-01291 Mastan v. Jeffrey Licht & Associates, Inc. et al
fr. 7-10-18
Docket 132
None.
Debtor(s):
Avenue K1753, LLC Represented By Allan D Johnson
Defendant(s):
Jeffrey Licht & Associates, Inc. Pro Se
Jeffrey Licht Represented By
Lara R Shapiro
Plaintiff(s):
Peter J. Mastan Represented By Meghann A Triplett Jeremy Faith
Trustee(s):
Peter J Mastan (TR) Represented By Nina Z Javan
Meghann A Triplett
2:00 PM
Adv#: 2:16-01291 Mastan v. Jeffrey Licht & Associates, Inc. et al
Avoidance of Preferential Transfers [11 U.S.C. § 547];
Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A);
Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B)];
Recovery of Avoided Transfers [11 U.S.C. § 550];
Disallowance of Claims [11 U.S.C. § 502]
fr 3-7-17; 3-28-17; 9-5-17, 10-3-17; 11-7-17; 1-30-18;
5-1-18
Default entered by clerk against defendant
Docket 20
2:00 PM
Pursuant to the parties' stipulation of July 12, 2018, this pretrial
conference is CONTINUED to August 21, 2018 at 2:00 p.m. The Court will enter an order approving the stipulation. Appearances waived.
Debtor(s):
Avenue K1753, LLC Represented By Fadi Amer
Defendant(s):
Jeffrey Licht & Associates, Inc. Pro Se
Jeffrey Licht Represented By
Lara R Shapiro
Plaintiff(s):
Peter J. Mastan Represented By Meghann A Triplett Jeremy Faith
Trustee(s):
Peter J Mastan (TR) Represented By Nina Z Javan
Meghann A Triplett
2:00 PM
Adv#: 2:18-01135 Goodrich, Chapter 7 Trustee v. Torres et al
Docket 13
None.
Debtor(s):
Michael Torres Pro Se
Defendant(s):
Michael Torres Pro Se
Carla Torres Pro Se
Joint Debtor(s):
Carla Torres Pro Se
Plaintiff(s):
David M. Goodrich, Chapter 7 Represented By Richard A Marshack Laila Masud
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack Laila Masud
2:00 PM
Adv#: 2:18-01135 Goodrich, Chapter 7 Trustee v. Torres et al
#8.00 Status Conference re Complaint for denial of discharge under 727 (a)(2)(A), (a)(2)(B), (a)(4), and (a)(5)
fr 7-10-18
Default Entererd Against Defendant(s) Carla Torres Default Entered Against Defendant(s) Michael Torres
Docket 1
None.
Debtor(s):
Michael Torres Pro Se
Defendant(s):
Michael Torres Pro Se
Carla Torres Pro Se
Joint Debtor(s):
Carla Torres Pro Se
Plaintiff(s):
David M. Goodrich, Chapter 7 Represented By Richard A Marshack
2:00 PM
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack
10:00 AM
Docket 0
NONE LISTED -
1:30 PM
fr 10-18-17; 12-13-17; 1-31-18; 3-28-18; 5-30-18
Docket 96
NONE LISTED -
Debtor(s):
Sherry L Dana Represented By Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
fr 2-14-18; 3-28-18; 5-30-18
Docket 77
NONE LISTED -
Debtor(s):
Onofre Anguiano Jr. Represented By Matthew D Resnik
S Renee Sawyer Blume
Joint Debtor(s):
Maria J Anguiano Represented By Matthew D Resnik
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18
Docket 101
NONE LISTED -
Debtor(s):
Lilia Velasco Represented By
Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 6-27-18
Docket 85
NONE LISTED -
Debtor(s):
Milton Roberto Gonzalez Represented By Barry E Borowitz
Joint Debtor(s):
Georgina Mercedes Gonzalez Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-27-18
Docket 71
NONE LISTED -
Debtor(s):
Everil Lynette Nelson Represented By Tyson Takeuchi Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18; 4-18-18; 5-30-18
Docket 44
NONE LISTED -
Debtor(s):
Doris Mae Tinson Represented By Paul Horn
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18
Docket 46
NONE LISTED -
Debtor(s):
Laura Bash Represented By
Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18
Docket 44
NONE LISTED -
Debtor(s):
Grady J Dagnan Jr. Represented By Elena Steers
Joint Debtor(s):
Karen L Dagnan Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18
Docket 44
NONE LISTED -
Debtor(s):
Lloyd M Roberson Represented By Christie Cronenweth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18
Docket 28
NONE LISTED -
Debtor(s):
Edwina Harris Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 6-28-17, 8-2-17; 8-23-17; 9-6-17; 9-20-17;
11-15-17, 1-10-18, 3-7-18; 5-16-18; 6-27-18
Docket 34
NONE LISTED -
Debtor(s):
Reid Jeffrey Osherow Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18; 3-28-18; 5-30-18
Docket 42
NONE LISTED -
Debtor(s):
Josephine Hermilia Saldana Represented By Heather J Canning Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 1-31-18; 3-28-18; 5-30-18
Docket 25
NONE LISTED -
Debtor(s):
Kevin James Fiege Represented By Philomena N Nzegge
Joint Debtor(s):
Caroline Ancheta Fiege Represented By Philomena N Nzegge
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18
Docket 64
NONE LISTED -
Debtor(s):
Lota Lozleta Hadley Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 1-31-18; 3-28-18; 5-30-18
Docket 42
NONE LISTED -
Debtor(s):
Nellie Jefferson Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 5-30-18
Docket 29
NONE LISTED -
Debtor(s):
Teresa Jones Represented By
Eva M Hollands
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18
Docket 33
NONE LISTED -
Debtor(s):
Carolyn Denise Echols Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18; 3-28-18; 5-30-18
Docket 23
NONE LISTED -
Debtor(s):
Angela Michelle Brown Clinton Represented By Stephen S Smyth William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 11-15-17; 2-14-18; 3-28-18; 5-30-18
Docket 43
NONE LISTED -
Debtor(s):
Rodolfo L Lomeli Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 1-31-18; 3-28-18; 5-30-18
Docket 18
NONE LISTED -
Debtor(s):
Kimberly LaTreese Dunham Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18
Docket 44
NONE LISTED -
Debtor(s):
Georgina Olaya Calleros Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 1-31-18; 3-28-18; 5-30-18
Docket 39
NONE LISTED -
Debtor(s):
Norberto Diaz Jr. Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-11-18; 5-30-18
Docket 37
NONE LISTED -
Debtor(s):
Anthony Ginnane Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 5-30-18
Docket 28
NONE LISTED -
Debtor(s):
Linda C Sanchez Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
NONE LISTED -
Debtor(s):
Norma Viola Martinez-Lemos Represented By
Michelle A Marchisotto Craig K Streed
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 63
NONE LISTED -
Debtor(s):
Dora Dean Nelson Represented By Nima S Vokshori Luke Jackson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
NONE LISTED -
Debtor(s):
Gustavo Carrera Represented By Nicholas M Wajda
Joint Debtor(s):
Maria Estela Gonzalez Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
NONE LISTED -
Debtor(s):
Gloria L Leonard Represented By Leon D Bayer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 50
NONE LISTED -
Debtor(s):
Jose Hernandez Represented By Richard A Loa
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 55
NONE LISTED -
Debtor(s):
Asfren Ibanez Bautista Represented By Gregory M Shanfeld
Joint Debtor(s):
Tricia Louise Bautista Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-27-18
Docket 49
NONE LISTED -
Debtor(s):
Asfren Ibanez Bautista Represented By Gregory M Shanfeld
Joint Debtor(s):
Tricia Louise Bautista Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-1-17; 12-13-17; 2-28-18; 3-28-18; 5-16-18; 5-30-18;
6-13-18
Docket 165
None.
Debtor(s):
Ca-Trece Roxanne Mas'sey Represented By Steven L Bryson
Movant(s):
Steven L. Bryson Represented By Steven L Bryson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
1:30 PM
Docket 21
NONE LISTED -
Debtor(s):
Paul Christian Hollon Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
NONE LISTED -
Debtor(s):
Carolyn E. Frazee Represented By Steven B Lever
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 89
None.
Debtor(s):
Francisco Estrada Represented By Clifford Bordeaux
Joint Debtor(s):
Nariza Naval-Estrada Represented By Clifford Bordeaux
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18; 3-28-18; 5-30-18
Docket 87
NONE LISTED -
Debtor(s):
Francisco Estrada Represented By Clifford Bordeaux
Joint Debtor(s):
Nariza Naval-Estrada Represented By Clifford Bordeaux
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 15
NONE LISTED -
Debtor(s):
Manuel Apikian Represented By Roland H Kedikian
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 56
No opposition was filed.
The debtor's objection to proof of claim ("Claim No. 2") filed with the court’s Claims Register by National Credit Adjusters, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 2, as the debtor appears to have paid the debt in full. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Deborah Sandi Stein Represented By William Huestis
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18; 3-28-18; 5-30-18; 6-27-18
Docket 60
None.
Debtor(s):
Jaime Rene Anaya Represented By Steven A Wolvek
Joint Debtor(s):
Paula Oralia Anaya Represented By Steven A Wolvek
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18; 6-27-18
Docket 58
NONE LISTED -
Debtor(s):
Jaime Rene Anaya Represented By Steven A Wolvek
Joint Debtor(s):
Paula Oralia Anaya Represented By Steven A Wolvek
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
NONE LISTED -
Debtor(s):
Ramiro Jose Nunez-Villela Represented By Michael E Clark
Joint Debtor(s):
Hazelle Nunez Represented By Michael E Clark
Movant(s):
Ramiro Jose Nunez-Villela Represented By Michael E Clark Michael E Clark
Hazelle Nunez Represented By Michael E Clark
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 34
None.
Debtor(s):
Eugene Robert Hamilton Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 49
None.
Debtor(s):
Gabriel Davalos Perez Represented By Leonard Pena
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
NONE LISTED -
Debtor(s):
James Joseph Welker II Represented By Jeffrey N Wishman Marcus G Tiggs
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 40
None.
Debtor(s):
Steve Butler Represented By
Brad Weil
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Docket 10
None.
Debtor(s):
Ramfis Kwok Lam Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 245
None.
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
fr. 2-15-18; 3-1-17; 4-12-18, 5-10-18; 6-14-18
Docket 101
The status conference is continued to August 16, 2018 at 10:00 a.m. to coincide with the hearing on the debtor's sale motion. Appearances waived.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
10:00 AM
Docket 144
None.
Debtor(s):
William O Haight Represented By Dana M Douglas M Jonathan Hayes
10:00 AM
Docket 9
None.
Debtor(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
10:00 AM
Docket 204
None.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
fr. 3-30-17, 5-25-17, 8-3-17; 8-24-17; 10-12-17; 11-16-17; 1-11-18
3-29-18, 5-10-18
Docket 0
None.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
10:00 AM
Docket 120
None.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
Authorizing Employment of Donahoe & Young LLP as Chapter 11 Counsel; and
Authorizing Donahoe & Young LLP ro Receive and Draw Down on Future Payments
Docket 35
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
10:00 AM
Docket 37
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
10:00 AM
fr. 3-29-18; 5-3-18; 6-7-18; 6-14-18; 6-26-18
Docket 959
Pursuant to the court's order entered on July 18, 2018, this hearing is continued to August 16, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Docket 990
No opposition having been filed, and good cause presented, the motion is GRANTED. The Asset Disposition deadline is hereby extended through and including August 6, 2018. Debtor shall submit an appropriate order. Appearances waived.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
fr 5-29-18, 6-7-18; 6-25-18; 7-6-18
Docket 2
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
Approving Secured Purchase Money Inventory Financing Pursuant to Section 364(d) with Gateway Trade Funding;
Approving Accounts Receivable Factoring Agreement Pursuant to Section 364(d) with FSW Funding
Determining Good Faith Finding; and
Waiving FRBP 6004(h) fr 7-9-18
Docket 70
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
Docket 37
Pursuant to the parties' stipulation filed on July 13, 2018 (Docket No.
, this matter has been resolved and is hereby taken OFF CALENDAR. The Court will enter an order approving the stipulation. Appearances waived.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
Docket 51
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
Movant(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
Appointment of CRO;
Application of Pledged Time Certificate of Deposit; and
Additional Grant of Adequate Protection for Preferred Bank
Docket 102
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
Docket 20
Pursuant to the parties' stipulation filed on July 13, 2018 (Docket No.
96), this matter has been resolved and is hereby taken OFF CALENDAR. The Court will enter an order approving the stipulation. Appearances waived.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
Docket 15
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
Docket 337
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
2:00 PM
Or Expenses (11 U.S.C. § 330) for Thomas B Ure, Debtor's Attorney
Docket 120
None.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
fr 9-14-17, 1-9-18; 4-12-18
Docket 144
Debtor(s):
George G Washington Represented By Julie J Villalobos Alan W Forsley
Trustee(s):
Sam S Leslie (TR) Represented By Leonard M Shulman Rika Kido
2:00 PM
Docket 33
No opposition having been filed, and good cause presented, the motion is GRANTED. Debtor's Chapter 7 case is hereby reopened for the sole purpose of allowing Debtor to file a motion to avoid certain judicial liens under 11 U.S.C. § 522(f). If no motion is pending 30 days after the case is reopened, and if no trustee has been ordered appointed, the case may be closed without further notice. Debtor shall submit an appropriate order.
Appearances waived.
Debtor(s):
Gerald Marquis Antoine Represented By Alon Darvish
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
$ 2,000,000
FR. 7-10-18
Docket 41
None.
Debtor(s):
New West TC, LLC Represented By John P Reitman
Aleksandra Zimonjic Carmela Pagay
Movant(s):
New West TC, LLC Represented By John P Reitman
Aleksandra Zimonjic Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
2:00 PM
Docket 46
None.
Debtor(s):
New West TC, LLC Represented By John P Reitman
Aleksandra Zimonjic Carmela Pagay
Movant(s):
Ocean Park SRL Represented By Jeremy A Rhyne
Francesco Tieni Represented By Jeremy A Rhyne
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
2:00 PM
Docket 47
None.
Debtor(s):
New West TC, LLC Represented By John P Reitman
Aleksandra Zimonjic Carmela Pagay
Movant(s):
Ocean Park SRL Represented By Jeremy A Rhyne
Francesco Tieni Represented By Jeremy A Rhyne
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
2:00 PM
Docket 8
None.
Debtor(s):
Michelle Carter Represented By Kevin Tang
2:00 PM
Docket 9
None.
Debtor(s):
Rafael Carbajal Represented By Jaime A Cuevas
Movant(s):
Rafael Carbajal Represented By Jaime A Cuevas
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01160 State Compensation Insurance Fund v. Gonzalez
RE: [1] Adversary case 2:18-ap-01160. Complaint by State Compensation Insurance Fund against Jose Alcala Gonzalez. false pretenses, false representation, actual fraud)) (Johnson, Rhett)
Docket 1
Debtor(s):
Jose Gonzalez Represented By
Michael H Colmenares
Defendant(s):
Jose Gonzalez Pro Se
Plaintiff(s):
State Compensation Insurance Fund Represented By
Rhett Johnson
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:18-01164 Hoats v. Hammatt et al
RE: [1] Adversary case 2:18-ap-01164. Complaint by Joseph M Hoats against Christopher Scott Hammatt, Susan Elizabeth Hammatt. (Charge To Estate). (Attachments: # 1 Summons and Notice of Status Conference in Adversary Proceeding) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)) (Hoats, Joseph)
Docket 1
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Defendant(s):
Christopher Scott Hammatt Pro Se
Susan Hammatt Pro Se
Plaintiff(s):
Joseph M Hoats Represented By Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
SAMMY AND SAMIA ANTOUN FAMILY TRUST VS
DEBTOR
Docket 17
None.
Debtor(s):
Marta Beatriz Mastrangelo Pro Se
Movant(s):
Samy and Samia Antoun Family Represented By
Noreen A Madoyan
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
POYA GHASRI VS
DEBTOR
Docket 49
None.
Debtor(s):
Ricardo Arredondo Represented By Ruben Fuentes
Movant(s):
Poya Ghasri Represented By
Joseph Trenk
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CARSON NORMANDIE PLAZA VS
DEBTOR
Docket 7
NONE LISTED -
Debtor(s):
Wesley Sung Pro Se
Movant(s):
Carson Normandie Plaza, LLC Represented By Joseph Cruz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CAPITAL ONE AUTO FINANCE VS
DEBTOR
Stipulation for adequate protection filed 7/31/18
Docket 39
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2015 Volkswagen Tiguan. The debtor has failed to pay 4 post- petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Carlyn Joyce Couch Represented By
10:00 AM
Movant(s):
Sanaz S Bereliani
Capital One Auto Finance, a division Represented By
Bret D. Allen Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DDEBTOR
Docket 27
No opposition was filed. The Court takes judicial notice of the Chapter 13 Plan filed in this case on July 10, 2018 in which the debtors stated an intention to surrender the vehicle to Movant.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of the debtors' 2017 Toyota Corolla. The debtors have failed to pay 3 post-petition payments.
This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Marco A. Lopez Represented By
10:00 AM
Sam Benevento
Joint Debtor(s):
Mary Lou Lopez Represented By Sam Benevento
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FINANCIAL SERVICES VEHICLE TRUST VS
DEBTOR
Docket 29
Debtor(s):
Asmik Mkyatchyan Represented By Scott Kosner
Movant(s):
Financial Services Vehicle Trust Represented By
Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
fr 6-12-18, 7-17-18
Docket 53
None.
Debtor(s):
Josefina Cruz Represented By Michael Poole
Movant(s):
Wells Fargo Bank, N.A Represented By Megan E Lees Tara Evans Bruce E Brown Corey Phuse Rosemary Allen
Deborah L Rothschild Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR fr. 7-17-18
Docket 24
None.
Tentative Ruling of 7/17/18:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 11 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Margaret Leslie Pitts Represented By Leon D Bayer
Movant(s):
HSBC Bank USA, National Represented By Jason C Kolbe Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SPECIALIZED LOAN SERVICING LLC VS
DEBTOR
Docket 36
None.
Debtor(s):
Raequel K. London Represented By
D Justin Harelik
Movant(s):
Specialized Loan Servicing LLC Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FLAGSTAR BANK FSB VS
DEBTOR
Docket 52
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Shana Rae Kelly Represented By Thomas B Ure
Movant(s):
Flagstar Bank, FSB Represented By
10:00 AM
Trustee(s):
Mark S Krause
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 44
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtors' residence. The debtors have failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Nazem D Rajha Represented By Keith F Rouse
10:00 AM
Joint Debtor(s):
Manar Mayalah Represented By Keith F Rouse
Movant(s):
Deutsche Bank National Trust Represented By Tyneia Merritt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
VS DEBTOR
Docket 41
None.
Debtor(s):
Clettious E Woolfork Represented By Elena Steers
Movant(s):
JPMorgan Chase Bank, National Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY, FSB VS
DEBTOR
Docket 23
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Araceli V. Mickes Represented By Gregory M Shanfeld
Movant(s):
Wilmington Savings Fund Society, Represented By
10:00 AM
Trustee(s):
Erin M McCartney Mark S Krause
Nancy K Curry (TR) Pro Se
10:00 AM
PACIFIC UNION FINANCIAL, LLC VS
DEBTOR
Docket 62
None.
Debtor(s):
Joseph Fields Jr Represented By Marc C Hodges
Movant(s):
Pacific Union Financial, LLC Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANKNATIONAL ASSOCIATION VS
DEBTOR
Docket 38
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. In this case, the Court did not receive a Judge's Copy of the motion and; thus, was unable to review the contents therein.
Accordingly, the Court takes this matter OFF CALENDAR. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion. Appearances waived.
Debtor(s):
Alfredo Espinoza Represented By Sanaz S Bereliani
Movant(s):
U.S BANK NATIONAL Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 35
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtors' residence. The debtors have failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Cesar Garza Represented By
Brad Weil
Joint Debtor(s):
Norma Robles Represented By Brad Weil
10:00 AM
Movant(s):
U.S. Bank Trust, N.A., as Trustee for Represented By
Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR
Stipulation for adequate protection filed 8/8/18
Docket 38
This hearing will go forward. The parties have filed an adequate protection stipulation that includes relief under section 362(d)(4) in the event of a default under the stipulation. Yet, this relief was not requested in the motion. The Court is not inclined to approve the stipulation granting such relief when there is no basis for it in the motion. The parties are to address this issue.
Debtor(s):
Dave Behar Represented By
Matthew D. Resnik
Movant(s):
THE BANK OF NEWYORK Represented By Tyneia Merritt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Docket 42
NONE LISTED -
Debtor(s):
Donald Fogel Represented By Nathan Fransen
Joint Debtor(s):
Sandra Lea Fogel Represented By Nathan Fransen
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NPI DEBT FUND I, LP VS
DEBTOR
Docket 18
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
10:00 AM
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Dimitrius John Mitchell Represented By William Radcliffe
Movant(s):
NPI Debt Fund I, LP Represented By Brian R Nelson
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
VS DEBTOR
Docket 14
Debtor's case was dismissed on June 26, 2018; however, because movant has requested in rem / (d)(4) relief, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. Accordingly, the Court takes this matter OFF CALENDAR for non-receipt of a Judge's Copy. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion.
Appearances waived.
Debtor(s):
Susan Hawkins Pro Se
Movant(s):
JPMorgan Chase Bank, National Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MIRACLE MILE PROPERTIES, LP VS
DEBTOR
Docket 18
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on October 11, 2016. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on October 24, 2016. A stipulated judgment was entered on May 15, 2017. Debtor filed the bankruptcy petition on March 19, 2018 and, according to the motion, defaulted under the terms of the stipulated judgment on June 12, 2018. This motion has been filed to proceed with enforcement of the stipulated judgment. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Rachid Rhellou Represented By Joseph Collier
Movant(s):
Miracle Mile Properties, LP Represented By
Ada R Cordero-Sack
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING LLC VS
DEBTOR
Docket 32
On May 21, 2018, the debtors received a discharge in this case.
Consequently, the automatic stay is no longer in effect with respect to the subject property. Accordingly, the motion is DENIED as moot. Movant shall submit an appropriate order. Appearances waived.
Debtor(s):
ERWIN ALEJANDRO PONCIANO Represented By
Kathleen A Moreno
Joint Debtor(s):
BLANCA ESTELA PONCIANO Represented By
Kathleen A Moreno
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY, FSB VS
DEBTOR
Docket 37
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
According to the evidence, movant has a claim in the amount of
$614,308.24 secured by a lien on the subject property. The Court is unable to make a finding establishing the value of the property because movant has not provided an authenticated valuation of the property. There is no evidence that the debtor has made or tendered any payments to movant since the petition date. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1). Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or Court approval and multiple bankruptcy filings affecting the subject real property. 11 U.S.C. § 362(d)(4).
Movant requests in the motion that "extraordinary relief" be granted by
10:00 AM
the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ana Delgado Pro Se
Movant(s):
Wilmington Savings Fund Society, Represented By
Edward G Schloss
10:00 AM
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
fr. 7-20-18
Docket 9
No opposition having been filed, and good cause presented, the motion is GRANTED on a final basis.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on July 5, 2018. This motion was filed on July 9, 2018, was noticed for a hearing on July 20, 2018, and granted on an interim basis with a final hearing to be held on August 14, 2018. The motion is timely.
10:00 AM
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Rafael Carbajal Represented By Jaime A Cuevas
Movant(s):
Rafael Carbajal Represented By Jaime A Cuevas
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
a Stay or Continuing Stay as the Court Deems Appropriate
Docket 7
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 11 petition on July 17, 2018. This motion was filed on July 20, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
James Anthony Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
James Anthony Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
10:00 AM
fr 7-2-18, 7-17-18
Docket 207
A stipulation to continue the hearing was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to August 28, 2018 at 10:00 a.m. Appearances waived.
Tentative Ruling of 7/17/18:
Appearances required. On July 16, 2018, the parties filed a stipulation to continue this matter to July 24, 2018. See Docket No. 218. However, the Court will not hold any hearings on that date. Therefore, the parties must appear at the July 17, 2018 hearing in order to obtain a continuance. Telephonic appearances will be permitted.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
Movant(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
Docket 78
NONE LISTED -
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 10
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on July 19, 2018. This motion was filed on July 31, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Rogelio Emiliano Martinez Represented By Nicholas M Wajda
Movant(s):
Rogelio Emiliano Martinez Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01511 Acevedo et al v. Cruz
fr. 1-9-18; 3-6-18; 4-3-18; 6-26-18
Docket 1
None.
Debtor(s):
Eddy J Cruz Represented By
Edwing F Keller
Defendant(s):
Eddy J Cruz Pro Se
Plaintiff(s):
Rosa Acevedo Represented By David Brian Lally
Jaime Avila Represented By
David Brian Lally
Carlos Enriquez Represented By David Brian Lally
America Hernandez Represented By David Brian Lally
Patricia Hernandez Represented By David Brian Lally
2:00 PM
Maria Guadalupe Ramos Represented By David Brian Lally
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01153 Wesley H. Avery, Chapter 7 Trustee of the Bankrupt v. Ilano et al
A Declaratory Judgment Regarding Property of the Bankruptcy Estate
Accounting
Turnover
Injunctive Relief
Sale of a Property in Which a Non-Debtor Asserts an Inerest
Denial of Discharge for Concealment of Property of The Bankruptcy Estate and
Denial of Discharge for Making a False Oath fr. 7-17-18
Docket 1
None.
Debtor(s):
Nathaniel T. ILano Represented By Luis G Torres
Defendant(s):
Claudette D Ilano Pro Se
Nathaniel T Ilano Pro Se
DOES 1 through 20 Pro Se
Plaintiff(s):
Wesley H. Avery, Chapter 7 Trustee Represented By
2:00 PM
Trustee(s):
Zi Chao Lin
Courtesy NEF Represented By Zi Chao Lin
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:18-01093 Wike v. Hong
FR. 6-5-18; 6-26-18, 7-17-18
Docket 1
None.
Debtor(s):
Michael T Hong Represented By Young K Chang
Defendant(s):
Michael T Hong Pro Se
Plaintiff(s):
Chalmers Wike Represented By Marc Lazarus
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:18-01160 State Compensation Insurance Fund v. Gonzalez
Docket 1
None.
Debtor(s):
Jose Gonzalez Represented By
Michael H Colmenares
Defendant(s):
Jose Gonzalez Pro Se
Plaintiff(s):
State Compensation Insurance Fund Represented By
Rhett Johnson
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:18-01164 Hoats v. Hammatt et al
Misrepresentation and fraud
Misrepresentation and fraud
Identity theft
Unjust Enrichment
Declaratory Relief
Common Counts
Docket 1
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Defendant(s):
Christopher Scott Hammatt Pro Se
Susan Hammatt Pro Se
Plaintiff(s):
Joseph M Hoats Represented By Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01167 Muro et al v. Romero
non-dischargeability of debt pursuant to 11 U.S.C. Sections 523(a)(2), 523(a)(4) and 523(a)(6)
Docket 1
None.
Debtor(s):
Felix Antonio Romero Pro Se
Defendant(s):
Felix Antonio Romero Pro Se
Plaintiff(s):
Rogelio Muro Represented By Douglas A Crowder
Rosibellia Ramirez Represented By Douglas A Crowder
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01206 Miller v. Allen
Docket 1
None.
Debtor(s):
Kippy Lynn Miller Represented By Keith F Rouse
Defendant(s):
Martin Allen Pro Se
Plaintiff(s):
Kippy Lynn Miller Represented By Keith F Rouse
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01548 Mastan v. Biasiolo et al
Docket 18
This matter is CONTINUED to September 4, 2018 at 2:00 p.m.
Appearances waived.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Pierluigi Biasiolo Pro Se
Renergy Alliance Corporation, a Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
2:00 PM
Adv#: 2:17-01548
Mastan v. Biasiolo et al
Telephonic Hearing
fr. 1-30-18, 3-6-18; 5-15-18; 6-5-18
Docket 1
This matter is CONTINUED to September 4, 2018 at 2:00 p.m.
Appearances waived.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Pierluigi Biasiolo Pro Se
Renergy Alliance Corporation, a Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
2:00 PM
Aleksandra Zimonjic
2:00 PM
Adv#: 2:18-01135 Goodrich, Chapter 7 Trustee v. Torres et al
Docket 16
None.
Debtor(s):
Michael Torres Pro Se
Defendant(s):
Michael Torres Pro Se
Carla Torres Pro Se
Joint Debtor(s):
Carla Torres Pro Se
Plaintiff(s):
David M. Goodrich, Chapter 7 Represented By Richard A Marshack Laila Masud
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack Laila Masud
2:00 PM
Adv#: 2:18-01135 Goodrich, Chapter 7 Trustee v. Torres et al
#11.00 Status Conference re Complaint for denial of discharge under 727 (a)(2)(A), (a)(2)(B), (a)(4), and (a)(5)
fr 7-10-18, 7-17-18
Default Entererd Against Defendant(s) Carla Torres Default Entered Against Defendant(s) Michael Torres
Docket 1
None.
Debtor(s):
Michael Torres Pro Se
Defendant(s):
Michael Torres Pro Se
Carla Torres Pro Se
Joint Debtor(s):
Carla Torres Pro Se
Plaintiff(s):
David M. Goodrich, Chapter 7 Represented By Richard A Marshack
2:00 PM
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack
2:00 PM
Adv#: 2:15-01613 Lee v. Rowe
Docket 58
The proofs of service for the discovery requests to defendant Nancy Rowe ("Debtor") indicate that they were served on the address listed in the main banruptcy case for Debtor; however, the address listed for Debtor in the adversary case is different. Therefore, Plaintiff's motion to compel is DENIED due to improper service.
Debtor(s):
Nancy Margaret Rowe Represented By
Andrew Edward Smyth
Defendant(s):
Nancy Rowe Represented By
Andrew Edward Smyth Douglas J Rosner William J Smyth
Plaintiff(s):
Robert Lee Represented By
Douglas J Rosner Andrew Edward Smyth Mark M Sharf
Trustee(s):
Howard M Ehrenberg (TR) Represented By Douglas J Rosner
10:00 AM
fr. 6-28-18
Docket 91
None.
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
10:00 AM
Docket 15
None.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
Docket 15
None.
Debtor(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
10:00 AM
Docket 8
None.
Debtor(s):
Javier Valle Represented By
Kevin Tang
10:00 AM
Docket 123
None.
Debtor(s):
Yung Ok Lee Represented By
Robert K Lee
10:00 AM
Docket 39
None.
Debtor(s):
Asher Wagh Represented By
Michael Jay Berger
10:00 AM
Docket 284
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
#8.00 Confirmation of Debtor's Plan of Reorganization
Docket 0
NONE LISTED -
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 54
No opposition was filed.
This objection to the proof of claim of Wells Fargo Bank, N.A. ("Claim No. 6") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The court grants the relief requested to disallow Claim No. 6. The claimant's default is entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). Appearances waived.
The objection is sustained. The court disallows Claim No. 6 as it is not a debt that is owed by the debtor. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
Docket 50
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
Telephonic Hearing
fr. 3-29-18; 5-3-18; 6-7-18; 6-14-18; 6-26-18,
7-19-18
Docket 959
Pursuant to the court's order entered on July 18, 2018, this hearing is continued to August 16, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
fr 8-14-18
Docket 78
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
fr. 1-18-18; 4-5-18; 6-28-18
Docket 1
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
Approving Sale(s) of Assets Purchased at Auction
Determining that Purchaser(s) is/are Good Faith Purchaser(s); and
Waiving the Fourteen (14) Day Stay Prescribed by Federal Rule of Bankruptcy Procedure 6004
Docket 154
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
10:00 AM
fr. 2-15-18; 3-1-17; 4-12-18, 5-10-18; 6-14-18
7-19-18
Docket 101
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
10:00 AM
fr. 7-19-18
Docket 245
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
H. Aver, A Professional Corporation, General Insolvency Counsel For Wilma Seneviratne For Allowance Of Fees And Reimbursement Of Costs
Docket 261
NONE LISTED -
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
Order Approving Compensation And Reimbursement Of Expenses
Docket 260
NONE LISTED -
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
for MENCHACA & COMPANY LLP CPA, Accountant
[Insufficient notice time]
Docket 266
NONE LISTED -
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
FR. 3-7-18; 3-12-18; 4-12-18; 5-10-18
fr 7-5-18
Docket 241
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
fr. 3-8-18; 4-12-18; 5-10-18; 7-5-18
Docket 162
None.
Tentative Ruling of 7/5/18:
Pursuant to the Court's order of June 22, 2018 (Docket No. 327), this matter is CONTINUED to August 16, 2018 at 10:00 a.m. Appearances waived.
Tentative Ruling of 3/8/18:
The Court agrees that the claim objection process should be bifurcated into two phases, determination of independent contractor status and then the amount of the claim if necessary. The Court is concerned that the procedure is too open-ended. Discovery is to occur by 2004 exam first. Why? This is unusual. When will the claim objections be filed? How long will the 2004 exams take? Will that be all of the discovery required for the claim process? It seems like this is an inefficient method of moving the claims forward. There is no discovery cut off in this process and therefore, no control over the timing. Further, the Court wonders why the objection process is so long.
Why isn't the Debtor filing the opening brief with evidence and declarations with the claim objection? Why do we need a presumably bare bones objection, a 30-day wait for a hearing and then a date two weeks later for briefing to start? Direct testimony by declaration with cross and redirect in court is common. Why is this an issue?
10:00 AM
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
Movant(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
fr. 7-13-17; 9-7-17; 1-11-18, 3-8-18; 4-12-18,
5-10-18; 7-5-18
Docket 1
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
fm. 7-19-18
Docket 51
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
Movant(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
Telephonic Hearing
fr 5-29-18, 6-7-18; 6-25-18; 7-6-18, 7-19-18
Docket 2
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
James Wong as Chief Restructuring Officer Under 11 U.S.C. §§ 105(a), 363(b), 1107 and 1008
Docket 113
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
Fr. 7-19-18
Docket 15
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
2:00 PM
Telephonic Hearing
Or Expenses (11 U.S.C. § 330) for Thomas B Ure,
Debtor's Attorney fr. 7-19-18
Docket 120
None.
Debtor(s):
Rhonda E. Reynolds Represented By Thomas B Ure
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Claim Number 4 by Claimant JP Morgan Chase Bank, National Association
Docket 39
Debtor(s):
Gloria Martinez Represented By William J Smyth
Movant(s):
Gloria Martinez Represented By William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 7-17-17
Docket 45
None.
Debtor(s):
Philip Chou Represented By
Sundee M Teeple Craig K Streed Cynthia L Gibson
Joint Debtor(s):
Christina Sokha Chou Represented By Sundee M Teeple Craig K Streed Cynthia L Gibson
Movant(s):
U.S. Bank National Association Represented By Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
10:00 AM
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
VS DEBTOR
fr. 7-17-18
Docket 35
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 9 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Carolyn Denise Echols Represented By
10:00 AM
Movant(s):
Scott Kosner
JPMorgan Chase Bank, National Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
fr. 5-22-18; 7-3-18
Docket 44
None.
Debtor(s):
Armando Ramos Jr. Represented By Scott Kosner
Joint Debtor(s):
Yvette Ramos Represented By Scott Kosner
Movant(s):
WELLS FARGO BANK, N.A. Represented By Teosa L Peterson Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
VS DEBTOR
Docket 25
None.
Debtor(s):
Terence Patrick O'Donnell Represented By
D Justin Harelik
Movant(s):
Bank of America, N.A. Represented By
Melissa A Vermillion Bonni S Mantovani Alexander G Meissner
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON TRUST, NATIONAL ASSOCIATION VS
DEBTOR
Docket 40
Debtor's case was dismissed on August 9, 2018; however, because movant has requested in rem relief the court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
According to the evidence, movant has a claim in the amount of
$148,425.17 secured by a lien on the subject property. The Court is unable to make a finding establishing the value of the property because movant has not provided an authenticated valuation of the property. There is no evidence that the debtor has made or tendered any payments to movant since the petition date. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1). Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject
10:00 AM
property without the consent of the movant or Court approval. 11 U.S.C. § 362(d)(4).
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ana Delgado Pro Se
Movant(s):
Wilmington Trust, National Represented By Cassandra J Richey
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
COMMUNITY DEVELOPMENT FUND IV TRUST
VS DEBTOR
Docket 43
Debtor's case was dismissed on August 8, 2018; however, because movant has requested for the Court to annul the stay the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to
10:00 AM
the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl.
Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied. All other relief is denied.
The movant shall submit an appropriate order.
Debtor(s):
Ana Delgado Pro Se
Movant(s):
Community Development Fund IV Represented By
Reilly D Wilkinson
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
NICHOLAS J SIPPL AND LINDA HART
VS DEBTOR
fr. 4-3-18; 7-10-18
Docket 101
This matter is CONTINUED to September 25, 2018 at 10:00 a.m. to allow the hearing on the Sale Motion to occur and escrow to close on the subject real property. Appearances waived.
Debtor(s):
Michael Torres Pro Se
Joint Debtor(s):
Carla Torres Pro Se
Movant(s):
Nicholas J. Sippl and Linda Hart Represented By
Martin W. Phillips
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack Laila Masud
10:00 AM
Adv#: 2:16-01291 Mastan v. Jeffrey Licht & Associates, Inc. et al
fr. 7-10-18, 7-17-18
[RULING ONLY]
Docket 132
None.
Debtor(s):
Avenue K1753, LLC Represented By Allan D Johnson
Defendant(s):
Jeffrey Licht & Associates, Inc. Pro Se
Jeffrey Licht Represented By
Lara R Shapiro
Movant(s):
Peter J. Mastan Represented By Meghann A Triplett Jeremy Faith
Plaintiff(s):
Peter J. Mastan Represented By Meghann A Triplett
10:00 AM
Trustee(s):
Jeremy Faith
Peter J Mastan (TR) Represented By Nina Z Javan
Meghann A Triplett
2:00 PM
Adv#: 2:17-01516 Villas Del Rey Condominium Assoc. v. Roshan
fr. 1-9-18, 1-16-18; 3-20-18; 3-27-18; 6-5-18
Docket 1
None.
Debtor(s):
Kaveh Roshan Represented By Lane K Bogard
Defendant(s):
Kaveh Roshan Pro Se
Plaintiff(s):
Villas Del Rey Condominium Assoc. Represented By
Dennis E McGoldrick
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:18-01156 Carbajal Carlos v. Carlos
fr 7-17-18
Docket 1
The parties should be prepared to explain why they should not be sanctioned pursuant to Local Bankruptcy Rule 7016-1(a) for failure to file a joint status report in advance of this status conference.
Debtor(s):
Rosicela Carbajal Carlos Represented By Marc C Hodges
Defendant(s):
Melesio Carlos Pro Se
Plaintiff(s):
Rosicela Carbajal Carlos Represented By Marc C Hodges
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:16-01291 Mastan v. Jeffrey Licht & Associates, Inc. et al
fr. 7-10-18, 7-17-18; (TRAILED FROM 10:00 A.M. CALENDAR)
[RULING ONLY]
Docket 132
None.
Debtor(s):
Avenue K1753, LLC Represented By Allan D Johnson
Defendant(s):
Jeffrey Licht & Associates, Inc. Pro Se
Jeffrey Licht Represented By
Lara R Shapiro
Movant(s):
Peter J. Mastan Represented By Meghann A Triplett Jeremy Faith
Plaintiff(s):
Peter J. Mastan Represented By Meghann A Triplett Jeremy Faith
2:00 PM
Trustee(s):
Peter J Mastan (TR) Represented By Nina Z Javan
Meghann A Triplett
2:00 PM
Adv#: 2:16-01291 Mastan v. Jeffrey Licht & Associates, Inc. et al
Avoidance of Preferential Transfers [11 U.S.C. § 547];
Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A);
Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B)];
Recovery of Avoided Transfers [11 U.S.C. § 550];
Disallowance of Claims [11 U.S.C. § 502]
fr 3-7-17; 3-28-17; 9-5-17, 10-3-17; 11-7-17; 1-30-18;
5-1-18; 7-17-18
Default entered by clerk against defendant
Docket 20
Pursuant to the parties' stipulation of July 12, 2018, this pretrial
2:00 PM
conference is CONTINUED to August 21, 2018 at 2:00 p.m. The Court will enter an order approving the stipulation. Appearances waived.
Debtor(s):
Avenue K1753, LLC Represented By Fadi Amer
Defendant(s):
Jeffrey Licht & Associates, Inc. Pro Se
Jeffrey Licht Represented By
Lara R Shapiro
Plaintiff(s):
Peter J. Mastan Represented By Meghann A Triplett Jeremy Faith
Trustee(s):
Peter J Mastan (TR) Represented By Nina Z Javan
Meghann A Triplett
2:00 PM
Adv#: 2:18-01141 Point.360, a California Corporation v. Medley Capital Corporation et al
intentional misrepresentation;
concealment
negligent misrepresentation
mandatory subordination
equitable subordination
recharacterization
objection to claims fr. 7-10-18
Stipulation re further continuance of status conference filed 7/23/18
Docket 1
NONE LISTED -
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
Defendant(s):
Medley Capital Corporation Pro Se
Medley Opportunity Fund II LP Pro Se
Deloitte Corporate Finance, LLC Pro Se Deloitte Transactions and Business Pro Se
Plaintiff(s):
Point.360, a California Corporation Represented By
2:00 PM
Lewis R Landau
10:00 AM
Docket 0
NONE LISTED -
1:30 PM
fr 10-18-17; 12-13-17; 2-28-18; 4-18-18; 5-30-18
Docket 70
NONE LISTED -
Debtor(s):
Marietta Soltis Asumbrado Represented By Mariano A Alvarez
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
fr 2-14-18; 4-11-13, 6-13-18
Docket 166
NONE LISTED -
Debtor(s):
Oscar Eduardo Carmona Represented By Nicholas W Gebelt
Joint Debtor(s):
Evey Ibeth Carmona Represented By Nicholas W Gebelt
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-18-17; 12-13-17; 3-28-18; 5-30-18
Docket 29
NONE LISTED -
Debtor(s):
Aleck Evan Syms Represented By
Richard A Brownstein
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18; 6-27-18; 7-18-18
Docket 58
NONE LISTED -
Debtor(s):
Jaime Rene Anaya Represented By Steven A Wolvek
Joint Debtor(s):
Paula Oralia Anaya Represented By Steven A Wolvek
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 1-10-18; 2-28-18; 4-11-13; 6-13-18
Docket 31
NONE LISTED -
Debtor(s):
Mark Logan Represented By
Melissa A Clark Katherine Sandoval
Joint Debtor(s):
Patricia Logan Represented By Melissa A Clark Katherine Sandoval
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-20-17; 11-15-17; 3-28-18; 5-30-18
Docket 42
NONE LISTED -
Debtor(s):
Franklin Hernan Gonzalez Represented By Michael Y Lo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 11-15-17; 2-14-18; 4-11-13; 6-13-18
Docket 41
NONE LISTED -
Debtor(s):
Maria Isabel Ochoa Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-13-18
Docket 59
NONE LISTED -
Debtor(s):
Louie Jim Pagoulatos Represented By Brad Weil
Joint Debtor(s):
Rosemary Guzman Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-15-17; 1-31-18; 3-28-18; 4-18-18; 6-27-18
Docket 35
NONE LISTED -
Debtor(s):
Alma Lileana Polanco Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18; 7-11-18
Docket 47
NONE LISTED -
Debtor(s):
Nicholas Paul Richards Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18; 7-18-18
Docket 33
NONE LISTED -
Debtor(s):
Carolyn Denise Echols Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18
Docket 64
NONE LISTED -
Debtor(s):
Gina Maria Dapremont Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18
Docket 39
NONE LISTED -
Debtor(s):
Alec Anthony Bauer Represented By Phillip Myer
Joint Debtor(s):
Angelica Bauer Represented By Phillip Myer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 1-31-18; 3-28-18; 5-30-18; 7-18-18
Docket 18
NONE LISTED -
Debtor(s):
Kimberly LaTreese Dunham Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-11-18; 5-30-18; 7-18-18
Docket 37
NONE LISTED -
Debtor(s):
Anthony Ginnane Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18; 7-11-18
Docket 21
NONE LISTED -
Debtor(s):
Raul Enrique Carranza Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 5-30-18; 7-18-18
Docket 28
NONE LISTED -
Debtor(s):
Linda C Sanchez Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 6-13-18
Docket 25
NONE LISTED -
Debtor(s):
Maria Agnes Ahyong Miranda Represented By
Hasmik Jasmine Papian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 62
NONE LISTED -
Debtor(s):
Raquel Flores Concepcion Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 34
NONE LISTED -
Debtor(s):
Omar Kader Represented By
Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 51
NONE LISTED -
Debtor(s):
Diane R Friberg Represented By
William R Schuchman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 42
NONE LISTED -
Debtor(s):
Jose Eladio Guardado Represented By
Glenn Ward Calsada
Joint Debtor(s):
Maria Margoth Guardado Represented By
Glenn Ward Calsada
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 25
NONE LISTED -
Debtor(s):
Nicolas Delgado Barrera Represented By Leonard Pena
Joint Debtor(s):
Dominga Barrera Represented By Leonard Pena
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 83
NONE LISTED -
Debtor(s):
Daniel Rodriguez Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Karina Padilla Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 253
NONE LISTED -
Debtor(s):
Jorge Oswaldo Obregon Represented By Susan Salehi
Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 103
NONE LISTED -
Debtor(s):
Robert Edward Travis Represented By Michael G Spector Vicki L Schennum
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 58
NONE LISTED -
Debtor(s):
Zohrab Wartkes Hairic Represented By Sylvia Lew David A Tilem
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 66
NONE LISTED -
Debtor(s):
Benjo James Pigtain Certeza Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 31
NONE LISTED -
Debtor(s):
Claudia Elizabeth Rocha Represented By Heather J Canning Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 64
NONE LISTED -
Debtor(s):
Michelle Jacildo Mandel Represented By Steven B Lever
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
NONE LISTED -
Debtor(s):
Linda Judy Glau Represented By Michael E Clark
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 20
NONE LISTED -
Debtor(s):
Pedro Hernandez Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
NONE LISTED -
Debtor(s):
Brian Paul Gutierrez Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 25
NONE LISTED -
Debtor(s):
Omar Verbera Herrera Represented By James C Shields
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
NONE LISTED -
Debtor(s):
Gerardo Ricardo Preciado Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 50
NONE LISTED -
Debtor(s):
Arnold Lydell Youngblood Represented By Dana C Bruce Crystal Johnson
Joint Debtor(s):
Sylvia Stacey Gonzales Represented By Dana C Bruce
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 55
NONE LISTED -
Debtor(s):
Asfren Ibanez Bautista Represented By Gregory M Shanfeld
Joint Debtor(s):
Tricia Louise Bautista Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-27-18; 7-18-18
Docket 49
NONE LISTED -
Debtor(s):
Asfren Ibanez Bautista Represented By Gregory M Shanfeld
Joint Debtor(s):
Tricia Louise Bautista Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 31
NONE LISTED -
Debtor(s):
Clark Oliver Lishey Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 61
NONE LISTED -
Debtor(s):
Denise M. Jenkins Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
No opposition having been filed, and good cause presented, the motion is GRANTED. The order dismissing the debtors' bankruptcy case entered by the court on July 24, 2018 is vacated. The automatic stay is reinstated as of the entry of the order granting the motion. Any actions taken by any creditors of the estate between the July 24, 2018 entry of the order dismissing this chapter 13 case and the date of entry of this order shall not be affected by reinstatement of this bankruptcy case. Further, debtor is ordered to pay any delinquent plan payment amounts within 7 days of entry of this order. This language must be included in the order.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Gilberto Rojas Martinez Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 25
None.
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 40
None.
Debtor(s):
Gustavo Guijarro Represented By
R Grace Rodriguez
Joint Debtor(s):
Nelida R. Guijarro Represented By
R Grace Rodriguez
Movant(s):
Gustavo Guijarro Represented By
R Grace Rodriguez
Nelida R. Guijarro Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 57
None.
Debtor(s):
Tomacka Thrasher Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
None.
Debtor(s):
Robert Gabriel Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Case dismissed 7/3/18
Docket 27
None.
Debtor(s):
Marcelo E Polanco Represented By LeRoy Roberson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 95
No opposition having been filed, and good cause presented, the motion is GRANTED. Movant shall have an allowed administrative claim in the total amount of $5,505.28. Movant shall submit an appropriate order.
Appearances waived.
Debtor(s):
Jorge Alberto Rosa Jr. Represented By Steven A Alpert
Joint Debtor(s):
Heather Nicole Rosa Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 5-16-18
Docket 38
None.
Debtor(s):
Keith Berglund Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18; 4-11-18; 5-16-18
Docket 34
NONE LISTED -
Debtor(s):
Keith Berglund Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 39
On August 3, 2018, Bank of America filed an amended proof of claim ("Claim No. 1-2") to resolve Debtor’s objections. With the filing of the amended claim, Debtor’s objection to proof of claim ("Claim No. 1-1") is now moot. Accordingly, Debtor's objection is OVERRULED. Appearances waived.
Debtor shall serve and lodge an appropriate order via the Court’s LOU system.
Debtor(s):
Edward L Franco Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
No opposition was filed.
The debtors' objection to proof of claim ("Claim No. 4") filed with the Court’s Claims Register by Wells Fargo Bank, N.A. is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, the debtors have established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The Court reclassifies Claim No. 4 as a general unsecured claim. The debtors shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Larry Thomas Represented By Gregory M Shanfeld
Joint Debtor(s):
Janine Lenett Thomas Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 21
The objection to the exemption is SUSTAINED. The failure of the debtor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the Chapter 13 trustee has established a prima facie case for granting the relief requested. The debtor is not permitted to claim the wildcard exemption in the amount of $3,650.00 under CCP § 703.140(b)(5), since this amount exceeds the statutory maximum. The Chapter 13 trustee shall submit an appropriate order. Appearances waived.
Debtor(s):
Alfredo Gutierrez Represented By Jaime A Cuevas
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 12
The objection to the exemption is SUSTAINED. The failure of the debtor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the Chapter 13 trustee has established a prima facie case for granting the relief requested. The debtor is not permitted to claim an exemption for her clothing in the amount of $400.00 under CCP § 704.010, since that code section only provides for the exemption of equity, sale proceeds, or insurance proceeds related to a motor vehicle. The Chapter 13 trustee shall submit an appropriate order. No appearance is necessary.
Debtor(s):
Yvette Eloise Fluker-Cook Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 38
No opposition was filed.
The debtor's objection to proof of claim ("Claim No. 18") filed with the Court’s Claims Register by CACH, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The Court disallows Claim No. 18, as such claim arises out of a judgment that does not involve the debtor. Thus, it appears that Claim No. 18 was mistakenly filed in the debtor's bankruptcy case. The debtor shall submit an appropriate order granting the relief requested.
Debtor(s):
Rosicela Carbajal Carlos Represented By Marc C Hodges
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Funding, LLC.
Docket 37
No opposition was filed.
The debtor's omnibus objection to various proofs of claim ("Claim Nos.
10, 12, 13, 15, 16, and 17") filed with the Court’s Claims Register by LVNV Funding, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, the debtor has established a prima facie case for granting the relief requested.
Appearances waived.
The objection is sustained. The Court disallows Claim Nos. 10, 12, 13, 15, 16, and 17, as the four-year statute of limitations has expired on each account under California Code of Civil Procedure Section 337. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Rosicela Carbajal Carlos Represented By Marc C Hodges
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 25
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. Accordingly, the Court takes this matter OFF CALENDAR for non-receipt of a Judge's Copy. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion.
Appearances waived.
Debtor(s):
Raul De Jesus Represented By Stuart R Simone
Joint Debtor(s):
Rosa Ortega Represented By
Stuart R Simone
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
None.
Debtor(s):
Raul De Jesus Represented By Stuart R Simone
Joint Debtor(s):
Rosa Ortega Represented By
Stuart R Simone
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 59
NONE LISTED -
Debtor(s):
Greer Yvonne Davis Represented By
Rabin J Pournazarian
Movant(s):
Greer Yvonne Davis Represented By
Rabin J Pournazarian Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
None.
Final Ruling:
This motion has been set for hearing on the notice required by LBR 4001(c)(1) and LBR 9013-1(d)(2). The failure of any party in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 90913-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further,
because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir.
2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Debtor seeks to value debtor’s residence at a fair market value of
$325,000 as of April 15, 2018. The subject property is encumbered by a first deed of trust lien held by US Bank N.A.(serviced by Mr. Cooper), securing a loan with a balance as of the petition date of approximately $344,927.88 and a second deed of trust held by Ocwen/Nationwide Credit Inc./Meritage Mortgage Corporation, securing a loan with a balance as of the petition date of approximately $102,878.15. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No
1:30 PM
opposition was filed. Therefore, Ocwen’s claim secured by a junior deed of trust lien is completely under-collateralized.
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan or the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan or upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Andres Matias Represented By Lionel E Giron
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 20
The valuation motion is DENIED without prejudice.
Debtors seek to value debtor's PERSONAL PROPERTY, a 2012 BMW 325i, at a value of $8,539. The subject property is secured by an interest held by Well Fargo Dealer Services, securing a loan with a balance as of the petition date of approximately $12,792. Debtor has not established a prima facie case for the granting of the relief requested in the motion.
Debtor must use the retail value of the car, and submit a Kelley Blue Book/N.A.D.A. Guide retail value or other such evidence of valuation. Courts have employed a variety of vehicle valuation methods under § 506(a)(2), and presently the Ninth Circuit has not established a uniform method. See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal.) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit).
However, in In re Morales, the United States Bankruptcy Court for the Central District of California determined that retail value should be calculated "by adjusting the Kelley Blue Book or N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr. C.D. Cal. 2008). Appearances waived.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Amalia Vizcarra Represented By
R Grace Rodriguez
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 19
None.
Final Ruling:
This motion has been set for hearing on the notice required by LBR 4001(c)(1) and LBR 9013-1(d)(2). The failure of any party in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 90913-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further,
because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir.
2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Debtor seeks to value debtor’s residence at a fair market value of
$650,000 as of March 31, 2018. The subject property is encumbered by a first deed of trust lien held by Bayview Financial Loan, securing a loan with a balance as of the petition date of approximately $765,042.57 and a second deed of trust held by Real Time Resolutions, securing a loan with a balance as of the petition date of approximately $30,146.89. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, Real Time Resolutions’s claim secured by a junior deed of trust lien is completely under-collateralized.
1:30 PM
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan or the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan or upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
David Michael Salazar Represented By Steven Ibarra
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 14
Service of this motion was improper. Movants are to refer to Judge Brand's "Guidelines for Valuing and Avoiding Liens in Chapter 13 Cases" on the court website for guidance as to proper service of the motion including compliance with FRBP 7004 and LBR 4003-2(c).
Further, pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. In this case, the Court did not receive a Judge's Copy of the motion. Accordingly, the Court takes this matter OFF CALENDAR. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion. Appearances waived.
Debtor(s):
Antonio Luis Gilbreath Represented By
Raj T Wadhwani
Joint Debtor(s):
Dione Renken Gilbreath Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 20
The motion is DENIED without prejudice. The subject property is property located in New York and Debtor's current residence, according to her petition, is in California. Therefore, Debtor cannot use Local Bankruptcy Rules Form F 4003-2.4.JR.LIEN.MOTION to file the motion, as such form requires the subject property to be the debtor’s principal residence. Debtor may refile the motion using pleading paper or another appropriate Local Bankruptcy Rules form, if applicable. Appearances waived.
Debtor(s):
Eyiko Eleen Abarca Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 21
None.
Debtor(s):
Michelle Carter Represented By Kevin Tang
10:00 AM
Telephonic Hearing
Anthony Egbase to appear by telephone
Docket 56
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
Telephonic Hearing
fr. 8-13-15; 9-24-15; 1-28-16, 5-26-16; 9-28-16
1-26-17, 5-25-17; 8-24-17, 12-14-17; 2-1-18; 3-29-18,
5-3-18; 5-31-18
Ian S Landsberg to appear by telephone
Docket 1
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
Telephonic Hearing
Alan W Forsley to appear by telephone
Docket 1
None.
Debtor(s):
N. L. Abrolat, Inc. Represented By Alan W Forsley
Marc A Lieberman
10:00 AM
Docket 104
None.
Debtor(s):
Winston O'Mally Represented By Frank J Alvarado
10:00 AM
Docket 1032
No opposition having been filed, and good cause presented, the motion is GRANTED. The Asset Disposition deadline is hereby extended through and including October 5, 2018. Debtors shall submit an appropriate order. Appearances waived.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Capital Partners LLC And 1111 Sunset Boulevard, LLC's Request For Allowance And Payment Of Administrative Claim
Docket 661
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
fr. 7-5-18
Docket 255
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
fr. 6-28-18
Docket 232
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
fr. 12-14-17; 5-17-18, 5-10-18; 6-28-18
Docket 15
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
fr. 7-19-18. 8-16-18
Docket 245
None.
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
H. Aver, A Professional Corporation, General Insolvency Counsel For Wilma Seneviratne For Allowance Of Fees And Reimbursement Of Costs
fr. 8-16-18
Docket 261
None.
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
Order Approving Compensation And Reimbursement Of Expenses
fr. 8-16-18
Docket 260
No opposition was filed.
The Court has reviewed the Final Fee Application of the Law Offices of Marta C. Wade. The Court GRANTS the Application and awards $8,740.00 in fees and $170.86 in costs for the period of February 21, 2017 through October 31, 2017. The Court approves on a final basis the total amount of
$8,910.86 in fees and costs. Any unpaid balance is to be paid by the debtor. The Court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1).
Appearances waived.
Applicant is to lodge an appropriate order.
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
for MENCHACA & COMPANY LLP CPA, Accountant fr. 8-16-18
[Insufficient notice time]
Docket 266
None.
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
2:00 PM
Authorizing Sale of Free and Clear of Liens, Claims, and Interests
Approving Proposed Overbid Procedures
Determining that Buyers are Good Faith Purchasers
Authorizing Payment of Costs of Sale from Escrow; and
Waiving the Fourteen (14) Day Stay Prescribed
by Rule 6004(h) of the Federal Rules of Bankruptcy Procedure
Docket 153
None.
Debtor(s):
Michael Torres Pro Se
Joint Debtor(s):
Carla Torres Pro Se
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack Laila Masud
2:00 PM
Howard M Ehrenberg
Docket 37
None.
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Howard M. Ehrenberg. Howard M. Ehrenberg ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized
$1,500.00 in fees and $118.42 in expenses for a total of $1,618.42. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys
2:00 PM
in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $7,500. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Debtor(s):
Paul Middleton Clark Jr. Represented By
Michael H Raichelson
Trustee(s):
Howard M Ehrenberg (TR) Represented By Claire K Wu
2:00 PM
Docket 35
Sulmeyer Kupetz: The court has reviewed the Application of Sulmeyer Kupetz for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $10,955 in fees, with a reduced proposed payment of $3,000 in fees and $18.90 in expenses. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Trustee is to lodge an appropriate order.
Paul Middleton Clark Jr. Represented By
Michael H Raichelson
Trustee(s):
Howard M Ehrenberg (TR) Represented By Claire K Wu
10:00 AM
petition preparer Albert Knowles dba The Bankruptcy Clinic
fr. 7-19-18
Docket 40
None.
Debtor(s):
Steve Butler Represented By
Brad Weil
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
FINANCIAL SERVICES VEHICLE TRUST VS
DEBTOR
Docket 40
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of the debtor's 2015 BMW M6. The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Emile Auguste Jr. Represented By Roseann Frazee
Movant(s):
10:00 AM
Financial Services Vehicle Trust Represented By
Bret D. Allen Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SANTANDER CONSUMER USA INC VS
DEBTOR
Docket 46
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to apply relevant insurance proceeds to the claim securing the debtor's vehicle. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue).
Here, the Court finds cause to permit Movant to apply the insurance proceeds to its secured claim on the debtor's vehicle. Movant may proceed in accordance with applicable non-bankruptcy law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or estate property, except for filing of a Proof of Claim and/or timely bringing a non-dischargeability adversary proceeding.
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
10:00 AM
This order shall be binding and effective despite any conversion of the bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Angela Gabriela Padron Represented By Kevin Liu
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK NATIONAL ASSOCIATION
VS DEBTOR
Docket 110
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. Accordingly, the Court takes this matter OFF CALENDAR for non-receipt of a Judge's Copy. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion.
Appearances waived.
Debtor(s):
Saul Quirarte Represented By
Luis G Torres
Joint Debtor(s):
Guadalupe Z Quirarte Represented By Juanita V Miller Luis G Torres
Movant(s):
JPMORGAN CHASE BANK, Represented By Robert P Zahradka Terrionta K Levells Lee Gates
Joseph C Delmotte
10:00 AM
Trustee(s):
Grace Chang-Rodriguez
Nancy K Curry (TR) Pro Se
10:00 AM
FREEDOM MORTGAGE CORPORATION VS
DEBTOR
Docket 33
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Bobye Amadio Represented By Joseph L Pittera
10:00 AM
Movant(s):
Freedom Mortgage Corporation Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
VOLUNTARY DISMISSAL OF MOTION FILED 8/27/18
Docket 28
None.
Debtor(s):
Jose A Amaya Represented By Peter L Lago
Movant(s):
U.S. Bank National Association Represented By Joseph C Delmotte Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Docket 22
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtors' residence. The debtors have failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Miguel Aguirre Represented By Rebecca Tomilowitz
10:00 AM
Joint Debtor(s):
Maria Aguirre Represented By Rebecca Tomilowitz
Movant(s):
Nationstar Mortgage LLC Represented By Andrew Kussmaul John D Schlotter Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Stipulation and order to continue lodged on 8/15/18
Docket 33
Pursuant to the Court's order of August 23, 2018 (Docket No. 38), this matter is CONTINUED to October 16, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Gerald W. Goodman Represented By Stephen Parry
Joint Debtor(s):
Sylvia Goodman Represented By Stephen Parry
Movant(s):
U.S. BANK NATIONAL Represented By John Rafferty Renee M Parker
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SPECIALIZED LOAN SERVICING LLC VS
DEBTOR
Docket 39
None.
Debtor(s):
Armando Diaz Represented By Christopher J Langley
Movant(s):
Specialized Loan Servicing LLC Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY VS
DEBTOR
Docket 36
None.
Debtor(s):
Thomas J. Coster Jr. Represented By Timothy McFarlin
Movant(s):
Wilmington Savings Fund Society, Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, NATIONAL ASSOCIATION VS
DEBTOR
Docket 31
None.
Debtor(s):
Florentina Diego Represented By Onyinye N Anyama
Movant(s):
Wells Fargo Bank, National Represented By Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON TRUST, NATIONAL ASSOCIATION VS
DEBTOR
Docket 15
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtors' residence. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d) (4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is
10:00 AM
denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Carlos Rodriguez Pro Se
Joint Debtor(s):
Blanca Sanchez Pro Se
Movant(s):
Wilmington Trust, National Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 9
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on August 2, 2018. This motion was filed on August 2, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Chandra Mohan Roy Represented By Tamar Terzian
Movant(s):
Chandra Mohan Roy Represented By Tamar Terzian Tamar Terzian Tamar Terzian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SEVICING, LLC VS
DEBTOR
fr. 5-15-18; 6-26-18
Docket 211
Debtor(s):
George G Washington Represented By Julie J Villalobos Alan W Forsley
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Sam S Leslie (TR) Represented By Leonard M Shulman Rika Kido
10:00 AM
U.S. BANK N.A.
VS
DEBTOR
Docket 82
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the Court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject real property has a value of $350,000.00 and is encumbered by a perfected deed of trust or mortgage in favor of the movant. The liens against the property total $589,186.63. The Court finds there is no equity and there is no evidence that the trustee can administer the subject real property for the benefit of creditors.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU
system.
Debtor(s):
Vicente Cardozo Rosas Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Adaure C Egu
Edith Walters Clarissa D Cu Robert Rosvall
W. Sloan Youkstetter
Joint Debtor(s):
Leobarda Flores Cruz Represented By
Anthony Obehi Egbase Crystle Jane Lindsey Adaure C Egu
Edith Walters Clarissa D Cu Robert Rosvall
W. Sloan Youkstetter
Movant(s):
U.S. Bank N.A., as trustee, on behalf Represented By
Merdaud Jafarnia Nancy L Lee
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
TROJAN CAPITAL INVESTMENT LLC VS
DEBTOR
Docket 72
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the Court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject real property has a value of $490,000.00 and is encumbered by a perfected deed of trust or mortgage in favor of the movant. The liens against the property total $727,966.63. The Court finds there is no equity and there is no evidence that the trustee can administer the subject real property for the benefit of creditors.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Arturo Torres Magallon Represented By Louis J Esbin
Joint Debtor(s):
Jaclyn J Torres Represented By Louis J Esbin
Movant(s):
Trojan Capital Investment LLC Represented By
Rafael R Garcia-Salgado Richard J Reynolds Louis J Esbin
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
fr 7-2-18, 7-17-18, 8-14-18
STIPULATION TO CONTINUE FILED 8/27/18
Docket 207
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
MELESIO CARLOS VS
DEBTOR
Docket 41
None.
Debtor(s):
Rosicela Carbajal Carlos Represented By Marc C Hodges
Movant(s):
Melesio Carlos Represented By Michael D Zeff
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01378 Wolkowitz v. Eco Modular, Inc. et al
#1.00 Status Conference re Complaint for declaratory relief
fr. 10-3-17; 10-10-17; 11-14-17; 12-12-17, 1-9-18; 2-13-18; 3-27-18;
5-22-18
Docket 1
At the May 22, 2018 status conference, the Chapter 7 trustee stated that he would dismiss this adversary proceeding once the Court approved his final report and application for compensation. The Court entered an order approving the trustee's final report on July 6, 2018. See Bankr. Docket No.
179. However, this adversary proceeding remains pending. Trustee is to explain why he hasn't sought to dismiss this adversary proceeding.
Debtor(s):
Marco Antonio Garcia Represented By
William H Brownstein
Levene Neale Bender Yoo & Brill LLP
2:00 PM
Defendant(s):
Eco Modular, Inc. Pro Se
Jose Gomez Pro Se
Marco Antonio Garcia Pro Se
Plaintiff(s):
Edward M Wolkowitz Represented By Monica Y Kim
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay Monica Y Kim
10:00 AM
Adv#: 2:18-01046 Ridley v. Walton
Docket 1
Debtor(s):
Paula Louise Walton Represented By
Richard L. Sturdevant
Defendant(s):
Paula Louise Walton Represented By
Richard L. Sturdevant
Plaintiff(s):
Alan Ridley Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 28
None.
Debtor(s):
Michelle Carter Represented By Kevin Tang
10:00 AM
fr. 8-23-18
Docket 21
None.
Debtor(s):
Michelle Carter Represented By Kevin Tang
10:00 AM
Docket 62
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
11 U.S.C. 1112(b)(1) with an Order Directing Payment of Quarterly Fees and for Judgment Thereon
Docket 17
None.
Debtor(s):
James Anthony Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
10:00 AM
fr. 3-24-16; 7-21-16; 11-17-16; 3-30-17; 8-3-17, 12-14-17
4-12-18
Docket 0
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Capital Partners LLC And 1111 Sunset Boulevard, LLC's Request For Allowance And Payment Of Administrative Claim
fr. 8-23-18
Docket 661
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Docket 0
None.
Debtor(s):
Bernice Morales Represented By
Anthony Obehi Egbase Crystle J Lindsey Edith Walters
Clarissa D Cu Robert Rosvall
10:00 AM
#6.00 Confirmation of Debtor's Plan of Reorganization fr. 8-16-18
Docket 0
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 171
No opposition having been filed, and good cause appearing, the motion is GRANTED. The Court grants debtor's discharge prior to completion of plan payments since the Court determines that discharge should be granted under 11 U.S.C. § 1141(d)(5)(B). Further, the debtor's bankruptcy case shall be closed pursuant to the entry of the final decree. Debtor shall upload an appropriate order via the court's LOU system.
Appearances waived.
Debtor(s):
Mohdsameer Y Aljanedi Represented By
M. Jonathan Hayes Roksana D. Moradi-Brovia
10:00 AM
Docket 1035
None.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
2:00 PM
Docket 41
None.
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Brad D. Krasnoff. Brad D. Krasnoff ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $4,749.76 in fees and $249.28 in expenses. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
2:00 PM
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $39,997.63. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Debtor(s):
California Siding, Inc. Represented By
L. Walker Van Antwerp III
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Docket 92
None.
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
David M. Goodrich. David M. Goodrich ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $1,766.97 in fees and $66.68 in expenses. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
2:00 PM
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $10,169.68. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Debtor(s):
Imelda Tacto Oribello Represented By Mark S Martinez
Joint Debtor(s):
Baltazar Nalupa Oribello Represented By Mark S Martinez
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Docket 5
None.
Debtor(s):
Aveta Parsazad Pro Se
2:00 PM
Docket 4
None.
Debtor(s):
Ricardo Lopez Pro Se
2:00 PM
Docket 169
None.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
2:00 PM
Docket 28
None.
Debtor(s):
Soheyla Richter Pro Se
Movant(s):
Soheyla Richter Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CARON NORMANDIE PLAZA, LLC VS
DEBTOR
Docket 7
Debtor's case was dismissed on August 21, 2018; however, because Movant has requested in rem relief, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1), (d)(2), and (d)(4). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on April 18, 2018. Movant filed an unlawful detainer complaint on April 26, 2018. Debtor filed the bankruptcy petition on August 3, 2018 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
Furthermore, the court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4).
10:00 AM
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Hwa Su Kim Pro Se
Movant(s):
Caron Normandie Plaza, LLC Represented By Joseph Cruz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Austin P. Nagel to appear by telephone
Docket 22
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is lessor of the debtors' 2014 Lexus ES350. Based on the evidence presented, the lease matured on July 11, 2018. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Andrew Kim Represented By
Donny A Ekine
Joint Debtor(s):
Kim S. Kim Represented By
Donny A Ekine
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Austin P. Nagel to appear by telephone
Docket 27
None.
Debtor(s):
Regina Gale Willis Represented By Jacqueline D Serrao
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
QUANTUM3 GROUP LLC VS
DEBTOR
Austin P. Nagel to appear by telephone
Docket 24
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2014 Mercedes-Benz C250W. The debtor has failed to pay 8 post- petition payments. Also, the debtor has not provided movant with proof of insurance on the vehicle. This is "cause" to terminate the stay under 11
U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Vartan Vartanyan Represented By Daniel King
Movant(s):
Quantum3 Group LLC as agent for Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK, N.A. VS
DEBTOR
Docket 42
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of the debtors' 2015 Mazda M6G. Based on the evidence presented, the lease matured on May 5, 2018. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
William Ronald Lively Represented By Louis J Esbin
10:00 AM
Joint Debtor(s):
Kathleen Ann Lively Represented By Louis J Esbin
Movant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Joseph M Pleasant
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MMCA LEASE LTD VS
DEBTOR
Docket 22
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of the debtors' 2014 Mitsubishi Outlander. The debtors have failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Alexander Macoy Epino Represented By Lawrence B Yang
10:00 AM
Joint Debtor(s):
Joann Consolacion-Domingo Epino Represented By
Lawrence B Yang
Movant(s):
MMCA Lease LTD Represented By Scott S Weltman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
fr. 3-6-18; 4-3-18; 6-12-18, 7-17-18
Docket 99
None.
Debtor(s):
Lilia Velasco Represented By
Barry E Borowitz
Movant(s):
Wells Fargo Bank, N.A. Represented By Trang Truong
William P McCooe Jr Judith Trigg-Hart Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
fr 10-3-17; 10-31-17; fr 12-5-17; 12-13-17; 1-30-18; 2-27-18;
5-1-18; 7-10-18
Dane Exnowski to appear by telephone Case dismissed 11/9/17
Docket 33
None.
Debtor(s):
Michelle L Eshaghpour Represented By David S Hagen
Movant(s):
WELLS FARGO BANK, N. A. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
VS DEBTOR
fr. 8-14-18
Docket 41
None.
Debtor(s):
Clettious E Woolfork Represented By Elena Steers
Movant(s):
JPMorgan Chase Bank, National Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY, FSB VS
DEBTOR fr. 8-14-18
Stipulation for adequate protection filed 8/23/18
Docket 23
Debtor(s):
Araceli V. Mickes Represented By Gregory M Shanfeld
Movant(s):
Wilmington Savings Fund Society, Represented By
Erin M McCartney Mark S Krause
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY VS
DEBTOR
fr 6-26-18, 7-17-18
Docket 38
On August 27, 2018, the Court entered an order approving the parties' stipulation resolving this matter (Docket No. 51). Further, on August 29, 2018, the Court entered an order dismissing Debtor's bankruptcy case (Docket No. 52). Accordingly, this matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Wilbert Bradford Jr Represented By
James D. Hornbuckle
Movant(s):
Deutsche Bank National Trust Represented By Joseph C Delmotte Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK TRUST, N.A. VS
DEBTOR(S) fr. 8-14-18
Stipulation for adequate protection filed 8/30/18
Docket 35
On August 31, 2018, the Court entered an order approving the parties' stipulation for adequate protection (Docket No. 46). Accordingly, this matter has been resolved and is now OFF CALENDAR. Appearances waived.
Debtor(s):
Cesar Garza Represented By
Brad Weil
Joint Debtor(s):
Norma Robles Represented By Brad Weil
Movant(s):
U.S. Bank Trust, N.A., as Trustee for Represented By
Christina J O
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Stipulation for adequate protection filed 8/30/18
Docket 49
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 5 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
VELLADEMEIR PARSADANIAN Represented By
Shirlee L Bliss
10:00 AM
Movant(s):
Nationstar Mortgage LLC as Represented By Nancy L Lee Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Charles J Brash to appear by telephone
Docket 132
None.
Debtor(s):
Gary Alvarez Represented By
Charles J Brash
Joint Debtor(s):
Jodi Alvarez Represented By
Charles J Brash
Movant(s):
WELLS FARGO BANK, N.A. Represented By Joseph C Delmotte William P Barrett Tunisia Cooper Jamie D Hanawalt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK TRUST COMPANY AMERICAS
VS DEBTOR
Docket 36
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. In this case, the Court did not receive a Judge's Copy of the motion and; thus, was unable to review the contents therein.
Accordingly, the Court takes this matter OFF CALENDAR. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion. Appearances waived.
Debtor(s):
Khamshabe Koochof Represented By Matthew D. Resnik
Joint Debtor(s):
Herachik Koochof Represented By Matthew D. Resnik
Movant(s):
DEUTSCHE BANK TRUST Represented By Joseph C Delmotte
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CITIBANK, N.A.
VS
DEBTOR
Stipulation re adequate protection filed 8/31/18 Megan Lees to appear by telephone
Docket 24
None.
Debtor(s):
Shahram Sharifi Represented By William J Smyth Stephen S Smyth
Movant(s):
Citibank, N.A. Represented By Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 9
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on August 10, 2018. This motion was filed on August 21, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Betty Brandly Represented By Michael Jay Berger
Movant(s):
Betty Brandly Represented By Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 12
Judge Brand's Self-Calendaring Instructions allow the moving party on a motion for order imposing a stay or continuing the stay to self-calendar the motion on shortened notice. However, these Instructions require the movant to file and serve all moving papers on the trustee and any creditor affected by overnight mail, facsimile or personal service at least 14 days before the date scheduled for hearing.
Here, Debtor failed to serve the motion and notice of the hearing by overnight mail. Further, Debtor failed to provide a declaration attesting to the facts asserted in the motion. Accordingly, the motion is DENIED.
Debtor(s):
Richard Romero Represented By Yelena Gurevich
Movant(s):
Richard Romero Represented By Yelena Gurevich
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 15
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtors filed the voluntary chapter 13 petition on August 14, 2018. This motion was filed on August 20, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtors seek a continuation of the automatic stay as to all creditors. However, based on the proof of service attached to the motion, only secured creditors Statebridge Company, LLC
10:00 AM
and The Bank of New York Mellon were properly served pursuant to the Court's shortened notice procedures. Therefore, the Court GRANTS the relief requested in the motion only as to these two secured creditors, based upon an apparent change in the personal and financial affairs of the debtors since dismissal of the last case. Appearances waived.
Debtors' counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Celestino Lopez Represented By
Anthony Obehi Egbase
Joint Debtor(s):
Dinora Elizabeth Lopez Represented By
Anthony Obehi Egbase
Movant(s):
Celestino Lopez Represented By
Anthony Obehi Egbase Anthony Obehi Egbase
Dinora Elizabeth Lopez Represented By
Anthony Obehi Egbase
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SAMUEL CONDORETTI VS
DEBTOR
Docket 21
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. In this case, the proof of service does not indicate that the Court was served, the Court did not receive a Judge's Copy of the motion and; thus, was unable to review the contents therein. Accordingly, the Court takes this matter OFF CALENDAR. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion. Appearances waived.
Debtor(s):
David Blaine Campbell Represented By William Huestis
Movant(s):
Samuel Condoretti Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
VS DEBTOR
Docket 11
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on March 22, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on March 28, 2018. Debtor filed the bankruptcy petition on July 17, 2018 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Donald Armstrong Pro Se
Movant(s):
SECRETARY OF HOUSING AND Represented By
Helen G Long
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 4
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on August 9, 2018. This motion was filed on August 9, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
10:00 AM
According to the evidence, debtor seeks a continuation of the automatic stay as all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Maria O. Ahumada Represented By Ali R Nader
Movant(s):
Maria O. Ahumada Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01548 Mastan v. Biasiolo et al
Docket 18
This hearing is taken OFF CALENDAR. The Court approved a settlement of this matter.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Pierluigi Biasiolo Pro Se
Renergy Alliance Corporation, a Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
2:00 PM
Adv#: 2:17-01548 Mastan v. Biasiolo et al
fr. 1-30-18, 3-6-18; 5-15-18; 6-5-18, 8-14-18
Docket 1
The status conference is CONTINUED to October 2, 2018 at 2:00
p.m. to allow the parties to finalize their settlement and dismiss the adversary proceeding.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Pierluigi Biasiolo Pro Se
Renergy Alliance Corporation, a Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
2:00 PM
Aleksandra Zimonjic
2:00 PM
Adv#: 2:18-01141 Point.360, a California Corporation v. Medley Capital Corporation et al
intentional misrepresentation;
concealment
negligent misrepresentation
mandatory subordination
equitable subordination
recharacterization
objection to claims fr. 7-10-18; 8-21-18
Telephone Appearances:
Carey D. Schreiber Medley Capital LISTEN ONLY Daniel P Hogan Point.360
Robert A Julian Medley Capital
Docket 1
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
Defendant(s):
Medley Capital Corporation Pro Se
Medley Opportunity Fund II LP Pro Se
Deloitte Corporate Finance, LLC Pro Se Deloitte Transactions and Business Pro Se
2:00 PM
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
2:00 PM
Adv#: 2:18-01156 Carbajal Carlos v. Carlos
Docket 1
None.
Debtor(s):
Rosicela Carbajal Carlos Represented By Marc C Hodges
Defendant(s):
Melesio Carlos Represented By Michael D Zeff
Plaintiff(s):
Rosicela Carbajal Carlos Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01156 Carbajal Carlos v. Carlos
fr 7-17-18; 8-21-18
Docket 1
None.
Tentative Ruling of 8/21/18:
The parties should be prepared to explain why they should not be sanctioned pursuant to Local Bankruptcy Rule 7016-1(a) for failure to file a joint status report in advance of this status conference.
Debtor(s):
Rosicela Carbajal Carlos Represented By Marc C Hodges
Defendant(s):
Melesio Carlos Pro Se
Plaintiff(s):
Rosicela Carbajal Carlos Represented By Marc C Hodges
Trustee(s):
Nancy K Curry (TR) Pro Se
9:00 AM
Telephonic Hearing
fr 5-29-18, 6-7-18; 6-25-18; 7-6-18, 7-19-18
8-16-18
Docket 2
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
9:00 AM
Fr. 7-19-18; 8-16-18
Docket 15
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
9:00 AM
fr. 6-28-18; 8-23-18
Docket 232
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
9:00 AM
fr. 8-16-18
Docket 284
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
9:00 AM
fr. 7-5-18; 8-23-18
Docket 255
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
9:00 AM
fr. 12-14-17; 5-17-18, 5-10-18; 6-28-18; 8-23-18
Docket 15
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
fr. 4-12-18
Docket 0
This scheduling and case management conference is CONTINUED to
December 13, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle J Lindsey
W. Sloan Youkstetter
10:00 AM
Docket 237
None.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
fr. 1-18-18; 5-3-18; 6-28-18
Docket 193
None.
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
Movant(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
Docket 0
This post-confirmation status conference is CONTINUED to October 4, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
fr. 6-28-18; 8-23-18
Docket 232
Pursuant to the Court's order of June 22, 2018 (Docket No. 278), this matter is CONTINUED to August 23, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
Docket 284
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
fr. 7-5-18; 8-23-18
Docket 255
Pursuant to the Court's order of June 22, 2018 (Docket No. 278), this matter is CONTINUED to August 23, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
fr. 12-14-17; 5-17-18, 5-10-18; 6-28-18; 8-23-18
Docket 15
Pursuant to the Court's order of June 22, 2018 (Docket No. 278), this matter is CONTINUED to August 23, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr 10-18-17; 12-13-17; 1-31-18; 3-28-18; 5-30-18
6-27-18
Docket 78
- NONE LISTED -
Debtor(s):
James A Baltutis Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
fr 10-18-17; 12-13-17; 1-31-18; 3-28-18; 5-30-18
6-27-18
Docket 44
- NONE LISTED -
Debtor(s):
Monique M. Adams Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18; 7-11-18
Docket 57
- NONE LISTED -
Debtor(s):
Kevork N Ashkharian Represented By
David I Brownstein Joshua L Sternberg
Joint Debtor(s):
Sonia F Ashkharian Represented By
David I Brownstein Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-11-18
Docket 42
- NONE LISTED -
Debtor(s):
Adrian Eslava Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 6-27-18
Docket 67
- NONE LISTED -
Debtor(s):
John Darmozadeh Represented By Michael Poole
Joint Debtor(s):
Hilda Darmozadeh Represented By Michael Poole
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-22-18
Docket 62
- NONE LISTED -
Debtor(s):
Raquel Flores Concepcion Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-22-18
Docket 34
- NONE LISTED -
Debtor(s):
Omar Kader Represented By
Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
U.S.C. §1307(c)
fr. 9-20-17; 11-15-17; 1-31-18; 3-28-18; 4-18-18
6-27-18
Docket 60
- NONE LISTED -
Debtor(s):
Inna Dmitriev Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-11-18; 6-27-18
Docket 75
- NONE LISTED -
Debtor(s):
Yeng Song Represented By
Hasmik Jasmine Papian
Joint Debtor(s):
Mai Lee Song Represented By
Hasmik Jasmine Papian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-13-18; 7-11-18
Docket 46
- NONE LISTED -
Debtor(s):
Jesus Cardenas Represented By Leonard Pena
Joint Debtor(s):
Maria Dora Cardenas Represented By Leonard Pena
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18; 5-16-18; 6-27-18
Docket 26
- NONE LISTED -
Debtor(s):
Abraham Christopher Silva Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-27-18
Docket 90
- NONE LISTED -
Debtor(s):
Zoila Mercedes Salazar Represented By Jeffrey N Wishman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
U.S.C. 1307(c)
fr 3-28-18; 7-11-18
Docket 42
- NONE LISTED -
Debtor(s):
Eduard Akopyan Represented By Tyson Takeuchi Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-27-18
Docket 77
- NONE LISTED -
Debtor(s):
Edwin Ernesto Lima Represented By
R Grace Rodriguez
Joint Debtor(s):
Judith Maribel Lima Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 6-27-18
Docket 44
- NONE LISTED -
Debtor(s):
Margaret E Jones Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18; 7-18-18
Docket 44
- NONE LISTED -
Debtor(s):
Lloyd M Roberson Represented By Christie Cronenweth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 6-27-18
Docket 38
- NONE LISTED -
Debtor(s):
Ivis Lenard Byles Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-27-18
Docket 49
- NONE LISTED -
Debtor(s):
Shana Rae Kelly Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-27-18
Docket 46
- NONE LISTED -
Debtor(s):
Ricardo Ramos Represented By Luis G Torres
Joint Debtor(s):
Lucina Ramos Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 7-11-18
Docket 30
- NONE LISTED -
Debtor(s):
Travis Lovell Lindsey Sr. Represented By Todd J Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-11-18; 6-13-18; 7-11-18
Docket 35
- NONE LISTED -
Debtor(s):
David Alexander Sanchez Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18; 5-16-18; 7-11-18
Docket 38
- NONE LISTED -
Debtor(s):
Guilmar Alfredo Ruano Represented By Brian J Soo-Hoo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 7-11-18
Docket 45
- NONE LISTED -
Debtor(s):
Lisa Marie Battiest Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-27-18
Docket 37
- NONE LISTED -
Debtor(s):
Juan Jose Soria Jimenez Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Maria Del Carmen Duran Jimenez Represented By
Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-11-18
Docket 30
- NONE LISTED -
Debtor(s):
Ouida Michiko Woods Represented By Philomena N Nzegge
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-27-18
Docket 40
- NONE LISTED -
Debtor(s):
Trina Lanette Ward Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-11-18
Docket 42
- NONE LISTED -
Debtor(s):
Charlana Lafon Ragland Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-11-18
Docket 66
- NONE LISTED -
Debtor(s):
Imelda Sabillo Garcia-Fernandez Represented By
Emilia N McAfee
Trustee(s):
Nancy K Curry (TR) Represented By Emilia N McAfee
1:30 PM
fr 6-27-18
Docket 45
- NONE LISTED -
Debtor(s):
Jose Gutierrez Represented By Lauren Rode Yelena Gurevich
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-18-18
Docket 50
- NONE LISTED -
Debtor(s):
Jose Hernandez Represented By Richard A Loa
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 5-30-18; 7-18-18; 8-22-18
Docket 28
- NONE LISTED -
Debtor(s):
Linda C Sanchez Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-27-18
Docket 29
- NONE LISTED -
Debtor(s):
Ricardo Frankie Barboza Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 41
- NONE LISTED -
Debtor(s):
Vilma Enelda Iglesias Represented By Charles J Brash
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
- NONE LISTED -
Debtor(s):
Claudia Jean Hamler Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
- NONE LISTED -
Debtor(s):
Julio C. Sanchez Represented By Cynthia Grande
Joint Debtor(s):
Erica R. Sanchez Represented By Cynthia Grande
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 61
- NONE LISTED -
Debtor(s):
David Becerra Represented By David P Farrell
Joint Debtor(s):
Mariaelena Morales Becerra Represented By David P Farrell
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 18
- NONE LISTED -
Debtor(s):
Maria Christine Pingol Esclibano Represented By
Hasmik Jasmine Papian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
- NONE LISTED -
Debtor(s):
Frank D Finocchio Represented By Christie Cronenweth
Joint Debtor(s):
Jessica A Finocchio Represented By Christie Cronenweth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 54
- NONE LISTED -
Debtor(s):
Rene Garcia Represented By
Todd J Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
- NONE LISTED -
Debtor(s):
Desmond Paul McLean Represented By Jeffrey J Hagen
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
- NONE LISTED -
Debtor(s):
Theresa E. Pace Represented By
W. Derek May
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 36
- NONE LISTED -
Debtor(s):
Leobardo Alaniz Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
- NONE LISTED -
Debtor(s):
Jose Antonio Herrarte Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
- NONE LISTED -
Debtor(s):
Cesar Garza Represented By
Brad Weil
Joint Debtor(s):
Norma Robles Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
LBR 3015-1(k), (m)
Docket 45
- NONE LISTED -
Debtor(s):
Dave Behar Represented By
Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 38
- NONE LISTED -
Debtor(s):
Tisa L. Shavers Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 39
- NONE LISTED -
Debtor(s):
Magno Duenas Represented By Rebecca Tomilowitz
Joint Debtor(s):
Elizabeth Duenas Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Devin Sawdayi to appear by telephone
Docket 23
- NONE LISTED -
Debtor(s):
Erik G Fine Represented By
Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Devin Sawdayi to appear by telephone
Docket 31
- NONE LISTED -
Debtor(s):
Jennifer Goodie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 99
- NONE LISTED -
Debtor(s):
Angela D Walton Represented By Matthew D Resnik
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 5-24-17, 8-2-17; 9-20-17; 11-15-17; 12-13-17; 2-14-18
4-18-18; 6-27-18
Docket 88
- NONE LISTED -
Debtor(s):
Angela D Walton Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 55
- NONE LISTED -
Debtor(s):
Asfren Ibanez Bautista Represented By Gregory M Shanfeld
Joint Debtor(s):
Tricia Louise Bautista Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-27-18; 7-18-18; 8-22-18
Docket 49
- NONE LISTED -
Debtor(s):
Asfren Ibanez Bautista Represented By Gregory M Shanfeld
Joint Debtor(s):
Tricia Louise Bautista Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 38
- NONE LISTED -
Debtor(s):
Gerardo Ricardo Preciado Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-22-18
Docket 33
- NONE LISTED -
Debtor(s):
Gerardo Ricardo Preciado Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
- NONE LISTED -
Debtor(s):
SALVADOR MUNOZ Represented By Omar Zambrano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr 5-16-18; 8-22-18
Devin Sawdayi to appear by telephone
Docket 38
None.
Debtor(s):
Keith Berglund Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18; 4-11-18; 5-16-18; 8-22-18
Docket 34
- NONE LISTED -
Debtor(s):
Keith Berglund Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 43
The Court issued an Order to Show Cause why the Court should not close the debtor's case without any entry of discharge due to the debtor's failure to file a Certificate of Compliance and Application for Entry of Discharge. To date, the debtor has not filed such document and has not satisfied the Court’s concern.
Accordingly, the debtor’s case is ordered closed without an entry of discharge.
Debtor(s):
Lashun S. Dickson Represented By Stephen L Burton
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 54
The Order to Show Cause is discharged. Debtor has filed the necessary documents. This matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
YOLANDA E. FLORES Represented By Renee E Sanders
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 66
In response to the Court's Order to Show Cause why the case should not be closed without an entry of discharge due to the debtor's failure to complete the Debtor's Certification of Compliance and Application for entry of discharge, a Motion For Waiver of Requirement to Complete Course in Financial Management was filed ("Motion") [Docket No. 69]. In light of the Motion, the Order to Show Cause is discharged. The matter is OFF CALENDAR. Appearances waived.
Debtor(s):
Isaias L Ferrer Represented By Justin D Graham
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Case dismissed 7/3/18
fr 8-22-18
Docket 27
The Court continued the hearing on this Fee Application to allow interested parties to respond to the supplemental declaration filed by Debtor's counsel on August 21, 2018 (Docket No. 31). To date, no opposition has been filed. Accordingly, the Court approves the Fee Application as provided below.
The Court has reviewed the Application for Payment of Fees of Le'Roy Roberson. The court GRANTS the Application and awards $3,000.00 in fees pursuant to the Rights and Responsibilities Agreement. Any unpaid balance is to be paid from the estate of the debtor as funds permit. The Court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Marcelo E Polanco Represented By LeRoy Roberson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
In this instance, the applicant failed to submit a brief narrative and details, including the time period spent and the fee amounts, of services rendered that are required by LBR 2016-1(a)(1)(D), (E), (F) and (G).
Accordingly, the Court's tentative is to DENY the fee application.
Debtor(s):
Angela Marie Carfino-Hines Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Cassandra Richey to appear by telephone
Docket 12
None.
Debtor(s):
Benjie L Knox Represented By Sunita N Sood
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 46
None.
Debtor(s):
Nicholas Andrew Colachis Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Stipulation to continue hearing filed 9/8/18
Docket 66
A stipulation to continue the hearing was filed in this matter. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to November 14, 2018 at 1:30 p.m. Appearances waived.
Debtor(s):
Patricia Nickell Represented By Charles Shamash Joseph Caceres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
No opposition having been filed, the motion is GRANTED. Pursuant to LBR 9021-1(b)(1)(B), movant must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Joyce Annette Aguebor Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 11
No opposition was filed.
Debtor seek to value debtor's PERSONAL PROPERTY, a 2013 Dodge Challenger SXT, at a retail sale value of $12,725. The subject property is secured by an interest held by Santander Consumer USA, securing a loan with a balance as of the petition date of approximately $22,164.90. The valuation motion is supported by evidence as to the retail value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). Therefore, Santander Consumer USA’s claim is only partially secured by a deed of trust lien.
The debtor's motion is GRANTED. Santander Consumer USA’s claim will be allowed as a secured claim only in the amount of $12,725. 11 U.S.C.
§ 506(a). As a result, the chapter 13 plan must provide for full payment of the secured portion of the claim over the life of the plan and pay the unsecured portion of the lien with other unsecured claims. 11 U.S.C. §1325(a)(5)(B); see In re Enewally, 368 F.3d 1165, 1171-1172 (9th Cir. 2004), cert. den. 543 U.S.
1021, 125 S.Ct. 669 (2004). Appearances waived.
Pursuant to LBR 9021-1(b)(1)(B), debtor must serve and lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Andre Vaughn Richardson Represented By
1:30 PM
Trustee(s):
David P Farrell
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 22
None.
Final ruling:
This motion has been set for hearing on the notice required by LBR 4001(c)(1) and LBR 9013-1(d)(2). The failure of any party in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 90913-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further,
because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir.
2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Debtor seeks to value debtor’s residence at a fair market value of
$570,000 as of August 6, 2018. The subject property is encumbered by a first deed of trust lien held by Newpennfin-Shellpoint, securing a loan with a balance as of the petition date of approximately $624,212.05 and a second deed of trust held by Specialized Loan Servicing, securing a loan with a balance as of the petition date of approximately $60,737.75. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339
U.S. 306, 314 (1950). No opposition was filed. Therefore, Specialized Loan Servicing’s claim secured by a junior deed of trust lien is completely under- collateralized.
1:30 PM
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan or the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan or upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Ruben Raul Ruano Represented By Neil R Hedtke
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-4-18
Docket 12
None.
Debtor(s):
Richard Romero Represented By Yelena Gurevich
Movant(s):
Richard Romero Represented By Yelena Gurevich
Trustee(s):
Nancy K Curry (TR) Pro Se
11:00 AM
Claim #4 by Claimant CASH4CASES, INC.. in the amount of $ 109,317.67
fr 5-30-18; 6-13-18
Docket 35
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Movant(s):
Joseph Hoats Represented By
Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
11:00 AM
(I) Scheduling a Hearing on the Approval of the Sale of all or Substantially all of the Debtors Assets Free and Clear of all Encumbrances,
and the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases, (II) Approving Certain Bidding Procedures, Assumption and Assignment Procedures,
and the form and Manner of Notice Thereof, (III) Granting Related Relief;
(I) Approving Asset Purchase Agreement,(II) Authorizing The Sale of
all or Substantially all of the Debtors Assets Free and clear of all encmbances
(III) Authorizing the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases, And (IV) Granting Related Relief;
Scott N Schreiber to appear by telephone
Docket 153
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
Movant(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT
VS DEBTOR
Docket 48
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant holds a secured interest in the debtor's "Timeshare Interest; 60,000 Vacation Points." It is undisputed that the debtor has failed to pay post-petition monthly debt service payments since October 3, 2015.
This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system
Debtor(s):
Tyrone Elijah Tarvin Represented By
10:00 AM
Movant(s):
Jacqueline D Serrao
Diamond Resorts U.S. Collection Represented By
Thomas R Mulally
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Austin P Nagel to appear by telephone
Docket 27
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of the debtors' 2014 Lexus IS 250. Based on the evidence presented, the lease matured on July 26, 2018. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Debbie V. Hughes-Lopez Represented By Steven B Lever
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TD AUTO FINANCE LLC VS
DEBTOR
Sheryl K. Ith to appear by telephone
Docket 24
Debtor(s):
Louie Diaz Jr. Represented By
R Grace Rodriguez
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Austin P Nagel to appear by telephone
Docket 45
- NONE LISTED -
Debtor(s):
Francis Xavier M. Garcia Represented By
James Geoffrey Beirne
Joint Debtor(s):
Therese Marie Castro Garcia Represented By
James Geoffrey Beirne
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Austin P Nagel to appear by telephone
Docket 34
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant holds a secured interest and lien on the debtor's 2011 Toyota Camry. It is undisputed that the debtor has failed to pay four (4) payments post-petition. This is "cause" to terminate the stay under 11 U.S.C.
§ 362(d)(1). Appearances waived.
The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d).
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Daniel Monterroso Hernandez Represented By Nicholas M Wajda
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
fr 6-12-18, 7-17-18, 8-14-18
Docket 53
Debtor(s):
Josefina Cruz Represented By Michael Poole
Movant(s):
Wells Fargo Bank, N.A Represented By Megan E Lees Tara Evans Bruce E Brown Corey Phuse Rosemary Allen
Deborah L Rothschild Joseph C Delmotte Kelsey X Luu
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
10:00 AM
Telephonic Hearing
SPECIALIZED LOAN SERVICING LLC VS
DEBTOR fr. 8-14-18
Erin McCartney to appear by telephone
Docket 36
None.
Debtor(s):
Raequel K. London Represented By
D Justin Harelik
Movant(s):
Specialized Loan Servicing LLC Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR fr 8-28-18
Docket 22
Debtor(s):
Miguel Aguirre Represented By Rebecca Tomilowitz
Joint Debtor(s):
Maria Aguirre Represented By Rebecca Tomilowitz
Movant(s):
Nationstar Mortgage LLC Represented By Andrew Kussmaul John D Schlotter Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
fr. 8-14-18
Docket 44
None.
Debtor(s):
Nazem D Rajha Represented By Keith F Rouse
Joint Debtor(s):
Manar Mayalah Represented By Keith F Rouse
Movant(s):
Deutsche Bank National Trust Represented By Tyneia Merritt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
PACIFIC UNION FINANCIAL, LLC VS
DEBTOR fr. 8-14-18
Cassandra Richey to appear by telephone
Docket 62
None.
Debtor(s):
Joseph Fields Jr Represented By Marc C Hodges
Movant(s):
Pacific Union Financial, LLC Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MELESIO CARLOS VS
DEBTOR fr. 8-28-18
Docket 41
None.
Debtor(s):
Rosicela Carbajal Carlos Represented By Marc C Hodges
Movant(s):
Melesio Carlos Represented By Michael D Zeff
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HABITAT FOR HUMANITY VS
DEBTOR
Docket 64
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the
10:00 AM
movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Tomacka Thrasher Represented By Thomas B Ure
Movant(s):
Habitat for Humanity Represented By Michael Avanesian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FREEDOM MORTGAGE CORPORATION VS
DEBTOR
Docket 53
None.
Debtor(s):
Anna M Soto Represented By
Yelena Gurevich
Movant(s):
Freedom Mortgage Corporation Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SELECT PORTFOLIO SERVICING INC VS
DEBTOR
Stipulation re: adequate protection filed 9/17/18
Docket 57
- NONE LISTED -
Debtor(s):
Rusty Eugene Jarreau Represented By Axel H Richter
Movant(s):
Select Portfolio Servicing, Inc. as Represented By
Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TROJAN CAPITAL INVESTMENTS, LLC VS
DEBTOR
Docket 34
None.
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Movant(s):
Trojan Capital Investments, LLC Represented By
Rafael R Garcia-Salgado Richard J Reynolds
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR
Docket 20
Debtor(s):
Patricia Ann McCorvey Represented By Yelena Gurevich
Movant(s):
HSBC Bank USA, National Represented By Angie M Marth
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
VS DEBTOR
Case dismissed 6-11-18
Docket 19
None.
Debtor(s):
Stella Robinson Pro Se
Movant(s):
YMRH North 4 P LLC, its Represented By
Kristin A Zilberstein
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FCI LENDER SERVICES, INC. VS
DEBTOR
Case dismissed 9-7-18
Docket 11
Debtor's case was dismissed on September 7, 2018; however, because movant has requested in rem the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. Further, another debtor, asserting an interest in the subject property, has filed multiple petitions for bankruptcy relief within 12 months of the debtor’s petition in the instant case. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case
10:00 AM
to a case under any other chapter of Title 11 of the United States Code. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Justin Trent Tabamo Represented By Jessica E Rico
Movant(s):
FCI Lender Services, Inc., servicing Represented By
Edward G Schloss
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR
Case dismissed 8-21-18
Docket 10
Debtor's case was dismissed on August 21, 2018; however, because movant has requested in rem the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has filed multiple petitions for bankruptcy relief within 12 months of the petition in the instant case. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the
10:00 AM
order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
William Hardwick III Pro Se
Movant(s):
HSBC Bank USA, National Represented By Kelsey X Luu
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Settled by Stipulation O/L 9-14-18
Docket 20
Debtor(s):
Maria O. Ahumada Represented By Ali R Nader
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 10
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on August 22, 2018. This motion was filed on August 24, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
10:00 AM
According to the evidence, debtor seeks a continuation of the
automatic stay as to the creditors listed on page 11 of the motion. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Monique Doniese Arbuckle Represented By Devin Sawdayi
Movant(s):
Monique Doniese Arbuckle Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Case dismissed 9/11/18
Docket 8
Debtor(s):
Dorothy Irene Carr Pro Se
Movant(s):
Dorothy Irene Carr Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 8
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on August 30, 2018. This motion was filed on August 31, 2018., and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 14 of the motion. Pursuant to the evidence presented, the Court GRANTS the relief requested in the
10:00 AM
motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Silvia Lopez Represented By
Michael E Clark
Movant(s):
Silvia Lopez Represented By
Michael E Clark
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Docket 13
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of the debtor's 2015 Lexus RX 350. The debtor has no equity in the leased subject property and has filed no opposition to the instant motion. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Armine Karapetyan Represented By Aris Artounians
Movant(s):
Toyota Motor Credit Corporation, Represented By
10:00 AM
Trustee(s):
Austin P Nagel
Peter J Mastan (TR) Pro Se
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR
Docket 169
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
In this case, the debtor was delinquent installments on the loan secured by the subject property at the time this motion was filed. There is no evidence that debtor or trustee has made or tendered any payments to movant since commencement of the case. This is cause to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Michael Torres Pro Se
Joint Debtor(s):
Carla Torres Pro Se
Movant(s):
THE BANK OF NEW YORK Represented By Sean C Ferry
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack Laila Masud
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR fr 9-4-18
Docket 27
None.
Debtor(s):
Regina Gale Willis Represented By Jacqueline D Serrao
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 38
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor's residence. The debtor has failed to pay 2 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Alfredo Espinoza Represented By Sanaz S Bereliani
Movant(s):
U.S BANK NATIONAL Represented By
10:00 AM
Trustee(s):
Joseph C Delmotte Kelsey X Luu
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK NATIONAL ASSOCIATION
VS DEBTOR
Case dismissed 6-26-18
Docket 14
Debtor's case was dismissed on June 26, 2018; however, because movant has requested in rem the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. An additional debtor, asserting an interest in the subject property, has filed multiple petitions for bankruptcy relief within 12 months of the debtor’s petition in the instant case. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case
10:00 AM
to a case under any other chapter of Title 11 of the United States Code. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Susan Hawkins Pro Se
Movant(s):
JPMorgan Chase Bank, National Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01226 Goodrich v. CITIBANK et al
Docket 1
None.
Debtor(s):
Consuelo Munoz Represented By Jeffrey S Shinbrot
Defendant(s):
CITIBANK Pro Se
DOES 1-20 Pro Se
Plaintiff(s):
David M. Goodrich Represented By Wesley H Avery
Trustee(s):
David M Goodrich (TR) Represented By Wesley H Avery
2:00 PM
Adv#: 2:16-01291 Mastan v. Jeffrey Licht & Associates, Inc. et al
Avoidance of Preferential Transfers [11 U.S.C. § 547];
Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A);
Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B)];
Recovery of Avoided Transfers [11 U.S.C. § 550];
Disallowance of Claims [11 U.S.C. § 502]
fr 3-7-17; 3-28-17; 9-5-17, 10-3-17; 11-7-17; 1-30-18;
5-1-18 7-17-18, 7-17018
Default entered by clerk against defendant
Docket 20
The Court granted the Trustee's Motion for Summary Judgment This
2:00 PM
pre-trial conference is OFF CALENDAR. Appearances waived.
Debtor(s):
Avenue K1753, LLC Represented By Fadi Amer
Defendant(s):
Jeffrey Licht & Associates, Inc. Pro Se
Jeffrey Licht Represented By
Lara R Shapiro
Plaintiff(s):
Peter J. Mastan Represented By Meghann A Triplett Jeremy Faith
Trustee(s):
Peter J Mastan (TR) Represented By Nina Z Javan
Meghann A Triplett
2:00 PM
Adv#: 2:17-01547 Mastan v. Bondanelli et al
fr 1-30-18
Docket 1
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Carlo Bondanelli Pro Se
Carlo Bondanelli, as trustee of St. Pro Se St. Joseph's Investments, Inc. Pro Se St. Joseph's Investments, Inc. in its Pro Se Does 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
Adv#: 2:17-01549 Mastan v. Desert Solis, Inc., a California corporation et al
fr. 1-30-18
Docket 1
None.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Desert Solis, Inc., a California Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
Adv#: 2:17-01550 Mastan v. Civitas Incorporated., a California corporation et
fr. 1-30-18
Docket 1
None.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Civitas Incorporated., a California Pro Se St. Joseph's Investments, Inc., a Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
2:00 PM
Adv#: 2:18-01206 Miller v. Allen
Docket 4
None.
Debtor(s):
Kippy Lynn Miller Represented By Keith F Rouse
Defendant(s):
Martin Allen Represented By
R Grace Rodriguez
Plaintiff(s):
Kippy Lynn Miller Represented By Keith F Rouse
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01206 Miller v. Allen
fr. 8-14-18
Docket 1
None.
Debtor(s):
Kippy Lynn Miller Represented By Keith F Rouse
Defendant(s):
Martin Allen Pro Se
Plaintiff(s):
Kippy Lynn Miller Represented By Keith F Rouse
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01222 Olid-Moreno v. Sykes
Docket 4
None.
Debtor(s):
Guillermo Olid-Moreno Represented By Jeffrey B Smith
Defendant(s):
Gerry Lou-Ann Sykes Represented By Eric A Mitnick
Plaintiff(s):
Guillermo Olid-Moreno Represented By Jeffrey B Smith
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01222 Olid-Moreno v. Sykes
Fraud
Breach of Fiduciary Duty
Intentional Infliction of Emotional Distress
Disallowance of Unenforceable Claim
Docket 1
None.
Debtor(s):
Guillermo Olid-Moreno Represented By Jeffrey B Smith
Defendant(s):
Gerry Lou-Ann Sykes Pro Se
Plaintiff(s):
Guillermo Olid-Moreno Represented By Jeffrey B Smith
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
Stella Havkin to appear by telephone
Docket 14
None.
Debtor(s):
Thresiamma Mathew Represented By Stella A Havkin
10:00 AM
fr. 4-12-18; 5-3-18; 5-31-18
Docket 11
Debtor(s):
Designed to Move, LLC Represented By
Dennis E McGoldrick
10:00 AM
Docket 23
None.
Debtor(s):
James Anthony Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
10:00 AM
Docket 237
None.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
Docket 143
None.
Debtor(s):
Aurora Bartola Gutierrez Represented By
Anthony Obehi Egbase Crystle J Lindsey Kevin Tang
Edith Walters Robert Rosvall
W. Sloan Youkstetter
10:00 AM
Docket 0
None.
Debtor(s):
Bernice Morales Represented By
Anthony Obehi Egbase Crystle J Lindsey Edith Walters
Clarissa D Cu Robert Rosvall
10:00 AM
Docket 189
No opposition having been filed, and good cause appearing, the motion is GRANTED. The Court grants debtor's discharge prior to completion of plan payments since the Court determines that discharge should be granted under 11 U.S.C. § 1141(d)(5)(B). Debtor shall upload an appropriate order via the court's LOU system. Appearances waived.
Debtor(s):
Christopher Smith Represented By Matthew D. Resnik
M. Jonathan Hayes Roksana D. Moradi-Brovia
10:00 AM
Docket 104
No opposition was filed.
The court has reviewed the Application for Payment of Fees of The Orantes Law Firm, P.C. The court GRANTS the Application and awards
$39,447 in fees and $2,352.97 in costs, less the retainer of $10,000.00, for a total of $31,799.97 [the unpaid balance of which is to be paid by the debtor]. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1).
Appearances waived.
Debtor’s counsel is to lodge an appropriate order.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 106
No opposition was filed.
The court has reviewed the Application for Payment of Fees of PFC Accounting, LLP. The court GRANTS the Application and awards $969.20 in fees , less the retainer of $300, for a total of $669.20 [the unpaid balance of which is to be paid by the debtor]. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor’s counsel is to lodge an appropriate order.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
Telephonic Hearing
7354 Morning Hills Drive, Corona, CA 92880
Erin M McCartney to appear by telephone
Docket 15
None.
Debtor(s):
Javier Valle Represented By
Kevin Tang
10:00 AM
fr. 8-16-18
Docket 39
None.
Debtor(s):
Asher Wagh Represented By
Michael Jay Berger
10:00 AM
Docket 48
None.
Debtor(s):
Asher Wagh Represented By
Michael Jay Berger
10:00 AM
fr 5-29-18, 6-7-18; 6-25-18; 7-6-18, 7-19-18
8-16-18; 9-6-18
Docket 2
This hearing is continued to September 28, 2018 at 10:00 a.m.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
to Assume Non-Residential Real Property Lease with BPP Shiraz Fullerton 89 LP, a Delaware Limited Partnership, Pursuant to Section 365(d) (4)(B)(ii) or in the Alternative, to Assume Lease Pursuant to Section 365(b)
Stipulation extending time to assume or reject filed 9/6/18
Docket 138
On September 18, 2018, an order was entered approving the Stipulation Extending Time to Assume Non-Residential Real Property Lease With BPP Shiraz Fullerton 89 LP. This hearing is OFF CALENDAR. Appearances waived.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
Fr. 7-19-18; 8-16-18; 9-6-18
Docket 15
This matter is continued to September 28, 2018 at 10:00 a.m.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
Adv#: 2:15-01467
Holy Hill Community Church et al v. Zemer et al
Telephonic Hearing
fr. 11-19-15; 12-15-15, 1-20-15, 3-22-16; 3-29-16
4-19-16, 6-21-16; 8-9-16; 11-8-16; 1-10-17; 2-2-17;
3-9-17; 6-13-17; 7-11-17, 8-1-17; 9-5-17; 10-10-17
11-14-17, 12-14-17, 1-18-18; 4-12-18; 6-14-18
Robert D. Crockett to appear by telephone
Docket 11
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Yuval Bar Zemer Represented By
Bernard D Bollinger Jr
1111 Sunset, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Downtown Capital, LLC Represented By
Bernard D Bollinger Jr
10:00 AM
Anthony J Napolitano
Carl Sohn Pro Se
Chan Hyo Tak Pro Se
Hae Hoon Owh Pro Se
Sung Yeol Yim Pro Se
Movant(s):
1111 Sunset Boulevard, LLC Represented By Jeffrey A Krieger
Plaintiff(s):
Holy Hill Community Church Represented By Andy Kong Richard T Baum
Reorganized Debtor, Holy Hill Represented By Andy Kong
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Adv#: 2:15-01467
Holy Hill Community Church et al v. Zemer et al
Telephonic Hearing
FR. 10-13-15; 12-15-15; 1-20-16, 3-22-16; 3-29-16, 6-21-16
8-9-16; 11-8-16; 1-10-17; 2-2-17,3-9-17; 6-13-17; 7-11-17,
8-1-17; 9-5-17; 10-10-17; 11-14-17, 12-14-17, 1-18-18
4-12-18; 6-14-18
Robert D. Crockett to appear by telephone
Docket 1
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Yuval Bar Zemer Represented By
Bernard D Bollinger Jr
1111 Sunset, LLC Represented By
Bernard D Bollinger Jr
10:00 AM
Anthony J Napolitano
Downtown Capital, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Carl Sohn Pro Se
Chan Hyo Tak Pro Se
Hae Hoon Owh Pro Se
Sung Yeol Yim Pro Se
Plaintiff(s):
Holy Hill Community Church Represented By Andy Kong Richard T Baum
Reorganized Debtor, Holy Hill Represented By Andy Kong
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Capital Partners LLC And 1111 Sunset Boulevard, LLC's Request For Allowance And Payment Of Administrative Claim
fr. 8-23-18; 8-30-18
Docket 661
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Telephonic Hearing
fr. 8-16-18; 9-6-18
Telephone Appearances:
Carey D. Schreiber Medley Capital Christopher B Wick Wilcon Operations
Lance N Jurich Deloitte [LISTEN ONLY]
Shane J Moses Netflix [LISTEN ONLY]
Roland Young Deloitte [LISTEN ONLY]
Docket 284
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
fr. 6-28-18; 8-23-18; 9-6-18
Docket 232
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
Docket 320
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
fr. 12-14-17; 5-17-18, 5-10-18; 6-28-18; 8-23-18; 9-6-18
Docket 15
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
Docket 329
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
2:00 PM
John Menchaca, Trustee
Docket 23
None.
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
John J. Menchaca. John J. Menchaca ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $194.25 in fees and $22.80 in expenses. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the
2:00 PM
case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $777. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Debtor(s):
Maria E Sedan Represented By
Michael H Colmenares
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
A/V Products, Inc.; DBL Distributing; First American Payment Systems L.P; Fedex Freight East; American Express Bank FSB; Leaf Funding, Inc.
Docket 45
The valuation motion is DENIED without prejudice. The court finds the motion deficient for the following reasons:
Pursuant to LBR 9013-1(i), the factual contentions of any motion must be supported by a declaration or other written evidence. Verification of a motion is not sufficient to constitute evidence on a motion. LBR 9013-1(i). Here, no debtor declaration is provided in support of the motion.
To the extent debtor’s motion relies on the appraisal to establish the value of the property, the motion must be accompanied by the declaration of the appraiser, Maxim Pekler. The declaration must be made under penalty of perjury before the appraisal report can be received into evidence. Unauthenticated out-of court statements, exhibits, or printouts are hearsay to the extent they are used to prove the truth of the matter, i.e., the value of the property. See generally, B. Russell, 2 Bankr. Evid. Man. § 701:2, at 789-99 (2009-2010 Ed.).
Pursuant to Judge Brand's "Guidelines for Valuing and Avoiding Liens in Chapter 13 Cases" located on the court website, and which are also applicable to chapter 7 cases, the court does not accept title reports as evidence of the validity and amount of the judicial liens on the Property. Please refer to the court website for guidance on acceptable evidence.
Lastly, assuming that the debtor provides evidence of value, it would appear that all of the judicial liens may not be subject to avoidance as
2:00 PM
the debtor seeks to avoid liens that collectively exceed the impairment of debtor's exemption. Debtor has failed to provide adequate evidence of the priority of the liens so the court is unable to determine which liens may be avoided and to what extent.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Gerald Marquis Antoine Represented By Alon Darvish
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
relief from stay [RP]
STONEHAVEN LLC VS
DEBTOR
Docket 30
- NONE LISTED -
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Movant(s):
Stonehaven LLC Represented By Michael H Weiss
10:00 AM
(A) (I) Scheduling a Hearing on the Approval of the Sale of all or Substantially all of the Debtors Assets Free and Clear of all Encumbrances, and the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases,
Approving Certain Bidding Procedures, Assumption and Assignment Procedures, and the form and Manner of Notice Thereof,
Granting Related Relief; (B) (I) Approving Asset Purchase Agreement,(II) Authorizing
The Sale of all or Substantially all of the Debtors Assets Free and clear of all encmbances
(III) Authorizing the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases, And (IV) Granting Related Relief;
Telephone Appearances:
Mette Kurth Unsecure Creditors
Robert P Goe Playhut
Docket 153
NONE LISTED -
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
Telephonic Hearing
FREEDOM MORTGAGE CORPORATION VS
DEBTOR fr 8-28-18
Erin M. McCartney to appear by telephone
Docket 33
None.
Debtor(s):
Bobye Amadio Represented By Joseph L Pittera
Movant(s):
Freedom Mortgage Corporation Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
BANK OF AMERICA, N.A. VS
DEBTOR fr 8-21-18
Alexander G. Meissner to appear by telephone
Docket 25
None.
Debtor(s):
Terence Patrick O'Donnell Represented By
D Justin Harelik
Movant(s):
Bank of America, N.A. Represented By
Melissa A Vermillion Bonni S Mantovani Alexander G Meissner
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
fr. 5-22-18; 7-3-18; 8-21-18
Docket 44
Debtor(s):
Armando Ramos Jr. Represented By Scott Kosner
Joint Debtor(s):
Yvette Ramos Represented By Scott Kosner
Movant(s):
WELLS FARGO BANK, N.A. Represented By Teosa L Peterson Joseph C Delmotte
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
SPECIALIZED LOAN SERVICING LLC VS
DEBTOR fr 8-28-18
Erin M. McCartney to appear by telephone
Docket 39
None.
Debtor(s):
Armando Diaz Represented By Christopher J Langley
Movant(s):
Specialized Loan Servicing LLC Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY VS
DEBTOR fr 8-28-18
Stipulation for adequate protection filed 9/24/18
Docket 36
None.
Debtor(s):
Thomas J. Coster Jr. Represented By Timothy McFarlin
Movant(s):
Wilmington Savings Fund Society, Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, NATIONAL ASSOCIATION VS
DEBTOR fr 8-28-18
Stipulation re adequate protection filed 9/6/18
Docket 31
Debtor(s):
Florentina Diego Represented By Onyinye N Anyama
Movant(s):
Wells Fargo Bank, National Represented By Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON TRUST NATIONAL ASSOCIATION VS
DEBTOR
Docket 33
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 7 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jennifer Goodie Represented By Devin Sawdayi
Movant(s):
Wilmington Trust National Represented By
10:00 AM
Trustee(s):
April Harriott Keith Labell Sean C Ferry
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 52
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtors' residence. The debtors have failed to pay 5 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Philip Chou Represented By
Sundee M Teeple Craig K Streed Cynthia L Gibson
10:00 AM
Joint Debtor(s):
Christina Sokha Chou Represented By Sundee M Teeple Craig K Streed Cynthia L Gibson
Movant(s):
U.S. Bank National Association Represented By Robert P Zahradka Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DITECH FINANCIAL LLC VS
DEBTOR
Renee M. Parker to appear by telephone
Docket 29
None.
Debtor(s):
Loretta Hernandez Represented By
Harout G Bouldoukian
Joint Debtor(s):
Lorenzo Hernandez Represented By
Harout G Bouldoukian
Movant(s):
Ditech Financial LLC, its successors Represented By
James F Lewin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 29
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jose Antonio Herrarte Represented By William G Cort
10:00 AM
Movant(s):
Deutsche Bank National Trust Represented By Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
THE BANK OF NEW YORK MELLON VS
DEBTOR
Alexander G. Meissner to appear by telephone
Docket 34
None.
Debtor(s):
Ricardo Frankie Barboza Represented By Steven A Alpert
Movant(s):
The Bank of New York Mellon, et al Represented By
Bonni S Mantovani Asya Landa
Diana Torres-Brito
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DITECH FINANCIAL LLC VS
DEBTOR
Case dismissed 9/18/18
Docket 31
Debtor(s):
Ferufino Ceren Campos Represented By Nicholas M Wajda
Movant(s):
Ditech Financial LLC Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CARRINGTON MORTGAGE SERVICES, LLC VS
DEBTOR
Case dismissed 9-4-18
Docket 11
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based
10:00 AM
upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir.
1997). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Satawat Wattanachinda Pro Se
Movant(s):
Carrington Mortgage Services, LLC Represented By
Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CITIMORTGAGE, INC VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 9
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property.. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2
10:00 AM
years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Timothy Wayne Slack Pro Se
Movant(s):
CitiMortgage Inc. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK NATIONAL ASSOCIATION
VS DEBTOR
Docket 110
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtors' residence. The debtors have failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Saul Quirarte Represented By
Luis G Torres
10:00 AM
Joint Debtor(s):
Guadalupe Z Quirarte Represented By Juanita V Miller Luis G Torres
Movant(s):
JPMORGAN CHASE BANK, Represented By Robert P Zahradka Terrionta K Levells Lee Gates
Joseph C Delmotte Grace Chang-Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 9
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtors filed the voluntary chapter 13 petition on August 29, 2018. This motion was filed on August 30, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtors seek a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the
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Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtors since dismissal of the last case. Appearances waived.
Debtors’ counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Benjo James Pigtain Certeza Represented By Steven A Alpert
Movant(s):
Benjo James Pigtain Certeza Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 12
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtors filed the voluntary chapter 13 petition on August 31, 2018. This motion was filed on September 11, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtors seek a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the
10:00 AM
Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtors since dismissal of the last case. Appearances waived.
Debtors’ counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Hipolito Sosa Represented By
Hasmik Jasmine Papian
Joint Debtor(s):
Cecilia Sosa Represented By
Hasmik Jasmine Papian
Movant(s):
Hipolito Sosa Represented By
Hasmik Jasmine Papian
Cecilia Sosa Represented By
Hasmik Jasmine Papian Hasmik Jasmine Papian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SAMUEL CONDORETTI VS
DEBTOR fr. 9-4-18
Docket 21
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. Appearances waived.
Movant completed a nonjudicial foreclosure sale on the real property formerly owned by, and still occupied by, the debtor. Under California law, once a nonjudicial foreclosure sale has occurred, the trustor has no right of redemption. Moeller v. Lien, 25 Cal. App. 4th 822, 831 (1994). In this case, the debtor has no right to ignore the foreclosure and attempt to reorganize the debt.
Movant served the debtor with a three-day notice to quit the premises on May 10, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on May 18, 2018. Debtor filed the bankruptcy petition on May 30, 2018 in an apparent effort to stay commencement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
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The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
David Blaine Campbell Represented By William Huestis
Movant(s):
Samuel Condoretti Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
BAYVIEW LOAN SEVICING, LLC VS
DEBTOR
fr. 5-15-18; 6-26-18, 8/28/18
Docket 211
This matter is CONTINUED to October 9, 2018 at 10:00 a.m.
Appearances waived.
Debtor(s):
George G Washington Represented By Julie J Villalobos Alan W Forsley
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Sam S Leslie (TR) Represented By Leonard M Shulman Rika Kido
10:00 AM
Telephonic Hearing
NICHOLAS J SIPPL AND LINDA HART
VS DEBTOR
fr. 4-3-18; 7-10-18; 8-21-18
Martin Phillips to appear by telephone
Docket 101
This matter is CONTINUED to October 16, 2018 at 10:00 a.m. to allow the hearing on the Sale Motion to occur and escrow to close on the subject real property. Appearances waived.
Debtor(s):
Michael Torres Pro Se
Joint Debtor(s):
Carla Torres Pro Se
Movant(s):
Nicholas J. Sippl and Linda Hart Represented By
Martin W. Phillips
10:00 AM
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack Laila Masud
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR fr 9-18-18
Docket 169
No opposition was filed.
On September 18, 2018, the debtor appeared at the hearing on the instant motion and raised an oral objection. The debtor asserted ongoing loan modifications negotiations--with the Movant--as the basis for his objection and requested a continuance to conclude the negotiations. The Court continued the hearing to September 25, 2018 and Ordered the debtor to: (1) file the notice of the continuance; (2) serve Movant with notice of the continuance; and (3) file--and serve Movant with--evidence of an active loan modification negotiation before September 21, 2018. The debtor has failed to timely file both notice of the continuance and evidence of the loan modification negotiations.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
10:00 AM
In this case, the debtor was delinquent installments on the loan
secured by the subject property at the time this motion was filed. There is no evidence that debtor or trustee has made or tendered any payments to movant since commencement of the case. This is cause to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Michael Torres Pro Se
Joint Debtor(s):
Carla Torres Pro Se
Movant(s):
THE BANK OF NEW YORK Represented By Sean C Ferry
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack Laila Masud
10:00 AM
Telephonic Hearing
THE BANK OF NEW YORL MELLON VS
DEBTOR
Erin M. McCartney to appear by telephone Case dismissed 8/9/18
Docket 55
No opposition was filed.
Debtor's case was dismissed on August 9, 2018; however, because movant has requested in rem relief the court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1), (d)(2) and (d)(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval approval and multiple bankruptcy filings affecting the subject property.. 11 U.S.C. § 362(d)(4).
Appearances waived.
10:00 AM
The 14-day period specified in FRBP 4001(a)(3) is waived. This order
shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Ana Delgado Pro Se
Movant(s):
The Bank of New York Mellon FKA Represented By
Mark S Krause
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Telephonic Hearing
Onyinye N. Anyama to appear by telephone Stipulation Resolving matter filed 8/24/18
Docket 6
None.
Debtor(s):
Robert Gabriel Represented By Onyinye N Anyama
Movant(s):
Robert Gabriel Represented By Onyinye N Anyama
10:00 AM
Telephonic Hearing
fr 7-2-18, 7-17-18, 8-14-18; 8-28-18
Ian S. Landsberg to appear by telephone
Joan C. Spaeder-Younkin to appear by telephone
Docket 207
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Philip L. Marchiondo Represented By Ian Landsberg
2:00 PM
Adv#: 2:18-01153
Wesley H. Avery, Chapter 7 Trustee of the Bankrupt v. Ilano et al Telephonic Hearing
A Declaratory Judgment Regarding Property of the Bankruptcy Estate
Accounting
Turnover
Injunctive Relief
Sale of a Property in Which a Non-Debtor Asserts an Inerest
Denial of Discharge for Concealment of Property of The Bankruptcy Estate and
Denial of Discharge for Making a False Oath
Zi C. Lin to appear by telephone
fr. 7-17-18, 8-14-18
Docket 1
None.
Debtor(s):
Nathaniel T. ILano Represented By Luis G Torres
Defendant(s):
Claudette D Ilano Pro Se
Nathaniel T Ilano Pro Se
2:00 PM
DOES 1 through 20 Pro Se
Plaintiff(s):
Wesley H. Avery, Chapter 7 Trustee Represented By
Zi Chao Lin
Trustee(s):
Wesley H Avery (TR) Pro Se
Courtesy NEF Represented By Zi Chao Lin
2:00 PM
Adv#: 2:18-01243 Kinsley v. Nelnet
Docket 1
None.
Debtor(s):
Sonja Ashby Kingsley Pro Se
Defendant(s):
Nelnet Pro Se
Plaintiff(s):
Sonja Kinsley Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Telephonic Hearing
FR. 9-20-18
Daren R. Brinkman to appear by telephone Lewis R. Landau to appear by telephone Justin Rawlins to appear by telephone
Docket 320
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
(I) Scheduling a Hearing on the Approval of the Sale of all or Substantially all of the Debtors Assets Free and Clear of all Encumbrances,
and the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases, (II) Approving Certain Bidding Procedures, Assumption and Assignment Procedures,
and the form and Manner of Notice Thereof, (III) Granting Related Relief;
(I) Approving Asset Purchase Agreement,(II) Authorizing The Sale of
all or Substantially all of the Debtors Assets Free and clear of all encmbances
(III) Authorizing the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases, And (IV) Granting Related Relief;
fr. 9-17-18
Telephone Appearances:
Shanna Kaminiski EBF Partners [Listen Only]
Scott Schreiber Gateway Funding [Listen Only]
Docket 153
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
Movant(s):
Playhut, Inc. Represented By
Robert P Goe
10:00 AM
Stephen Reider
10:00 AM
fr 5-29-18, 6-7-18; 6-25-18; 7-6-18, 7-19-18
8-16-18; 9-6-18
fr 9-20-18
Docket 2
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
Fr. 7-19-18; 8-16-18; 9-6-18
fr 9-20-18
Docket 15
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
fr. 3-6-18; 4-3-18; 6-12-18, 7-17-18; 9-4-18
Docket 99
None.
Debtor(s):
Lilia Velasco Represented By
Barry E Borowitz
Movant(s):
Wells Fargo Bank, N.A. Represented By Trang Truong
William P McCooe Jr Judith Trigg-Hart Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR fr. 9-4-18
Docket 132
Debtor(s):
Gary Alvarez Represented By
Charles J Brash
Joint Debtor(s):
Jodi Alvarez Represented By
Charles J Brash
Movant(s):
WELLS FARGO BANK, N.A. Represented By Joseph C Delmotte William P Barrett Tunisia Cooper Jamie D Hanawalt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK TRUST COMPANY AMERICAS
VS DEBTOR
fr. 9-4-18
Docket 36
Debtor(s):
Khamshabe Koochof Represented By Matthew D. Resnik
Joint Debtor(s):
Herachik Koochof Represented By Matthew D. Resnik
Movant(s):
DEUTSCHE BANK TRUST Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 76
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 5 post- petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Alejandro Abella Represented By
10:00 AM
Movant(s):
Matthew D. Resnik Kevin T Simon
DEUTSCHE BANK NATIONAL Represented By
April Harriott Shreena Augustin Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DITECH FINANCIAL LLC VS
DEBTOR
Docket 27
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ruben Aguirre Represented By Julie J Villalobos
10:00 AM
Movant(s):
Ditech Financial LLC Represented By Darlene C Vigil
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
AMERICAN FIRST CREDIT UNION VS
DEBTOR
Docket 66
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed with renewing the judgment entered on December 8, 2008 against debtor's real property. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue). Appearances waived.
However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or estate property.
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Louie Jim Pagoulatos Represented By Brad Weil
Joint Debtor(s):
Rosemary Guzman Represented By Brad Weil
Movant(s):
American First Credit Union Represented By James R Selth
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 7
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on September 7, 2018. This motion was filed on September 7, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditor[s] listed on page 11 of the motion / all creditors. Pursuant to the evidence presented, the Court GRANTS the relief
10:00 AM
requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Christel A Beattie Represented By Devin Sawdayi
Movant(s):
Christel A Beattie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TD AUTO FINANCE LLC VS
DEBTOR
Sheryl K. Ith to appear by telephone
Docket 9
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $10,800.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $19,849.22 There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to
10:00 AM
the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
Debtor(s):
The movant shall submit an appropriate order.
Rosaura A. Aguilera Maradiaga Represented By Jasmine Firooz
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NA VS
DEBTOR
Sheryl K. Ith to appear by telephone
Docket 7
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
The subject property has a value of $1,287,300 and is encumbered by a perfected deed of trust or mortgage in favor of the movant. The liens against the property total $1,159,873.95. There is some equity and there is no evidence that the property is necessary to a reorganization or that the trustee can administer the property for the benefit of creditors. Movant is protected by a 8.5% equity cushion in the property. The Ninth Circuit has established that an equity cushion of 20% constitutes adequate protection for a secured creditor. Pistole v. Mellor (In re Mellor), 734 F.2d 1396, 1401 (9th Cir. 1984); see Downey Sav. & Loan Ass’n v. Helionetics, Inc. (In re
10:00 AM
Helionetics, Inc.), 70 B.R. 433, 440 (Bankr. C.D. Cal. 1987) (holding that a 20.4% equity cushion was sufficient to protect the creditor’s interest in its collateral). However, whether an equity cushion of any particular size provides adequate protection for a creditor’s security interest in the debtor’s property depends on a consideration of all circumstances.
In this case, the debtor was delinquent 51 prepetition installments on the loan secured by the subject property at the time this motion was filed.
There is no evidence that debtor or trustee has made or tendered any payments to movant since commencement of the case. Given the eroding equity cushion, and the debtor’s failure to oppose the Motion, the Court concludes that movant’s interest in the collateral is not adequately protected. This is cause to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Aveta Parsazad Pro Se
Movant(s):
U.S. Bank NA, successor trustee to Represented By
Robert P Zahradka
10:00 AM
ROMMEL UVAS VS
DEBTOR
Docket 19
None.
Debtor(s):
Thresiamma Mathew Represented By Stella A Havkin
Movant(s):
Rommel Uvas Represented By Nina Baumler
10:00 AM
HABITAT FOR HUMANITY VS
DEBTOR fr 9-18-18
Docket 64
None.
Debtor(s):
Tomacka Thrasher Represented By Thomas B Ure
Movant(s):
Habitat for Humanity Represented By Michael Avanesian
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01548 Mastan v. Biasiolo et al
fr. 1-30-18, 3-6-18; 5-15-18; 6-5-18, 8-14-18; 9-4-18
Docket 1
The status conference is CONTINUED to October 2, 2018 at 2:00
p.m. to allow the parties to finalize their settlement and dismiss the adversary proceeding.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Pierluigi Biasiolo Pro Se
Renergy Alliance Corporation, a Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Peter J Mastan (TR) Represented By
2:00 PM
John P Reitman Aleksandra Zimonjic
2:00 PM
Adv#: 2:18-01164 Hoats v. Hammatt et al
Misrepresentation and fraud
Misrepresentation and fraud
Identity theft
Unjust Enrichment
Declaratory Relief
Common Counts fr. 8-14-18
Docket 1
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Defendant(s):
Christopher Scott Hammatt Pro Se
Susan Hammatt Pro Se
Plaintiff(s):
Joseph M Hoats Represented By Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01247 Anyadike v. BANK OF NEW YORK MELLON et al
declaratory relief regarding The Bindingness of confirmed Chapter 11 Plan
injunctive or other equitable relief
Docket 1
NONE LISTED -
Debtor(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase Onyinye N Anyama
Defendant(s):
BANK OF NEW YORK MELLON Pro Se BAYVIEW LOAN SERVICING, Pro Se
Bank of America, N.A Pro Se
Ditech Financial Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase
10:00 AM
Docket 0
NONE LISTED -
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 9-12-18
Docket 61
NONE LISTED -
Debtor(s):
David Becerra Represented By David P Farrell
Joint Debtor(s):
Mariaelena Morales Becerra Represented By David P Farrell
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-12-18
Docket 28
NONE LISTED -
Debtor(s):
Theresa E. Pace Represented By
W. Derek May
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18; 7-18-18
Docket 101
NONE LISTED -
Debtor(s):
Lilia Velasco Represented By
Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18; 5-16-18; 6-27-18; 9-12-18
Docket 26
NONE LISTED -
Debtor(s):
Abraham Christopher Silva Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-18-18
Docket 63
NONE LISTED -
Debtor(s):
Dora Dean Nelson Represented By Nima S Vokshori Luke Jackson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-27-18; 7-18-18
Docket 71
NONE LISTED -
Debtor(s):
Everil Lynette Nelson Represented By Tyson Takeuchi Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 6-27-18; 9-12-18
Docket 44
NONE LISTED -
Debtor(s):
Margaret E Jones Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18; 7-18-18
Docket 46
NONE LISTED -
Debtor(s):
Laura Bash Represented By
Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18; 7-18-18
Docket 28
NONE LISTED -
Debtor(s):
Edwina Harris Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 5-30-18; 7-18-18
Docket 29
NONE LISTED -
Debtor(s):
Teresa Jones Represented By
Eva M Hollands
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18; 7-18-18; 8-22-18
Docket 33
NONE LISTED -
Debtor(s):
Carolyn Denise Echols Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-11-18; 6-13-18; 7-11-18; 9-12-18
Docket 35
NONE LISTED -
Debtor(s):
David Alexander Sanchez Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18; 3-28-18; 5-30-18; 7-18-18
Docket 23
NONE LISTED -
Debtor(s):
Angela Michelle Brown Clinton Represented By Stephen S Smyth William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18; 8-22-18
Docket 39
NONE LISTED -
Debtor(s):
Alec Anthony Bauer Represented By Phillip Myer
Joint Debtor(s):
Angelica Bauer Represented By Phillip Myer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18; 5-16-18; 7-11-18; 9-12-18
Docket 38
NONE LISTED -
Debtor(s):
Guilmar Alfredo Ruano Represented By Brian J Soo-Hoo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18; 7-18-18
Docket 44
NONE LISTED -
Debtor(s):
Georgina Olaya Calleros Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-22-18
Docket 50
NONE LISTED -
Debtor(s):
Arnold Lydell Youngblood Represented By Dana C Bruce Crystal Johnson
Joint Debtor(s):
Sylvia Stacey Gonzales Represented By Dana C Bruce
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 1-31-18; 3-28-18; 5-30-18; 7-18-18
Docket 39
NONE LISTED -
Debtor(s):
Norberto Diaz Jr. Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-18-18
Docket 37
NONE LISTED -
Debtor(s):
Gustavo Carrera Represented By Nicholas M Wajda
Joint Debtor(s):
Maria Estela Gonzalez Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-18-18
Docket 44
NONE LISTED -
Debtor(s):
Gloria L Leonard Represented By Leon D Bayer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18; 7-11-18; 8-22-18
Docket 21
NONE LISTED -
Debtor(s):
Raul Enrique Carranza Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-18-18
Docket 24
NONE LISTED -
Debtor(s):
Ramiro Jose Nunez-Villela Represented By Michael E Clark
Joint Debtor(s):
Hazelle Nunez Represented By Michael E Clark
Movant(s):
Ramiro Jose Nunez-Villela Represented By Michael E Clark Michael E Clark
Hazelle Nunez Represented By Michael E Clark
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 98
NONE LISTED -
Debtor(s):
La Tetsa Juliette Moore Represented By Misty Wilks
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 109
NONE LISTED -
Debtor(s):
Lawrence Robinson Represented By
David Samuel Shevitz
Joint Debtor(s):
Katherine Elizabeth Robinson Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
NONE LISTED -
Debtor(s):
Omar Argueta Lopez Represented By Devin Sawdayi
Joint Debtor(s):
Hilda Liliana Argueta Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 66
NONE LISTED -
Debtor(s):
Greer Yvonne Davis Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
NONE LISTED -
Debtor(s):
Edna L. Plesa Represented By
Lissette C Blandino
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 72
NONE LISTED -
Debtor(s):
Nicole E. House Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 64
NONE LISTED -
Debtor(s):
Frank Junior Flores Represented By Steven Ibarra
Joint Debtor(s):
Maria Igros Flores Represented By Steven Ibarra
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 49
NONE LISTED -
Debtor(s):
Suzanne Yvette Edmeier Represented By
Dennis A Rasmussen
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
NONE LISTED -
Debtor(s):
Maricarmen Esparza Represented By Raymond J Seo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 53
NONE LISTED -
Debtor(s):
Cheryl Ann Doggans Represented By Kahlil J McAlpin
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 44
NONE LISTED -
Debtor(s):
Shelia Varrie-Gail Nelson-Griggs Represented By
Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 24
NONE LISTED -
Debtor(s):
Kelly Smith Represented By
Allan S Williams
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
NONE LISTED -
Debtor(s):
Justin Alexander McCullough Represented By Michael E Clark
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 43
NONE LISTED -
Debtor(s):
Marcus Cameron Clark Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
NONE LISTED -
Debtor(s):
Neptaly Marquez Represented By William J Smyth
Andrew Edward Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 47
NONE LISTED -
Debtor(s):
Guillermina Arevalo Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-1-17; 12-13-17; 2-28-18; 3-28-18; 5-16-18; 5-30-18;
6-13-18; 7-18-18
Docket 165
None.
Debtor(s):
Ca-Trece Roxanne Mas'sey Represented By Steven L Bryson
Movant(s):
Steven L. Bryson Represented By Steven L Bryson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 46
None.
Debtor(s):
Gabriel Diaz Represented By
Michael A Cisneros
Joint Debtor(s):
Bertha Alicia Diaz Represented By Michael A Cisneros
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 69
No opposition having been filed, and good cause presented, the Motion is GRANTED. An order shall be lodged within 7 days of the hearing. Appearances waived.
Debtor(s):
Isaias L Ferrer Represented By Justin D Graham
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
None.
Debtor(s):
SALVADOR MUNOZ Represented By Omar Zambrano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 49
NONE LISTED -
Debtor(s):
Jose Eladio Guardado Represented By
Glenn Ward Calsada
Joint Debtor(s):
Maria Margoth Guardado Represented By
Glenn Ward Calsada
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 63
NONE LISTED -
Debtor(s):
David Becerra Represented By David P Farrell
Joint Debtor(s):
Mariaelena Morales Becerra Represented By David P Farrell
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
NONE LISTED -
Debtor(s):
Alex Rivera Represented By
Christian T Spaulding
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
NONE LISTED -
Debtor(s):
Rosalyn V Davis Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 115
No opposition having been filed, and good cause presented, the Motion is GRANTED. Debtor shall lodge a proposed order within 7 days of the hearing. Appearances waived.
Debtor(s):
Mildred W. Benson Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
Docket 33
NONE LISTED -
Debtor(s):
Samuel Kozasky Represented By Leonard Pena
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 22
NONE LISTED -
Debtor(s):
Stjepan Scuric Represented By Jeffrey J Hagen
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 17
None.
Debtor(s):
Pablo Saucedo Ayala Represented By Petro R Kostiv
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
claims, and modification of undersecured claims.. in the amount of $ 21,862.41
Docket 37
None.
Debtor(s):
Mark Logan Represented By
Melissa A Clark Katherine Sandoval
Joint Debtor(s):
Patricia Logan Represented By Melissa A Clark Katherine Sandoval
Movant(s):
Mark Logan Represented By
Melissa A Clark Melissa A Clark Melissa A Clark Katherine Sandoval Katherine Sandoval Katherine Sandoval
Patricia Logan Represented By Melissa A Clark Melissa A Clark
1:30 PM
Trustee(s):
Melissa A Clark Melissa A Clark Katherine Sandoval Katherine Sandoval Katherine Sandoval Katherine Sandoval
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 1-10-18; 2-28-18; 4-11-13; 6-13-18; 8-22-18
Docket 31
NONE LISTED -
Debtor(s):
Mark Logan Represented By
Melissa A Clark Katherine Sandoval
Joint Debtor(s):
Patricia Logan Represented By Melissa A Clark Katherine Sandoval
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
None.
Final Ruling:
This motion has been set for hearing on the notice required by LBR 4001(c)(1) and LBR 9013-1(d)(2). The failure of any party in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 90913-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further,
because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir.
2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). Appearances waived.
Debtor seeks to value debtor’s residence at a fair market value of
$359,000 as of June 22, 2018. The subject property is encumbered by a first deed of trust lien held by Ditech Financial, LLC, securing a loan with a balance as of the petition date of approximately $375,477.94 and a second deed of trust held by CitiMortgage, Inc., securing a loan with a balance as of the petition date of approximately $85,366.51. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, CitiMortgage, Inc.’s claim secured by a junior deed of trust lien is completely under-collateralized.
1:30 PM
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan or the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan or upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Antonio Luis Gilbreath Represented By
Raj T Wadhwani
Joint Debtor(s):
Dione Renken Gilbreath Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
Debtors seek to value debtor's PERSONAL PROPERTY, a 2012 BMW 325i, at a fair market value of $10,175.00. The subject property is secured by an interest held by Wells Fargo Dealer Services, securing a loan with a balance as of the petition date of approximately $12,962.33. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339
U.S. 306, 314 (1950). No opposition was filed. Therefore, Santander Consumer USA Inc.’s claim is only partially secured by a deed of trust lien.
The debtors' motion is GRANTED. Wells Fargo Dealer Services's claim will be allowed as a secured claim only in the amount of $10,175.00. 11 U.S.C. § 506(a). As a result, the chapter 13 plan must provide for full payment of the secured portion of the claim over the life of the plan and pay the unsecured portion of the lien with other unsecured claims. 11 U.S.C. § 1325(a)(5)(B); see In re Enewally, 368 F.3d 1165, 1171-1172 (9th Cir. 2004),
cert. den. 543 U.S. 1021, 125 S.Ct. 669 (2004).
Pursuant to LBR 9021-1(b)(1)(B), debtors must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Amalia Vizcarra Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
1:30 PM
Docket 78
NONE LISTED -
Debtor(s):
Albert Barrington Brewster II Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr 12-14-17, 1-18-18, 5-10-18; 6-28-18; 9-6-18
Docket 0
This post-confirmation status conference is CONTINUED to January 17, 2019 at 10:00 a.m. Appearances waived.
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
Docket 237
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
Stipulation to continue hearing filed 10/2/18
Docket 52
A stipulation to continue the matter was filed on October 2, 2018. The court will review and enter the order approving the stipulation. Accordingly, the matter is CONTINUED to November 8, 2018 at 10:00 a.m.
Appearances waived.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
Docket 195
No opposition was filed.
The court has reviewed the Application for Payment of Fees of Resnik Hayes Moradi LLP. The court GRANTS the Application and awards
$64,664.00 in fees and $1,842.13 in costs, less the retainer of $10,000.00, for a total of $56,506.13 [the unpaid balance of which is to be paid by the debtor]. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Hector Ocegueda Represented By
M. Jonathan Hayes
10:00 AM
of Greenberg, Glusker Fields Claman & Machtinger LLP's
Docket 85
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
10:00 AM
Docket 82
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
10:00 AM
1834 S.Marengo Ave., Apt. 33, Alhambra, CA fr. 8-16-18
Stipulation to continue filed 10/2/18
Docket 50
A stipulation to continue the matter was filed on October 2, 2018. The court will review and enter the order approving the stipulation. Accordingly, the matter is CONTINUED to October 18, 2018 at 10:00 a.m. Appearances waived.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
Docket 0
The Debtor is to explain why she failed to comply with the Court's orders issued at the conclusion of the hearing on approval of the disclosure statement on July 5, 2018. The Court approved the Disclosure Statement subject to making minor modifications to the Plan and Disclosure Statement. The modified documents were to be filed by July 30, 2018. No modified plan or disclosure statement was filed. Further, the Court ordered the Debtor to mail the Plan, Disclosure Statement and Ballots by August 10, 2018. The Court set September 12, 2018 as the deadline to vote or object to confirmation and September 26, 2018 for the Debtor to file a Ballot Tally Declaration and a memorandum and declarations in support of confirmation by September 26, 2018. The Debtor did not file the amended plan and disclosure statement at anytime after the July 5, 2018 hearing and did not lodge an order approving the disclsoure statement. The Debtor has not filed a proof of service indicating whether or not the plan was served and has not filed a ballot tabulation or memorandum in support of confirmation. The Court can only conclude that nothing was served on creditors since the amended disclosure statement or updated plan were not filed.
This case started as a chapter 13 case on May 19, 2017. It was improperly filed as a chapter 13 case as the debtor was ineligible for chapter 13 relief. The debtor filed a motion to convert the case on July 19, 2017 and the case was ordered converted on September 13, 2017. Since that time, the Debtor filed one plan of reorganization on May 11, 2018. That plan has not been amended as required by the Court at the hearing on the disclosure statement in July 5, 2018. The Debtor is now more than one year into the chapter 11 portion of her case and is not ready for confirmation as ordered by the Court.
The Court is prepared to dismiss this case with a two year bar to refiling based on the Debtor's lack of good faith in pursuing her case, and
10:00 AM
failure to comply with orders of the court. This is the Debtor's fourth case and her third since July 25, 2016. The Debtor has not evidenced that she is an honest but unfortunate debtor seeking rehabilitation and a fresh start.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
10:00 AM
fr. 5-31-18; 6-14-18
fr 7-5-18
Docket 105
None.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
10:00 AM
Docket 324
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
fr 8-14-18, 8-16-18
Docket 78
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
fr. 1-18-18; 4-5-18; 6-28-18, 8-16-18
Docket 1
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
[Citi Mortgage, Inc.]
Docket 26
Pursuant to the Order Approving Stipulation entered by the court on August 22, 2018 at Docket No. 37, the Court finds the Debtor's subject real property at a fair market value $435,000. No opposition was filed.
The debtor’s motion is GRANTED pursuant to 11 U.S.C § 506(a).
Pursuant to LBR 9021-1(b)(1)(B), debtor must serve and lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
10:00 AM
Approving the Form of the Proof of Administrative Expense Claim and Related Administrative Expense Claim Procedures
Docket 338
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
fr. 3-8-18; 4-12-18; 5-10-18; 7-5-18, 8-16-18
Docket 162
None.
Tentative Ruling of 7/5/18:
Pursuant to the Court's order of June 22, 2018 (Docket No. 327), this matter is CONTINUED to August 16, 2018 at 10:00 a.m. Appearances waived.
Tentative Ruling of 3/8/18:
The Court agrees that the claim objection process should be bifurcated into two phases, determination of independent contractor status and then the amount of the claim if necessary. The Court is concerned that the procedure is too open-ended. Discovery is to occur by 2004 exam first. Why? This is unusual. When will the claim objections be filed? How long will the 2004 exams take? Will that be all of the discovery required for the claim process? It seems like this is an inefficient method of moving the claims forward. There is no discovery cut off in this process and therefore, no control over the timing. Further, the Court wonders why the objection process is so long.
Why isn't the Debtor filing the opening brief with evidence and declarations with the claim objection? Why do we need a presumably bare bones objection, a 30-day wait for a hearing and then a date two weeks later for briefing to start? Direct testimony by declaration with cross and redirect in court is common. Why is this an issue?
10:00 AM
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
Movant(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
FR. 3-7-18; 3-12-18; 4-12-18; 5-10-18
fr 7-5-18, 8-16-18
Docket 241
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 334
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
fr. 7-13-17; 9-7-17; 1-11-18, 3-8-18; 4-12-18,
5-10-18; 7-5-18, 8-16-18
Docket 1
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 15
None.
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
10:00 AM
Docket 16
None.
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
2:00 PM
In Certain Personal Property Claims Scheduled By The Debtor
Docket 98
None.
Debtor(s):
Kaveh Roshan Represented By Lane K Bogard
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Austin P. Nagel to appear by telephone
Docket 49
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is lessor of the debtor's 2015 Toyota Prius. Based on the uncontested evidence presented by the Movant, the debtor has failed to remit monthly lease payments since March of 2018. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Summer J Woo Represented By Stephen S Smyth
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
fr. 8-14-18; 9-18-18
Docket 44
None.
Debtor(s):
Nazem D Rajha Represented By Keith F Rouse
Joint Debtor(s):
Manar Mayalah Represented By Keith F Rouse
Movant(s):
Deutsche Bank National Trust Represented By Tyneia Merritt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TROJAN CAPITAL INVESTMENTS, LLC VS
DEBTOR fr 9-18-19
Stipulation to continue hearing filed 10/2/18
Docket 34
A stipulation to continue the matter was filed on October 2, 2018. The court will review and enter the order approving the stipulation. Accordingly, this matter is CONTINUED to January 15, 2019 at 10:00 a.m. Appearances waived.
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Movant(s):
Trojan Capital Investments, LLC Represented By
Rafael R Garcia-Salgado Richard J Reynolds
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
YMRH NORTH 4 P LLC VS
DEBTOR
Case dismissed 6-11-18
fr. 9-18-18
Kristin A. Zilberstein to appear by telephone
Docket 19
None.
Debtor(s):
Stella Robinson Pro Se
Movant(s):
YMRH North 4 P LLC, its Represented By
Kristin A Zilberstein
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 35
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 5 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Rudy E Garcia Represented By Antonio John Ibarra
Joint Debtor(s):
Maribel M Garcia Represented By
10:00 AM
Movant(s):
Antonio John Ibarra
U.S. Bank National Association Represented By Keith Labell Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR
Docket 32
None.
Debtor(s):
Nikita K. Knowles Represented By Todd L Turoci
Movant(s):
The Bank of New York Mellon fka Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
THE BANK OF NEW YORK MELLON VS
DEBTOR
Alexander G. Meissner to appear by telephone
Docket 15
None.
Debtor(s):
Bill L. Lile Represented By
Crystle Jane Lindsey
Movant(s):
The Bank of New York Mellon, et al Represented By
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
REVERSE MORTGAGE FUNDING, LLC VS
DEBTOR
Kelly M. Raftery to appear by telephone
Docket 27
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
According to the evidence, movant has a claim in the amount of
$346,125.95 secured by a lien on the subject property. There is no evidence that the debtor has made or tendered any payments to movant since the petition date. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1). Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or Court approval and multiple bankruptcy filings affecting the subject real property. 11 U.S.C. § 362(d)(4).
10:00 AM
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Brenda Joyce James Represented By Nicholas M Wajda
Movant(s):
Reverse Mortgage Funding, LLC Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY VS
DEBTOR
Case dismissed 10/3/18
Docket 21
Debtor's case was dismissed on October 3, 2018; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
According to the evidence, movant has a claim in the amount of
$630,310.48 secured by a lien on the subject property. There is no evidence that the debtor has made or tendered any payments to movant since the petition date. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1). Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject
10:00 AM
property without the consent of the movant or Court approval and multiple bankruptcy filings affecting the subject real property. 11 U.S.C. § 362(d)(4).
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Timothy Wayne Slack Pro Se
Movant(s):
Wilmington Savings Fund Society, Represented By
Mark S Krause
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Case dismissed 10/3/18
Cassandra Richey to appear by telephone
Docket 15
NONE LISTED -
Debtor(s):
Francisco Alvarez Pro Se
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 11
Debtor failed to attach a declaration or other evidence to support the motion. The Court cannot grant the motion without a declaration in support of the motion.
Debtor(s):
Michelle L Eshaghpour Represented By David S Hagen
Movant(s):
Michelle L Eshaghpour Represented By David S Hagen
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
VS DEBTOR
Case dismissed 9/28/18
Docket 16
NONE LISTED -
Debtor(s):
Jose Cruz Pro Se
Movant(s):
Jenni Ly Represented By
Kevin H Mello
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Telephonic Hearing
BAYVIEW LOAN SEVICING, LLC VS
DEBTOR
fr. 5-15-18; 6-26-18, 8-28-18; 9-25-18
Rika M. Kido to appear by telephone
Docket 211
None.
Debtor(s):
George G Washington Represented By Julie J Villalobos Alan W Forsley
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Sam S Leslie (TR) Represented By Leonard M Shulman
10:00 AM
Rika Kido
2:00 PM
Adv#: 2:18-01101 Cash4Cases, Inc. v. Hoats
fr. 6-26-18; 7-3-18
Docket 1
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Defendant(s):
Joseph M Hoats Pro Se
Plaintiff(s):
Cash4Cases, Inc. Represented By David Brian Lally
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01249 Harmandjian v. Massei et al
Docket 1
None.
Debtor(s):
Steven Massei Represented By
Andrew Edward Smyth
Defendant(s):
Steven Massei Pro Se
Martha Massei Pro Se
Joint Debtor(s):
Martha Massei Represented By
Andrew Edward Smyth
Plaintiff(s):
Liana Harmandjian Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:18-01256 Katz v. R & R Management, LLC
Docket 1
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
R & R Management, LLC Pro Se
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
fr 5-29-18, 6-7-18; 6-25-18; 7-6-18, 7-19-18
8-16-18; 9-6-18; 9-20-18; 9-28-18
Telephone Appearances:
Stella A. Havkin Yu Zheng
Shanna Kaminski EBF Partners LLC
Mette H. Kurth Official Committee of Unsecured Creditors
Docket 2
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
CASHNVESTORS, LLC VS
DEBTOR
Docket 8
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on May 30, 2018. Movant filed an unlawful detainer complaint on June 6, 2018. Debtor filed the bankruptcy petition on September 20, 2018 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
Further, movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v.
TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans
10:00 AM
the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr.
E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Robert Sierras Pro Se
Movant(s):
Cashnvestors, LLC, a CA Limited Represented By
Joseph Trenk
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MORGAN PICKS TWO, LLC VS
DEBTOR
Docket 7
Debtor(s):
Gloria Dungo Represented By Barry L O'Connor
Movant(s):
Morgan Picks Two, LLC, A Represented By Barry L O'Connor
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SPECIALIZED LOAN SERVICING LLC VS
DEBTOR
fr. 8-14-18; 9-18-18
Docket 36
None.
Debtor(s):
Raequel K. London Represented By
D Justin Harelik
Movant(s):
Specialized Loan Servicing LLC Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FREEDOM MORTGAGE CORPORATION VS
DEBTOR fr. 9-18-18
Docket 53
Debtor(s):
Anna M Soto Represented By
Yelena Gurevich
Movant(s):
Freedom Mortgage Corporation Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 8-28-18
Docket 33
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to November 13, 2018 at 10:00 a.m.
Appearances waived.
Debtor(s):
Gerald W. Goodman Represented By Stephen Parry
Joint Debtor(s):
Sylvia Goodman Represented By Stephen Parry
Movant(s):
U.S. BANK NATIONAL Represented By John Rafferty Renee M Parker
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SPECIALIZED LOAN SERVICING LLC VS
DEBTOR
fr 8-28-18; 9-25-18
Docket 39
Debtor(s):
Armando Diaz Represented By Christopher J Langley
Movant(s):
Specialized Loan Servicing LLC Represented By
Erin M McCartney Mark S Krause
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PACIFIC UNION FINANCIAL, LLC VS
DEBTOR
Docket 29
None.
Debtor(s):
Tracy Lynn Ruiz Represented By
Raj T Wadhwani
Movant(s):
Pacific Union Financial, LLC Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
OCWEN LOAN SERVICING, LLC VS
DEBTOR
Docket 48
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 17 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Doris Mae Tinson Represented By Paul Horn
10:00 AM
Movant(s):
OCWEN LOAN SERVICING, LLC Represented By
Leslie M Klott Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DOWNEY FEDERAL CREDIT UNION VS
DEBTOR
Docket 8
The motion is DENIED without prejudice pursuant to 11 U.S.C. §§ 362(d)(1), (d)(2) and (d)(4). Movant failed to serve the motion and notice of hearing on the original borrowers. Appearances waived.
Debtor(s):
Movant to lodge an appropriate order via the Court’s LOU system.
Aniceto Escobar Pro Se
Movant(s):
Downey Federal Credit Union Represented By
Bruce P. Needleman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 10
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on September 19, 2018. This motion was filed on September 25, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 11 of the instant motion (DE
10:00 AM
10 at 11). Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Gerri Evans Represented By
Andrew Moher
Movant(s):
Gerri Evans Represented By
Andrew Moher Andrew Moher Andrew Moher
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
UNIVERSITY CREDIT UNION VS
DEBTOR
Docket 10
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtors have equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The movant holds a claim of $35,353.87 against the debtors. The movant's claim is guaranteed by a perfected security interest in the debtors' 2015 Jeep Cherokee (the "Collateral"). The debtors provide—in their Schedule A/B and D—that the value of the Collateral is $14,000. The uncontested evidence demonstrates that there is no equity in the Collateral. As a result, the trustee is unable to administer the Collateral for the benefit of unsecured creditors and has not opposed the instant motion. Also, the debtors have not provided movant with proof of insurance on the subject property. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2).
10:00 AM
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to
the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
Debtor(s):
The movant shall submit an appropriate order.
Wally Foxx Represented By
Roland H Kedikian
Joint Debtor(s):
Mayssam Wehbe Represented By Roland H Kedikian
Movant(s):
University Credit Union Represented By
A. Lysa Simon
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 9
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on September 21, 2018. This motion was filed on October 2, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 14 of the instant motion (DE 9 at 14). Pursuant to the evidence presented, the Court GRANTS the relief
10:00 AM
requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Michael Walker Kerr Represented By Thomas B Ure
Movant(s):
Michael Walker Kerr Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NICHOLAS J SIPPL AND LINDA HART
VS DEBTOR
fr. 4-3-18; 7-10-18; 8-21-18; 9-25-18
Docket 101
Debtor(s):
Michael Torres Pro Se
Joint Debtor(s):
Carla Torres Pro Se
Movant(s):
Nicholas J. Sippl and Linda Hart Represented By
Martin W. Phillips
Trustee(s):
David M Goodrich (TR) Represented By
10:00 AM
Richard A Marshack Laila Masud
10:00 AM
PAC OPERATING LIMITED PARTNERSHIP VS
DEBTOR
Docket 178
The motion is granted in part and denied in part. The motion is granted to allow PAC Operating Limited Partnership ("Prologis") to exercise its right of set off of certain pre-petition credits in the aggreate amount of
$58,635.14 against its pre-petition rent claim. The motion is denied with respect to the request for allowance of an administrative expense claim. If Prologis wants to assert a claim for payment of an administrative expense it must do so by a separate noticed motion seeking such relief.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
Movant(s):
PAC Operating Limited Partnership Represented By
Ryan M Salzman
10:00 AM
fr 7-2-18, 7-17-18, 8-14-18; 8-28-18; 9-25-18
Docket 207
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
fr. 10-9-18
Docket 11
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on September 14, 2018. This motion was filed on September 17, 2018, and was noticed for hearing on October 9, 2018. At the hearing, the Court extended the expiration date of the automatic stay to October 16, 2018 and ordered the debtor to file a supplemental declaration in support of the motion. The debtor filed the declaration on October 10, 2018 (DE 15). This motion, having been
10:00 AM
noticed for a hearing to be concluded within the extended time period set by the Court, is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 19 of the instant motion (DE 11 at 19). Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Michelle L Eshaghpour Represented By David S Hagen
Movant(s):
Michelle L Eshaghpour Represented By David S Hagen
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01160 State Compensation Insurance Fund v. Gonzalez
fr. 8-14-18
Docket 1
The parties have settled this matter. The status conference is continued to December 18, 2018 at 2:00 p.m. so that the parties can conclude and obtain approval of the settlement. Appearances waived.
Debtor(s):
Jose Gonzalez Represented By
Michael H Colmenares
Defendant(s):
Jose Gonzalez Pro Se
Plaintiff(s):
State Compensation Insurance Fund Represented By
Rhett Johnson
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:18-01167 Muro et al v. Romero
non-dischargeability of debt pursuant to 11 U.S.C. Sections 523(a)(2), 523(a)(4) and 523(a)(6)
fr. 8-14-18
Docket 1
None.
Debtor(s):
Felix Antonio Romero Pro Se
Defendant(s):
Felix Antonio Romero Pro Se
Plaintiff(s):
Rogelio Muro Represented By Douglas A Crowder
Rosibellia Ramirez Represented By Douglas A Crowder
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:17-01498 Faillace et al v. Torres et al
FR. 1-9-18; 2-27-18; 7-10-18
Docket 1
This matter is continued to November 27, 2018 at 2:00 p.m. to allow the parties to file a motion to dismiss the adversary proceeding.
Appearances waived.
Debtor(s):
Michael Torres Represented By Charles J Brash
Defendant(s):
Michael P Torres Pro Se
Carla Torres Pro Se
Joint Debtor(s):
Carla Torres Represented By
Charles J Brash
Plaintiff(s):
Ondrea Faillace Represented By Bennett Murphy
Black Rose Tavern, Inc Represented By Bennett Murphy
2:00 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01092 Meier et al v. Welker, II
FR. 6-5-18; 6-12-18
Docket 1
Debtor(s):
James Joseph Welker II Represented By Jeffrey N Wishman
Defendant(s):
James Joseph Welker II Pro Se
Plaintiff(s):
Claudio Meier Represented By Bradford T Child
Brigitte Frank Meier Represented By Bradford T Child
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01051 Kitsuta v. Rodriguez
fr. 5-1-18
Docket 1
Debtor(s):
Celia Rodriguez Represented By Christopher P Walker
Defendant(s):
Celia Rodriguez Pro Se
Plaintiff(s):
Kay Kitsuta Represented By
Joseph K. Lee James R Ebert
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 0
NONE LISTED -
1:30 PM
fr 10-18-17; 12-13-17; 2-28-18; 4-18-18; 5-30-18; 8-22-18
Docket 70
NONE LISTED -
Debtor(s):
Marietta Soltis Asumbrado Represented By Mariano A Alvarez
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
fr. 8-22-18
Docket 51
NONE LISTED -
Debtor(s):
Diane R Friberg Represented By
William R Schuchman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-22-17
Docket 42
NONE LISTED -
Debtor(s):
Jose Eladio Guardado Represented By
Glenn Ward Calsada
Joint Debtor(s):
Maria Margoth Guardado Represented By
Glenn Ward Calsada
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-22-17
Docket 25
NONE LISTED -
Debtor(s):
Nicolas Delgado Barrera Represented By Leonard Pena
Joint Debtor(s):
Dominga Barrera Represented By Leonard Pena
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-22-17
Docket 83
NONE LISTED -
Debtor(s):
Daniel Rodriguez Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Karina Padilla Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr.11-15-17; 2-14-18; 4-11-13; 6-13-18; 8-22-18
Docket 41
NONE LISTED -
Debtor(s):
Maria Isabel Ochoa Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-13-18; 8-22-18
Docket 59
NONE LISTED -
Debtor(s):
Louie Jim Pagoulatos Represented By Brad Weil
Joint Debtor(s):
Rosemary Guzman Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17, 1-10-18, 3-7-18; 5-16-18; 7-11-18
Docket 39
NONE LISTED -
Debtor(s):
Garcia Amelia Represented By Michael V Jehdian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-15-17; 1-31-18; 3-28-18; 4-18-18; 6-27-18
8-22-18
Docket 35
NONE LISTED -
Debtor(s):
Alma Lileana Polanco Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-22-17
Docket 58
NONE LISTED -
Debtor(s):
Zohrab Wartkes Hairic Represented By Sylvia Lew David A Tilem
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-27-18; 9-12-18
Docket 46
NONE LISTED -
Debtor(s):
Ricardo Ramos Represented By Luis G Torres
Joint Debtor(s):
Lucina Ramos Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-22-17
Docket 31
NONE LISTED -
Debtor(s):
Claudia Elizabeth Rocha Represented By Heather J Canning Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-22-17
Docket 64
NONE LISTED -
Debtor(s):
Michelle Jacildo Mandel Represented By Steven B Lever
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-22-18
Docket 20
NONE LISTED -
Debtor(s):
Pedro Hernandez Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-22-18
Docket 31
NONE LISTED -
Debtor(s):
Clark Oliver Lishey Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-11-18; 5-30-18; 7-18-18; 8-22-18
Docket 37
NONE LISTED -
Debtor(s):
Anthony Ginnane Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-12-18
Docket 24
NONE LISTED -
Debtor(s):
Jose Antonio Herrarte Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-22-18
Docket 25
NONE LISTED -
Debtor(s):
Omar Verbera Herrera Represented By James C Shields
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 49
NONE LISTED -
Debtor(s):
Evelyn Altamira Alvarez Represented By
Hasmik Jasmine Papian Emmanuel S Vargas
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 40
NONE LISTED -
Debtor(s):
John Richard Gutierrez Represented By Leon D Bayer
Joint Debtor(s):
Michelle Ann Gutierrez Represented By Leon D Bayer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 74
NONE LISTED -
Debtor(s):
William M King Represented By Sundee M Teeple Craig K Streed
Joint Debtor(s):
Hattie King Represented By
Sundee M Teeple Craig K Streed
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 90
NONE LISTED -
Debtor(s):
Esther Perez Hernandez Represented By Joseph A Weber Fritz J Firman
Joint Debtor(s):
Ramon Hernandez Navarro Represented By Joseph A Weber Fritz J Firman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 143
NONE LISTED -
Debtor(s):
Laura Hernandez Represented By Michael F Frank
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 34
NONE LISTED -
Debtor(s):
Rick Choi Represented By
Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 50
NONE LISTED -
Debtor(s):
Judith Michelle Thompson Represented By Tamar Terzian
Joint Debtor(s):
Steven Russell Thompson Represented By Tamar Terzian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 49
NONE LISTED -
Debtor(s):
Michael Naef Represented By Sundee M Teeple
Michelle A Marchisotto Craig K Streed
Joint Debtor(s):
Lisa Naef Represented By
Sundee M Teeple Michelle A Marchisotto Craig K Streed
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 45
NONE LISTED -
Debtor(s):
Michael Lee Allen Represented By Michael Jones Sara Tidd
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 99
NONE LISTED -
Debtor(s):
Jorge Alberto Rosa Jr. Represented By Steven A Alpert
Joint Debtor(s):
Heather Nicole Rosa Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
NONE LISTED -
Debtor(s):
Danny V. Diaz Represented By Joseph A Weber
Joint Debtor(s):
Dalica Margaret Diaz Represented By Joseph A Weber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 31
NONE LISTED -
Debtor(s):
Sergio Burchfield Represented By Tom A Moore
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
NONE LISTED -
Debtor(s):
Nora Marilena Melgar Represented By Andrew Moher
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-3-18
Docket 33
NONE LISTED -
Debtor(s):
Samuel Kozasky Represented By Leonard Pena
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 49
NONE LISTED -
Debtor(s):
Trina Lanette Ward Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-27-18; 9-12-18
Docket 40
NONE LISTED -
Debtor(s):
Trina Lanette Ward Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 52
NONE LISTED -
Debtor(s):
Romel Castrillo Faraon Represented By Stephen S Smyth William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-3-18
Docket 46
None.
Debtor(s):
Gabriel Diaz Represented By
Michael A Cisneros
Joint Debtor(s):
Bertha Alicia Diaz Represented By Michael A Cisneros
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 61
NONE LISTED -
Debtor(s):
Denise M. Jenkins Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 52
None.
Debtor(s):
Carolyn E. Frazee Represented By Steven B Lever
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
NONE LISTED -
Debtor(s):
Janice Karen Vann Represented By Tamar Terzian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
The Order to Show Cause is discharged. Debtor has filed the necessary documents. This matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Raj C Gupta Represented By
Charles J Brash
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 47
This matter is CONTINUED to November 14, 2018 to allow Applicant an opportunity to serve notice of the hearing and motion on the debtor.
Appearances waived.
Debtor(s):
Carolina Ayala Hernandez Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 74
Debtor(s):
Norberto Juarez-Ramirez Represented By
Leroy Bishop Austin
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
None.
Debtor(s):
Raul De Jesus Represented By Stuart R Simone
Joint Debtor(s):
Rosa Ortega Represented By
Stuart R Simone
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-11-18; 5-16-18; 7-11-18
Docket 44
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Movant(s):
Mario G. Cardona Represented By Jaenam J Coe
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
No opposition was filed.
The debtor's objection to proof of claim ("Claim No. 4") filed with the court’s Claims Register by Bank of America, N.A. is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 4 as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Brian Paul Gutierrez Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
No opposition was filed.
The debtor's objection to proof of claim ("Claim No. 3") filed with the court’s Claims Register by CACH, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 3 as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Brian Paul Gutierrez Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
None.
Debtor(s):
Juan Francisco Esparza Represented By Roseann Frazee
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
None.
Debtor(s):
Juan Francisco Esparza Represented By Roseann Frazee
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
FR. 10-3-18
Docket 78
None.
Debtor(s):
Albert Barrington Brewster II Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
(Nissan Motor Acceptance)
Docket 13
No opposition was filed.
Debtor seek to value debtor's PERSONAL PROPERTY, a 2015 Nissan Altima, at a retail sale value of $13,450.00. The subject property is secured by an interest held by Nissan Motor Acceptance, securing a loan with a balance as of the petition date of approximately $25,861.00. The valuation motion is supported by evidence as to the retail value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339
U.S. 306, 314 (1950). Therefore, Nissan Motor Acceptance's claim is only partially secured by a deed of trust lien.
The debtor's motion is GRANTED. Nissan Motor Acceptance's claim will be allowed as a secured claim only in the amount of $13,450.00. 11
U.S.C. § 506(a). As a result, the chapter 13 plan must provide for full payment of the secured portion of the claim over the life of the plan and pay the unsecured portion of the lien with other unsecured claims. 11 U.S.C. § 1325(a)(5)(B); see In re Enewally, 368 F.3d 1165, 1171-1172 (9th Cir. 2004), cert. den. 543 U.S. 1021, 125 S.Ct. 669 (2004). Appearances waived.
Pursuant to LBR 9021-1(b)(1)(B), debtor must serve and lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Lucinda Annette Daniels Represented By Devin Sawdayi
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Claim Number 4 by Claimant JP Morgan Chase Bank, National Association
fr 8-20-18
Docket 39
Debtor(s):
Gloria Martinez Represented By William J Smyth
Movant(s):
Gloria Martinez Represented By William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr. 2-15-18; 3-1-17; 4-12-18, 5-10-18; 6-14-18
7-19-18, 8-16-18
Docket 101
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
10:00 AM
Docket 61
None.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
fr 9-20-18
Docket 14
None.
Debtor(s):
Thresiamma Mathew Represented By Stella A Havkin
10:00 AM
Docket 38
None.
Debtor(s):
Thresiamma Mathew Represented By Stella A Havkin
10:00 AM
Docket 122
None.
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
10:00 AM
fr. 6-28-18, 8-16-18
Docket 91
None.
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
10:00 AM
fr 9-20-18
Docket 48
None.
Debtor(s):
Asher Wagh Represented By
Michael Jay Berger
10:00 AM
fr. 8-16-18; 9-20-18
Docket 39
None.
Debtor(s):
Asher Wagh Represented By
Michael Jay Berger
10:00 AM
Docket 144
None.
Debtor(s):
William O Haight Represented By Dana M Douglas M Jonathan Hayes
10:00 AM
Docket 166
None.
Debtor(s):
Hector Ocegueda Represented By
M Jonathan Hayes
10:00 AM
Docket 0
Debtor is to explain why there is no post-confirmation status report filed in this case prior to the hearing.
Debtor(s):
Rafael Ayala Gutierrez Represented By Onyinye N Anyama
10:00 AM
Docket 11
No opposition having been filed, and good cause presented, the motion is GRANTED. Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Robert Gabriel Represented By Onyinye N Anyama
10:00 AM
Docket 141
No opposition was filed.
The court has reviewed the Application for Payment of Fees of Alvarado Law Group. The court GRANTS the Application and awards
$33,210.00 in fees and $424.30 in costs, for a total of $33,634.30 [the unpaid balance of which is to be paid by the debtor]. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Winston O'Mally Represented By Frank J Alvarado
10:00 AM
(1) Approving Sale Of Assets Free And Clear Of All Liens, Claims, Encumbrances And Other Interests; (2) Approving Agreement To Modify Commission Arrangement; (3) Waiving The 14- Day Stay Period Set Forth In Bankruptcy Rule 6004(H); And (4) Granting Related Relief
Docket 1057
None.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Docket 0
None.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Docket 204
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
1834 S.Marengo Ave., Apt. 33, Alhambra, CA fr. 8-16-18; 10-4-18
Docket 50
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
fr. 10-4-18
Docket 16
None.
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
2:00 PM
A/V Products, Inc.; DBL Distributing; First American Payment Systems L.P; Fedex Freight East; American Express Bank FSB; Leaf Funding, Inc.
fr 9-20-18
Docket 45
None.
Tentative Ruling of 9/20/18:
The valuation motion is DENIED without prejudice. The court finds the motion deficient for the following reasons:
Pursuant to LBR 9013-1(i), the factual contentions of any motion must be supported by a declaration or other written evidence. Verification of a motion is not sufficient to constitute evidence on a motion. LBR 9013-1(i). Here, no debtor declaration is provided in support of the motion.
To the extent debtor’s motion relies on the appraisal to establish the value of the property, the motion must be accompanied by the declaration of the appraiser, Maxim Pekler. The declaration must be made under penalty of perjury before the appraisal report can be received into evidence. Unauthenticated out-of court statements, exhibits, or printouts are hearsay to the extent they are used to prove the truth of the matter, i.e., the value of the property. See generally, B. Russell, 2 Bankr. Evid. Man. § 701:2, at 789-99 (2009-2010 Ed.).
Pursuant to Judge Brand's "Guidelines for Valuing and Avoiding Liens in Chapter 13 Cases" located on the court website, and which are also applicable to chapter 7 cases, the court does not accept title reports as
2:00 PM
evidence of the validity and amount of the judicial liens on the Property. Please refer to the court website for guidance on acceptable evidence.
Lastly, assuming that the debtor provides evidence of value, it would appear that all of the judicial liens may not be subject to avoidance as the debtor seeks to avoid liens that collectively exceed the impairment of debtor's exemption. Debtor has failed to provide adequate evidence of the priority of the liens so the court is unable to determine which liens may be avoided and to what extent.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Gerald Marquis Antoine Represented By Alon Darvish
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
fr 9-14-17, 1-9-18; 4-12-18, 7-19-18
Docket 144
No opposition was filed.
The court has reviewed the Application of Fredman Lieberman Pearl LLP for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $32,827.50 in fees and $1,507.50 in costs, less the retainer of $283.34, for a total of $34,051.76. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Movant is to lodge an appropriate order.
Debtor(s):
George G Washington Represented By Julie J Villalobos Alan W Forsley
Trustee(s):
Sam S Leslie (TR) Represented By Leonard M Shulman Rika Kido
2:00 PM
Docket 33
No opposition having been filed, and good cause presented, the motion is APPROVED. Pursuant to LBR 9021-1(b)(1)(B), movant must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Nathaniel T. ILano Represented By Luis G Torres
Trustee(s):
Wesley H Avery (TR) Represented By Zi Chao Lin
Courtesy NEF Represented By Zi Chao Lin
2:00 PM
In Certain Personal Property Claims Scheduled By The Debtor
fr 10-4-18
Docket 98
None.
Debtor(s):
Kaveh Roshan Represented By Lane K Bogard
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba
2:00 PM
Docket 107
None.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Movant(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
11:00 AM
fr. 3-29-18; 5-3-18; 6-7-18; 6-14-18; 6-26-18,
7-19-18, 8-16-18
Docket 959
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
11:00 AM
version of supplemental exhibits under seal, or alternatively, accepting redacted version of supplemental exhibits for all purposes
Docket 1067
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
Movant(s):
SYLVESTER STEWART, an Represented By
David J Richardson Alexandre I Cornelius Jeffrey Lee Costell Sanaea Daruwalla
11:00 AM
Docket 7
None.
Debtor(s):
Carlton Peter Ricketts Represented By Axel H Richter
Movant(s):
Carlton Peter Ricketts Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 56
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 29 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Odila Campos Represented By Lauren Rode
10:00 AM
Movant(s):
U.S. Bank National Association, as Represented By
Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SAUNDRIA ZOMALT VS
DEBTOR
Docket 12
NONE LISTED -
Debtor(s):
Sagirah Thandiweh Wheeler Pro Se
Movant(s):
Saundria Zomalt Represented By Helen G Long
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 55
None.
Debtor(s):
DENISE WALKER Represented By Robert T Chen
Movant(s):
Wells Fargo Bank, N.A. d/b/a Wells Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HYUNDAI LEASE TITLING TRUST VS
DEBTOR
Docket 22
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of the debtors’ Kia Sorento. On April 26, 2018, the lease matured and the debtors voluntarily surrendered the Kia. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Charles Edward Capers Jr. Represented By Heather J Canning
10:00 AM
Joint Debtor(s):
Mary Ann Elizabeth Capers Represented By Heather J Canning
Movant(s):
Hyundai Lease Titling Trust Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Docket 41
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of the debtor’s Toyota Corolla. The lease has matured. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Carol Lenise Collins Represented By Marjan Alitalaei
10:00 AM
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
EXETER FINANCE, LLC VS
DEBTOR
Docket 24
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtors’ Nissan Sentra. The debtors have failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Juan Villalpando Jr Represented By
10:00 AM
Arthur H Lampel
Joint Debtor(s):
Norma Villalpando Represented By Arthur H Lampel
Movant(s):
Exeter Finance, LLC Represented By Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
EXETER FINANCE, LLC VS
DEBTOR
Docket 26
Debtor(s):
Juan Herrera Represented By
James Geoffrey Beirne
Joint Debtor(s):
Rocio Veronica Herrera Represented By
James Geoffrey Beirne
Movant(s):
Exeter Finance, LLC Represented By Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK NATIONAL ASSOCIATION
VS DEBTOR
fr. 9-25-18
Docket 110
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtors' residence. The debtors have failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Saul Quirarte Represented By
Luis G Torres
10:00 AM
Joint Debtor(s):
Guadalupe Z Quirarte Represented By Juanita V Miller Luis G Torres
Movant(s):
JPMORGAN CHASE BANK, Represented By Robert P Zahradka Terrionta K Levells Lee Gates
Joseph C Delmotte Grace Chang-Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 10-9-18
Docket 35
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 5 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Rudy E Garcia Represented By Antonio John Ibarra
10:00 AM
Joint Debtor(s):
Maribel M Garcia Represented By Antonio John Ibarra
Movant(s):
U.S. Bank National Association Represented By Keith Labell Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON TRUST NATIONAL ASSOCIATION VS
DEBTOR fr 9-25-18
Docket 33
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 7 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jennifer Goodie Represented By Devin Sawdayi
10:00 AM
Movant(s):
Wilmington Trust National Represented By April Harriott Keith Labell Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR
fr 9-18-18; 9-25-18
Docket 169
None.
Debtor(s):
Michael Torres Pro Se
Joint Debtor(s):
Carla Torres Pro Se
Movant(s):
THE BANK OF NEW YORK Represented By Sean C Ferry
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack Laila Masud
10:00 AM
DITECH FINANCIAL LLC VS
DEBTOR fr. 10-2-18
Docket 27
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ruben Aguirre Represented By
10:00 AM
Movant(s):
Julie J Villalobos
Ditech Financial LLC Represented By Darlene C Vigil
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DITECH FINANCIAL LLC VS
DEBTOR fr 9-25-18
Docket 29
Debtor(s):
Loretta Hernandez Represented By Gregory M Shanfeld
Joint Debtor(s):
Lorenzo Hernandez Represented By Gregory M Shanfeld
Movant(s):
Ditech Financial LLC, its successors Represented By
James F Lewin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
fr 9-25-18
Docket 29
Debtor(s):
Jose Antonio Herrarte Represented By William G Cort
Movant(s):
Deutsche Bank National Trust Represented By Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR fr. 10-9-18
Docket 32
Debtor(s):
Nikita K. Knowles Represented By Jaime A Cuevas Jr.
Movant(s):
The Bank of New York Mellon fka Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WEBSTER BANK, NATIONAL ASSOCIATION
VS DEBTOR
Docket 114
None.
Debtor(s):
James Bearden Cook Jr. Represented By Kevin T Simon
Movant(s):
Webster Bank National Association Represented By
Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK VS
DEBTOR
Docket 40
The motion is DENIED pursuant to 11 U.S.C. § 362(c)(2)(C) as moot. The Court entered a discharge in this case on October 18, 2018, terminating the automatic stay by operation of law. Appearances waived.
Debtor(s):
Sebastian Maceda Madrinan Represented By Barry E Borowitz
Joint Debtor(s):
Rebecca Ollero Madrinan Represented By Barry E Borowitz
Movant(s):
WELLS FARGO BANK, N.A. Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 36
None.
Debtor(s):
Joseph Patrick Higgins Represented By Sunita N Sood
Movant(s):
Wells Fargo Bank, N.A. Represented By Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FEDERAL NATIONAL MORTGAGE ASSOCIATION
VS DEBTOR
Docket 44
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 14 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Obdulia Zamora Cobian Represented By Raymond Perez
10:00 AM
Movant(s):
Federal National Mortgage Represented By Nichole Glowin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SPECIALIZED LOAN SERVICING, LLC VS
DEBTOR
Docket 43
None.
Debtor(s):
Jose Roberto Rendon Represented By Todd L Turoci
Movant(s):
Specialized Loan Servicing LLC Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON TRUST, NATIONAL ASSOCIATION
VS DEBTOR
Docket 39
Debtor(s):
Richard G. Martinez Represented By Tawni Takagi
Movant(s):
Wilmington Trust, National Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 36
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Victor Martin Romero Represented By
Edward A Bauman Jr
Movant(s):
WELLS FARGO BANK, N.A. Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR
Docket 38
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay 9 post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a
10:00 AM
hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Juan Carlos Gonzalez Represented By Michael D Luppi
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Stipulation for adequate protection filed 10/30/18
Docket 44
Debtor(s):
Florentina Diego Represented By Onyinye N Anyama
Movant(s):
Nationstar Mortgage LLC as Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MUFG UNION BANK, NATIONAL ASSOCIATION
VS DEBTOR
Docket 37
NONE LISTED -
Debtor(s):
Samuel Kozasky Represented By Leonard Pena
Movant(s):
MUFG Union Bank, National Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
IMPAC MORTGAGE CORP VS
DEBTOR
Docket 18
Debtor's case was dismissed on October 25, 2018; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay 5 post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay is annulled retroactive to the petition
10:00 AM
date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Aniceto Escobar Pro Se
Movant(s):
IMPAC Mortgage Corp. Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HERBERT V. LARSON, JR. ESQ. VS
DEBTOR
Docket 19
NONE LISTED -
Debtor(s):
Matthew Michael Totaro Represented By Michael R Totaro
Movant(s):
Herbert V. Larson Jr. Represented By Kelvin J Lo
Trustee(s):
Kathy A Dockery (TR) Pro Se
10:00 AM
WELLS FARGO BANK N.A. VS
DEBTOR
Docket 9
Debtor's case was dismissed on October 1, 2018; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay numerous pre-petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be
10:00 AM
binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Luis Felipe Morales Pro Se
Movant(s):
Wells Fargo Bank, N.A. Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HSBC BANK USA, N.A. VS
DEBTOR
Docket 7
Debtor's case was dismissed on October 15, 2018; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay numerous pre-petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case
10:00 AM
under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Andrew Green Pro Se
Movant(s):
HSBC Bank USA, N.A., as Trustee Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SANTANDER CONSUMER USA, INC VS
DEBTOR
Docket 33
No opposition was filed.
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant to recover only the insurance proceeds with respect to the car.
The 14-day period specified in FRBP 4001(a)(3) is waived. Movant's counsel shall upload an appropriate order confirming that no stay is in effect. Appearances waived.
Debtor(s):
Robert Floyd Hudnall Represented By Julie J Villalobos
Joint Debtor(s):
Dana Cannon Represented By Julie J Villalobos
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
R.K. JOHNSON VS
DEBTOR
Docket 14
The motion is DENIED pursuant to LBR 4001-1(c)(1)(C)(ii). Movant failed to serve notice on the chapter 7 trustee. Appearances waived.
Debtor(s):
Hayssam Sharaf Pro Se
Movant(s):
R.K. Johnson Represented By
Frances M Campbell
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 22
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the Court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981).
The subject real property has a value of $500,000 and is encumbered by a perfected deed of trust or mortgage in favor of the movant. The liens against the property total $648,402.90. The Court finds there is no equity and there is no evidence that the trustee can administer the subject real property for the benefit of creditors. Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU
system.
Debtor(s):
Cesar Uriel Solano Mata Represented By Raymond Perez
Movant(s):
U.S. Bank National Association, not Represented By
Joseph C Delmotte
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 11
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the Court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981).
The subject property has a value of $128,612 and is encumbered by a perfected deed of trust or mortgage in favor of the movant. The liens against the property total $106,702.74. There is some equity and there is no evidence that the property is necessary to a reorganization or that the trustee can administer the property for the benefit of creditors. Movant is protected by a 17.04% equity cushion in the property. The Ninth Circuit has established that an equity cushion of 20% constitutes adequate protection for a secured creditor. Pistole v. Mellor (In re Mellor), 734 F.2d 1396, 1401 (9th Cir. 1984); see Downey Sav. & Loan Ass’n v. Helionetics, Inc. (In re Helionetics, Inc.), 70
B.R. 433, 440 (Bankr. C.D. Cal. 1987) (holding that a 20.4% equity cushion was sufficient to protect the creditor’s interest in its collateral). However,
10:00 AM
whether an equity cushion of any particular size provides adequate protection for a creditor’s security interest in the debtor’s property depends on a consideration of all circumstances.
In this case, the debtor was delinquent 9 installments on the loan secured by the subject property at the time this motion was filed. There is no evidence that debtor or trustee has made or tendered any payments to movant since commencement of the case. Given the facts of this case and an eroding equity cushion, the Court concludes that movant’s interest in the collateral is not adequately protected. This is cause to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Mike A. Wood Represented By Shannon A Doyle
Movant(s):
Wells Fargo Bank, N.A. Represented By Merdaud Jafarnia
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 8
None.
Debtor(s):
Ernest Reed Jr. Pro Se
Movant(s):
Wells Fargo Bank, N.A. Represented By
Dane W Exnowski
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Docket 364
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of debtor's Toyota Highlander. As a result, debtor has no equity in the Toyota. The debtor has failed to pay 4 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Docket 36
Debtor filed a notice of non-opposition (DE 66). No further response or opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of the debtor's Lexus ES
350. The lease matured and the debtors voluntarily surrendered the Lexus. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Thresiamma Mathew Represented By Stella A Havkin
10:00 AM
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
10:00 AM
NORTHEAST BANK VS
DEBTOR
Docket 12
None.
Debtor(s):
Luis Carlos Flores Represented By Kevin Tang
Joint Debtor(s):
Teresa Flores Represented By
Kevin Tang
Movant(s):
Northeast Bank Represented By Michael S Greger
10:00 AM
Docket 6
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on October 13, 2016. This motion was filed on October 16, 2016, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 13 of the motion. Pursuant to the evidence presented, the Court GRANTS the relief requested in the
10:00 AM
motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ferufino Ceren Campos Represented By Nicholas M Wajda
Movant(s):
Ferufino Ceren Campos Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
LAURA AVENUE PARTNERS, LLC VS
DEBTOR
Docket 75
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant to offset any amounts its owed by debtor against any of debtor’s property held by movant as security on an obligation pursuant to 11 U.S.C. 553(a). Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. Appearances waived.
Movant is the lessor of commercial real property previously occupied by debtor. Movant asserts an uncontested prepetition claim against debtor for $350,421 arising out of debtor’s breach of the lease on the real property. Debtor left a deposit of $82,697.58 in movant’s possession as security for its obligation under the real property lease. Because movant is permitted to offset its debt against its claim, there exists cause under § 362(d)(1) to grant relief from the automatic stay.
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall submit an appropriate order.
10:00 AM
Debtor(s):
Washmax Garment Care, Inc Represented By Lillian Kim
Movant(s):
Laura Avenue Partners, LLC Represented By Carol Chow
Trustee(s):
Peter J Mastan (TR) Represented By David M Goodrich Sulmeyer Kupetz Claire K Wu
10:00 AM
DUK SEON PARK VS
DEBTOR
Docket 17
NONE LISTED -
Debtor(s):
Jong Kim Pro Se
Movant(s):
Duk Seon Park Represented By
Lane M Nussbaum
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 14
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 11 petition on October 10, 2018. This motion was filed on October 23, 2018 and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an
10:00 AM
apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Evaristo Ortiz Represented By
Anthony Obehi Egbase
Movant(s):
Evaristo Ortiz Represented By
Anthony Obehi Egbase Anthony Obehi Egbase
2:00 PM
Adv#: 2:18-01286 Parra v. Andrade
Docket 1
None.
Debtor(s):
Miguel Parra Represented By
A Mina Tran
Defendant(s):
Ana Andrade Represented By
David L Prince Miles L Prince
Evan Alexandra Clark
Plaintiff(s):
Miguel Parra Represented By
Miles L Prince
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01511 Acevedo et al v. Cruz
fr. 1-9-18; 3-6-18; 4-3-18; 6-26-18, 8-14-18
Docket 1
None.
Debtor(s):
Eddy J Cruz Represented By
Edwing F Keller
Defendant(s):
Eddy J Cruz Pro Se
Plaintiff(s):
Rosa Acevedo Represented By David Brian Lally
Jaime Avila Represented By
David Brian Lally
Carlos Enriquez Represented By David Brian Lally
America Hernandez Represented By David Brian Lally
2:00 PM
Patricia Hernandez Represented By David Brian Lally
Maria Guadalupe Ramos Represented By David Brian Lally
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01247 Anyadike v. BANK OF NEW YORK MELLON et al
Docket 13
Debtor(s):
None.
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase Onyinye N Anyama
Defendant(s):
BANK OF NEW YORK MELLON Represented By
Robert W Norman Jr
BAYVIEW LOAN SERVICING, Represented By
Robert W Norman Jr
Bank of America, N.A Pro Se
Ditech Financial Represented By Christopher O Rivas
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase
2:00 PM
Adv#: 2:18-01247 Anyadike v. BANK OF NEW YORK MELLON et al
declaratory relief regarding The Bindingness of confirmed Chapter 11 Plan
injunctive or other equitable relief fr 10-2-18
Docket 1
None.
Debtor(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase Onyinye N Anyama
Defendant(s):
BANK OF NEW YORK MELLON Pro Se BAYVIEW LOAN SERVICING, Pro Se
Bank of America, N.A Pro Se
Ditech Financial Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase
2:00 PM
Adv#: 2:17-01547 Mastan v. Bondanelli et al
fr 1-30-18; 9-18-18
Docket 1
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Carlo Bondanelli Pro Se
Carlo Bondanelli, as trustee of St. Pro Se St. Joseph's Investments, Inc. Pro Se St. Joseph's Investments, Inc. in its Pro Se Does 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Peter J Mastan (TR) Represented By
2:00 PM
John P Reitman Aleksandra Zimonjic
2:00 PM
Adv#: 2:17-01549 Mastan v. Desert Solis, Inc., a California corporation et al
fr. 1-30-18; 9-18-18
Docket 1
None.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Desert Solis, Inc., a California Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
Adv#: 2:17-01550 Mastan v. Civitas Incorporated., a California corporation et
fr. 1-30-18; 9-18-18
Docket 1
None.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Civitas Incorporated., a California Pro Se St. Joseph's Investments, Inc., a Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
2:00 PM
Adv#: 2:18-01281 Katz v. Nguyen et al
avoidance of fraudulent transfers pursuant to 11 U.S.C. Section 544 and 548
recovery of fraudulent transfers pursuant to 11 U.S.C. Section 550
objection to proof of claim
disallowance of claim pursuant to 11 U.S.C. Section 502(d) and (j)
Docket 1
This status conference is continued to November 27, 2018 at 2:00 p.m. to be heard concurrently with the motions to dismiss scheduled for that date. Appearances waived.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
Jasmine Hoa Nguyen Pro Se
Biogreen Unlimited, Inc. Pro Se
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
Adv#: 2:18-01279 Alvarez v. Well Fargo Bank,NA et al
to set aside fraudulent foreclosure sale
for damages for attempted conversion
for an order discharging the alleged
loan due to fraud, deceit, misrepresentation, lack of full disclosure, lack of constitutional due process
violation of Title 18 money laundering
Another Summons issued 9/18/19
Docket 1
NONE LISTED -
Debtor(s):
Francisco Alvarez Pro Se
Defendant(s):
California Attorney General Xavier Pro Se DOES 1-100 Pro Se
N.B.S. Default Services Pro Se
Secretary Of Hud-Ben Carson Pro Se
James T Lee Pro Se
Barnett,Daffin,Frappier,Treder&Wei Pro Se
2:00 PM
Deputy Mark Saldecke Pro Se
City Of Walnut Sheriff Dept Pro Se
Jim DCDONELL Pro Se
LA County Sheriff Dept Pro Se
Susan J Townsend Pro Se
Superior Court Of California(West Pro Se REe Brokers Pro Se
Leucadia Lee Salas Pro Se
Lawrence Buckley Pro Se
Timothy J Sloan Pro Se
Well Fargo Bank,NA Pro Se
Plaintiff(s):
Francisco Alvarez Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Corporation, Inc. DIP FinanciI don'ng Facility and AFCO Insurance Premium Financing
Docket 392
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Movant(s):
Point.360, a California Corporation Represented By
Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Daniel P Hogan Daniel P Hogan Daniel P Hogan Daniel P Hogan Daniel P Hogan Daniel P Hogan Daniel P Hogan Daniel P Hogan
2:00 PM
10:00 AM
Docket 0
NONE LISTED -
1:30 PM
fr 9-12-18
Docket 41
NONE LISTED -
Debtor(s):
Vilma Enelda Iglesias Represented By Charles J Brash
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-27-18; 9-12-18
Docket 77
NONE LISTED -
Debtor(s):
Edwin Ernesto Lima Represented By
R Grace Rodriguez
Joint Debtor(s):
Judith Maribel Lima Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 3-7-18; 5-16-18; 7-11-18; 9-12-18; 10-3-18
Docket 38
NONE LISTED -
Debtor(s):
Guilmar Alfredo Ruano Represented By Brian J Soo-Hoo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18; 4-11-18; 5-16-18; 8-22-18; 9-12-18
Docket 34
NONE LISTED -
Debtor(s):
Keith Berglund Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 7-11-18; 9-12-18
Docket 45
NONE LISTED -
Debtor(s):
Lisa Marie Battiest Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18
Docket 18
NONE LISTED -
Debtor(s):
Maria Christine Pingol Esclibano Represented By
Hasmik Jasmine Papian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18
Docket 31
NONE LISTED -
Debtor(s):
Jennifer Goodie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18
Docket 23
NONE LISTED -
Debtor(s):
Erik G Fine Represented By
Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18
Docket 36
NONE LISTED -
Debtor(s):
Leobardo Alaniz Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-18-18; 9-12-18
Docket 50
NONE LISTED -
Debtor(s):
Jose Hernandez Represented By Richard A Loa
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 10-3-18
Docket 47
NONE LISTED -
Debtor(s):
Guillermina Arevalo Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18
Docket 38
NONE LISTED -
Debtor(s):
Tisa L. Shavers Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 27
NONE LISTED -
Debtor(s):
Regis Theodore Mason Represented By Barry E Borowitz Nancy B Clark
Joint Debtor(s):
Brenda Feniece Mason Represented By Barry E Borowitz Nancy B Clark
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
NONE LISTED -
Debtor(s):
Jason L Alvarado Represented By Steven Ibarra
Joint Debtor(s):
Lisa Renee Alvarado Represented By Steven Ibarra
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 59
NONE LISTED -
Debtor(s):
John Dowers Represented By
Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 61
NONE LISTED -
Debtor(s):
Sabrina January Dethloff Represented By David P Farrell
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 72
NONE LISTED -
Debtor(s):
Ronald Vasquez Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 20
NONE LISTED -
Debtor(s):
Salvador Leon Perez Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 74
NONE LISTED -
Debtor(s):
Todd A King Represented By
Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 52
NONE LISTED -
Debtor(s):
Odila Campos Represented By Lauren Rode
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 65
NONE LISTED -
Debtor(s):
John Kavanaugh Represented By Michael F Chekian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 69
NONE LISTED -
Debtor(s):
Ramon Larios Rojas Represented By Todd L Turoci
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 39
NONE LISTED -
Debtor(s):
Clarence E Jingles Jr. Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
NONE LISTED -
Debtor(s):
Carolyn Lewis Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
NONE LISTED -
Debtor(s):
Regina Gale Willis Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 65
NONE LISTED -
Debtor(s):
Lisa Virgene McGeo Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 25
NONE LISTED -
Debtor(s):
April Diann Thomas Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
NONE LISTED -
Debtor(s):
Steven Phillip Vigil Represented By Erika Luna
Joint Debtor(s):
Anna Maria Vigil Represented By Erika Luna
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
NONE LISTED -
Debtor(s):
Evette H Bell Represented By
Christie Cronenweth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 36
NONE LISTED -
Debtor(s):
Charles Hansford Jr. Represented By Erika Luna
Joint Debtor(s):
Denise Hansford Represented By Erika Luna
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
NONE LISTED -
Debtor(s):
Joseph A Villagrana Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
None.
Debtor(s):
Robert M Gonzales Sr Pro Se
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
Docket 93
NONE LISTED -
Debtor(s):
Robert M Gonzales Sr Pro Se
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
§ 1328(b)
Docket 41
None.
Debtor(s):
Frank D Finocchio Represented By Christie Cronenweth
Joint Debtor(s):
Jessica A Finocchio Represented By Christie Cronenweth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18
Docket 35
NONE LISTED -
Debtor(s):
Frank D Finocchio Represented By Christie Cronenweth
Joint Debtor(s):
Jessica A Finocchio Represented By Christie Cronenweth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr. 11-1-17; 12-13-17; 2-28-18; 3-28-18; 5-16-18; 5-30-18;
6-13-18; 7-18-18; 10-3-18
Christina J. O to appear by telephone
Docket 165
None.
Debtor(s):
Ca-Trece Roxanne Mas'sey Represented By Steven L Bryson
Movant(s):
Steven L. Bryson Represented By Steven L Bryson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
(11 U.S.C. §109(h)(4) and 727(a)(11)
Docket 62
No opposition was filed.
Having received no opposition, and good cause appearing, the motion is granted persuant to 11 U.S.C. § 109(h)(4). The deceased debtor is excused from completing a Course in Personal Finanancial Management as required pursuant to 11 U.S.C. § 727(a)(11) and excused from completing a Certificate of Compliance under 11 U.S.C. § 1328(a) and Application for Entry of Discharge. The Court on its own motion shall enter the discharge.
The debtor shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Lady B. Del Rio Represented By Axel H Richter
Movant(s):
Lady B. Del Rio Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
1:30 PM
Telephonic Hearing
Erin M. McCartney to appear by telephone
Docket 47
None.
Debtor(s):
Carlyn Joyce Couch Represented By Sanaz S Bereliani
Movant(s):
Carlyn Joyce Couch Represented By Sanaz S Bereliani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
None.
Debtor(s):
Roberto L Corona Represented By Peter L Lago
Joint Debtor(s):
Maria R Corona Represented By Peter L Lago
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
No opposition was filed.
This objection to the proof of claim of Vons Credit Union ("Claim No.
8") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The court is granting the relief requested to disallow Claim No. 8. The claimant's default is entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). Appearances waived.
The objection is sustained. The court disallows Claim No. 8 as it was not timely filed. Claim No. 8 was filed on July 24, 2018, after the deadline of July 20, 2018 for filing claims in this case.
The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Antonio Fraire Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
No opposition was filed.
This objection to the proof of claim of Vons Credit Union ("Claim No.
9") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The court is granting the relief requested to disallow Claim No. 9. The claimant's default is entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). Appearances waived.
The objection is sustained. The court disallows Claim No. 9 as it was not timely filed. Claim No. 9 was filed on July 24, 2018, after the deadline of July 20, 2018 for filing claims in this case.
The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Antonio Fraire Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 43
NONE LISTED -
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Stipulation to continue hearing filed 10/22/18
Docket 40
NONE LISTED -
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
On October 29, 2018, creditor The Bank of New York Mellon filed a Conditional Non-Opposition to the debtor's motion.
Debtor seeks to value debtor’s residence at a fair market value of
$370,500 as of September 21, 2018. The subject property is encumbered by a first deed of trust lien held by Statebridge Company LLC, securing a loan with a balance as of the petition date of approximately $370,649.33 and a second deed of trust held by Bank of New York Mellon, securing a loan with a balance as of the petition date of approximately $186,217.61. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339
U.S. 306, 314 (1950). A conditional non-opposition was filed. Therefore, Bank of New York Mellon’s claim secured by a junior deed of trust lien is completely under-collateralized.
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan and the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan and upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property. No appearance is allowed.
1:30 PM
Pursuant to LBR 9021-1(b)(1)(B), debtors must serve and lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Celestino Lopez Represented By
Anthony Obehi Egbase
Joint Debtor(s):
Dinora Elizabeth Lopez Represented By
Anthony Obehi Egbase
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Stipulation resolving motion filed 11/5/18
Docket 9
This matter has been resolved by Stipulation. The court will enter an order approving the stipluation. This matter is OFF CALENDAR. Appearances waived.
Debtor(s):
Carlos Torres Pro Se
Movant(s):
United States Trustee (LA) Represented By Ron Maroko
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
fr. 8-16-18
Docket 15
None.
Debtor(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
10:00 AM
fr. 8-16-18
Docket 8
None.
Debtor(s):
Javier Valle Represented By
Kevin Tang
10:00 AM
Fr. 7-19-18; 8-16-18; 9-6-18; 9-20-18; 9-28-18
Docket 15
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
Docket 0
None.
Debtor(s):
Thresiamma Mathew Represented By Stella A Havkin
10:00 AM
Docket 0
None.
Debtor(s):
Robert Gabriel Represented By Onyinye N Anyama
10:00 AM
fr 10-4-18
Docket 52
No opposition was filed. The Court reviewed the motion and adequate protection stipulation and good cause appearing to grant the relief requested in the motion, the motion is GRANTED. Appearances waived.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
fr. 8-16-18
Docket 15
None.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
Docket 50
None.
Debtor(s):
Michelle Carter Represented By Kevin Tang
Movant(s):
Michelle Carter Represented By Kevin Tang Kevin Tang Kevin Tang
10:00 AM
1834 S.Marengo Ave., Apt. 33, Alhambra, CA fr. 8-16-18; 10-4-18; 10-18-18
Docket 50
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
Docket 14
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
fr. 6-28-18; 8-23-18; 9-6-18; 9-20-18
Docket 232
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
Docket 0
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara
10:00 AM
version of supplemental exhibits under seal, or alternatively, accepting redacted version of supplemental exhibits for all purposesUTHROTIES related document 1055
Docket 1070
NONE LISTED -
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Docket 1072
No opposition having been filed, and good case presented, the motion is GRANTED. Debtor must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Docket 128
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
2005 Volvo V50
Docket 129
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
2007 Honda CR-V
Docket 130
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
fr 8-14-18, 8-16-18; 10-4-18
Docket 78
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
2:00 PM
Docket 16
None.
Debtor(s):
NCI Apparel, Inc. Represented By Todd B Becker
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
relief from stay [RP]
STONEHAVEN LLC VS
DEBTOR fr 9-21-18
Docket 30
NONE LISTED -
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Movant(s):
Stonehaven LLC Represented By Michael H Weiss
10:00 AM
fr. 8-30-18
Docket 1035
None.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
MAYER NOSRATI VS
DEBTOR
Docket 31
Debtor(s):
None.
Enrique Tellez Represented By Raymond Perez
Joint Debtor(s):
Gloria Tellez Represented By
Raymond Perez
Movant(s):
Mayer Nosrati Represented By Paul E Gold
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ALAN RILEY VS DEBTOR
Docket 25
None.
Debtor(s):
Paula Louise Walton Represented By
Richard L. Sturdevant
Movant(s):
Alan Ridley Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SANNTANDER CONSUMER USA, INC VS
DEBTOR
Docket 45
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtors' Chrysler 300. On January 25, 2018, the loan secured by the Chrysler matured and the balance became due and owing. The debtors have failed to pay the post-petition balance due. Also, the debtors have not provided movant with proof of insurance on the vehicle. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
James David Moore Represented By Matthew D. Resnik
Joint Debtor(s):
Bonita L. Moore Represented By Matthew D. Resnik
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SANTANDER CONSUMER USA, INC VS
DEBTOR
Docket 56
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtors' Chevrolet Cruze. The debtors have failed to pay 6 post-petition payments. Also, the debtors have not provided movant with proof of insurance on the vehicle. This is "cause" to terminate the stay under 11
U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Juan Ramirez-Juarez Represented By
Jessica De Anda Leon
10:00 AM
Joint Debtor(s):
Marisela Ramirez-Flores Represented By
Jessica De Anda Leon
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SANTANDER CONSUMER USA, INC VS
DEBTOR
Docket 37
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Lexus ES. The debtor has failed to pay 8 post-petition payments. Also, the debtor has not provided movant with proof of insurance on the vehicle. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Nikita K. Knowles Represented By Jaime A Cuevas Jr.
10:00 AM
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PACIFIC UNION FINANCIAL, LLC VS
DEBTOR fr 10-16-18
Docket 29
Debtor(s):
Tracy Lynn Ruiz Represented By
Raj T Wadhwani
Movant(s):
Pacific Union Financial, LLC Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SPECIALIZED LOAN SERVICING LLC VS
DEBTOR
fr. 8-14-18; 9-18-18; 10-16-18
Docket 36
None.
Debtor(s):
Raequel K. London Represented By
D Justin Harelik
Movant(s):
Specialized Loan Servicing LLC Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr. 8-28-18; 10-16-18
Docket 33
Debtor(s):
Gerald W. Goodman Represented By Stephen Parry
Joint Debtor(s):
Sylvia Goodman Represented By Stephen Parry
Movant(s):
U.S. BANK NATIONAL Represented By John Rafferty Renee M Parker James F Lewin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PACIFIC UNION FINANCIAL, LLC VS
DEBTOR
fr. 8-14-18; 9-18-19
Docket 62
Debtor(s):
Joseph Fields Jr Represented By Marc C Hodges
Movant(s):
Pacific Union Financial, LLC Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
THE BANK OF NEW YORK MELLON VS
DEBTOR fr. 10-9-18
Docket 15
None.
Debtor(s):
Bill L. Lile Represented By
Crystle Jane Lindsey
Movant(s):
The Bank of New York Mellon, et al Represented By
S Renee Sawyer Blume Alexander G Meissner
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MTGLQ INVESTORS, LP VS
DEBTOR
Docket 13
Debtor's case was dismissed on October 26,2018; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay numerous pre-petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the
10:00 AM
order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Socorro Reister Represented By Ronald A Norman
Movant(s):
MTGLQ Investors, LP Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CITIMORTHAHE, INC VS
DEBTOR
Docket 60
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtors or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtors have failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60
B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jaime Gutierrez Represented By Marc A Goldbach
10:00 AM
Joint Debtor(s):
Myrna Gutierrez Represented By Marc A Goldbach
Movant(s):
CitiMortgage, Inc. Represented By Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BANK OF AMERICA, N.A. VS
DEBTOR
STIP TO SETTLE FILED 11-1-18
Docket 56
NONE LISTED -
Debtor(s):
Dimas Israel Galindo Garcia Represented By Todd L Turoci
Joint Debtor(s):
Lily Senaida Galindo Represented By Todd L Turoci
Movant(s):
Bank of America, N.A. Represented By Megan E Lees
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 61
None.
Debtor(s):
Katherine Marie Akingbade Represented By Brad Weil
Movant(s):
Wells Fargo Bank, N.A. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 35
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 8 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Hilda E Mayne Brown Represented By Julie J Villalobos
10:00 AM
Movant(s):
Deutsche Bank National Trust Represented By Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 74
Debtor(s):
None.
Lota Lozleta Hadley Represented By
Richard Mark Garber
Movant(s):
Deutsche Bank National Trust Represented By April Harriott
Matthew R. Clark III Seth Greenhill
Sean C Ferry Theron S Covey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK N.A.
VS
DEBTOR
STIP FILED 11-9-18
Docket 56
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Romel Castrillo Faraon Represented By
10:00 AM
Movant(s):
Stephen S Smyth William J Smyth
U.S. Bank N.A., as trustee, on behalf Represented By
Merdaud Jafarnia Kelly M Raftery Jennifer C Wong
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SPECIALIZED LOAN SERVICING LLC VS
DEBTOR
Docket 33
None.
Debtor(s):
Noe M Urias Represented By
James Bryant
Joint Debtor(s):
Lucila Urias Represented By
James Bryant
Movant(s):
Specialized Loan Servicing LLC Represented By
John Rafferty Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON TRUST NATIONAL ASSOCIATION VS
DEBTOR
Docket 58
None.
Debtor(s):
Robert John Groner Represented By Todd J Roberts
Movant(s):
WILMINGTON TRUST Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U,S, BANK NATIONAL ASSOCIATION VS
DEBTOR
Case dismissed 10/16/18
Docket 13
Debtor's case was dismissed on October 16, 2018; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay numerous pre-petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
10:00 AM
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Yuko Akimoto Pro Se
Movant(s):
U.S. Bank National Association, not Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
VALENCIA TRUST #2524, SOUTHLAND HOMES REAL ESTATE AND INVESTMENT, LLC
VS DEBTOR
Docket 12
Debtor's case was dismissed on October 16, 2018; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362. However, Movant is a purchasing creditor at a trustee's sale for which this Court does not grant such relief. Accordingly, Movant's request for in rem relief is denied. Appearances waived.
Debtor(s):
Hilaria De Leon Martinez Pro Se
Movant(s):
VALENCIA TRUST #2524, Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JERRY PIKOVER VS
DEBTOR
Docket 18
Debtor's case was dismissed on November 5, 2018; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay numerous pre-petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case
10:00 AM
under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Esperanza Zamarripa Pro Se
Movant(s):
Jerry Pikover Represented By
Yevgeniya Lisitsa
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JERRY PIKOVER VS
DEBTOR
Docket 19
On October 23, 2018, the Court entered an order dismissing the debtor's bankruptcy case. Movant has requested that this court retain jurisdiction to grant relief under section 362(d)(4). However, Movant has not properly served noticed on all parties holding an interest in the property. As such, movant has failed to provide the Court with sufficent grounds retain jurisdiction to hear this matter. The Motion is denied. Appearances waived.
Debtor(s):
Jong Kim Pro Se
Movant(s):
Jerry Pikover Represented By
Yevgeniya Lisitsa
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 23
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on September 7, 2018. This motion was filed on October 3, 2018 and was noticed for a hearing on November 13, 2018, which falls outside the 30-day period following the filing of the petition. The motion is untimely.
Accordingly, this motion is DENIED. Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Joseph J Nichols Represented By Julius Johnson
Movant(s):
Joseph J Nichols Represented By Julius Johnson
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ABBIE GOUGERCHIAN VS
DEBTOR
Docket 11
The Debtor's case was dismissed on November 5, 2018. This matter is OFF CALENDAR. Appearances waived.
Debtor(s):
Isaac Correa Pro Se
Movant(s):
Abbie Gougerchian Represented By Helen G Long
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
FINANCIAL SERVICES VEHICLE TRUST VS
DEBTOR
RE: 2018 BMW 5 SERIES 530e
Stipulation to modify the automatic stay filed 11/9/18
Docket 17
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $41,141.00, which th debtor leases from the movant. That security interest secures a claim of
$52,250. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
10:00 AM
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to
the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
Debtor(s):
The movant shall submit an appropriate order.
Jose Ramos Represented By
Jose Cervantes
Movant(s):
Financial Services Vehicle Trust Represented By
Cheryl A Skigin
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
FINANCIAL SERVICES VEHICLE TRUST VS
DEBTOR
RE: 2016 BMW 5 Series Sedan 4D 528I
Stipulation to modify the automatic stay filed 11/9/18
Docket 18
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $27,378, which th debtor leases from the movant. That security interest secures a claim of
$94,995. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
10:00 AM
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to
the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
The movant shall submit an appropriate order.
Debtor(s):
Jose Ramos Represented By
Jose Cervantes
Movant(s):
Financial Services Vehicle Trust Represented By
Cheryl A Skigin
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
FINANCIAL SERVICES VEHICLE TRUST VS
DEBTOR
RE: 2015 BMW 3 Series Sedan 4D 328d
Stipulation to modify the automatic stay filed 11/9/18
Docket 19
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $18,572 which th debtor leases from the movant. That security interest secures a claim of
$90,190.43. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
10:00 AM
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to
the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
The movant shall submit an appropriate order.
Debtor(s):
Jose Ramos Represented By
Jose Cervantes
Movant(s):
Financial Services Vehicle Trust Represented By
Cheryl A Skigin
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
FINANCIAL SERVICES VEHICLE TRUST VS
DEBTOR
RE: 2016 BMW 4 Series Coupe 2D 435i
Stipulation to modify the automatic stay filed 11/9/18
Docket 24
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $31,956, which th debtor leases from the movant. That security interest secures a claim of
$44,392.68 There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
10:00 AM
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to
the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
The movant shall submit an appropriate order.
Debtor(s):
Jose Ramos Represented By
Jose Cervantes
Movant(s):
Financial Services Vehicle Trust Represented By
Cheryl A Skigin
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
FINANCIAL SERVICES VEHICLE TRUST VS
DEBTOR
RE: 2018 BMW 7 Series Sedan 4D 740xe AWD Stipulation to modify the automatic stay filed 11/9/18
Docket 16
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $64,774, which th debtor leases from the movant. That security interest secures a claim of
$90,523.73. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
10:00 AM
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to
the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
The movant shall submit an appropriate order.
Debtor(s):
Jose Ramos Represented By
Jose Cervantes
Movant(s):
Financial Services Vehicle Trust Represented By
Cheryl A Skigin
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
BANK OF AMERICA VS
DEBTOR
Case dismissed 10/15/18
Docket 10
Debtor's case was dismissed on October 15, 2018; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
According to the evidence, movant has a claim in the amount of
$358,476.14 secured by a lien on the subject property. The Court is unable to make a finding establishing the value of the property because movant has not provided an authenticated valuation of the property. There is no evidence that the debtor has made or tendered any payments to movant since the petition date. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1). Furthermore, the Court finds that the filing of
10:00 AM
the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or Court approval and multiple bankruptcy filings affecting the subject real property. 11 U.S.C. § 362(d)(4).
The 14-day period specified in FRBP 4001(a)(3) is waived. This order shall be binding and effective despite any conversion of this bankruptcy case to a case under any other chapter of Title 11 of the United States Code.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
John Park Pro Se
Movant(s):
Bank of America, N.A. Represented By Bonni S Mantovani
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
NORTHEAST BANK VS
DEBTOR fr 11-6-18
Docket 12
None.
Debtor(s):
Luis Carlos Flores Represented By Kevin Tang
Joint Debtor(s):
Teresa Flores Represented By
Kevin Tang
Movant(s):
Northeast Bank Represented By Michael S Greger
2:00 PM
Adv#: 2:18-01093 Wike v. Hong
FR. 6-5-18; 6-26-18, 7-17-18, 8-14-18
Docket 1
None.
Debtor(s):
Michael T Hong Represented By Young K Chang
Defendant(s):
Michael T Hong Pro Se
Plaintiff(s):
Chalmers Wike Represented By Marc Lazarus
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:18-01226 Goodrich v. CITIBANK et al
Docket 1
None.
Debtor(s):
Consuelo Munoz Represented By Jeffrey S Shinbrot
Defendant(s):
CITIBANK Pro Se
DOES 1-20 Pro Se
Plaintiff(s):
David M. Goodrich Represented By Wesley H Avery
Trustee(s):
David M Goodrich (TR) Represented By Wesley H Avery
2:00 PM
Adv#: 2:18-01249 Harmandjian v. Massei et al
fr. 10-9-18
Docket 1
None.
Debtor(s):
Steven Massei Represented By
Andrew Edward Smyth
Defendant(s):
Steven Massei Pro Se
Martha Massei Pro Se
Joint Debtor(s):
Martha Massei Represented By
Andrew Edward Smyth
Plaintiff(s):
Liana Harmandjian Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:18-01141 Point.360, a California Corporation v. Medley Capital Corporation et al
intentional misrepresentation;
concealment
negligent misrepresentation
mandatory subordination
equitable subordination
recharacterization
objection to claims
fr. 7-10-18; 8-21-18; 9-4-18
Docket 1
This adversary proceeding has been dismissed. The status conference is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
Defendant(s):
Medley Capital Corporation Pro Se
Medley Opportunity Fund II LP Pro Se
Deloitte Corporate Finance, LLC Pro Se Deloitte Transactions and Business Pro Se
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
2:00 PM
2:00 PM
Adv#: 2:18-01281 Katz v. Nguyen et al
[Jasmine Hoa Nguyen)
Docket 7
NONE LISTED -
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
Jasmine Hoa Nguyen Represented By Timothy F Umbreit
Biogreen Unlimited, Inc. Represented By Thomas K Emmitt
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
Adv#: 2:18-01281 Katz v. Nguyen et al
[Biogreen Unlimited]
Docket 9
NONE LISTED -
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
Jasmine Hoa Nguyen Represented By Timothy F Umbreit
Biogreen Unlimited, Inc. Represented By Thomas K Emmitt
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
10:00 AM
Docket 0
NONE LISTED -
1:30 PM
fr 10-18-17; 12-13-17; 1-31-18; 3-28-18; 5-30-18
6-27-18
fr 9-12-18
Docket 78
NONE LISTED -
Debtor(s):
James A Baltutis Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
fr 10-18-17; 12-13-17; 1-31-18; 3-28-18; 5-30-18
6-27-18
fr 9-12-18
Docket 44
NONE LISTED -
Debtor(s):
Monique M. Adams Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18; 7-11-18
fr 9-12-18
Docket 57
NONE LISTED -
Debtor(s):
Kevork N Ashkharian Represented By
David I Brownstein Joshua L Sternberg
Joint Debtor(s):
Sonia F Ashkharian Represented By
David I Brownstein Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-11-18
fr 9-12-18
Docket 42
NONE LISTED -
Debtor(s):
Adrian Eslava Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
U.S.C. §1307(c)
fr. 9-20-17; 11-15-17; 1-31-18; 3-28-18; 4-18-18
6-27-18
fr 9-12-18
Docket 60
NONE LISTED -
Debtor(s):
Inna Dmitriev Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-13-18; 7-11-18
fr 9-12-18
Docket 46
NONE LISTED -
Debtor(s):
Jesus Cardenas Represented By Leonard Pena
Joint Debtor(s):
Maria Dora Cardenas Represented By Leonard Pena
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 6-27-18; 9-12-18
fr 10-3-18
Docket 44
NONE LISTED -
Debtor(s):
Margaret E Jones Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-3-18
Docket 66
NONE LISTED -
Debtor(s):
Greer Yvonne Davis Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-3-18
Docket 64
NONE LISTED -
Debtor(s):
Frank Junior Flores Represented By Steven Ibarra
Joint Debtor(s):
Maria Igros Flores Represented By Steven Ibarra
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18
Docket 24
NONE LISTED -
Debtor(s):
Claudia Jean Hamler Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18; 7-18-18
fr 10-3-18
Docket 28
NONE LISTED -
Debtor(s):
Edwina Harris Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18
Docket 39
NONE LISTED -
Debtor(s):
Magno Duenas Represented By Rebecca Tomilowitz
Joint Debtor(s):
Elizabeth Duenas Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-31-18; 3-28-18; 5-30-18; 7-18-18
fr 10-3-18
Docket 23
NONE LISTED -
Debtor(s):
Angela Michelle Brown Clinton Represented By Stephen S Smyth William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr. 5-16-18; 8-22-18; 10-3-18
Philip I. Myer to appear by telephone
Docket 39
NONE LISTED -
Debtor(s):
Alec Anthony Bauer Represented By Phillip Myer
Joint Debtor(s):
Angelica Bauer Represented By Phillip Myer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18
Docket 54
NONE LISTED -
Debtor(s):
Rene Garcia Represented By
Todd J Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-27-18
fr 9-12-18
Docket 37
NONE LISTED -
Debtor(s):
Juan Jose Soria Jimenez Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Maria Del Carmen Duran Jimenez Represented By
Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 10-3-18
Docket 44
NONE LISTED -
Debtor(s):
Shelia Varrie-Gail Nelson-Griggs Represented By
Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-11-18; 9-12-18
Docket 66
NONE LISTED -
Debtor(s):
Imelda Sabillo Garcia-Fernandez Represented By
Emilia N McAfee
Trustee(s):
Nancy K Curry (TR) Represented By Emilia N McAfee
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 10-3-18
Docket 24
NONE LISTED -
Debtor(s):
Kelly Smith Represented By
Allan S Williams
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-3-18
Docket 23
NONE LISTED -
Debtor(s):
Justin Alexander McCullough Represented By Michael E Clark
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 10-3-18
Docket 43
NONE LISTED -
Debtor(s):
Marcus Cameron Clark Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-27-18; 9-12-18
Docket 29
NONE LISTED -
Debtor(s):
Ricardo Frankie Barboza Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18
Docket 37
NONE LISTED -
Debtor(s):
Cesar Garza Represented By
Brad Weil
Joint Debtor(s):
Norma Robles Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 113
NONE LISTED -
Debtor(s):
Saul Quirarte Represented By
Luis G Torres
Joint Debtor(s):
Guadalupe Z Quirarte Represented By Juanita V Miller Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 57
NONE LISTED -
Debtor(s):
David Leroy Robertson Represented By
Rabin J Pournazarian
Joint Debtor(s):
Susan Mari Ramirez Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 84
NONE LISTED -
Debtor(s):
Lynette Marie Baker Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 53
NONE LISTED -
Debtor(s):
Juan Almanza Represented By Rebecca Tomilowitz
Joint Debtor(s):
Rosanna Almanza Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
NONE LISTED -
Debtor(s):
Magdalena Martinez Represented By Daniela P Romero
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 41
NONE LISTED -
Debtor(s):
Henry L Jackson Represented By Thomas B Ure
Joint Debtor(s):
Carolyn L Jackson Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 45
NONE LISTED -
Debtor(s):
Susanna M Alvarez Represented By Joshua L Sternberg
Movant(s):
Susanna M Alvarez Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 31
NONE LISTED -
Debtor(s):
Rassoul Yazdipour Represented By Mark T Jessee
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
David L. Speckman to appear by telephone
Docket 44
NONE LISTED -
Debtor(s):
Joseph Jennings Represented By David L Speckman
Joint Debtor(s):
Monalisa E Jennings Represented By David L Speckman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 21
NONE LISTED -
Debtor(s):
Nalonni Nikole Madden Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 46
NONE LISTED -
Debtor(s):
Armando Diaz Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
NONE LISTED -
Debtor(s):
Jesus Tecuanhuey Garcia Represented By Todd L Turoci
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 43
NONE LISTED -
Debtor(s):
Gloria Jackson Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
NONE LISTED -
Debtor(s):
Loretta Hernandez Represented By Gregory M Shanfeld
Joint Debtor(s):
Lorenzo Hernandez Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-22-17; 10-17-18
Docket 42
NONE LISTED -
Debtor(s):
Jose Eladio Guardado Represented By
Glenn Ward Calsada
Joint Debtor(s):
Maria Margoth Guardado Represented By
Glenn Ward Calsada
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-22-17; 10-17-18
Docket 25
NONE LISTED -
Debtor(s):
Nicolas Delgado Barrera Represented By Leonard Pena
Joint Debtor(s):
Dominga Barrera Represented By Leonard Pena
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-12-18; 10-17-18
Docket 24
NONE LISTED -
Debtor(s):
Jose Antonio Herrarte Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 51
NONE LISTED -
Debtor(s):
Laura Bash Represented By
Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18; 7-18-18; 10-3-18
Docket 46
NONE LISTED -
Debtor(s):
Laura Bash Represented By
Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
None.
Debtor(s):
SALVADOR MUNOZ Represented By Omar Zambrano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 10
The motion has been withdrawn. This hearing is taken OFF CALENDAR.
Debtor(s):
Kennedy Yuen Pro Se
Movant(s):
Kennedy Yuen Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Debtor's Attorney fr. 10-17-18
Docket 47
This is an application for fees incurred by Debtor's counsel for obtaining reconversion of the case after it was fraudulently converted to chapter 7. While the court appreciates the Debtor's concern that she should not have to pay fees to have the case reconverted when she did not convert it in the first place, her counsel provided a valuable service to her in obtaining reconversion of the case. The fees requested are reasonable and necessary. Therefore, the application is granted. Fees are allowed in the amount of
$1,720.00 and costs in the amount of $197.00. Debtor's counsel is to upload an order consistent with this ruling. Appearances waived.
Debtor(s):
Carolina Ayala Hernandez Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-17-18
Stipulation to continue hearing filed 11/9/18
Docket 74
None.
Debtor(s):
Norberto Juarez-Ramirez Represented By
Leroy Bishop Austin
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18
Stipulation to continue filed 11/12/18
Docket 66
None.
Debtor(s):
Patricia Nickell Represented By Charles Shamash Joseph Caceres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 27
This is an obljection by the Chapter 13 trustee to claim no. 14.
Deutsche Bank National Trust Company as Trustee for Argent Securities, Inc. Asset-Backed Pass-Through Certificates, Series 2006-M2 filed a withdrawal of claim no. 14 on October 30, 2018 (Docket No. 30). Therefore the objection is overruled as moot. Appearances waived.
Debtor(s):
Juan Herrera Represented By
James Geoffrey Beirne
Joint Debtor(s):
Rocio Veronica Herrera Represented By
James Geoffrey Beirne
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
NONE LISTED -
Debtor(s):
John Butler Represented By
Kahlil J McAlpin
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Docket 32
None.
Debtor(s):
Neil Papiano Represented By
Richard A Brownstein
Trustee(s):
CASE REOPENED/CLOSED Pro Se
10:00 AM
Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon
Docket 14
None.
Debtor(s):
Luis Carlos Flores Represented By Kevin Tang
Joint Debtor(s):
Teresa Flores Represented By
Kevin Tang
10:00 AM
Trustee with an Order Directing Payment of Quarterly Fees and For Judgment Thereon
Docket 9
None.
Debtor(s):
Carla Langley Represented By Kevin Tang
10:00 AM
Trustee with an Order Directing Payment of Quarterly Fees and For Judgment Thereon
Docket 28
None.
Debtor(s):
Javier Valle Represented By
Kevin Tang
10:00 AM
7354 Morning Hills Drive, Corona, CA 92880 fr 9-20-18
Docket 15
None.
Debtor(s):
Javier Valle Represented By
Kevin Tang
10:00 AM
fr. 8-16-18; 11-8-18
Docket 8
None.
Debtor(s):
Javier Valle Represented By
Kevin Tang
10:00 AM
fr. 8-13-15; 9-24-15; 1-28-16, 5-26-16; 9-28-16
1-26-17, 5-25-17; 8-24-17, 12-14-17; 2-1-18; 3-29-18,
5-3-18; 5-31-18; 8-23-18
Docket 1
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
Docket 0
None.
Tentative Ruling of 10/18/18:
Debtor is to explain why there is no post-confirmation status report filed in this case prior to the hearing.
Debtor(s):
Rafael Ayala Gutierrez Represented By Onyinye N Anyama
10:00 AM
Docket 141
None.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
Movant(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
Docket 120
Reorganized debtor to explain why a Post-Confirmation status report was not filed.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
Docket 147
No opposition having been filed, and good cause appearing, the motion is GRANTED. The court grants debtor's discharge under 11 U.S.C. § 1141(d). Debtor shall upload an appropriate order via the court's LOU system. Appearances waived.
Debtor(s):
Jose Alfredo Guzman Represented By
M. Jonathan Hayes Roksana D. Moradi-Brovia
10:00 AM
Docket 1095
None.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Adv#: 2:15-01467 Holy Hill Community Church et al v. Zemer et al
fr. 11-19-15; 12-15-15, 1-20-15, 3-22-16; 3-29-16
4-19-16, 6-21-16; 8-9-16; 11-8-16; 1-10-17; 2-2-17;
3-9-17; 6-13-17; 7-11-17, 8-1-17; 9-5-17; 10-10-17
11-14-17, 12-14-17, 1-18-18; 4-12-18; 6-14-18; 9-20-18
Docket 11
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Yuval Bar Zemer Represented By
Bernard D Bollinger Jr
1111 Sunset, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Downtown Capital, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Carl Sohn Pro Se
10:00 AM
Chan Hyo Tak Pro Se
Hae Hoon Owh Pro Se
Sung Yeol Yim Pro Se
Movant(s):
1111 Sunset Boulevard, LLC Represented By Jeffrey A Krieger
Plaintiff(s):
Holy Hill Community Church Represented By Andy Kong Richard T Baum
Reorganized Debtor, Holy Hill Represented By Andy Kong
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Adv#: 2:15-01467 Holy Hill Community Church et al v. Zemer et al
FR. 10-13-15; 12-15-15; 1-20-16, 3-22-16; 3-29-16, 6-21-16
8-9-16; 11-8-16; 1-10-17; 2-2-17,3-9-17; 6-13-17; 7-11-17,
8-1-17; 9-5-17; 10-10-17; 11-14-17, 12-14-17, 1-18-18
4-12-18; 6-14-18; 9-20-18
Docket 1
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Yuval Bar Zemer Represented By
Bernard D Bollinger Jr
1111 Sunset, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Downtown Capital, LLC Represented By
10:00 AM
Bernard D Bollinger Jr Anthony J Napolitano
Carl Sohn Pro Se
Chan Hyo Tak Pro Se
Hae Hoon Owh Pro Se
Sung Yeol Yim Pro Se
Plaintiff(s):
Holy Hill Community Church Represented By Andy Kong Richard T Baum
Reorganized Debtor, Holy Hill Represented By Andy Kong
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Docket 11
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
of Certain Executory Contracts and Unexpired Leases; and (2) Executory Contract and Lease Rejection Procedures
Docket 237
No opposition having been filed, and good cause presented, the motion is GRANTED. Debtor shall upload an appropriate order via the court's LOU system. Appearances waived.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
10:00 AM
Docket 377
No opposition was filed.
The court has reviewed the Application for Payment of Fees of Gladstone Michel Weisberg & Sloane, ALC. The court GRANTS IN PART the Application on an interim basis and awards $16,980.00 in fees and
$812.61 in costs, for a total of $17,792.61, the unpaid balance of which is to be paid by the debtor. Pursuant to 11 U.S.C. § 330(a)(2), the court awards compensation in an amount less than the amount of compensation that is requested based upon the reasonable value of the services rendered and finding (1) impermissible charges for clerical services; and (2) for discovery post dismissal. Appearances waived.
Debtor’s counsel is to lodge an appropriate order.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 380
The court has reviewed the Application of Brinkman Portillo Ronk, APC for the Allowance of Fees and Reimbursement of Expenses ("Application"), the Objection to the Application by the United States Trustee ("Objection") and the Stipulation Resolving Objections ("Stipulation"). The court GRANTS the Application and awards on an interim basis the stipulated to amount of
$107,853.00 in fees and $3,780.66 in costs, for a total of $111,633.66, the unpaid balance of which is to be paid by the debtor. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 382
No opposition was filed.
The court has reviewed the Application for Payment of Fees of Lewis
R. Landau, Attorney at Law. The court GRANTS the Application on an interim basis and awards $97,515.00 in fees and $346.00 in costs for a total of $97,861.00, the unpaid balance of which is to be paid by the debtor. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 383
No opposition was filed.
The court has reviewed the Application for Payment of Fees of GlassRatner Advisory & Capital Group LLC. The court GRANTS the Application on an interim basis and awards $29,271.00 in fees, the unpaid balance of which is to be paid by the debtor. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 384
No opposition was filed.
The court has reviewed the Application for Payment of Fees of TroyGould PC. The court GRANTS the Application on an interim basis and awards $6,113.00 in fees. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11
U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
2:00 PM
A/V Products, Inc.; DBL Distributing; First American Payment Systems L.P; Fedex Freight East; American Express Bank FSB; Leaf Funding, Inc.
fr 9-20-18; 10-18-18
Docket 45
None.
Tentative Ruling of 9/20/18:
The valuation motion is DENIED without prejudice. The court finds the motion deficient for the following reasons:
Pursuant to LBR 9013-1(i), the factual contentions of any motion must be supported by a declaration or other written evidence. Verification of a motion is not sufficient to constitute evidence on a motion. LBR 9013-1(i). Here, no debtor declaration is provided in support of the motion.
To the extent debtor’s motion relies on the appraisal to establish the value of the property, the motion must be accompanied by the declaration of the appraiser, Maxim Pekler. The declaration must be made under penalty of perjury before the appraisal report can be received into evidence. Unauthenticated out-of court statements, exhibits, or printouts are hearsay to the extent they are used to prove the truth of the matter, i.e., the value of the property. See generally, B. Russell, 2 Bankr. Evid. Man. § 701:2, at 789-99 (2009-2010 Ed.).
Pursuant to Judge Brand's "Guidelines for Valuing and Avoiding
2:00 PM
Liens in Chapter 13 Cases" located on the court website, and which are also applicable to chapter 7 cases, the court does not accept title reports as evidence of the validity and amount of the judicial liens on the Property.
Please refer to the court website for guidance on acceptable evidence.
Lastly, assuming that the debtor provides evidence of value, it would appear that all of the judicial liens may not be subject to avoidance as the debtor seeks to avoid liens that collectively exceed the impairment of debtor's exemption. Debtor has failed to provide adequate evidence of the priority of the liens so the court is unable to determine which liens may be avoided and to what extent.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Gerald Marquis Antoine Represented By Alon Darvish
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:18-01243 Kinsley v. Nelnet
fr. 9-25-18
Docket 1
None.
Debtor(s):
Sonja Ashby Kingsley Pro Se
Defendant(s):
Nelnet Pro Se
Plaintiff(s):
Sonja Kinsley Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
In Certain Personal Property Claims Scheduled By The Debtor
fr 10-4-18; 10-18-18
Docket 98
None.
Debtor(s):
Kaveh Roshan Represented By Lane K Bogard
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba
10:00 AM
relief from stay [RP]
STONEHAVEN LLC VS
DEBTOR
fr 9-21-18; 11-9-18
Docket 30
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Movant(s):
Stonehaven LLC Represented By Michael H Weiss
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR FR 11-6-18
Sheryl K Ith to appear by telephone
Docket 55
None.
Debtor(s):
DENISE WALKER Represented By Robert T Chen
Movant(s):
Wells Fargo Bank, N.A. d/b/a Wells Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
FORD MOTOR CREDIT COMPANY LLC VS
DEBTOR
Sheryl K Ith to appear by telephone
Docket 24
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2013 Ford F150. The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Charles Edward Capers Jr. Represented By Heather J Canning
Joint Debtor(s):
Mary Ann Elizabeth Capers Represented By Heather J Canning
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CAPITAL ONE AUTO FINANCE VS
DEBTOR
Docket 101
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2015 Nissan Sentra. The debtor has failed to pay 8 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Byron H. Knight Represented By Steven B Lever
10:00 AM
Joint Debtor(s):
Lakesha M. Knight Represented By Steven B Lever
Movant(s):
Capital One Auto Finance, a division Represented By
Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HONDA LEASE TRUST VS
DEBTOR
Docket 54
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtors' 2015 Honda Accord. The lease matured on September 15, 2018 but debtors have kept and failed to return the vehicle to movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Nazem D Rajha Represented By Keith F Rouse
10:00 AM
Joint Debtor(s):
Manar Mayalah Represented By Keith F Rouse
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Austin P Nagel to appear by telephone
Docket 50
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2016 Lexus RC300. The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Bryan A Kumiyama Represented By
10:00 AM
Movant(s):
David S Hagen
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Austin P Nagel to appear by telephone
Docket 26
None.
Debtor(s):
Ninfa Carado Isidro Represented By Nicholas M Wajda
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WEBSTER BANK, NATIONAL ASSOCIATION
VS DEBTOR
fr 11-6-18
Docket 114
None.
Debtor(s):
James Bearden Cook Jr. Represented By Kevin T Simon
Movant(s):
Webster Bank National Association Represented By
Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
SPECIALIZED LOAN SERVICING, LLC VS
DEBTOR fr 11-6-18
Erin M McCartney to appear by telephone
Docket 43
Debtor(s):
Jose Roberto Rendon Represented By Todd L Turoci
Movant(s):
Specialized Loan Servicing LLC Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DITECH FINANCIAL LLC VS
DEBTOR
fr. 10-2-18; 11-6-18
Docket 27
None.
Debtor(s):
Ruben Aguirre Represented By Julie J Villalobos
Movant(s):
Ditech Financial LLC Represented By Darlene C Vigil
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 80
None.
Debtor(s):
Walter E Castaneda Represented By Thomas B Ure
Joint Debtor(s):
Maribel Castaneda Represented By Thomas B Ure
Movant(s):
U.S. Bank National Association, as Represented By
Angie M Marth Joseph C Delmotte Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
THE BANK OF NEW YORK MELLON VS
DEBTOR
Erin M McCartney to appear by telephone
Docket 31
A stipulation for adequate protection was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Andrew W. Giesing Represented By Randy D Gruen
Joint Debtor(s):
Susan D. Galvan-Giesing Represented By Randy D Gruen
Movant(s):
The Bank of New York Mellon fka Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK TRUST, N.A. VS
DEBTOR
Christina J.O to appear by telephone
Docket 25
A stipulation for adequate protection was filed in this case. Parties are to review the error notice on CMECF at Docket No. 31 and file the appropriate document. The Court will review the stipulation and enter an order approving the stipulation once all documents have been properly filed. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Leo Hill Represented By
Michael E Clark
Movant(s):
U.S. Bank Trust, N.A., as Trustee for Represented By
Merdaud Jafarnia Christina J O Madison C Wilson
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
US BANK TRUST NATIONALL ASSOCIATION VS
DEBTOR
Docket 62
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 30 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Monica Wolfe Represented By David Lozano
10:00 AM
Movant(s):
US Bank Trust National Association, Represented By
Kristin A Zilberstein
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DITECH FINANCIAL LLC VS
DEBTOR
Docket 30
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Wende June Kleinick Represented By Nicholas M Wajda
Movant(s):
Ditech Financial LLC Represented By
10:00 AM
Trustee(s):
John Rafferty Edward A Treder Cassandra J Richey
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 22
None.
Debtor(s):
Samuel Mendez Represented By Barry E Borowitz
Joint Debtor(s):
Veronica Olga Corza Represented By Barry E Borowitz
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK, N.A.
VS
DEBTOR
Docket 29
A stipulation for adequate protection was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Sonya Winfield Pro Se
Movant(s):
U.S. Bank, N.A., successor trustee to Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
LAKEVIEW LOAN SERVICING, LLC VS
DEBTOR
Christina J.O to appear by telephone
Docket 29
None.
Debtor(s):
Lydia M Torres Represented By Daniela P Romero
Movant(s):
Lakeview Loan Servicing, LLC Represented By Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 55
None.
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 22
None.
Debtor(s):
Glenn Michael Johnson Jr. Represented By Steven A Alpert
Movant(s):
U.S. Bank National Association, as Represented By
Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DOWNEY FEDERAL CREDIT UNION VS
DEBTOR
Case dismissed 10/25/18
Docket 23
Debtor's case was dismissed on October 25, 2018; however, because movant has requested in rem/(d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
Further, movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or
10:00 AM
entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr.
E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Aniceto Escobar Pro Se
Movant(s):
Downey Federal Credit Union Represented By
Bruce P. Needleman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Case dismissed 11/5/18
Erin M McCartney to appear by telephone
Docket 22
Debtor's case was dismissed on November 5, 2018; however, because movant has requested in rem/(d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
10:00 AM
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided
the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Esperanza Zamarripa Pro Se
Movant(s):
U.S. Bank National Association, not Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 14
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on October 29, 2018. This motion was filed on November 2, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Dario Olague Represented By
Allan S Williams
Joint Debtor(s):
Nicole Lynn Olague Represented By Allan S Williams
Movant(s):
Dario Olague Represented By
Allan S Williams Allan S Williams
Nicole Lynn Olague Represented By Allan S Williams Allan S Williams Allan S Williams
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 11
None.
Debtor(s):
Oscar Acosta Represented By
Ruben Fuentes
Joint Debtor(s):
Lillian Acosta Represented By Ruben Fuentes
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR fr 11-6-18
Austin P Nagel to appear by telephone Carey D Schreiber to appear by telephone
Docket 364
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
2:00 PM
Adv#: 2:18-01114 Trickel et al v. Dayer
fr 6-26-18
Docket 1
The pretrial conference in this matter is continued to March 12, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Aneleh Christine Dayer Represented By
D Justin Harelik
Defendant(s):
Aneleh Christine Dayer Pro Se
Plaintiff(s):
Francis W. Trickel Represented By
J. Bennett Friedman
Mary E. Trickel Represented By
J. Bennett Friedman
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01153
Wesley H. Avery, Chapter 7 Trustee of the Bankrupt v. Ilano et al Telephonic Hearing
A Declaratory Judgment Regarding Property of the Bankruptcy Estate
Accounting
Turnover
Injunctive Relief
Sale of a Property in Which a Non-Debtor Asserts an Inerest
Denial of Discharge for Concealment of Property of The Bankruptcy Estate and
Denial of Discharge for Making a False Oath fr. 7-17-18, 8-14-18; 9-25-18
Zi C. Lin to appear by telephone
Docket 1
This status conference is CONTINUED to December 4, 2018 at 2:00
p.m. Appearances waived.
Debtor(s):
Nathaniel T. ILano Represented By Luis G Torres
Defendant(s):
Claudette D Ilano Pro Se
Nathaniel T Ilano Pro Se
2:00 PM
DOES 1 through 20 Pro Se
Plaintiff(s):
Wesley H. Avery, Chapter 7 Trustee Represented By
Zi Chao Lin
Trustee(s):
Wesley H Avery (TR) Pro Se
Courtesy NEF Represented By Zi Chao Lin
2:00 PM
Adv#: 2:18-01226 Goodrich (TR) v. DOES 1-20 et al
Docket 13
NONE LISTED -
Debtor(s):
Consuelo Munoz Represented By Jeffrey S Shinbrot
Defendant(s):
DOES 1-20 Pro Se
CITIBANK N.A. Pro Se
Plaintiff(s):
David M Goodrich (TR) Represented By Wesley H Avery
Trustee(s):
David M Goodrich (TR) Represented By Wesley H Avery
2:00 PM
Adv#: 2:18-01226 Goodrich v. CITIBANK et al
Docket 1
None.
Debtor(s):
Consuelo Munoz Represented By Jeffrey S Shinbrot
Defendant(s):
CITIBANK Pro Se
DOES 1-20 Pro Se
Plaintiff(s):
David M. Goodrich Represented By Wesley H Avery
Trustee(s):
David M Goodrich (TR) Represented By Wesley H Avery
2:00 PM
Adv#: 2:18-01279
Alvarez v. Well Fargo Bank,NA et al
Telephonic Hearing
to set aside fraudulent foreclosure sale
for damages for attempted conversion
for an order discharging the alleged
loan due to fraud, deceit, misrepresentation, lack of full disclosure, lack of constitutional due process
violation of Title 18 money laundering
Cassandra Richey to appear by telephone
Docket 1
NONE LISTED -
Debtor(s):
Francisco Alvarez Pro Se
Defendant(s):
California Attorney General Xavier Pro Se DOES 1-100 Pro Se
N.B.S. Default Services Pro Se
Secretary Of Hud-Ben Carson Pro Se
James T Lee Pro Se
Barnett,Daffin,Frappier,Treder&Wei Pro Se
2:00 PM
Deputy Mark Saldecke Pro Se
City Of Walnut Sheriff Dept Pro Se
Jim DCDONELL Pro Se
LA County Sheriff Dept Pro Se
Susan J Townsend Pro Se
Superior Court Of California(West Pro Se REe Brokers Pro Se
Leucadia Lee Salas Pro Se
Lawrence Buckley Pro Se
Timothy J Sloan Pro Se
Well Fargo Bank,NA Pro Se
Plaintiff(s):
Francisco Alvarez Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01222 Olid-Moreno v. Sykes
for disallowance of claim # 1-1, quiet title, damages and recission of contract for:
Fraud
Breach of Fiduciary Duty
Intentional Infliction of Emotional Distress
Disallowance of Unenforceable Claim fr. 9-18-18
Docket 1
None.
Debtor(s):
Guillermo Olid-Moreno Represented By Jeffrey B Smith
Defendant(s):
Gerry Lou-Ann Sykes Pro Se
Plaintiff(s):
Guillermo Olid-Moreno Represented By Jeffrey B Smith
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01498 Faillace et al v. Torres et al
FR. 1-9-18; 2-27-18; 7-10-18; 10-16-18
Docket 1
This matter is continued to November 27, 2018 at 2:00 p.m. to allow the parties to file a motion to dismiss the adversary proceeding.
Appearances waived.
Debtor(s):
Michael Torres Represented By Charles J Brash
Defendant(s):
Michael P Torres Pro Se
Carla Torres Pro Se
Joint Debtor(s):
Carla Torres Represented By
Charles J Brash
Plaintiff(s):
Ondrea Faillace Represented By Bennett Murphy
Black Rose Tavern, Inc Represented By Bennett Murphy
2:00 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01256 Katz v. R & R Management, LLC
fr. 10-9-18
Docket 1
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
R & R Management, LLC Pro Se
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
Adv#: 2:18-01281 Katz v. Nguyen et al
[Biogreen Unlimited]
fr: 11-13-18
Docket 9
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
Jasmine Hoa Nguyen Represented By Timothy F Umbreit
Biogreen Unlimited, Inc. Represented By Thomas K Emmitt
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
Adv#: 2:18-01281 Katz v. Nguyen et al
[Jasmine Hoa Nguyen)
fr: 11-13-18
Docket 7
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
Jasmine Hoa Nguyen Represented By Timothy F Umbreit
Biogreen Unlimited, Inc. Represented By Thomas K Emmitt
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
Adv#: 2:18-01281 Katz v. Nguyen et al
avoidance of fraudulent transfers pursuant to 11 U.S.C. Section 544 and 548
recovery of fraudulent transfers pursuant to 11 U.S.C. Section 550
objection to proof of claim
disallowance of claim pursuant to 11 U.S.C. Section 502(d) and (j)
fr 11-6-18
Docket 1
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
Jasmine Hoa Nguyen Pro Se
Biogreen Unlimited, Inc. Pro Se
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
Adv#: 2:18-01310
Crescent Associates LLC v. Dror
Telephonic Hearing
Joseph McCarty to appear by telephone
Docket 1
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
Defendant(s):
Eyal Ben Dror Pro Se
Plaintiff(s):
Crescent Associates LLC Represented By Robert M Yaspan
2:00 PM
Adv#: 2:18-01300
Playhut, Inc. v. EBF Partners, LLC dba Everest Business Funding Telephonic Hearing
Avoidance and Recovery of Preferential Transfers
Avoidance and Recovery of Constructive Fraudulent Transfers; and
Disallowing Claims
Stipulation to continue hearing filed 11/12/18 Lei Lei Wang Ekvall to appear by telephone
Docket 4
A stipulation to extend deadlines and continue the status conference was filed in this case. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is CONTINUED to January 22, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
Defendant(s):
EBF Partners, LLC dba Everest Pro Se
Plaintiff(s):
Playhut, Inc. Represented By
Robert P Goe
2:00 PM
Adv#: 2:18-01298 Preferred Bank v. EBF Partners, LLC et al
declaratory judgment regarding the validity, priority and extent of Preferred Bank's lien in debtor's accounts receivable and proceeds thereof;
for determination that purported junior lienholders' claims are unsecured under 11 USC Section 506(d)
Stipulation to continue hearing filed 11/12/18
Docket 1
A stipulation to extend deadlines and continue the status conference was filed in this case. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is CONTINUED to January 22, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
Defendant(s):
EBF Partners, LLC Pro Se
Yellowstone Capital West LLC Pro Se
Citi Capital LLC Pro Se
1 West Capital LLC Pro Se
2:00 PM
Plaintiff(s):
Preferred Bank Represented By Gerrick Warrington Michael G Fletcher
2:00 PM
fr. 6-28-18; 8-23-18; 9-6-18; 9-20-18; 11-8-18
Docket 232
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
2:00 PM
Docket 5
Debtor(s):
Sumar International, Inc. Represented By Steven R Fox
2:00 PM
Docket 3
Debtor(s):
Sumar International, Inc. Represented By Steven R Fox
2:00 PM
Docket 6
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
2:00 PM
for Authority to Use Cash Collateral and to Approve Stipulation
Docket 2
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
fr. 11-14-18
Docket 41
Debtor(s):
Charlotte E Redmond Represented By Britney L. Mark
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
fr. 11-14-18
Docket 8
Debtor(s):
Corey LaMont Ward Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 10
Debtor(s):
Roxana E Abarca Rivera Represented By Marlin Branstetter
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 11
Debtor(s):
Ervell Leroy Prodan Represented By Michael E Clark
Joint Debtor(s):
Tanya Prodan Represented By Michael E Clark
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 10
Debtor(s):
Cynthia Alexandra Acuna Represented By Omar Zambrano
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 16
Debtor(s):
David Martinez Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 13
Debtor(s):
Barney Ortega Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
fr. 10-2 (BR calendar)
Docket 9
Debtor(s):
Wendy Alvarez Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Docket 14
Debtor(s):
Jessie Burnell Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 11
Debtor(s):
Juan Carlos Calderon Represented By
Sevag Nigoghosian
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 10
Debtor(s):
Claudia Milena Sanchez Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Docket 39
Debtor(s):
Duane Glen Wildes Represented By Henry D Nunez
Joint Debtor(s):
Betty Ann Wildes Represented By Henry D Nunez
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Docket 12
Debtor(s):
Gustavo Soriano Sotomayor Represented By Lauren M Foley
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 8
Debtor(s):
Marcie Tatum Represented By Jennifer Ann Aragon
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 10
Debtor(s):
Yoni H Melgar Represented By Peter L Lago
Joint Debtor(s):
Yessica M Chavez Represented By Peter L Lago
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 12
Debtor(s):
Efrain Madrigal Rodriguez Represented By Kenumi T Maatafale
Joint Debtor(s):
Elva L Madrigal Represented By Kenumi T Maatafale
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Docket 9
Debtor(s):
Richard Van Neal Represented By Peter M Lively
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 8
Debtor(s):
Sherilyn RC Freeman Represented By Peter M Lively
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 10
Debtor(s):
Jose Alberto Chavarin Represented By Jennifer Ann Aragon
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 8
Debtor(s):
Dora D Osorio Represented By Peter L Lago
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Docket 9
Debtor(s):
Sheidy C. Dieguez Represented By Lauren M Foley
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 11
Debtor(s):
Leticia Alcantar Candelario Represented By Lauren M Foley
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 10
Debtor(s):
Vic Esteban Paule Represented By Jacqueline D Serrao
Joint Debtor(s):
Cynthia Tiquia Paule Represented By Jacqueline D Serrao
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
Docket 9
Debtor(s):
Ivan U Izaguirre Represented By Daniel King
Joint Debtor(s):
Angela Maria Izaguirre Represented By Daniel King
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Docket 15
Debtor(s):
Kevin E. Peters Represented By
M. Jonathan Hayes
Joint Debtor(s):
Cinthia Veronica Gambino Peters Represented By
M. Jonathan Hayes
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 15
Debtor(s):
Christina Sauceda Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
Docket 8
Debtor(s):
Carlos De Jesus Martinez Represented By
Sevag Nigoghosian
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
fr. 11-14-18
Docket 10
Debtor(s):
Sergio Isidro Anzaldo Represented By Daniel King
Joint Debtor(s):
Liliana Anzaldo Represented By Daniel King
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Docket 9
Debtor(s):
Badal H Khan Represented By William J Smyth
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
Docket 11
Debtor(s):
Juan Manuel Equihua Represented By Nicholas W Gebelt
Joint Debtor(s):
Cecilia Cinthia Equihua Represented By Nicholas W Gebelt
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 13
Debtor(s):
Victoria B. Jacobe Represented By
James D. Hornbuckle
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 17
Debtor(s):
Tasha Tapia Represented By
R Grace Rodriguez
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 9
Debtor(s):
Jesus Flores-Guerrero Represented By Sanaz S Bereliani
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Docket 9
Debtor(s):
Phisamai Xayasone Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Docket 10
Debtor(s):
Elese Ann Starr-Walker Pro Se
Joint Debtor(s):
Mack C Walker Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 10
Debtor(s):
Manuel Garcia Jr Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
TOYOTA MOTOR ACCEPTANCE CORPORATION
VS DEBTOR
Docket 29
None.
Debtor(s):
Juan Miguel Villalbazo Represented By Michael E Clark Barry E Borowitz
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SPECIALIZED LOAN SERVICING LLC VS
DEBTOR
fr. 8-14-18; 9-18-18; 10-16-18; 11-13-18
Docket 36
None.
Debtor(s):
Raequel K. London Represented By
D Justin Harelik
Movant(s):
Specialized Loan Servicing LLC Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR fr 11-13-18
Dane Exnowski to appear by telephone
Docket 61
None.
Debtor(s):
Katherine Marie Akingbade Represented By Brad Weil
Movant(s):
Wells Fargo Bank, N.A. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
LAKEVIEW LOAN SERVICING, LLC VS
DEBTOR
Diana Torres-Brito to appear by telephone
Docket 74
On November 30, 2018, the parties filed a stipulation to resolve the matter. The Court will review the order lodged. Accordingly, this matter is OFF CALENDAR. No appearance is required.
Debtor(s):
Hector Lozano Represented By
Rabin J Pournazarian
Movant(s):
Lakeview Loan Servicing, LLC Represented By Nancy L Lee Erica T Loftis Jonathan J Damen
S Renee Sawyer Blume Bonni S Mantovani Diana Torres-Brito
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Merdaud Jafarnia to appear by telephone
Docket 36
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Clark Oliver Lishey Represented By Julie J Villalobos
Movant(s):
Wells Fargo Bank, N.A. Represented By Merdaud Jafarnia DeMarcus Jones
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
BANK OF AMERICA, N.A. VS
DEBTOR
Merdaud Jafarnia to appear by telephone
Docket 38
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Alejandro Villarreal Sanchez Represented By
10:00 AM
Movant(s):
Raymond Perez
Bank of America, N.A. Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Cassandra Richey to appear by telephone
Docket 37
Debtor(s):
Javier Acuna Represented By
Andrew Moher
Joint Debtor(s):
Yliana Acuna Represented By Andrew Moher
Movant(s):
Deutsche Bank National Trust Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
PENNYMAC LOAN SERVICES, LLC VS
DEBTOR
Megan E. Lees to appear by telephone
Docket 34
Debtor(s):
George William Flowers Represented By Andrew Moher
Movant(s):
PennyMac Loan Services, LLC Represented By Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WEST COAST SERVICING, INC VS
DEBTOR
Docket 29
None.
Debtor(s):
Marine Akrabian Represented By Matthew D. Resnik
Movant(s):
WEST COAST SERVICING, INC. Represented By
Julian K Bach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
SPECIALIZED LOAN SERVICING, LLC VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 13
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay multiple pre-petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed
10:00 AM
circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Linda Ann Jefferson Pro Se
Movant(s):
Specialized Loan Servicing, LLC Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY, FSB VS
DEBTOR
Docket 11
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay multiple pre-petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU
system.
Debtor(s):
Edgar Enrique Morales Pro Se
Movant(s):
Wilmington Savings Fund Society, Represented By
Edward G Schloss
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 5
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on November 6, 2018. This motion was filed on November 8, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 14 -16 of the motion. Pursuant to the evidence presented, the Court GRANTS the relief requested
10:00 AM
in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor(s):
Felipe Gonzalez Represented By Jaime A Cuevas Jr.
Movant(s):
Felipe Gonzalez Represented By Jaime A Cuevas Jr. Jaime A Cuevas Jr. Jaime A Cuevas Jr. Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 8
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on November 7, 2018. This motion was filed on November 13, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 11-12 of the motion. Pursuant to the evidence presented, the Court GRANTS the relief requested
10:00 AM
in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor(s):
Maria Lourdes Perez Represented By Nicholas M Wajda
Movant(s):
Maria Lourdes Perez Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DELFINA ECHEVERRIA VS
DEBTOR
Docket 16
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on August 10, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on August 16, 2018. Debtor filed the bankruptcy petition on September 20, 2018 in an apparent effort to stay commencement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Braulio M Ayon Pro Se
Movant(s):
Delfina Echeverria Represented By Marc Cohen
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
JANET TOHL, TRUSTEE TOHL LIVING TRUST
VS DEBTOR
Docket 7
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on August 3, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on August 17, 2018. A judgment was entered on September 24, 2018. Debtor filed the bankruptcy petition on October 15, 2018 in an apparent effort to stay enforcement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
SH Premium Inc Represented By Yiyong Oh
Movant(s):
Janet Tohl, Trustee Tohl Living Trust Represented By
Joseph Trenk
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
FR 11-6-18; 11-27-18
Sheryl K Ith to appear by telephone
Docket 55
None.
Debtor(s):
DENISE WALKER Represented By Robert T Chen
Movant(s):
Wells Fargo Bank, N.A. d/b/a Wells Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01249 Harmandjian v. Massei et al
fr. 10-9-18; 11-13-18
Docket 1
None.
Debtor(s):
Steven Massei Represented By
Andrew Edward Smyth
Defendant(s):
Steven Massei Pro Se
Martha Massei Pro Se
Joint Debtor(s):
Martha Massei Represented By
Andrew Edward Smyth
Plaintiff(s):
Liana Harmandjian Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:18-01249 Harmandjian v. Massei et al
Docket 9
None.
Debtor(s):
Steven Massei Represented By
Andrew Edward Smyth
Defendant(s):
Steven Massei Represented By
Andrew Edward Smyth
Martha Massei Represented By
Andrew Edward Smyth
Joint Debtor(s):
Martha Massei Represented By
Andrew Edward Smyth
Plaintiff(s):
Liana Harmandjian Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:18-01153 Wesley H. Avery, Chapter 7 Trustee of the Bankrupt v. Ilano et al
Docket 15
No opposition having been filed, and good cause presented, the motion is GRANTED. Default judgment shall be entered against defendant debtor Nathaniel T. Ilano. The chapter 7 trustee shall lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Nathaniel T. ILano Represented By Luis G Torres
Defendant(s):
Claudette D Ilano Pro Se
Nathaniel T Ilano Pro Se
DOES 1 through 20 Pro Se
Plaintiff(s):
Wesley H. Avery, Chapter 7 Trustee Represented By
Zi Chao Lin
Trustee(s):
Wesley H Avery (TR) Represented By Zi Chao Lin
Courtesy NEF Represented By Zi Chao Lin
2:00 PM
Adv#: 2:18-01153 Wesley H. Avery, Chapter 7 Trustee of the Bankrupt v. Ilano et al
A Declaratory Judgment Regarding Property of the Bankruptcy Estate
Accounting
Turnover
Injunctive Relief
Sale of a Property in Which a Non-Debtor Asserts an Inerest
Denial of Discharge for Concealment of Property of The Bankruptcy Estate and
Denial of Discharge for Making a False Oath fr. 7-17-18, 8-14-18; 9-25-18; 11-27-18
Docket 1
This status conference is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Nathaniel T. ILano Represented By Luis G Torres
Defendant(s):
Claudette D Ilano Pro Se
Nathaniel T Ilano Pro Se
DOES 1 through 20 Pro Se
2:00 PM
Plaintiff(s):
Wesley H. Avery, Chapter 7 Trustee Represented By
Zi Chao Lin
Trustee(s):
Wesley H Avery (TR) Pro Se
Courtesy NEF Represented By Zi Chao Lin
2:00 PM
Adv#: 2:18-01093 Wike v. Hong
Docket 15
None.
Debtor(s):
Michael T Hong Represented By Young K Chang
Defendant(s):
Michael T Hong Pro Se
Plaintiff(s):
Chalmers Wike Represented By Marc Lazarus
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:18-01093 Wike v. Hong
FR. 6-5-18; 6-26-18, 7-17-18, 8-14-18; 11-13-18
Docket 1
None.
Debtor(s):
Michael T Hong Represented By Young K Chang
Defendant(s):
Michael T Hong Pro Se
Plaintiff(s):
Chalmers Wike Represented By Marc Lazarus
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:18-01164 Hoats v. Hammatt et al
Docket 9
None.
Debtor(s):
Joseph Hoats Represented By
Alan W Forsley
Defendant(s):
Christopher Scott Hammatt Pro Se
Susan Hammatt Pro Se
Plaintiff(s):
Joseph M Hoats Represented By Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01164 Hoats v. Hammatt et al
Misrepresentation and fraud
Misrepresentation and fraud
Identity theft
Unjust Enrichment
Declaratory Relief
Common Counts fr. 8-14-18; 10-2-18
Docket 1
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Defendant(s):
Christopher Scott Hammatt Pro Se
Susan Hammatt Pro Se
Plaintiff(s):
Joseph M Hoats Represented By Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01222
Olid-Moreno v. Sykes
Telephonic Hearing
Jeffrey Gold to appear by telephone Eric A. Mitnick to appear by telephone
Docket 16
None.
Debtor(s):
Guillermo Olid-Moreno Represented By Jeffrey B Smith
Defendant(s):
Gerry Lou-Ann Sykes Represented By Eric A Mitnick
Plaintiff(s):
Guillermo Olid-Moreno Represented By Jeffrey B Smith
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01222 Olid-Moreno v. Sykes
for disallowance of claim # 1-1, quiet title, damages and recission of contract for:
Fraud
Breach of Fiduciary Duty
Intentional Infliction of Emotional Distress
Disallowance of Unenforceable Claim fr. 9-18-18; 11-27-18
Docket 1
None.
Debtor(s):
Guillermo Olid-Moreno Represented By Jeffrey B Smith
Defendant(s):
Gerry Lou-Ann Sykes Pro Se
Plaintiff(s):
Guillermo Olid-Moreno Represented By Jeffrey B Smith
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
relief from stay [RP]
STONEHAVEN LLC VS
DEBTOR
fr 9-21-18; 11-9-18; 11-16-18
Docket 30
This matter is CONTINUED to a date to be determined. No appearances allowed.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Movant(s):
Stonehaven LLC Represented By Michael H Weiss
10:00 AM
Docket 0
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
Docket 16
None.
Debtor(s):
Evaristo Ortiz Represented By
Anthony Obehi Egbase
10:00 AM
Docket 92
None.
Debtor(s):
Rafael Ayala Gutierrez Represented By Onyinye N Anyama
10:00 AM
Docket 249
Good cause having been presented, the motion is GRANTED. The case is reopened to permit Movant to file a motion to dismiss or convert the debtor's chapter 11 bankruptcy case. Pursuant to LBR 9021-1(b)(1)(B), debtors must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
George Allan Vandeman Represented By Jason Wallach
10:00 AM
Docket 250
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
10:00 AM
Docket 204
None.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
fr. 5-31-18; 6-14-18; 7-5-18; 10-4-18
Docket 105
None.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
10:00 AM
First Amended Chapter 11 Plan of Reorganization
Docket 143
NONE LISTED -
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
10:00 AM
Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon
fr. 11-15-18
Docket 14
None.
Debtor(s):
Luis Carlos Flores Represented By Kevin Tang
Joint Debtor(s):
Teresa Flores Represented By
Kevin Tang
10:00 AM
Docket 20
None.
Debtor(s):
Luis Carlos Flores Represented By Kevin Tang
Joint Debtor(s):
Teresa Flores Represented By
Kevin Tang
10:00 AM
Docket 0
None.
Debtor(s):
Luis Carlos Flores Represented By Kevin Tang Lionel E Giron
Joint Debtor(s):
Teresa Flores Represented By
Kevin Tang Lionel E Giron
10:00 AM
Docket 171
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
10:00 AM
Docket 169
None.
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
10:00 AM
fr 9-20-18; 10-18-18
Docket 14
None.
Debtor(s):
Thresiamma Mathew Represented By Stella A Havkin
10:00 AM
Docket 38
None.
Debtor(s):
Thresiamma Mathew Represented By Stella A Havkin
10:00 AM
fr 11-8-18
Docket 0
None.
Debtor(s):
Thresiamma Mathew Represented By Stella A Havkin
10:00 AM
to Obtain Credit Under Section 364(b), Rule 4001(c) or (d) re Amendment to Austin Financial Corporation, Inc. DIP FinanciI don'ng Facility and AFCO Insurance Premium Financing
fr. 11-6-18
Docket 392
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Movant(s):
Point.360, a California Corporation Represented By
Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Lewis R Landau Daniel P Hogan Daniel P Hogan Daniel P Hogan Daniel P Hogan Daniel P Hogan
10:00 AM
Daniel P Hogan Daniel P Hogan Daniel P Hogan
10:00 AM
fr. 6-28-18; 8-23-18; 9-6-18; 9-20-18; 11-8-18; 11-27-18
Docket 232
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau
2:00 PM
Rosendo Gonzalez
Docket 34
None.
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Rosendo Gonzalez. Rosendo Gonzalez ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $2,062.90 in fees and $163.53 in expenses. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the
2:00 PM
case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $15,000. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Debtor(s):
KC Chirrick Represented By
Bruce C Bridgman
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Adv#: 2:17-01549 Mastan v. Desert Solis, Inc., a California corporation et al
fr. 1-30-18; 9-18-18; 11-6-18
Docket 1
None.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Desert Solis, Inc., a California Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
Adv#: 2:17-01547 Mastan v. Bondanelli et al
fr 1-30-18; 9-18-18, 11-6-18
Docket 1
None.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Carlo Bondanelli Pro Se
Carlo Bondanelli, as trustee of St. Pro Se St. Joseph's Investments, Inc. Pro Se St. Joseph's Investments, Inc. in its Pro Se Does 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Peter J Mastan (TR) Represented By
2:00 PM
John P Reitman Aleksandra Zimonjic
2:00 PM
Adv#: 2:17-01550 Mastan v. Civitas Incorporated., a California corporation et
fr. 1-30-18; 9-18-18; 11-6-18
Docket 1
None.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Civitas Incorporated., a California Pro Se St. Joseph's Investments, Inc., a Pro Se
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
Adv#: 2:15-01613 Lee v. Rowe
(FRBP 9020 and 9014)
Docket 62
None.
Debtor(s):
Nancy Margaret Rowe Represented By
Andrew Edward Smyth
Defendant(s):
Nancy Rowe Represented By
Andrew Edward Smyth Douglas J Rosner William J Smyth
Plaintiff(s):
Robert Lee Represented By
Douglas J Rosner Andrew Edward Smyth Mark M Sharf
Trustee(s):
Howard M Ehrenberg (TR) Represented By Douglas J Rosner
11:00 AM
fr. 8-30-18; 11-9-18
Docket 1035
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
2:00 PM
Adv#: 2:18-01051 Kitsuta v. Rodriguez
fr. 5-1-18; 10-16-18
Docket 1
Debtor(s):
Celia Rodriguez Represented By Christopher P Walker
Defendant(s):
Celia Rodriguez Pro Se
Plaintiff(s):
Kay Kitsuta Represented By
Joseph K. Lee James R Ebert
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 0
NONE LISTED -
1:30 PM
fr 10-3-18
Docket 98
NONE LISTED -
Debtor(s):
La Tetsa Juliette Moore Represented By Misty Wilks
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18
Docket 49
NONE LISTED -
Debtor(s):
Evelyn Altamira Alvarez Represented By
Hasmik Jasmine Papian Emmanuel S Vargas
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-3-18
Docket 44
NONE LISTED -
Debtor(s):
Neptaly Marquez Represented By William J Smyth
Andrew Edward Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18
Docket 74
NONE LISTED -
Debtor(s):
William M King Represented By Sundee M Teeple Craig K Streed
Joint Debtor(s):
Hattie King Represented By
Sundee M Teeple Craig K Streed
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18
Docket 143
NONE LISTED -
Debtor(s):
Laura Hernandez Represented By Michael F Frank
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18
Docket 30
NONE LISTED -
Debtor(s):
Nora Marilena Melgar Represented By Andrew Moher
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18
Docket 34
NONE LISTED -
Debtor(s):
Rick Choi Represented By
Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-3-18
Docket 37
NONE LISTED -
Debtor(s):
Omar Argueta Lopez Represented By Devin Sawdayi
Joint Debtor(s):
Hilda Liliana Argueta Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18
Docket 50
NONE LISTED -
Debtor(s):
Judith Michelle Thompson Represented By Tamar Terzian
Joint Debtor(s):
Steven Russell Thompson Represented By Tamar Terzian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18
Docket 49
NONE LISTED -
Debtor(s):
Michael Naef Represented By Sundee M Teeple
Michelle A Marchisotto Craig K Streed
Joint Debtor(s):
Lisa Naef Represented By
Sundee M Teeple Michelle A Marchisotto Craig K Streed
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-22-17; 10-17-18
Docket 83
NONE LISTED -
Debtor(s):
Daniel Rodriguez Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Karina Padilla Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-22-18
Docket 253
NONE LISTED -
Debtor(s):
Jorge Oswaldo Obregon Represented By Susan Salehi
Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18
Docket 45
NONE LISTED -
Debtor(s):
Michael Lee Allen Represented By Michael Jones Sara Tidd
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-13-18; 8-22-18; 10-17-18
Docket 59
NONE LISTED -
Debtor(s):
Louie Jim Pagoulatos Represented By Brad Weil
Joint Debtor(s):
Rosemary Guzman Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17, 1-10-18, 3-7-18; 5-16-18; 7-11-18; 10-17-18
Docket 39
NONE LISTED -
Debtor(s):
Garcia Amelia Represented By Michael V Jehdian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-22-17; 10-17-18
Docket 31
NONE LISTED -
Debtor(s):
Claudia Elizabeth Rocha Represented By Heather J Canning Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-22-17; 10-17-18
Docket 64
NONE LISTED -
Debtor(s):
Michelle Jacildo Mandel Represented By Steven B Lever
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 10-3-18
Docket 53
NONE LISTED -
Debtor(s):
Cheryl Ann Doggans Represented By Kahlil J McAlpin
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18
Docket 52
NONE LISTED -
Debtor(s):
Romel Castrillo Faraon Represented By Stephen S Smyth William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 24
NONE LISTED -
Debtor(s):
Alberto Nolasco Reynoso Represented By Erika Luna
Joint Debtor(s):
Leonida Valerio Reynoso Represented By Erika Luna
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-18-18; 10-3-18
Docket 44
NONE LISTED -
Debtor(s):
Gloria L Leonard Represented By Leon D Bayer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-12-18; 10-3-18
Docket 28
NONE LISTED -
Debtor(s):
Theresa E. Pace Represented By
W. Derek May
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-11-18; 5-30-18; 7-18-18; 8-22-18; 10-17-18
Docket 37
NONE LISTED -
Debtor(s):
Anthony Ginnane Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-18-18; 10-3-18
Docket 24
NONE LISTED -
Debtor(s):
Ramiro Jose Nunez-Villela Represented By Michael E Clark
Joint Debtor(s):
Hazelle Nunez Represented By Michael E Clark
Movant(s):
Ramiro Jose Nunez-Villela Represented By Michael E Clark Michael E Clark
Hazelle Nunez Represented By Michael E Clark
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 63
NONE LISTED -
Debtor(s):
David Becerra Represented By David P Farrell
Joint Debtor(s):
Mariaelena Morales Becerra Represented By David P Farrell
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 9-12-18; 10-3-18
Docket 61
NONE LISTED -
Debtor(s):
David Becerra Represented By David P Farrell
Joint Debtor(s):
Mariaelena Morales Becerra Represented By David P Farrell
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18; 7-18-18; 8-22-18; 10-3-18
Docket 33
NONE LISTED -
Debtor(s):
Carolyn Denise Echols Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 1-10-18; 2-28-18; 4-11-13; 6-13-18; 8-22-18; 10-3-18
Docket 31
NONE LISTED -
Debtor(s):
Mark Logan Represented By
Melissa A Clark Katherine Sandoval
Joint Debtor(s):
Patricia Logan Represented By Melissa A Clark Katherine Sandoval
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 31
NONE LISTED -
Debtor(s):
Gail R Lenon Represented By
Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 64
NONE LISTED -
Debtor(s):
Deborah Sandi Stein Represented By William Huestis
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 40
NONE LISTED -
Debtor(s):
Larry Thomas Represented By Gregory M Shanfeld
Joint Debtor(s):
Janine Lenett Thomas Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 55
NONE LISTED -
Debtor(s):
Ivis Lenard Byles Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 55
NONE LISTED -
Debtor(s):
Adrian Alvarez Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 49
NONE LISTED -
Debtor(s):
Milton David Avalos Represented By Ali R Nader
Nathan A Berneman
Joint Debtor(s):
Ana Daisy Lima Represented By Ali R Nader
Nathan A Berneman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 109
NONE LISTED -
Debtor(s):
Vena Marie Rubalcaba Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 30
NONE LISTED -
Debtor(s):
Grant Steven Workman Represented By
Raj T Wadhwani
Joint Debtor(s):
Mary Elaine Workman Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 36
NONE LISTED -
Debtor(s):
Lorena Maccioni Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 20
NONE LISTED -
Debtor(s):
Constantine Sklavos Represented By Daniel King
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 39
NONE LISTED -
Debtor(s):
Haile Earnel Williams Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 30
NONE LISTED -
Debtor(s):
Beverly Ann Rodgers Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 21
NONE LISTED -
Debtor(s):
Colleen Annette Dixon Aguirre Represented By Daniel King
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 36
NONE LISTED -
Debtor(s):
Alba Yanira Flores Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
NONE LISTED -
Debtor(s):
Charles Edward Capers Jr. Represented By Heather J Canning
Joint Debtor(s):
Mary Ann Elizabeth Capers Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 99
NONE LISTED -
Debtor(s):
Angela D Walton Represented By Matthew D Resnik
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 5-24-17, 8-2-17; 9-20-17; 11-15-17; 12-13-17; 2-14-18
4-18-18; 6-27-18; 9-12-18
Docket 88
NONE LISTED -
Debtor(s):
Angela D Walton Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 62
NONE LISTED -
Debtor(s):
Zohrab Wartkes Hairic Represented By Sylvia Lew David A Tilem
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-22-17; 10-17-18
Docket 58
NONE LISTED -
Debtor(s):
Zohrab Wartkes Hairic Represented By Sylvia Lew David A Tilem
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 49
NONE LISTED -
Debtor(s):
Trina Lanette Ward Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-27-18; 9-12-18; 10-17-18
Docket 40
NONE LISTED -
Debtor(s):
Trina Lanette Ward Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
None.
Debtor(s):
Robert M Gonzales Sr Pro Se
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
fr 11-7-18
Docket 93
NONE LISTED -
Debtor(s):
Robert M Gonzales Sr Pro Se
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
Docket 32
No opposition having been filed, and good cause presented, the motion is GRANTED. Debtor is granted a discharge under 11 U.S.C. § 1328(b). Debtor shall lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Claudia Jean Hamler Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
No opposition having been filed, and good cause presented, this motion is GRANTED. Jaye L. Hamler is appointed "Next Friend" of the debtor. Debtor shall lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Claudia Jean Hamler Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18; 11-14-18
Docket 24
NONE LISTED -
Debtor(s):
Claudia Jean Hamler Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 61
NONE LISTED -
Debtor(s):
Denise M. Jenkins Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 71
NONE LISTED -
Debtor(s):
Greer Yvonne Davis Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 36
NONE LISTED -
Debtor(s):
Jennifer Goodie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
NONE LISTED -
Debtor(s):
Erik G Fine Represented By
Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
NONE LISTED -
Debtor(s):
Gloria Jackson Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
The Order to Show Cause is discharged. Debtor has filed the necessary documents. In light of the debtor's Second Amended Chapter 13 Plan filed on December 7, 2018, the chapter 13 trustee shall set a new confirmation hearing date. This matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Edwin Armando Gomez Represented By Gregory Grigoryants
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 39
None.
Debtor(s):
Roberto L Corona Represented By Peter L Lago
Joint Debtor(s):
Maria R Corona Represented By Peter L Lago
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 18
The Order to Show Cause is discharged. Debtor has filed the necessary documents. In light of the debtor's First Amended Chapter 13 Plan filed on November 13, 2018, the chapter 13 trustee shall set a new confirmation hearing date. This matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Tigranouhi Gasparian Represented By
Hasmik Jasmine Papian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
The Order to Show Cause is discharged. Debtor has satisfied the court's concern and paid the final installment payment. This matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Patricia Ann Guerrero Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 19
The Order to Show Cause is discharged. Debtor has filed the necessary documents. In light of the debtor's Second Amended Chapter 13 Plan filed on November 6, 2018, the chapter 13 trustee shall set a new confirmation hearing date. This matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Stephanie Hamilton Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Represented By Jacqueline D Serrao
1:30 PM
Docket 30
None.
Debtor(s):
Jeanne R Leonard Represented By Anthony P Cara
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-17-18; 11-14-18
Stipulation to credit Debtor's Mortgage Account filed 11/29/18
Docket 74
A stipulation was filed in this case. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Norberto Juarez-Ramirez Represented By
Leroy Bishop Austin
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Case dismissed 11/15/18
Docket 18
NONE LISTED -
Debtor(s):
Bill L. Lile Represented By
Crystle Jane Lindsey
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 96
None.
Debtor(s):
Joseph Hoats Represented By
Alan W Forsley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Case dismissed 11/15/18
Docket 63
NONE LISTED -
Debtor(s):
Adrianne Marcia Moore Represented By Shannon O.C. Nelson
Trustee(s):
Nancy K Curry (TR) Represented By Masako Okuda
1:30 PM
Docket 0
No opposition was filed.
The debtor's objection to proof of claim ("Claim No. 5") filed with the Court’s Claims Register by Guaranty Collection Co. Inc. is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, the debtors have established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. April 16, 2018, the claimant secured a state court judgment against the debtor, which forms the basis of Claim No. 5., without leave from this Court in violation of the automatic stay. 11 U.S.C. § 362(a). A judgment secured in violation of the automatic stay is void. In re Schwartz, 954 F.2d 569, 571 (9th Cir.1992). As a result, the Court disallows Claim No. 5. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Objection SUSTAINED
Debtor(s):
Sergio Burchfield Represented By Tom A Moore
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18
Docket 31
NONE LISTED -
Debtor(s):
Sergio Burchfield Represented By Tom A Moore
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 38
No opposition was filed.
The debtor's objection to proof of claim ("Claim No. 9") filed with the Court’s Claims Register by Real Time Resolutions, Inc. is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The Court disallows Claim No. 9 as the claimant has failed to demonstrate that it holds a claim against the debtor in the instant case. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Keyla R Bell Represented By
Nancy Korompis
Movant(s):
Keyla R Bell Represented By
Nancy Korompis
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
NONE LISTED -
Debtor(s):
Shahram Sharifi Represented By William J Smyth Stephen S Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 52
NONE LISTED -
Debtor(s):
Armando Diaz Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 53
No opposition was filed.
The debtor’s objection to proof of claim ("Claim No. 6") filed with the Court’s Claims Register by Cavalry, SPV I, LLC. is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The Court disallows Claim No. 6 as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. The debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Armando Diaz Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 54
None.
Debtor(s):
Armando Diaz Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 48
None.
Final Ruling:
This motion has been set for hearing on the notice required by LBR 4001(c)(1) and LBR 9013-1(d)(2). The failure of any party in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 90913-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further,
because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir.
2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Debtor seeks to value debtor’s residence at a fair market value of
$95,000 as of May 20, 2013. The subject property is encumbered by a first deed of trust lien held by Seterus, Inc., securing a loan with a balance as of the petition date of approximately $159,899.72 and a second deed of trust held by Specialized Loan Servicing, LLC, securing a loan with a balance as of the petition date of approximately $25,524.05. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, Specialized Loan Servicing, LLC’s claim secured by a junior deed of trust lien is completely under- collateralized.
1:30 PM
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan or the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan or upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Ernesto Daniel Rodriguez Represented By Michael E Clark
Joint Debtor(s):
Rachel Corralejo Rodriguez Represented By Michael E Clark
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 17
None.
Debtor(s):
Inocente Benitez Pacheco Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18
Docket 43
None.
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 6
None.
Debtor(s):
Ricardo Guerra Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket No: 101
Debtor(s):
R & S Antiques, Inc. Represented By Victor A Sahn
10:00 AM
Docket No: 91
Debtor(s):
American Ranch and Seafood Markets Represented By
Sandford L. Frey
10:00 AM
Docket No: 0
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle J Lindsey
W. Sloan Youkstetter
10:00 AM
Docket No: 28
Debtor(s):
Michelle Carter Represented By Kevin Tang
10:00 AM
Docket No: 1
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
10:00 AM
Docket No: 14
Debtor(s):
Luis Carlos Flores Represented By Kevin Tang
Joint Debtor(s):
Teresa Flores Represented By
Kevin Tang
10:00 AM
Docket No: 38
Debtor(s):
Luis Carlos Flores Represented By Lionel E Giron
Joint Debtor(s):
Teresa Flores Represented By
Lionel E Giron
10:00 AM
Docket No: 0
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Docket No: 0
Debtor(s):
Lucky Cats, Inc. Represented By Steven R Fox
10:00 AM
Docket No: 1
Debtor(s):
N. L. Abrolat, Inc. Represented By Alan W Forsley
Marc A Lieberman
10:00 AM
Docket No: 144
Debtor(s):
William O Haight Represented By Dana M Douglas M Jonathan Hayes
10:00 AM
Docket No: 166
Debtor(s):
Hector Ocegueda Represented By
M Jonathan Hayes
10:00 AM
Docket No: 359
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket No: 361
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket No: 363
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket No: 365
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket No: 367
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket No: 382
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket No: 396
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket No: 0
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
2:00 PM
Adv#: 2:18-01243
Kinsley v. Nelnet
Docket No: 6
Debtor(s):
Sonja Ashby Kingsley Pro Se
Defendant(s):
Nelnet Pro Se
Plaintiff(s):
Sonja Kinsley Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:18-01243
Kinsley v. Nelnet
Docket No: 1
Debtor(s):
Sonja Ashby Kingsley Pro Se
Defendant(s):
Nelnet Pro Se
Plaintiff(s):
Sonja Kinsley Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Docket No: 45
Debtor(s):
Gerald Marquis Antoine Represented By Alon Darvish
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Docket No: 117
Debtor(s):
Fehmida Mahmood Represented By Michael R Totaro
Trustee(s):
Diane C Weil (TR) Represented By Eric P Israel David Seror
Jessica L Bagdanov
2:00 PM
Docket No: 119
Debtor(s):
Fehmida Mahmood Represented By Michael R Totaro
Trustee(s):
Diane C Weil (TR) Represented By Eric P Israel David Seror
Jessica L Bagdanov
2:00 PM
Docket No: 14
Debtor(s):
Jong Wo Hong Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
11:00 AM
Claim #4 by Claimant CASH4CASES, INC.. in the amount of $ 109,317.67
fr 5-30-18; 6-13-18; 9-17-18
Docket 35
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Movant(s):
Joseph Hoats Represented By
Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ALAN RILEY VS DEBTOR
fr. 11-13-18
Stipulation regarding motion for relief from stay filed 12/14/18
Docket 25
On December 14, 2018, the parties filed a stipulation to resolve the matter. Debtor's counsel is to upload a corresponding order for the Court's review. Accordingly, this matter is OFF CALENDAR. Appearances waived.
Debtor(s):
Paula Louise Walton Represented By
Richard L. Sturdevant
Movant(s):
Alan Ridley Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
GENTOO PROPERTY MANAGEMENT VS
DEBTOR
Docket 10
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtors and the debtors' bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant and debtor executed a residential lease agreement on October 10, 2017. Pursuant to the terms of the lease, debtors agreed to pay rent in the amount of $975 per month. Debtors defaulted on the lease before the petition date.
Movant served the debtors with a three-day notice to quit the premises on July 19, 2018. When the debtors failed to vacate the premises, an unlawful detainer action was filed and served on September 27, 2018.
Debtors filed the bankruptcy petition on November 14, 2018 in an apparent effort to stay commencement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtors' right to possess the premises must be determined.
10:00 AM
The 14-day period specified in FRBP 4001(a)(3) is waived. All other
relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Rodolfo Silva Pro Se
Joint Debtor(s):
Araly Silva-Martinez Pro Se
Movant(s):
Gentoo Property Management Represented By Theresa A Jones
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
FR 11-6-18; 11-27-18; 12-4-18
Docket 55
Debtor(s):
DENISE WALKER Represented By Robert T Chen
Movant(s):
Wells Fargo Bank, N.A. d/b/a Wells Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FORD MOTOR CREDIT COMPANY LLC VS
DEBTOR fr 11-27-18
Docket 24
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2013 Ford F150. The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Charles Edward Capers Jr. Represented By
10:00 AM
Heather J Canning Barry E Borowitz
Joint Debtor(s):
Mary Ann Elizabeth Capers Represented By Heather J Canning Barry E Borowitz
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HYUNDAI LEASE TITLING TRUST VS
DEBTOR
Docket 40
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor debtor's Hundai Sonata. On May 30, 2018, the lease matured and debtor subsequently surrendered the Hundai to movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Simon Garayan Represented By Aris Artounians
Movant(s):
Hyundai Lease Titling Trust Represented By
10:00 AM
Trustee(s):
Jennifer H Wang
Nancy K Curry (TR) Pro Se
10:00 AM
VW CREDIT, INC VS
DEBTOR
Docket 39
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of debtor's Audi A4. The debtor has failed to pay 2 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Nino Gevorkova Represented By Philip O Falese
Movant(s):
VW Credit, Inc. Represented By
10:00 AM
Trustee(s):
Darren J Devlin
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR fr. 11-27-18
Docket 22
None.
Debtor(s):
Samuel Mendez Represented By Barry E Borowitz
Joint Debtor(s):
Veronica Olga Corza Represented By Barry E Borowitz
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DITECH FINANCIAL LLC VS
DEBTOR
fr. 10-2-18; 11-6-18; 11-27-18
Stipulation resolving motion filed 12/14/18
Docket 27
None.
Debtor(s):
Ruben Aguirre Represented By Julie J Villalobos
Movant(s):
Ditech Financial LLC Represented By Darlene C Vigil
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON TRUST NATIONAL ASSOCIATION VS
DEBTOR 11-13-18
Docket 58
Debtor(s):
Robert John Groner Represented By Todd J Roberts
Movant(s):
WILMINGTON TRUST Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR fr. 11-27-18
Docket 55
None.
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 11-27-18
Docket 22
Debtor(s):
Glenn Michael Johnson Jr. Represented By Steven A Alpert
Movant(s):
U.S. Bank National Association, as Represented By
Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON TRUST, NATIONAL ASSOCIATION VS
DEBTOR
Docket 36
NONE LISTED -
Debtor(s):
John Henry May II Represented By Jeffrey N Wishman
Movant(s):
Wilmington Trust, National Represented By Dipika Parmar Cassandra J Richey Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 30
None.
Debtor(s):
Mark Anthony Reyes Represented By Gary Leibowitz
Jacqueline D Serrao
Movant(s):
U.S. Bank National Association, not Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 43
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Karla Aidee Castro Represented By William G Cort
10:00 AM
Movant(s):
Deutsche Bank National Trust Represented By Tyneia Merritt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR
Docket 21
On December 10, 2018, the Court entered an order dismissing the debtor's bankruptcy case. Movant has not made a sufficient showing of bad faith under 11 U.S.C. § 362(d)(4) for the Court to retain jurisdiction to hear this matter as it failed to serve notice on all parties with an interest in the subject real property. The hearing on this motion is now OFF CALENDAR. Appearances waived.
Debtor(s):
Blanca Olivia Lopez Pro Se
Movant(s):
HSBC Bank USA, National Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Case dismissed 11/2/18
Docket 13
Debtor's case was dismissed on November 2, 2018; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the subject property. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). Provided the order is recorded in
10:00 AM
compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Henry Kang Pro Se
Movant(s):
U.S. Bank National Association as Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TRINITY FINANCIAL SERVICES, LLC VS
DEBTOR
Docket 16
Debtor's case was dismissed on Novemeber 14, 2018; however, because movant has requested for the Court to annul the stay the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the subject real property. The debtor has not opposed stay relief. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432,
434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Elizabeth Millan Represented By Michael Avanesian
Movant(s):
Trinity Financial Services, LLC Represented By
Rafael R Garcia-Salgado Richard J Reynolds
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 15
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the subject property. The debtor has defaulted on post-petition debt obligations. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Edgar Enrique Morales Pro Se
Movant(s):
Deutsche Bank National Trust Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
RASSOUL YAZDIPOUR VS
DEBTOR
Docket 35
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed with Marriage of Rassoul Yazdipour and Noushin Pourianwhich is currently pending in a nonbankruptcy forum. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue).
Here, the Court finds cause to permit the pending litigation to be concluded in a non-bankruptcy forum. Debtor may proceed in the non- bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or estate property, except for filing of a Proof of Claim and/or timely bringing a non-dischargeability adversary proceeding.
10:00 AM
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Rassoul Yazdipour Represented By Mark T Jessee
Movant(s):
Rassoul Yazdipour Represented By Mark T Jessee
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 15
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on November 20, 2018. This motion was filed on November 27, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the all creditors. Pursuant to the evidence presented,
10:00 AM
the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Pete Gomez Represented By
Matthew D. Resnik
Joint Debtor(s):
Anna Maria Gomez Represented By Matthew D. Resnik
Movant(s):
Pete Gomez Represented By
Matthew D. Resnik
Anna Maria Gomez Represented By Matthew D. Resnik Matthew D. Resnik Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Docket 9
On December 4, 2018, debtor filed a notice of nonopposition to the motion (Docket No. 11).
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor debtor's Toyota Prius. The debtor is on default on post-petition payment obligations to movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Judith Ann McKendry Represented By Kevin T Simon
Movant(s):
Toyota Motor Credit Corporation, Represented By
10:00 AM
Trustee(s):
Austin P Nagel
Carolyn A Dye (TR) Pro Se
10:00 AM
MADISON REVOLVING TRUST 2017 VS
DEBTOR
Docket 21
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
According to the evidence, movant has a claim in the amount of
$84,650.70 secured by a lien on the subject property. The Court is unable to make a finding establishing the value of the property because movant has not provided an authenticated valuation of the property. There is no evidence that the debtor has made or tendered any payments to movant since the petition date. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1). Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or Court approval and multiple bankruptcy filings affecting the subject real property. 11 U.S.C. § 362(d)(4).
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided
10:00 AM
the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Christopher G Schuck Pro Se
Movant(s):
Madison Revolving Trust 2017 Represented By
Dane W Exnowski
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
fr 11-6-18; 11-27-18
Docket 364
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
2:00 PM
Adv#: 2:18-01160 State Compensation Insurance Fund v. Gonzalez
fr. 8-14-18; 12-18-18
Docket 1
A stipulation resolving the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Jose Gonzalez Represented By
Michael H Colmenares
Defendant(s):
Jose Gonzalez Pro Se
Plaintiff(s):
State Compensation Insurance Fund Represented By
Rhett Johnson
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:18-01341 Avery v. Posada et al
Docket 1
None.
Debtor(s):
Luis Posada Represented By
Raymond Perez
Defendant(s):
Luis Posada Pro Se
Evangelina Posada Pro Se
ARCADIO POSADA Pro Se
Anita Posada Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Gennady L Lebedev
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:18-01093 Wike v. Hong
FR. 6-5-18; 6-26-18, 7-17-18, 8-14-18; 11-13-18
12-4-18
Docket 1
None.
Debtor(s):
Michael T Hong Represented By Young K Chang
Defendant(s):
Michael T Hong Pro Se
Plaintiff(s):
Chalmers Wike Represented By Marc Lazarus
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:18-01247 Anyadike v. BANK OF NEW YORK MELLON et al
declaratory relief regarding The Bindingness of confirmed Chapter 11 Plan
injunctive or other equitable relief fr 10-2-18; 11-6-18
Docket 1
None.
Debtor(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase Onyinye N Anyama
Defendant(s):
BANK OF NEW YORK MELLON Pro Se BAYVIEW LOAN SERVICING, Pro Se
Bank of America, N.A Pro Se
Ditech Financial Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase
11:00 AM
Claim #4 by Claimant CASH4CASES, INC.. in the amount of $ 109,317.67
fr 5-30-18; 6-13-18; 9-17-18; 12-17-18
Docket 35
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Movant(s):
Joseph Hoats Represented By
Joseph M Hoats
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 36
No opposition having been filed, and good cause presented, this motion is GRANTED. Movant must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Francisco Dela Cruz Peralta Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 0
None.
Debtor(s):
Carla Langley Represented By Kevin Tang
10:00 AM
Telephonic Hearing
Shana Stark to appear by telephone
Docket 0
None.
Debtor(s):
Evaristo Ortiz Represented By
Anthony Obehi Egbase
10:00 AM
Docket 0
None.
Debtor(s):
LION SOLAR, LLC Represented By Michael H Weiss
10:00 AM
Telephonic Hearing
Fr. 7-19-18; 8-16-18; 9-6-18; 9-20-18; 9-28-18; 11-8-18
Mette Kurth to appear by telephone
Docket 15
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
fr. 5-31-18; 6-14-18; 7-5-18; 10-4-18; 12-6-18
Docket 105
None.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
10:00 AM
First Amended Chapter 11 Plan of Reorganization fr 12-6-18
Docket 143
None.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
10:00 AM
Docket 684
No opposition having been filed, and good cause presented, the motion is GRANTED. Movant must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian Annie Y Stoops
10:00 AM
Adv#: 2:15-01467 Holy Hill Community Church et al v. Zemer et al
fr. 11-19-15; 12-15-15, 1-20-15, 3-22-16; 3-29-16
4-19-16, 6-21-16; 8-9-16; 11-8-16; 1-10-17; 2-2-17;
3-9-17; 6-13-17; 7-11-17, 8-1-17; 9-5-17; 10-10-17
11-14-17, 12-14-17, 1-18-18; 4-12-18; 6-14-18; 9-20-18
fr 11-15-18
Docket 11
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Yuval Bar Zemer Represented By
Bernard D Bollinger Jr
1111 Sunset, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Downtown Capital, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Carl Sohn Pro Se
10:00 AM
Chan Hyo Tak Pro Se
Hae Hoon Owh Pro Se
Sung Yeol Yim Pro Se
Movant(s):
1111 Sunset Boulevard, LLC Represented By Jeffrey A Krieger
Plaintiff(s):
Holy Hill Community Church Represented By Andy Kong Richard T Baum
Reorganized Debtor, Holy Hill Represented By Andy Kong
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Adv#: 2:15-01467 Holy Hill Community Church et al v. Zemer et al
FR. 10-13-15; 12-15-15; 1-20-16, 3-22-16; 3-29-16, 6-21-16
8-9-16; 11-8-16; 1-10-17; 2-2-17,3-9-17; 6-13-17; 7-11-17,
8-1-17; 9-5-17; 10-10-17; 11-14-17, 12-14-17, 1-18-18
4-12-18; 6-14-18; 9-20-18
fr 11-15-18
Docket 1
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Yuval Bar Zemer Represented By
Bernard D Bollinger Jr
1111 Sunset, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
10:00 AM
Downtown Capital, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Carl Sohn Pro Se
Chan Hyo Tak Pro Se
Hae Hoon Owh Pro Se
Sung Yeol Yim Pro Se
Plaintiff(s):
Reorganized Debtor, Holy Hill Represented By Andy Kong
Holy Hill Community Church Represented By Andy Kong Richard T Baum
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
fr. 6-8-17; 10-5-17, 1-18-18, 5-10-18; 9-20-18
Docket 143
This status conference is taken OFF CALENDAR. The court entered an order closing this case on an interim basis. Appearances waived.
Debtor(s):
Aurora Bartola Gutierrez Represented By
Anthony Obehi Egbase Crystle J Lindsey Kevin Tang
Edith Walters Robert Rosvall
W. Sloan Youkstetter
10:00 AM
Shana Stark to appear by telephone
Docket 0
Reorganized Debtor has filed a motion for order closing case on an interim basis. This status conference is continued to February 7, 2019 at 10:00 a.m. to allow the motion for order closing case to be resolved.
Appearances waived.
Debtor(s):
Bernice Morales Represented By
Anthony Obehi Egbase Crystle J Lindsey Edith Walters
Clarissa D Cu Robert Rosvall
10:00 AM
Telephonic Hearing
Frank Alvarado to appear by telephone
Docket 0
None.
Debtor(s):
Winston O'Mally Represented By Frank J Alvarado
10:00 AM
fr 12-6-18
Docket 92
None.
Debtor(s):
Rafael Ayala Gutierrez Represented By Onyinye N Anyama
10:00 AM
Docket 0
None.
Debtor(s):
Rafael Ayala Gutierrez Represented By Onyinye N Anyama
10:00 AM
Docket 108
The Court has reviewed the stipulation to continue the hearing to allow debtor to file a first amended disclosure statement. The parties should be prepared to discuss the timing for an amended disclosure statement and the issues raised in the objection of the US Trustee.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
1834 S.Marengo Ave., Apt. 33, Alhambra, CA fr. 8-16-18; 10-4-18; 10-18-18; 11-8-18
Docket 50
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
fr. 4-12-18; 9-6-18; 12-13-18
Docket 0
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle J Lindsey
W. Sloan Youkstetter
10:00 AM
Docket 494
No opposition appears on the record, however, movant filed a supplement in support of its motion [Docket No. 513] with an adjustment to its application.
The court has reviewed the Application of the Orantes Law Firm P.C. for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $201,102 in fees and $4,242.55 in costs, for a total of $214,344.55. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11
U.S.C. § 330(a)(1). Appearances waived.
Movant is to lodge an appropriate order.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 504
No opposition was filed.
The court has reviewed the Application of the Patient Care Ombudsman, Joseph Rodrigues for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $2,155.64 in fees and $0 in costs, for a total of $2,155.64. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Movant’s counsel is to lodge an appropriate order.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 503
No opposition was filed.
The court has reviewed the Application of Eddie Rodriguez of ECR & Associates for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $18,975 in fees and $460 in costs, for a total of $19,435. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11
U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Movant's counsel is to lodge an appropriate order.
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 0
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 507
None.
Debtor(s):
Baldwin Park Congregate Home, Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Telephonic Hearing
Vanessa Haberbush to appear by telephone
Docket 387
No opposition was filed.
The court has reviewed the Application of Levene, Neale, Bender, Yoo & Brill L.L.P. for the Allowance of Fees and Reimbursement of Expenses and the Supplemental Declaration of Daniel H. Reiss. Counsel is to appear and explain what the actual requested fees and costs amounts are since the application includes an estimated 7 hours of fees and Exhibit A to the Supplemental Declaration details only 5.6 hours of services.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 388
No opposition was filed.
The court has reviewed the Application of CohnReznick LLP for the Allowance of Fees and Reimbursement of Expenses and the Supplemental Declaration of Kevin P. Clancy. The court GRANTS the Application and awards $26,792.50 in fees and $1,272.60 in costs, for a total of $28,065.10. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1).
Appearances waived.
Debtor(s):
Movant's counsel is to lodge an appropriate order.
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 391
No opposition was filed.
The court has reviewed the Application of Haberbush & Associates, LLP for the Allowance of Fees and Reimbursement of Expenses and the Supplemental Declaration of Vanessa Haberbush. The court GRANTS the Application and awards $153,832 in fees and $8,482.32 in costs, for a total of
$162,314.32. Any unpaid balance is to be paid by the debtor. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 392
No opposition was filed.
The court has reviewed the Application of Scopelitis, Garvin, Light, Hanson Ferry PC for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $41,517 in fees and $33.36 in costs, for a total of $41,550.36. Any unpaid balance is to be paid by the debtor. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Telephonic Hearing
WEST COAST SERVICING, INC VS
DEBTOR fr. 12-4-18
Julian K. Bach to appear by telephone
Docket 29
This matter is CONTINUED to January 15, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Marine Akrabian Represented By Matthew D. Resnik
Movant(s):
WEST COAST SERVICING, INC. Represented By
Julian K Bach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 10
No opposition was filed.
Section 362(c)(4)(A) states that if a single or joint case is filed by or against a debtor who is an individual under this title, and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed, other than a cased refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay shall not go into effect upon the filing of the later case, and on request of a party in interest, the Court shall promptly enter an order confirming that no stay is in effect. 11 U.S.C. § 362(c) (4)(A).
On motion of a party in interest for imposition of the automatic stay and upon notice and a hearing, the Court may impose the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) if the request is made within 30 days of the filing of the later case and after notice and a hearing, only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11 U.S.C. § 362(c)(4)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on December 12, 2018. This motion was filed on December 13, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on pages 13 through 16 of the motion (Docket No. 10 at 12-13). Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change
10:00 AM
in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Debra Elaine Legans Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 6
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on December 13, 2018. This motion was filed on December 14, 2018, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on pages 13 through 16 of the motion (Docket No. 6 at 13-16). Pursuant to the evidence presented, the Court
10:00 AM
GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Alma Valencia Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
Reed S. Waddell to appear by telephone
Docket 1145
None.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Docket 1151
None.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian